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HomeMy WebLinkAboutZBA-07/24/1996 HEARINGFiled "as is" TRANSCRIPT OF HEARINGS (To be Proofread) WEDNESDAY~ JULY 24, 1996 PREPARED FOR SOUTHOLD TOWN BOARD OF APPEALS By Noreen Frey 7:18 p.m. Appl. No. 4389 TIMOTHY GRAY and JIMBO REALTY. Location of ProperTy: 43560 and 44360 County Road 48, Southold, NY; Lots ~8 & 9 as shown on the Minor Subdivision Map for Pudge Corp. approved by the Planning Board on or about 7/19/82. Tax Lot #1000-59-4-8 and 9 (these two lots will be combined as one for this building and site plan project). Zone: B General Business. The owners are requesting: 1) Dwelling unit for an on-site manager by Special Exception, pursuant to Article X, Section 100-10lB of the Zoning Code. 2) Under New York Town Law, Section 274-B-3, the owners are requesting Variance from Article X, Section 100-103, subsections A & C, of the Zoning Code, for: (a) excessive length of two proposed buildings and (b) reduced yard setbacks of proposed buildings, as may be determined by the Board of Appeals. CHAIRMAN: This appeal is in behalf of Timothy Gray & Jimbo Realty, which we had as a carryover from the last meeting. We'll ask Mr. Gray if there is anything he would like to add, and we'll talk about the mix-up, when we were meeting with him the last time. MR. JIM GRAY: These are the ones that we had done over because el: the parking. You wanted more landscaping there, Linde? SECItETARY LINDA KOWALSKI: Lydia, not me. CIIAIRMAN: Thank you. Ok. Is there anything you want to add for the record Jim (Gray)? MR. JIM GRAY: No. [ just thought I'd go over and see if I could pick your brains. Linde called me up today and said if I could get something more in detail, why it's possibly, that I had to have that size building, or how ] could rearrange. So, we went over the prints today-'and we came up with some changes, but I think they're legible, and good enough for you. They're in dark. The same piece of proper~y. Page 2 - T['ansc~ipt of Ileal'trigs Regular Meeting Of July 24~ 1996 Southold Town Board of Appeals CHAIRMAN: OK MR. JIM GRAY: Three buildings instead of ~wo, and they're 70 feet in width, instead of 120 fee~, CHAIRMAN: OK MR. JIM GRAY: The only thing is, ali around the perimeter, we have the one ( ) one story, going around the back, the size of the back. SECRETARY LINDA KOWALSKI: Mr. Gray, when I called you today I also asked you if you had any kind of interior plan that would show t~ow the honeycomb effect or whatever that effect is that ---. MI{. JIM GRAY: That we called up down in Texas, and they don't fax us up something, bu~ they want a general idea, and they are going to lay it all ouT, SE-~RETARY LINDA KOWALSKI: OK MR. JIM GRAY: You'll have walkways, exit doors, and everything. CHAIRMAN: OK. ls there any building on the Island that looks like this, do you know of. I realize that you own properly all over the island but --. MR. JIM GRAY: Most mini-storages a~ the other end would have two story's. All public service story's. CHAIRMAN: Yes, but I'm talking about this central core area that, the drive in effect of the central core area, for the maximum security as apposed to just the normal security. MR. JIM GRAY: They all have it now. CttAIRMAN: They all have it now. MR. JIM GRAY: Yes. We're the only ones out here that don't have it. CttAIRMAN; 1 see. MR, JIM GRAY: If you go up m any route's on Route 110, just North of Southern State Parkway. CIIAIRMAN: l{ight MR.. JIM GRAY: And the ones up on Jericho Turnpike, they all have security cards for everything. You get a card and you get in the 8[-eoddV Jo p.xuotI uaoJ, ploqlno,.q Page 4 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals MR. JIM GRAY: The landscaping in front of it will be done beautiful. Just the way you want it. Tall trees and landscaping you know. MEMBER TORTORA: Just tell me that the parking ( ). MR. JIM GRAY: We reduced the parking right down to here, so the landscaping is ( ). CHAIRMAN: Now, the Planning Board hasn't looked at this at all, right. MR. JIM GRAY: Yes they did. CHAIRMAN: They did MR. JIM GRAY Yes CHAIRMAN: What did they say. MR. JIM GRAY: They wouldn't give me a plus on it. The buildings are too big. MEMBER TORTORA: The buildings are too big, in what respect? CHAIRMAN: They want 60 feet. MR. JIM GRAY: They don't want anything bigger than 60 foot wire ( ). SECRETARY LINDA KOWALSKI: Are they l0 foot bigger. Ten foot each bigger? CHAIRMAN: No, that's ---. Everyone is talking at once. MR. JIM GRAY: These are 70 feet. CHAIRMAN: These are the only thing that's building ---. SECRETARY LINDA KOWALSKI: They're supposed to be 60 feet wide right, so that's only 10 feet. Everyone is talking at once. CHAIRMAN: This is the only problem you have here, is access into it, the fire code. This is right in this general vicinity. MR. JIM GRAY: Good, cut this out. I just ( ). I'd cut it down, and this building would be moved over inside this building, Page 5 - Transcript of tiearings Regular Meeting of July 24, I996 Southold Town Board of Appeals and it would be big enough for fire engines to get all the way around ii. MEMBER VILLA: So then, this one. You have four buildings on this. CHAIRMAN: Yes MEMBER VILLA: You have one long narrow one, that's really ( ). MEMBER TORTORA: The original plan that received the notice of disapproval. MI{. JIM GRAY: Yes MEMBER TORTORA: Because I have one here that shows the buihtings being 120. Mit. JIM GRAY: 120 feet wide and 154 MEMBER VILLA: Yes MEMBER TORTORA: No, there is another one here. Right, this plan. Was this the plan that received the" Notice of Disapproval". The reason I'm asking is that, there is a section of the code that discusses that the length of the building shall be no longer than 125 feet. I don't ---. You know, I want ~o run this by the Building Department MR. JIM GRAY: I'm not sure. SECRETARY LINDA KOWALSKI: Yes, but that's not depth. You're mistaken the length of the building. I'm not sure how you would define the length. MEMBER TORTORA: Exactly. In other words Linde, I understand this. I don't want to --. SECRETARY LiNDA KOWALSKI: We could send a memo. MEMBER TORTORA: Sure, to a point of clarification, and also clarification to pursue this plan. But also, prefer clarification of the distance between buildings, because we want to make sure that whatever we do, you're not back here for another variance. That's all. CHAIRMAN: All right. So, we'll do that, ok and get back to you on this plan. ~We'll recess it again to the next regular scheduled meeting, and we'll more than likely --. We may discuss it with the Planning Board. I don't know. We'll see what happens. saX :AVIID IAII£ 'liB[ · Saloq~qqna ap!slno o~l ol~ao~aoa~! o~ ~ul~a~ oa~noX 'aaoa iI~ KII~Ols~q ~u~oq 'IH~Ia II~ 'MO :NV~IVHD 'ul ~I~a ~ oq Ilia t1 'oN :NV~IIIVH~ oN :XVMO ~I~ ~up[lo~os ao ~ana~ ~ ao '~u!pllnq ~lql ol~l a~a ~ a~[~p ol aIq~ aq ao '~u!pl!nq slql oluI aA!ap ol ~u!o~ Xlenb!un ea~ no~ 3n~ :HV~IVIID · ao~uaa[o o~l moaJ punoau s~u[~tl oao~ ol '~u~pI!nq oil1 uI X~Ium ao Xu~-jo-lq~ia looj 0[ ~ paau a~ · dh 30~ o~ ~ulpllnq oql u[ aolumOla u~ lnd ol X~ 1,usoop Il u~ql aalI~ms ~ulqlXuv '~ulpIlnq oql oplsu~ 'loajja qmooiouoq orD lag ol aapao u[ ~og u~o I lsaI[ums o~l s~l~rI& 'sa~ :XV~D ~IP '~ · o~ pinoo noi 1~1 ~salI~mS aql s~ opl~ laaJ Ol 1~1 ul~[dxa ol ~u}o~ s~ X~aD '~ulql oao~ auo XIUO s~oaoq~ :I3IS~VMO~ VGNI2 X}IVLZ~DZS °N : NV~}IIVHD 'aeSOlO ~IB~o~ ea,oAi :~VI~IVHD 'no~ ~Umli :AVID [~I~ · ~anm iaaa noK >[tmq& :NV~ltlVItD -saX ~sax :XVED ~If '~ 'ltl~[a HV 's~xa& moad :NV~BIV}tD · sai 'sai 'oanS :XVt9 ~I~ loI [hO~ 'aaAOl~ ao soou~la~A I~UoDlppu paatt noi j~ pu~ II~ 'olaaauoa ~ul~lomos la~ aa su uoos s~ puu 'ltlg[a IIV :NV~}HVIID 3IO :AVHD ~IP si~acldV jo pa~oit uaoj. ploqlnog 966[ '~g Xlni' jo ~uDooBI awln~oll s~u.~at~ott JO ldlaosup, a,L - 9 o~M Page 7 - Transcript of tlearings Regular Meeting of July 24, 1996 Soutl~old Town Board of Appeals MEMBER VILLA: and a core. MR. JIM GRAY: Yes MEMBER VILLA: Why can't you have separate buildings back to back with cubby's, back to back tubby's, and have another, building, the whole 60 foot width of core. Mt1. JIM GRAY: Wouldn't have enough land because say you make the cubbyhole 15 feel deep, 30 feet wide from the building . MEMBER VILLA: Right MI{. JIM GRAY: 30 foot wide, then you have to have a 30 foot driveway So, it cuts down the size of any building. We want to get about 75,000 square feet of building in this, to make it worthwhile. MEMBER VILLA: Yes, that's up and down. MR. JIM GRAY: Yes MEMBER VILLA: Do you suppose there could be another configuration thai you could do. MR. JIM GRAY: If [ had more land, that would be an excellent idea. I want to thank you guys again tonigt~t. MEMBER. TORTORA: Thank you Mr. Gray MR. JIM GRAY: It's nice seeing you. SECRETARY LINDA KOWALSKI: Thank you for bringing those. MR. JIM GRAY: OK, thank you. CtlAiRMAN: Yo~ are aware Mr. Gray that we were in the office Yot~ were at the meeting. MR. JIM GRAY: I know. MEMBER TORTORA: You were in the wrong office. MR. JIM GRAY: ] was banging on the door. and I got no answer. CHAIRMAN: Have a good night. SECRETARY~LINDA KOWALSKI: Mr. Gray, one thing. We go~ a letter today from the Planning Board to, on the old plan that we bad. Hold on, I'll give you a copy of it here. I may have it for you. SlUOClCIV Jo p~luo~t u~o,L PIOqlnos ~" 9661 'P~ KInF Jo ~r~B~oBI at;In,oH s,~u!.x~,olt jo ~d!.mm~v, aj, - 8 a~¢l l'age 9 - Transcript of ltesrings Regular Meeting of July 24, 1996 Southold Town Board of Appeals CHAIRMAN: This is a one story garage, not To exceed 12 feet. Two story? MR. GIOIA: One story. CtlAIRMAN: One story, that's right. I just had to think of the last hearing. What we requested was 15 and 38 for the last appeal. tie's, because---. MR. GIOIA: It was approved. CI{AIRMAN: I have to be honest with you. All these lots down there, we've always had phenomenal variances on them. There was a gentlemen by the name of Peter Warren, that developed this property. MR. GIOIA: tiis name is right there. CHAIRMAN: We'll start with Mr. Villa. What do you want to ask. MEMBER TORTORA: That doesn't matter ( ) inaudible. MEMBER V1LLA: i'm confused. We had granted something in December. CltAIRMAN: Yes, 15 feet from the property line. MR GIOIA: You see, I got confused because there ~s the right-of-way, and then there is some kind of buffer area, and ti~en, my property line. From the right-of-way, buffer area, and my property line, there's 15 feet~ So ] thought I had enough to build. SECRETARY LINDA KOWALSKI: Do you have a new map Bob? Is it in there? The sketch on the new location. MEMBER VILLA: No, I don't think so. SECRETARY LINDA KOWALSKI: It's no~ in there, ok. Jerry, we probably need ho see the map. MR. GIOIA: I have another one here. CIIAIRMAN: OK, let's start with Mr. Doyen first. Mr. Doyen, no questions. Mrs. Tortora. MEMBER TORTORA: No, [ wen~ down and I ( CHAIRMAN: ._Normally the question that I have Mr. Gioia is that, at five feet, working on the back of your garage, can you still be on your own property, putting a ladder up? MR. GIOIA: Yes '~u[nBoaa.t X,~oA :I51ST¢-/~O5I VC[NIq[ 'puuI o~om ~ I luql pu!J I 'noX al 1[ POU[uIdXO t s~ :VIOtO oql l[~nq aoaou ~i[ sson~ I *uotI~ 3[o-eq ~K~-jo-~ti~ oq~ moJj looJ ~5 osno~ ~ posoGoa~ peq OH :I3I~V~O5I VONIq 'aouao I~u[~lao oql s~a oH :V[OID '9L6[ ul ao~q Xlaodoad otB ua aou~o aolad ~ uooq aA~lI l~llm OH 'ul~pooD puomXu}I iq pouao su~ ii 'Xlaodoad ~ql ua plo uu punoj oM '~oo~ 3suI l~ ua tlOaUosoa oaom amos PIP I noX o1 ul~tdxo 1,uplp I *elo;D 'a~ :I3IgqVaO3I VGNI~ s~X : NVIaIIIVtlD 'Uols?op pa~oq snoIAoad oq~ oas ual PIP 'taaof :V22IA sox :VIOI9 ~XlaoGoad anoK ua oq al ~t!og noX oaU 'olgt~ 'os opol poa~ no~ ouoo~os ,~o 'noi s~ll ~l oauo %jrop I sox VIOID ' a~ua~ oql JO ~o~q aql si S[tll J! 's! uaaauoa anO ~O :NV~IltVItD oq~ pi[hq al ~ooj 0b uaop o~ I 'oaortl moaj ~ooj oA~A :VIOID '~a~q a~Ao lri~[a l[!nq I PqV :VIOI9 s~X : NV~}IIVItD 'ou!I XlaoGoafl lm si slql i~s s~lgI ~ooS :VIOID '}1~ si~soclctV jo pauolt uao,L ploqlrtos 966[ 'l~g ~ln£ jo sBu[ap, oil jo P~age 11 - Transcrip! of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals MR. GIOIA: Then [ originally owned. CHAIRMAN: It's unfortunate that they didn't set the house back a little farther, toward the water. But, they couldn't do so, based upon this decision. But, that's for a primary structure Bob. SECRETARY LINDA KOWALSKI: Anywhere he puts a garage, he needs a variance. That's tile problem, anywhere, so. CHAIRMAN: The question I have Bob is. What's your concern. This is not ---. Tell me what we can work out? MEMBER VILLA: Well, you have a garage door there now, that used re be a garage. MR. G1OIA: Right MEMBER VILLA: What is that now? MR, GIOIA: It's still a garage. It's going re be converted to a MEMBER VILLA: So, why couldn't you attached the garage right there? MI{. GIOIA: How could I attach it. Then I build another garage nex~ ~o it. MEMBER VILLA: Yes, attach it right ---. MR. GIOIA: But the entrance is in the front. MEMBER VILLA: The entrance is in what? MR. GIOIA: The entrance of the house 1s in the front. MEMBER VILLA: Yes MI{. GIOIA: I mean, it's next to --. SECRETARY LINDA KOWALSKI: The right-of-way. Mt{. GIOIA: The rigl~t-of-way. It's facing the right-of-way. The l~ouse is facing the right-of-way. That's tile front. If I build a garage right [here, I-- SECRETARY LINDA KOWALSKI: tie still needs a variance. MR. GIOIA: 1 kill the view, you know because the house is built this way. 6qo~[ op o] %u~ noJ[ op l~q~l 'p~oa ~fsnq Aaoa ~ s,%I 'p~oa q~nol ~ s! pa~A~[nog K~ff o[uoosd --:NV~NIVHD 'u! %s~ naa s~ uoos s~ uoos s~ pu~lsaopun noK uoqi :VIOID I 'Xlaodoa~ sql moaj looals mi1 ssoaou poAli I ~soA :NV~IVHD a~l Jo dol us ltI~Ia tu~I 'laoJ 9I n[ lo~ I s~ ~oos sV :VIOID '~ 'qo~ ~ollunl!s autno!p~acIaa~ onal ~ lnoqu ~u!~lul aa,noX :NVP~}IIVHD '-- aouu~lua aH1 ln~ :VIOID 'aaaq lqg[a saoop anoX samI pInoo risk pu~ ~os e~[I ~o e~a~ a~l ~o~ll~ noJ l~u~o ~qg 'si a~a~ anoJ ~ooI u earl pu~ aoAo amos noX ~D :ISIS2VMOSI VGNI~ aa,naA luna lust si 'ti al lxau l~Ig!a pllnq I Jl 'uuam I :VIOID ---- anoX ~xoHoj al!nB l~uop I :VIOID '~I~ · Gn ~H~oolq oq plno~ naa ~uu[1 XlUO sql s~l~tI& '~ou asap a~a~,~ ~noK jo 5IO :ISIS~V~OS[ VGNIq X~VJ,~IlD~S siuaddV jo pauolt u~O,L ploqlnos 966[ 'l~g XInl~ jo ~uBsal^tau, In~s'el Page 13 - Transcript et' l{eaY, ings Regular Meeting of July 24, 1996 Southold Town Board of Appeals MEMBER VILLA: It's not going re be any different than it would be the other way, [ don't think. I can't see it. SECRETARY LINDA KOWALSKI: Is there any reason that you would rather have the garage separate from the house, than attached? MR. GIOIA: By having it separate, I'll have s two cay. garage. MEMBER VILLA: Here's your 38 feet, here's your 38 feet. If you came back, you're almost going to be there. You're going to be off side of' the road. So, if you stayed with the 38 feet, you would still be ---. CttAIRMAN: But he doesn't want to come In perpendicular. He wants to come in on the side. See what he wants to do, he wants To 'be a'ble To come in like this, and go into the garage. The same situation, whel~ you come out, ok, you're out like this SECRETARY LINDA KOWALSKI: Yes CHAIRMAN: The other way, you have to take down [o do all these swings. That's what he's saying. MEMBER VILLA: Yes CHAIRMAN: I'm just saying this. It's a matter of ( ). SECRETARY LINDA KOWALSKI: And you can't come in to the right-of-way. CttAIRMAN: You've go To ---. MR. GIOIA: I'm not supposed to --- CIIA1RMAN: You've got to come out. SECRETARY LINDA KOWALSKI: You've go~ ~o come the other way. CHAIRMAN: OK, you understood the question I asked him about the ladder and the working on the ---. MEMBER VILLA: I understand that. We go through that all the time. CIIAIRMAN: Yes, tell rne what you want to do. I mean, I'm not trying to put you on the spot. We can recess it and discuss it. Whatever you want to. While we're here we'll ask, if anybody else wants to speh]{ on behalf of this application, ok. Seeing no hands. MEMBER VILLA: Nobody else has the questions down there. oql ul sa~x.~I uosprmao ~m pu~ 'euo aaurI I :E~XH ~VI~IIM 'auo Xdnaoo no~ ~ou sasnoq ail1 sa~dnooo o~Ia :NV~IVHD · sasnorI o~l ~o ouo qauo aoj smalsXs SlOOGSSao o~u~ oM 'osaq3 ua 'sn uodn paqs no~ ~ma lq~H l~qM :NVI~IVHO · noK oau ~ott 'pooD :~ ~VlqqlM Aq poanpoa~ sloaa~d qloq ua sXa~ans jo Xdoa u a~mI I :NV~}IlVIID · T£6[ al aolad poop oluaeclos Aq potuoaa s~a lo1 qa~o qgno~IlIe ~'0I-L-601-000[ e uoGn pas~q 'epaD ~ultzog aq~ jo 98-00[ ua}laoS '[~ oIoD,xV aapun aaA}uM ~ aoj lsanba~ '~ ~VI~IM - ~6g~ 'oN 'l(lclV 'm'cl 'aXV aoAcj uI IIV :NV~IIIVIID 'gulsoIa ON :ISIS~VMOSI VGNI~ '~ula~aq aql ~u[ssaaaa ~o}lom e a~em ILl '5IO :NV~IVHD 'lr[gl.x IIV :VIOID 'lI~ 'XIquqoa~ BaoI ~1 aq 1.uo~ 1I :I5192VaO5I VGNt~ al~ aa :VIOID ~oos se lno 1[ ~ao~ [hO~ p~m punoa~ 11~ al luu~ noX :NV~IVIID '-- uoql p~e ~urauorI oq% osoio :ISIS~VMOSI VGNI~ · uolsloep OAaOSoa pu~ 'Il ssaooa s,loq :V~Oi~O~ oN : NV~}IIVHD sI~adcIV jo paBolt naa,L PlOrB~xog ~ 966[ '~ XInl? jo ~u,[loalAI auln~o}l s~u!.Z~alt jo ~d.[aostmaj, - 1~[ o~e'(l Page .15 - Transc~,ipt of Hearings Regular Meeting of July 24~ 1996 Southold Town Board of Appeals CIIAIRMAN: I guess we'll start with Mr. Doyen. MEMBER DOYEN: No questions. CHAIRMAN: Mrs. Tortora. MEMBER TORTORA: No, ['11 wait. CHAIRMAN: OK, Mr. Villa. MEMBER VILLA: Well basically, what triggered this is that you were ~rying ko put an addition on the house. MR. WILLIAM BEEBE: Yes, right right. And that's when I found out. The Building Department doesn't even know it. They had a bill all made out for me, and then they went across to the Assessor's. SECRETARY LINDA KOWALSKI: Yes. He had separate pre CO, and separate everything on it. MEMBER VILLA: This additions are on the side of the house, or you said, are olx the front of the house. MR. WILLIAM BEEBE: Well ( ) on the front of the house, yes. MEMBER VILLA: We don't have a sketch that shows that. MEMBER TORTORA: Isn't thai it? Is this it, the proposed additions. SECRETARY LINDA KOWALSKI: The addition is ou~ of our jurisdiction, so we don't ask for it when it's filed. MR. WILLIAM BEEBE: It goes this way. There's a foundation there, I used to have a shop for. I plan on using that same foundation. CIIAIRMAN: Oil, I see. MR. W1LL1AM BEEBE: I moved the shop off years ago. CIIAIRMAN: OK MEMBER VILLA: So how far are you coming out. MR. WILLIAM BEEBE: 34 feet. MEMBER VILLA: So basically, you're going to be doubling the size of that bouse~ or more. MR. WILLIAM BEEBE: On the length of it yes. uoDnlosoa u s~ s[~l aoj~o IhI 'spnmI ou u~ XpoqXuu aaoq~ sI 'aaeql gu[puuls aa~uoX a[}q~ ~5IO :NV~M~VttD spoop ol~a~ffoS 'spaap alfalfas o~1 oa~oq~ :V~O~OJ~ · saK ~aanS :NV~'~I~ItD 'slI[q xul o~1 la~ lids nox :~ ~VI~2IM 'lti~l.x 'ol~a~Gas s~ ~u!~oqs oa,Xoq~ :NV~IVHD '3o[ ol~a~dos s~ ~tqaoqs oa~Xaq~ /u~am noX op amt 'al~a~flas 'samoa 0~ lnoq* 'sox :aEaEE }~VI~2IM '}I~ - ~%unoD Hiojjns oql ql[~ slql aooqa l~uplp I · ~aolaoi 'sa~ ol ~Ia~ 'go 'sox :NV~IlIVHD 5IO ' ( ) :NV~%IIVHD sIUOCldV Jo pa~oit 966[ 'I~g Pe~g'e 17 - Tl,anseripI of Hearings Regular Meeting of July 24~ 1996 Southold Town Board of Appeals 7:47 p.m. Appl. No. 4399 DOUGLAS AND LORRAINE ROSE: l{ecjuest for a Variance based upon the Juno 20, 1996 Building Inspector's Notice of Disapproval under Article lllA, Section 100-31A.3 issued on the request on the I'ollowing grounds: A building permit application has been filed requesting the location of an in ground pool with raised terrace attached by a raised deck along the rear of existing dwelling, to be located partly in the front yard area (facing Pine Neck Road). Location of Property: 95 Kimberly Lane, Southold, NY; Lot #I on the Map of Paradise By the Bay; County Parcel ~1000-70-13-20.1. CItAIRMAN: An application for a raised deck, and a copy of a Suffolk County Tax Map indicating this and surrounding properties in the area. We're ready. MR. DOUGLAS ROSE: ] brought the affidavit for posted ( ), and I brought you five copies of what is a proposed blueprint of the area, iii a larger scale. CHAIRMAN: OK MR. DOUGLAS ROSE: Do you need other copies. CHAIRMAN: No, that's fine unless someone wants to see it. All right. What would you like to tell us abou~ it? M[~. DOUGLAS ROSE: Basically, the house faces the water. It's a bulkheaded piece of property, but it's far enough back that I don't have to worry about any of the frontage. The side is where the ramp, the boat ramp for Pine Neck Road is. The actual frontage is Khnberly, which was a subdivision. CIIAIRMAN: Yes MR. DOUGLAS ROSE: And the only variance we're asking for, is the pool go a Ii[tie furti~er to the side of the house, so it doesn't disr~lpt the view out of the back of the house. In doing so~ we would barfer, which was already a grouping of trees, which is not from there. It was from additional trees, so it would not intensify. CtIAIRMAN: Is that a walking path easement? MR. DOUGLAS ROSE: No. CIIA1RMAN: No. MR. DOUGLAS ROSE: It's just a buffer. MEMBER TORTORA: What's the distance, your yard , 25 feet. · Ar ~noa~ ~snoq ~ql lsn[ u~a noX pu~ 'XO :aSO~ ~V~D~O(I '~I~ ' l~q~ qanlslp · 8a8~ nor 'qO ' '-- su II~ su Xo~Iad u~o ano '1[ osuoaau~ ol ~ulo~ m~1%~q~ jo op!suI :aSO~ SV'ID~O(I 'oN :~SO~ l~nas!p ol guIo~ 11 si .uoDonalsuoo poso~oad s!rI~ :V~qlA 'soA :aSO~ SV~DDOG '~ 'Xlaoctoa~ anoX KiI~o?~q s~q% otD olu[ 'XII~nl~ JI~q ouo puu uoaos a~qlouV :~SO~ S~DDOG '~ , ~ulql~mos ao looJ ~a!J a~qlou~ sp~lx~ ilaodoad ano ssa :~SO~ SVqDflOG '~ uo s! 'Xoaans oql ol ~ulpaooou oouaJ ~ulI poui~qo V :V~2IA sI~aClc[V jo pauo[I tI~xoj, ploqlnos ~ 966I ~175 KInp jo BuBoop4 a~¢lnga}t s~u!,Ip, ot{ jo l(Ilaosnr;aJ, - 81 o~nd Pag~ 19 - Tl~anscript of IIearings Regular Meeting of July 24) I996 Southold Town Board of Appeals MR. DOUGLAS ROSE: This is some of the tall cedar trees, that are there. They would stay and we would increase that as well, Too. And where the pool is suggested. This is the growth that is over to the side, that would [lot be disrupted. This is the part that we're taking down by the deck, which was a wooden deck, and the one deck is off of virgin property. It's about two, maybe 2 and one half feet. The other one is one foot, and all we're going to do is build or suggest building~ a cinder block wall as a retaining wall, and fill in the side, what we're taking out of the pool. There's a two fold process in doing it, is that [ don't have to build a six foot high fence, that looks like a six foot high fence. C HA l [{MAN: Righi Mi{.. DOUGLAS ROSE: And then put plantings around it, and second o~' all, if we have any other slorms like I told you, we never had nnti! I moved out here, it would act as ~ retaining wall. CHAIRMAN: You're talking aboul the 1992 storm. MR. DOUGLAS ROSE: The one after I moved out. The one that encroach the lawn. Everybody told me, it never happened. CIIA1RMAN: It's a tong lawn too. MEMBER TORTORA: On the map that you have. You say it's 96 feet to the wooden bulkhead from the house. MR. DOUGLAS ROSE: Yes MEMBER TORTORA: What is the distance from the outside perimeter of the pool? MR. DOUGLAS ROSE: I didn't scale it, but it's more than 75 feet. MEMBER TORTORA: I think it's ( ). SECRETARY LINDA KOWALSKI; Oh definitely. CttAIRMAN: Just run it ~or us. MI¢. DOUGLAS ROSE: Sure MEMBER TORTOI{A: I think we should have that scale and document ( ),as well as the distance from the new ( ). MI{. I)OUGLAS ROSE: Yes MEMBER VILLA: What are you going to do with the filtered water. Are yon going to put in dry wells? sox : NV~HIVltD 'guTlq~II p~oqaoAo oN 'guDtt~[I Xu~ '~O :NV~IVIID 'IooG pouaGo uV :XSO~ SV~DflOG '~I~ · iooG pauado uu aq ~a~[toj ~*t[1 lnoqu pauacauoa lsn[ ·ol laa[qns 'tlag :NV~IV}ID · uo lag o~ oaojaq · sa~ 'suoDsanb Aue 'uo~oq 'a~ ql~ laels I[,a~ '5IO :NVBI~tIVttD Hood IXU~A '( ) u s!ql sI :NV~IIIVtID puu 'puarI~Inq a~l oluI ~u[o~ si ~u}~lou oS :~SO~ SVqDflOG '~I~ sox :~0~ SVqDDOG 'tI~ 'em osnoxa :~SO~ SleaclcIV jo paeo~[ u~oJ~ ploltlnos ~' 966I '~15 XlnF Jo ~HBoOBI anlnx~o}l Page 2t - Transc~'ipt ef llearings Regular Meeting of July 24, 1996 Soutbold Town Board of Appeals CItAIRMAN: No, he's using the retaining wall as the fence. MEMBER TORTORA: Yes MI{. DOUGLAS ROSE: You requirement is six foot I believe off --- . CIIA1RMAN: No, it should be four. SECi{ETARY LINDA KOWALSKI: No, four foot high. CHAIRMAN: Four fool high, but it depends upon on grade. MR. DOUGLAS ROSE: It has to be four foot high at the lowest l)oiul ? CttAIRMAN: Yes MEMBER VILLA; Four foot above grade, there around the pool MR~ DOUGLAS ROSE: Right. That's not a problem. CHAIRMAN: That's a State requirement. MR. DOUGLAS ROSE: It's basically jus[ toddlers that it keeps out. I mean, those thst want [o go over a four foot fence can do it, CHAIRMAN: Right. Is there anybody in the audience that would like to speak in favor or against this application? [ should point ou~ to anybody in the audience, this is the first night that everybody's come ou~ to the dais. Normally, we let them use the individual mikes, if axiybody has any specific questions about any of the applications, we'd be very happy to recess, and show them the plan and [hen come back. Questions from anybody, for or against ibis application? Seeing no hands Ladies and Gentlemen, based upon the restriction that there be no intense overhead lighting, and no covering of the decking and pool ares, and leaving it unclosed. We're ready for a motion, if anyone would like to do that. MEMBER VILLA: Plus, it be 75 feet from the bnlkhead. CHAIRMAN: Yes, and be a minimum of 75 feet, MEMi{ER VILLA: And the buffering would remain. MEMBER TORTORA: And the buffering. CHAIRMAN: And the buffering. MEMBER TORTORA: And the buffering, one, two, three, four. CHAIRMAN: Do you want them restated Linde? SlUOdcIV jo pauo~t ut~ojj plo'rDnos 966[ 'l'~ ~Inl~ Jo ~BooBI ,xuln~a}I Pi~ge 23 - Transcript of Ilearings Ilegular Meeting of July 25, 1996 Southold Town Board of Appeals 7:56 p.m. Appl. No. 4398 JOHN AND MARY MCFEELY. Request fer variance based upon the June 26, 1996 Building Inspector's Notice of Disapproval under Article 111, Section 100-30B(3), issued on the following grounds: A building permit application has been filed requesting the location of an accessory building with a reduced side yard setback, as 5900 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel ~1000-129-02-9.1. CIIAIRMAN: We have a survey with a pinned in area that we will reques~ the applicant so decipher for us, and we have a copy of the Suffolk CourtW Tax Map indicating this and surrounding properties in the area. Mr. McFeely, how are you tonight Sir? MR.. JOItN MCFEELY: Fine thank you. CttAIRMAN: What can you tell us about this garage area that you wan~ ~o build? MR. JOIlN MCFEELY: The only one that showed any concern over this, is my nexs door neighbor John Rozansky, and after a few discussions with him, he has agreed ~o without any problem on his par~, if I was five feet off the proper~y, off his garage. He has the garage tlaree feet off the properW line. Two properties West. Rosin is virtually on the properly line with a garage, maybe a foot. He has said, his concern was that I would, be mowng too close ~o my house. He has agreed if I go no further than 10 feet, South of his garage, he would agree [o five feet off the properW line. He would have uo 1)roblem with that. MEMBER TORTORA: He said, five feet wes~ of his proper~y line, meaning' yours. MR. JOHN MCFEELY: Five feet wess of his properw line, as long as i projected no more ~han 10 feet South of the corner of his garage, lie would have no problem with it. CHAII~MAN: Right. Let's jus~ talk --. We're talking 60 feet i~pproxiim~tely. Is thai what it is from Peconic Bay Boulevard, or is that going to change it now? MR. JOHN MCFEELY: No Sir. CHAIRMAN: It would be about the same. MI{. JOHN MCFEELY: I thought it was a little more than that. CHAIRMAN: OK, maybe 60 feet plus as you said. MI{. JO}IN MCFEELY: [ think it's quite a bit more than 60 feet. sI~Odctv jo pauolt uz~o,B pIoqlnoS 966[ '~:[Tg z~ln!P jo Du,tlOOBl aP, ln~O}[ s-~!.-moH jo l(l!ao.qtm, LL - ~,~ osqud ['~ge 25 - Transcript of Hearings Regular Meeting of July 24~ 1996 Southold Town Board of Appeals MEMBER TORTORA: Do you plan on using this for living in? MR. JOHN MCFEELY: No CtlAll{MAN: And this is 20 by 30. Is thai correct? Where is the spplication? MI{. JOHN MCFEELY: I don't know. I didn't find it. CI1AIRMAN: Yes, it's in the building permit. You have 25 by 30. Mi{. JOHN MCFEELY: That's about right~ yes. Two car plus a shop, plus an entrance ~o walk in to go up to the loft above. It's about 24 foot deep. CHAIRMAN: OK. we'll start with Mr. Villa. Again we're back ~o the five feet. MEMBER VILLA: It's five feet off the property line. CtlAIRMAN: Yes MEMBER VILLA: You didn't look at any other locations on the property. I mean, [ was down there and I saw the whole lots open m the front there. It would almost appear, that this was going to interfere with your driveway You're going to have to revamp the whole driveway. MR.. JOI{i~- MCFEELY: I'll have to move the driveway a little bit, but the beauty of the lot, seeing as the lot West of it, which I also own, the garage is all the way back on the property line. I have this back on the property. It leaves a beautiful two acre wooded are~, rather than having a garage sitting in the middle of it. CIIAIRMAN: We are again back to that situation~ that we asked Mr. ( ) and that is. With the back of the garage, are you going to be able ~o work on the back of the garage, five feet from the proper~y line? Mi{. JOHN MCFEELY: I would think easily. CHAII~MAN: [ mean, it's a cape style. You are going ~o have to put a gutter on the back, so you don't flood your neighbors our. MI{. JOHN MCFEELY: Right CItAIRMAN: On the back, you know, of the overall overhang itself ( ) l~'ecause that's probably the way tile roof line is golng to run. It's going to run --. MR. JOHN MCFEELY: It's going --. I wish I knew, lets see. OII]. tllO~I.,I ~_OO..I 0]' ]40AP&[ ]sn.[ nofi. ]qu~o /i2Ll/V!, 'lllOO,I ~AI~It Ol3 osn~ooq 'guIpu~saopun om.~ p4~q ~ gu!a~q m~I :VMO~L~OJ. lt~IIAIglAi · soK 'paa!nboa s! au!I ~p.m arll moa~ laoj O[ :ISI~IVA~OM V(INIq 'pa~ luoag sql u! s,lI asnuo~q soX :NVIAIIlIVItD 'laag 0I 'sax :ISISqVMOSI V(INIq oM : NVBI}IIVIID ~,loaaaoo lmll st '0I s! Ma~q~es poalnloaa ail,h :VklOJDIOJ, '0~ iq §~ :NVBIlllVIID · seq pcmoq suaoouoa aq, Jo auo sI luq~ 'Xlaodoad u~o anoK uo '~ulpllnq uao &~u!m~s m~I l~g~ p~msaapun noX 's~ t[ ]ml~ ~lmD ~IlaM :NVI~IIVtlD · --- suaaouoo anoi pu~ 'ou!I ~laadoa4 oql ol oIqlssocI OSOla se 1~ ea~q O1 aajoad I 'ai~g spunos lmi& :~gO~ NIlOP · looJ xls 1~ o~ pino~ o~ ~tmqaoAo looJ ouo posod~ns s~ '~uuqaaAo oql moaj looJ oa!J ius a~ plnoo :NV~}HVIID aapp~I looj 8[ %ooj 5[ u aoj ~u}ql I 'i~I~Dt :Xq~dOI~ NHOP 'sex ~Xlquqoad au~ joog JO lsag puc lse~ una II!~ 1I :NV~}I1VItO 'i~a l~ql eq Ilia 1! 'ON 'ica aoqlo arb oaom 'oN :NV~IliVIID 'A~ s~ql oq o~ ~u!o~ s,lI :X2~O~ NIIOP '~1~ a~lnb ~oauoaojj~p ~u~ oMem 1,usoop ~[q~qoad ~I :NV~MIVItD sIUOffcIV jo pauol~ uao~L ploqlno,q 966I 'kg ~lnC jo Mu!laolAI al¢tn~al[ S,~xLMp, olI jo ldl.xosm;.]J~ - 9~, o~ud l'~ge 27 - Transcript of t{earings Regular Meeting of July 24; 1996 Sonthold Town Board of Appeals MR. JOHN MCFEELY: Well, the property is about 90 feet wide, and I'd have to move my driveway over that much further. The rest of the garage is ---. My neighbor Rozansky and my neighbor( ) are three feet and one foot. They were done many years ago. MEMBER TORTORA: I didn't mean. Maybe I missed something. I didn't feel that you would have ~o move the garage. I mean, move the driveway, in order ~o jusl come hack 10 feet. Your saying, you would? MR. JOHN MCFEELY: I'll have to move it somewhat anyway. As it come down now, it would cu~ into it. I could bring it in, the way it ~s, but I'll have to do a little work on it, and bring it around. MEMBER VILLA: Which way --. MEMI)ER TORTORA: Five feet or ten leer, you mean. (~'}IAtRMAN: What's that Bob? MEMBER VILLA: Well, where are the doors going [o ~ace? MR. JOIIN MCFEELY: Ten feet that way and five feet. MEMBER VILLA: I wan~ re find out. SECRETAI{Y LINDA KOWALSKI: We will need to know. MI,;MBER VILLA: Which way are the doors going re face? Mit.. JOIIN MCFEELY: The doors will be facing West, coming down the driveway they'll be a right angle into the garage. C}tAIRMAN: Left angle. MEMBER VILLA: So you won't see a ---. MI/.. JOI1N MCFEELY: A left rum on a right angle. You will not see the doors fro[n the street. MEMBER VILLA: From the road. You're going to have to put your driveway almost on the other side of the lot, because your driveway righI now is only in like 10 feet from the East side of the lot. MR. JOItN MCFEELY: No, it's iu, I'd say it's in ar least 20, 22, 23 feet. MEMBER VILLA: To ~he Wes~ side of it. MR. JOHN MCFEELY: Even ~o the East side of it. I have a big rock g~rden. I have [tees there. I have plants. s[eedclV jo 966[ '!~ AlU£ jo Pc, ge 29 - Tr.anscril)t of Hearings Regular' Meeting of July 24, 1996 Southold Town Beard of Appeals SECRETARY LINDA KOWALSKI: Ne CHAIRMAN: I'm sorry, we'll close the hearing and recess it for abou[ --. We'll be here about another 45 minutes. MR. JOHN MCFEELY: hmudible SECRETARY LINDA KOWALSKI: He's going to close it, and he's going to deliberate it later. We're no~ recessing. MR. JOHN MCFEELY: Thank you CtlAIRMAN: Your welcome. I offer that as a Resolutions Ladies and Gentlemen. MEMBER VILLA: In favor. CIIAIRMAN: All in favor, aye, · maql a>Ivl l[,I :DI~E[V/vlON V(INI~i X}IYJ~TI~ID~S 'Ka~laaoag oql oh tuaql ~AI~ u~o no~ :V~O&IlO& '--- LuoP I 'AaasanN ~OliOH jiuit puu Xu~ aa~ I 'OSlU XaosanN ~OllOtl JlUH PuV :ISI~NIAXD }I~J~gd ~oql l~ql ~[aaaa otB o~ lsn[ I ~ON :I}ISNIA~D }I~&~d ' -m osnax3 :I31SNIA~D lI~d',~d '}l~ ~mo~l ~no~j saallaI Xu~ aA~q noX o(l :V}IO~}IOJ, pu~ '3~ ~u[~ooI oa~no~ lind 'd~m oql tI3[~ ~uoI~ sooBou ~saoqq~!ou oql al tm~ods aa~I '>tauq oql u! moo.x ti~nona l~usoop 1! aaoq~ ~pooqaoqq~lou oql al smaojuoo ~a~qlas pa~X loeJ 0~ oql 'paeK 0P oq,L 'slo~qles pa~X aeaa 'pae~ 0~ puc '51oeqles p.x~K %uoag pa~ 0~ e sI oaoql puu 'osnoq Am o~}I PIno~ I ua ass rrna noX s~ ~sj[ pu~ loI slq] lq~noq I :DISNIA~D · -- ~q~ sn IIal o1%u~ noX aG ~noK aau z~oq '50 :NV~%IIVHD }~suI~oD aolo4 :I3ISNIA~D ~aS~ oa~ noK p~ noK au~ql '3IO :NVIa'IIIVItD al o~II plno~ asia euoA~m J! so,tiaa o~mI I :DISNIAXD ~,L~4 otB u} so[lao~oad ~ulp~noaans pu~ sBi1 ~uDealpuI Ge~ x~& ~l~lnoD ~IOJJng oql ~o Xdoo ~ oamI I 'looj 0~ lu asnoq ati1 s~ o~a~ oq& 'o~ poso4oa~ oqt puu osnotl posodoad ql!~ 'osnoq otI1 ~D~o!pu[ ~o~ans ~ jo ~Goo ~ OAeq I :NVI~IVItD 'l-~-Sgr-000l~ IOOa~41 ~lunoD i~N 'lOaneq 'oAlaq XPUOM ~0~ su u~ou~ loI oz[s paupu~lsqns e uo ~u!Iio~p ~ou u Jo uoD~aoI ~a~qlas pauX a~oa oanpoa oql guDsonboa poI!J uooq su~ uoll~allG~U l~aod gu[Pllnq V :spunoa~ ~ul~OliOJ otb uo uoDooS 'AIXX aloDag aapun luamlaedoq gu!pl[n~ otI:~ iq ponss5 I~AOadduslG JO ool%oN 966[ '9g oun~ oq% uo~n pos~q OOUU[aUA 4oJ lsanbo~ :I~9NIAaD VSI~ pu~ ~&~d 96¢~ 'oN 'Idclv 'm'd 1,0:8 SlUOClCt¥ jo pauo~[ u~o& PlOtllnog 966~ 'l~g ilnl~ jo ~u.rlaalhI s~ulaUOlt JO ld!aa,mm.tj, - 0P, l'ag~ 31 - Transcript of Hearings Regular Meeting of JuLy 24, 1996 Southold Town Board of Appeals CfIAIRMAN: OK. We'll start with Mr. Villa. MEMBER VILLA: I don't have any questions. It's pretty clear. CtlAIRMAN: OK, we'll then go to Mr. Doyen. MEMBER DOYEN: No CttAIRMAN: Mrs. Tortora MEMBER TORTORA: No CIIAiRMAN: OK. Do you have any questions. Well, we'll ask. Does anybody in the audience like To speak either for or against, on Appeal #4396. Seeing no hands, ok. Does anybody Like To offer a motion? MEMBER DOYEN: I will. CH~AIRMAN: Second, all in favor Aye. SECRETARY LINDA KOWALSKi: What is the motion? CHAIRMAN: To approve as applied for. Isn't that correct, Mr. Doyen? MEMBER DOYEN: Correct. CIIAIRMAN: Have a lovely evening Sir. .... tIearings continued on page 33 .... 11 'IaOa~cI padmts a.tcI ~ 90I 'ssau.tsn~I pal.~mVI pauoz s.t ~aou i3aadoad a~t& '~.~t~.~a s~lmI1 '03 Mmp~ aa :bSg a~OO~I VtDDKBVd '(Kt~u~o~) K~Ku~ o3 l~mp~ aO-~ :NVI~IIVHD · X~s o~ ~auo ~Iquqoad IhnOX u~q~ ao~uoI cacti uo~q oA.tt naa jo amos '~ou~ naa asn~oaq o3 pp~ Aiq~qoad plnoo nog 'asaq3 jo amos 'Iaoa~d jo amos osnuooq 'ou~[ Xaomam anoX jo anal Olll!l ~ noK aA~ O~ ~I '~1~ jjo l~ls al 1ShE 'pua aql 1~ II~ 1~ ap lhI -paooaa o~I1 aoJ no~ o3 ~3 luasoa~ tI!~ I ~°N :~S~ ~I00~ VID1}I~I, Vd ' ' ' Xoalaa~ ' SOla 'naa a~ odog I 'saoq~[~au ~ maq~ aa~q o~ XddmI m,I 'ssau[snq ~a~t~b :sX~s 1I 'paoooa mi1 alu! p~oa o~ oa~I plno~ I pu~ 'IIO~ s~ ~u!uaaa slql oao~ s~ lsola,~a~ 'a~ '~ooaa-V-lUa~I Jo aol~aoffo 'aau~o aql s~ oq~ ozzouD -a~ ~uiluosoadoa tnH ptm '~u~uaaa s!~l aaOtl eq al pos~old iaaa m,I :~S~ aSO0~ VIDIH/LVd 'oanSOlOSlp aoj ~O :I5IS~V~O5[ VGNI2 'spaoooa anoX aoj luomom u aoj upu[~ rI]!~ guldoo~DlOOq amos ap 3an[ om lo~ 'noX ~u~i1 aul~ '~S~ ~llOO~ VIDDLLVd illin[ual no/ oa~ ami 'aaoo¢I jo sooaiG amos OAmI I 'g86[ 'gg Xa~nu~ palup si qolq~ ''D'a'IAuJ, UUA ~a!aopo~ moaj Aa~ans IUU~lao uu jo ~doa u oAm[ I :NV~'~ilVtlD u! ash poll[mao~ u lou u! ash i~luoa oIlqomolnV :spunoa~ ~u[~OllOJ a~l ua panssI ~VIS-OOI ~o[looS ~IlIA aIoBaV aopun · (luuuoa su) &galxaao GIAV~ - [0~ 'ON 'I~V 'm'd 80:8 966~ '~g X2~g G2XH DNI~V~H si~,aGdV jo pa~o~[ ua~od, ploqlnoS 966I 'fG tlnF jo ~ulloa[,~Iap, IU~a~I J~ag,~ 33 - Traescript of tIearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals has preexisting residences on both sides, and the parcel itself has, the building where Rent-a-Wreck is currently renting that is partly residence, and partly commercial. And then to the West, on the same properW is a eemen~ block building. The property has a CO and it was dated, or it is dated June 1, 1979. It's described as a business building "service station," and accessory structure "repair shop". So we have presently a pre-CO. Now, the trip through memory lane. In 1960s I understand that a Harry Bubb owned and operated a gas station there, and that's when the pumps were in the front under the canopy, or by the canopy there. Then, it's a mystery because I couldn't get anyone ~o tell me anytlfing mere. But in May of '78, a Mr. Cataldo family sold it to, I guess within the same family or another Cataldo, and there was in the Building Department's records a housing code inspection that said that the dwelling that had the service station with a portico over the gas pumps, it was Sound Precision, which I seem to recall in my History period, it was an auto repair place, and it was in a cement building on a slab. The house was in terrible disrepair, and [t had numerous violations on the sanitary code and the building code. It was nor in good shape. Then the proper~y iix '79 was sold ~o a Moritz. The cemen~ building, based on the Assessor's records, there is a picture of the cement building, and it shows the Lawn Mower Repair Sales and Serwce was being done on that property. Then in '81, Sonny Brown made an appeal (sic) (special exception) to your board, and you have a decision in your file that he requested an auto repair business with certain conditions that were imposed by the Zoning Board at that lime. In '83, tile Gnozzo family Gnozzo they asked to reinstate the residence and again, that was with certain conditions on it. That appeal was made ~o the Zoning Board, so you have that in your record. While the easterly structure was used as a residence, and maybe ~o a certain3 ex~en~ commercial, there was a continued use of the ce~nen~ building as a co~nmercia] property. Do you have questions because ] know that you-? MEMBER TORTORA: I don't have a copy of the Zoning Board '83 decision. PATRICIA MOORE ESQ.: Oh that's right, ok. Linde I know has that in there, but I have a copy as well. MEMBER TORTORA: Yes. PATRICIA MOORE ESQ: Then in 1988, Mattituck glass window, they do glass works obviously, windows, repairs and automobile glass was sold, serviced and installed at this location. ~oolq luamov o~3 u[ auop sI ~ 'sauo jo a~aolg ":NVI~BIVIID a~oaaa-V-lUaH n! oq~ si aH :MVI~IIVHD ~ou osnoq mil u[ ~U[AI[ oSOtlg :NV~tVtlD II ~nG IhI pu~ ~om aoj ~u[~o~slm s~ lmI,L :~S~ ~OO~ VIDItI,LVd · Xaaos ultI :~8~ ~'~OO~ VIDI}LLVd ~sao~uoGs O~ll jo soumu aq} OA~ ol poou I pzoooa oq~ ao~ :I3IB~VgO~I VG~I~ 'gulpi!nq om~s t~lt& :~Sa 7~00~ VlOI~,bVd '~ou oa~lll jo 'osnoq sql s,l[ ~u~r[$ I '[lOM :~S~ ~OOI~ VIDI~J, Vd ilud 'osnoq aql ao aolJJO atI& -oaoql luomd!nbo a!aql jo o3~aols nl ~iqlssoG pu~ 'aaluaa pu~mmoo ptm oo~jjo alaql aoj Xlaodoad atll posh oq~ sol~[aossg p[o[JaOlsa~ID puu '~661 ol p~a~Ie qsnG o~ uarI& s~uMUalt jo ld[.IosuP. LL - Pt, l'uge :lb - Transer.ipl of llearings l{egulsr Meeting et' July 24, 1996 Soutbold Town Board of Appeals CIlA1RMAN: Is oil being changed on the car's. MR. JOSEPH WILLSY: No, [ do all thai work - I have a big shop in Middle Island, Corem. CitA [RMAN: I see. PATR1CIA MOORE ESQ; Yes. I'll get into all of that. MR. JOSEPH WILLSEY: I do no service. CHAIRMAN: I just had to figure this thing out. Just so you understand. PATRICIA MOORE ESQ: That's all right. If it will help it along the way. MI{. JOSEPH WILLSEY: I have ~wo buildings in Corem and Middle Island, where I use all my - . CIiAIRMAN: So you ]us~ bring the ear. s ou~ here. PATRICIA MOORE ES(~: 1'11 ge~ into wha~ they specifically do, ok. CIIAIRMAN: OK. PATR1CIA MOORE ESQ: Now ge[lng ~o my legal argument, which you knew at one point or another, I was going to bring in. Under Article 24 on the nonconforming use section, it says, that a non-conforming use regardless of the change of title, possession or occupancy, has the right thereof, may be continued indefinitely and then cease as, but shall not be changed ~o another nonconforming use without approval of the ZBA, and then only ~o a use which in the opinion of the board is of the same or more restricted nature. That's one argumen[ in favor that, I think you could use in favor of granting this application. This property as I pointed out, the history has been COlmIlel, clat USES. It's been automobile related uses, ear service statiou, gasoline, car repairs, the automobile glass repairs. It's been retail sales. Automobile items were sold. Lawn mowers were sold, serviced. Mirror and glass were sold. So, we've got now two uses that have been continuing at various times throughout it's history As to Rent-A-Wreck, what do they do? They rent cars, they don't lease them, because he explained re me, honestly, I didn't realize that--there is a big difference, but renting versus leasing. Leasing is for long term. Renting is for short term. Anything tlllde[~ t~ month. pu~ pu~I~~ o[pp~ ol papau~oj ou s,oaa~% uoq~ 'osnuoaq puulSI alPpl~ ao laoduaaaD g~qli~o su~ 1 puu %a~ls aR* ssoao~ OIq 's~ql ~u[zHuns~ su~ I mau~I I 'O1~I si laaals sql ssoaau 'aaqma~aa I ~ou IIa~ 'u~op s~ ~ulq~u~ ~u~l l~op I ~omB O~ lnoqu uT XIq~qo,xG pa~u~qo loI solus a~o posh ~ el~aa4o ao 'sa~o asorB Has ol puoluI l~usaop aH 'soI~S ollqomoln~ ou aq [ll~ eaoql pu~ 'o~u emil ~uoI u paAomea uooq aAu~ sdmnd s~ arl~ 'euliosu~ jo solus ou ea~ eaatLL · X~ lq~[a ~lTunmmoo aql oluT lno ou 'l~[o ol xTs X[al~m[xoaG~ oaV '~q~ op o~ pualul uT lno poao~s saloT~a~ po~mup ao 'polluumsTp oaatll aaV 'uoBTpuoo lmB Xuu op noA op 'ila~ 'plus I puu Xosi[[~ 'atg qlT~ 4aao luo~ I ' '[ddu s~u~oa~ Xuuos uT oas noX 'uoll~aoI sTql l~ ~u[olAaos 3noq~ uaaouoo ou si oaoq3 'os 'oaot[l asn~oeq 'pu~lsI elpp[l~ o3 po~anlo,x pu~ 'Kl!unmmoo a~l u[ pelnqlalslp oa~ sa~o 0~3 UeXla ueql puu '~no sa~o olD s~tlTaq ~ti~ SaOA[ap snoaomnu SFT sguraq o~ *aeq~ puulsI olppi sa~o oq~ 'al[s sltl~ moag sa~o Xtra jo sol~s ou 'sal~doa ou soop oa~AoN1 'pasuooII oa~ sa~o asoq& '510 'sox :~S~ ~00~ vlmI}liLVd s[uaclcIV Jo pauo~[ Iz~%.L ploqlnoS 966I 'l?g ~:[nl? Jo ~11!lOODl aU, ln~O}l s~u[a~olt jo 3d.Mosuua/1, - 9~; a~P'd l~uge 37 - Transcript of Ilearings Regulur Meeting of July 24, 1996 Soul. bold Town Board of Appeals office, or here. He says ok, so and so wants a car, and he distributes the ears out. So there's really no, urn, it's mostly a business office. Which is my second legal argument is thai, ii is a permitted use under the zoning district. The business office is a permitted use. That's What he has. The retail sales is an accessory supplemental use, that's permitted in the zoning district. I believe from previous interpretations that you have with Taylor Rental. You said in the past, hey, rent or buy. In retail you can buy, you can rent - because it's just a form of ownership, and as long as it's not the predominate use there, and it is supplemental, the office is the prnnary use, and then the rental is his inventory, he fulfills that need. Now we can talk about whai kind of people are asking for these Rent-a-Wrecks. Now, if these were Mercedes-Benz or Porches, well maybe they wouldn't rent wrecks. They'd be renting fancy cars and they would be alot more. But he had the used cars. He has 90 (:ars in his fleet at Middle Island. He owns or leases his own repair shop in Middle Island, and then he has a flatbed truck which he owns which ~ransports all these vehicles That's why I'm sure that he is not going to operate any repairs at that site, because he's already paying for it and has his who i~frastructure set up in Middle lsland, and this Southold office m a satellite office. He fulfills a need in this community because his rentals are daily rentals for boaters. When the boaters come in and they want ~o get around and tour the North Fork, this is the best way to do it, is the rental of a car for a day, or a week, or however long our visitors are here. Sometimes he gets visitors that want to visit Tanger Mall or Splish Splash, and they go off and do that. He has one that certain people in the community have rented. One person that I got lhis story from your office manager, her husband had to go ¢o Sloan Kettering and they wanted ~o get a larger vehicle to give him a comfortable ride, because it was a long ride from here to the medical facility. So, there are people here in Town that need .that service as well. There is apparently, advertising his service here. There is free pick up at the for the customers at the Ferry or lhe Bus or the Train, or their personal homes. So, you don't really have a lot of parking needs there, because mos! people, if they need it, obviously they have a car, they wouldn't need it. They wouldn't need to ren~ one. So it's typically, they would have to go and rent the car to the person wherever they are, that the car, that the person is waiting for. As~far as employees. There are ten (10) permanen~ employees with no more than one or two employees on the East End. lie has 10 permanen~ in his Middle Island office, with one or two maximum her'e, and it's usually you or your office manager, right. '~u!inq p~ ~!s~eI ~aa~,~ naa -i~,xado4cI aql inq m P~aeJ$o no~ ae~o~ aa ~ufad ouo 1~ sso~ I ~oqt ptm 'oaaq~ u~a naa pu~ ~a~ls IhI IioM 'l~ela~oq 'a~ :~S~ ~OO}~ VIDDLLV~ LpOAIOAU[ ~soladaG 'a~ SI ~Olt :NV~HIVttD · maql aa~suu o] X(Id~q oq al ~uSmaoJuoouou ~ al ~UBaOAUOO '~ulmaojuoouou sBI jo [~luaa sBI s~l~ttl [~uolssajoad etD ~ssoulsnq OTB Kq pol~l~ao~ s} asa sF[ '~TI1 opoo mil ~ulp~aa nI ~uBtl I '1! ~oIt~ aa 11 ssaapp~ leu pInoa 'eau lii~la apoa plnoa ash sl~l ~llq allllI ~ ~a!~a~alaa~q os :~Sa ~OO~ VIaI}I&V~ '~IO :NV~'alVH3 'aaolu ~Ioo[ aa-etd etd e~m al 'ssau~snq pue ~fjouoq u~o s!q ao~ o~ pua~u~ soap aH eql ~u[~m u~ ~euom 3o lo[ ~ lsoAu[ o1 ~U!llg~un s~ e~I 'elq~quoFisanb · aoolu aaa[ ~laodoad oH1 ~ul~um si '~ulop ua ~o~q pIeq emI ptm,op 3mI1 tI3!~ ap u~a no~ elll!i iaaA s~eaeql 3n~ 'ssoooact u~ld ails ~ q~n0a~l o~ mBI esimu KerB aa ~aaoql sD~q~ maql ~oqs ptm paeo~ ~uBm~14 otB al ~o~q o~ pInoa I '/~s noi lmt~ ua ~q[pt/ocIep 'ufe~u OAeq I :~S~ a~O0~ VIOI}IJ~Vd ~ulo~ si paeoH ~uluueld e~l p~s noi puV 'VIg~O al xls :NV~}IIVttD 'l~gle al xls :~S~ a~OO~ VIDIII,LVd 'oas al loodxa o~ plnoa sa~o noK ~ou~ I ~IooGxo a~ plnoo 'l~d 'sa~a Ku~m ~oH :NV~IIVItO eql aOallop pu~ pu~tsI olppl~ moa~ ~u~puo4ep pue 'Ifa uo KII~O[~KI aa~ l~tB saea~ap s~q aq 'SaeA!ap eqfl, Sl,~eddV jo pa~o~I uae,L ploqlno$ 966I '~7,, ilnP jo .'guDeaFq aUln~a}l Page 39 - Transcrip/ of llearings Regular Meeting of July 24, 1996 Southold Town Boapd of Appeals DAVID DEFRIEST: Right, I was. PATRICIA MOORE ESQ: Ok, come on and answer. You know you can. (Mr. DeFriest came up to the tnicrophone) DAVID DEFRIEST: [n 1991 I had rented the facility, in 1991 or 1990 I was renting from Joseph Gnozzo, the big block building, and [ was going to try to do a used ear business, the same th~ng Mr. Goodale ia doing itl Mattituck. I ran into the same obstacle he did. But I didn't pursue it, so I got out of there at that time, and then I've always kept in touch with Mr. Gnozzo and now I've entered into a lease agreement with an option to buy the facility, the five acres. So for me, it's to my advantage. The reason I want to get this is, is because for my investment I'm going to have there,a this is the best situation re rent it out as a business, as opposed re a residence. So right now, [ lease it with an option to buy, and I have two years to exorcise tl~at option. CHAIRMAN: $o you're very simply, leasing it to him. MR. DAVID DEFRIEST: Well yes, he's my tenant. Right. PATRICIA MOORE ESQ: A subtenanl, sublease. SECRETARY LINDA KOWALSKI: I just wanted to ask. Is he using ih¢; property at all under the lease, separately from the subtenant? Mit. DEFRIEST: Me? SEC RI']TARY: Yes. PATRICIA MOORE ESQ: Are you using it? MR. DAVID DEFRIEST: No, I'm not. I have another tenant in the block building. That's what I started to say earlier, then I didn't say anylllOre. I have a tenant there who is storing cars. Joe 1s no~ storing cars there. CHAIRMAN: Right. SECRETARY L1NDA KOWALSKI: OK CtlAIRMAN: He's not utilizing thai building at all. MR. DAVID DEFRIEST: No. And then there's the little block buihling in the back, thai kind of mine. At this point I haven't done anything with it. All I've done m clean it out, and it's going to be painted, and you know, put a new roof on it. I did that already. · lnoaj aql u! la~clm.t arB az.tm.tu.~m lsn.[ plnoa noK s~ I '321aorioari jo aaaFI ~.tq ~ o~x~tI noX osn~aa[I :V~lq[IA }l~llll,,q[BI '×Is paau 1,uop I 'ON ':7xilSq[q[IM 'aIlI /,~Ids.tp aoJ sa~a x!s paan nog: IaaJ no~ ap 'n~am I :Vq[rlIA }t~ilBI~lAl · u.t sa~o atll cto,xp I j.r ~am.B a~I1 II~ lan 'am.ti at[l il~ sa~a xls X~[Gs,tp I -2iulds.t(I 'KUlds!P s! ouo :~S~ attOOt3I VIDDt&Vd 'ap u~. ssaI ln¢~a naa JI '~I.XUcI al aaotI~ aa ~Ia~ct at lan aaa~I~ alClOad Ilal 1,naa noX >IauCI al ul amoa alc[oacI narI~ 'tiaa :XtlS2q[IM 'aBI 'lnq ~to~a~s ~ no ~ap[s oql ua o~1 amt~:I noi aou~l I g~u~pllnq oql Jo oql mu[ 1~1 lng plnoo o~ 3~ql os 'l~tll jo i1~ aa ~ao~ a[~daa alquaaa~ aq plno~ sluollo anoK p~us noK 'XIInalsu~ :V~UIA · os CaansoloaaoJ HI aq aql m asno~ arI& 'aoAul u[ s[ oq~ 'lseX sql al asnor[ aql Jo aau~o ~oo~soa tIl[~ '3u[puelsaopun X~ al OSlU s~lI :~S~ ~}IOO~ VIDIII,LVd 'sox 'sauuql %[0 :NV~5IIIVIID 'a~poI~OU~ Xm al lan ¢pal~aaGo gu?q ssau[snq on %IO :NVI~g}IIVIID s~ onb!ltm amos p~q o~ p~ ~opaoaoi~ aoplo u P~R I 'sauo aaplo amos ~sa~a a~Ingo~ :~S~DIA~G GIAVG '}1~ oa~ aa poaoxs ~uloq ea~ lmI1 sa~o onblln~ aseql aaV SlUOririV jo pauoil uao~L ploqlno,q ~-' 966[ '1~i5 AInF jo .~n!laola! a?4nYia}l l'age 41 - 'Pranscrip~ of fleal'|ngs l{egular Meeting of July 24, 1996 Southold Town Board of Appeals Mr. WII,LSBY: [ do nor lease the whole property. I only lease part o[ it. SECRETARY LINDA KOWALSKI: What part of il do you lease? Mr. DEFRIEST: Just an area that surrounds the building. Basically where you have that picture that you mentioned, where it shows employees' parking behind the building. MEMBER VILLA: Right. Mr. DEFRIEST; He leases that little space back there, and the entire building in the front. CllAIRMAN: You're refereeing [o the house, as the entire building. Mr. DEFRIEST: Yes CIIAiRMAN: Right MEMBEI{ VILLA: Aud some dividing line between that and the concrete building. Mr. I)EFI{IEST: Right MEMBEI( VILLA: Because it's showing -- CIlAIIiMAN: That's a common driveway. Mr, DEFRIEST: Ob, yes. The concrete building, the big one. I was thinking about the little one here. But, lhe little concrete building in the back, he leases from basically the building ~o the right of that, and the whole entire building where his office is. MEMBER VILLA: Because it shows ~wo rental cars to the side of that bailding, which would be the West side, Mr. DEFRIEST: Yes MEMBER VILLA: I was just wondering if you couldn't just line them up in there, rather then in the front. Mr. DEFRIEST: It would be hard because that's a common driveway for the other man. MEMBER VILLA: Ok. SECRETARY--LINDA KOWALSKI: Where is the common driveway? CHAIRMAN: Between the two buildings. Xp~oaI~ oAuq plno~ ~[quqoad ~o~tl ash s~ql Jo l~tgnotIi purt OldOOd ae~lo Jl 'osneoeq uoll~a~ se~ epoo o~i1 uaq~. 'jo ~noql 4OAO s~ 1~ eons lo~ m~I 'ao 'SOlO[qoa jo oseoI puc eleS o~B s,l[ '~em I ~umI1 ~-. ~uIqlXue puIJ plnoo I soul4 XlUO sql s,lml& '~uiuoz ss~n[snq si oaottl 'Xlluoa osnuooq 'so~ lmUOa oql aod :bS~ ~11OO~ VIDIII,LVd mi1 aapun pulj ol BulXa~ m,i -- pelllmaed u su ooljjo ssa~Hsnq e e~lI 'eo[JJO etIIIeles e XlIaem[ad s~l~ 'lle~ :~S~ ~OOIg VIDI~&Vd o~noX '~u~p~oa m,I ~poo oql Jo la~G s~ sIlI& 'd[qsaoI~Op a2o 'oldmIs si oamI ~uIauq m,I molqoa4 oql 'sox :V~O&}IOJ~ gu.xolao& 'sa~ :NV~HIVItD 'sluo~moD ON :N~AO(I guoXoG 'a~ 'MO :NV~IIIVIID *lno puc uI ~uio~ moaj uosaoG o~II dols l~ueo no~ puV :NVI~}tIVIIO ~s~ulpI!nq o~l oql uoe~loq 'ie~eAlap tmu~moO :NV~IlIVIK) ~sMulpllnq o~1 aq¢ uoo~lo~ :IMS2VMOX V~NI~ sluacldV jo pauo~ rlt~O.L plOlDno.q 966I CPU ~ln? jo ~u!laOl~ .a;ln~a}I S.~U!aUO}I jo l~I!4osHp.,~j, - ~,I~ a~!!d t'agt~ 43 - Transeript of Iiearings Regular Meeting of July 24, 1996 Sonthold Town Board of Appeals where, you have an inventory of things. It could be lawn mowers, it could be soups, It could be anything, and you rent it, rather than sell it. MEMBElt TORTORA: I'm not questioning that, I'm just questioning, wl~eihe~, we should be looking at the criteria for a use variance, and whether your client has looked at any el' the other permitted options in that district. That was one of the things I wanted to know, and the other thing I wanted to know is: You mentioned that this used ~o be a B district. Do you know if that was changed in 19897 PATRICIA MOORE ESQ: It was done in 1989. MEMBER TORTORA: So after 1989, it has not been used for. anything but office, Chesterfield Associates I believe? PATRICIA MOORE ESQ: No, it was a lawn mower was it. MEMBER TORTORA: That was prier to --. PATi~ICIA MOORE ESQ: It was Lawn mower and Sales. MEMBER TORTOt~A: That was 1979 according to what you said. PATRICIA MOORE ESQ: Now wait a second. Let me see, Oh, thereabouts, in 1988 is what I had as Mattituek Glass & Window, and Auto Glass sold. Based on the photograph that's in the Assessor's OiTice that has a date on it. Bu~, whether it was continuing after that date, is in that range. It's in that period of time. MEMBER TORTORA: What I'm trying to get at is. After the zone was chauged there, has it at any time been used for anything other than a business office without a Special Exception permit from the Zoning Board of Appeals. PATR1CIA MOORE ESQ: Other than a business office, you said? MEMBER TORTORA: Other than this Chesterfield Assoeiates. PATRICIA MOORE ESQ: Yes. Mattituek Glass, Window & Glass, sold, serviced, and installed. MEMBER TORTORA: And how long did they uso that, until '88 or al'le~? PATRICIA MOORE ES(~: No, I'm.just saying that '88 is whe~ I have rel'erenee that they were there. CItAIRMAN: Were they there in '91, when you starting leasing? '}q~.DI :~38.5[ g}IoOlht VIDDLLVd o3 lsoG ueoq ~aml plnoa5 ~[ os 'lti,~[tt :~Sa aSOO~ VIDIS~LVd etd s~ mi asnuoaq 'ozzouD aop moaj 1~ psluaa sal~[oossV ' jo lno lo~ I uaq~ aoAo ~ool Isa[ tn~ sit I os '1! ansand o~ al l~m~ t~uplp I 'l~ eql pu~ ~sse~[snq sel~s oln~ u~ ap al pa[al I '886[ '°H :~ a)IO0~ VIDDIJ,Vd ' IGor punaa~ sleeclcIV jo pauo~[ ulaoj, plotDnos Page 45 - Transcript of Hearings Regular Meeting of Auly 24, 1996 Southold Town Board of Appeals CHAIRMAN: That's the reason why t jumped in, in the middle of this. MEMBER TORTORA: That's what I was trying to do~ trying to get the time frame in there, of whether it was discontinued and so on. CflAiRMAN: I think we're trying to figure out is, if ihe nouconforming use was continued or riel PATRICIA MOORE ESQ: Right SECRETARY LiNDA KOWALSKI: Mattituck Auto & Glass was a business africa, with [elephone sales, right? CHAIRMAN: And repair. PATRICIA MOORE ESQ: And repair, and retail, Apparently their description on their sign was, "Sales, Repairs for Automobile Glass". Everything that. SECI{ETARY L1NI)A KOWALSKt: Everything related to glass. CIIA[RMAN: They did glass, mirrors, every, all kinds of glass SECRETARY LINDA KOWALSKI: They replaced windows and glass. PATRICIA MOORE ESQ: Right. But they did autos, they did repairs. Essentially, they covered all the zoning criteria, like retail, office~ you know. MEMBER TORTORA: They were the continuing' nonconforming use. PATRICIA MOORE Ese: Right, but the intent was never to abandoned any use there that was retail or office. Based on what I found as far as the history of the p~operty. It always been mai~tained and continued, but that's been the intent of the bnilding. The building really can't sustain anything other than a commerc}sl rise there. A house is not a very (tape was changed). t think you also have another alternative, which is the change to anolheP nonconforming use, which is a less intensive use, based on everyUfing you've heard about how he operates his business. So, it's much better than if it were an aatomobi]e repair rental of vehicles or auto sales or rental because, it's much less intensive. Sales and rentals would imply repairs and ail the other thing that go along with the selling of parts. So, like Mullen Motors. I'm just tbiuking Mullen Motors, some of the other car places. There's a certain amount of repair work that's done on the premises. MEIV]BER TORTORA: When was that Rent A Wreck formed? MR. W]LLSBY: The franchise? 'eaae ls[anol ~ ~u[moooq ~ii~oa s,l[ '~aoduoeag ~oj 'os[~ uoD~ao[ '~IlUOauddV 'loGs lm[1 se~!I XIl~Oa OH :~S~ ~OO~ VIDI~tJ, Vd 'ul~ aaaq ~lo~q oq pu~ 'ails aatBouu ol o~ plnoa iqSlllM 'a~ uaql puv :NV~}tlVIID aria onsand 3~uoa I oqK~ul 'oaotll i~luoa p~?aamuloo 's[ql op l~a I J[ X~s I g~ ln~ '~u[au~ulj la~ ol ao 'sqluo~ ltl~la aoqlou~ am aal~ plno~ ia~l! ~aul[1 agora popaou IlllS I ~ 'u ~ll~ s~luo~ 8[ aoj auO 'l[ ~auaa ol 'a~a[[aq I 'uoudo m~i 'osuo[ lsa[adaq aql aq PlnO~ lug& :~S~ a~O0~ VIDDI,LVd '(allJ V~Z) aaaq u} asuaI aql 'HaM :V~IIA aoN '16~ iaaos mH 'a~oA lxau jo lsm~nV iBun sao~ AlUO 1I 'lsn~nV 'aans :NV~}IIVIID ~uoBsanB aaqlon~ ~s~ I plnoo :V~UIA aSlO XpoqXu~ aaoql sI 'aaoo~ 'sa~ ~aaa~l aa~noi aiiq& :NV~}IIVItD 'aslgouuaJ ap!~plao~ u sI 1I :X~STIIM · aSplaUUaJ ~ si 1I :NV~ltIVIID 'aPI~pIaoM :%~STIIM '}l~ u slI 'pa~eaoI s~l! aaaq~ logs aql s~ slql o~ :V~OJ;HO~ lnoq~ ooualstxa u[ ~aaq s~lI 'os!qouuaJ ~ si 1~ <sox :X~S'YIIb~ 'osltlOU~a~ ~ si 1I :V~O~803; 'oslqouuaJ ~ si 1I :NV~IlIVItO SleaGdV jo pa~,oit u~off~ ploqlno~ Page 47 - Trauscl,ipt of Ilear'ings Regular Meeting of July 24, 1996 Sonthold Town Board of Appeals MEMBER VILLA: Well, basically the question I had was that. It seems like a short term thing, but if this gets approved, you, Mr. DeFriest would buy this, and you in turn would go into a long lerm lease with Budget Rent A Car. PATRICIA MOORE ESQ: Right. CttAIRMAN: Now, this is the only lease that exists on the px'operty, except for the agreement you have with tile person that's renting the r, ement block building? SECRETARY LINDA KOWALSKI: There's another lease, right? CIIAIRMAN: There's another lease. SI,2CItETARY LINDA KOWALSKI: With the cement block buildiilg. M[~. DEFRIEST: Right. I don't have a lease with him though either. CJI'AIRMAN: It's month re month. Mit. DEFRIEST: Yes. SECRETARY LINDA KOWALSKI: It's oral. MR. DEFRIEST: Yes. CIlAiRMAN: So, this is lhe only lease that covers this entire piece o[' property ~ight now, to your knowledge. SECRETARY LINDA KOWALSKI: Tile only written lease. CtlAIRMAN: The only written lease. M[I,. DEFRIEST: Right, MEMBER VILLA; Now do we have to address two uses on this one piece of property. SI£CItETARY LIRDA KOWALSKI: No, if it's five acres so. CIIAIRMAN; No, we're going to draw a tine down snd say this is A side, and this is B side, and that's it. Very easy, it's the way I do it in everything that I deal with up West some. PATRICIA MOORE ESQ: Slalom light CHAIRMAN: And if it's not on there, I'll take spray paint out and spray i~ on ~here, and then it's etched in stone. Soutl~ol~ Town Boa~ of Ap'paal~ PATR1CIA MOORE ESQ: Oust like my kids. You c~U't er~sS ~he line in the car.. You can't cross you leg under that line2: ': ' CIiAIR~AN~ Usually, I ~ve the tenants ~ option, Would you A, B, o~ C. PATR1CIA MOORE ES~: Yts, tf you have an~ like to: (jokingly) (it~udible due ~ voices aoli~hlll~, eta). CIIAIRMA~; Nc, tll~ only option I hav~ agonizing over this in a short period of time, fn~tha~ comment, I~11 mak~ a lllotion reaervin~ decision P~pa~ed by Noreen