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HomeMy WebLinkAboutZBA-11/13/1997 HEARING INDEX TRANSCRIPT OF ZBA HEARINGS HEARINGS HELD NOVEMBER 13, 1997 Pp. 1-4 Appl. #4521 - Margaret J. Owen, Fishers Island Pp. 4-8 Appl. #4523 - Dr. & Mrs. Patrick Coisgiuri, Mattituck TRANSCRIPT OF PUBLIC HEARING November 13, 1997 BOARD OF APPEALS (Prepared by Lucy Farrell) 6:50 P.M. - Appl. No. 4521 - MARGARET J. OWEN CHAIRMAN GOEHRINGER: Based upon the Building Inspector's Notice of Disapproval issued July 23, 1997, applicant requests Variances under Article III, Section 100-33B (4) for permission to locate accessory inground pool with deck construction at a setback of less than 20 feet from nearest property lines, and located in an area other than the required rear yard. Location of Property: Isabella Road, Fishers Island, N.Y.; Parcel t1000-?-6-8; Represented by Stephen L. Ham III, Esq., and a copy of a map produced by Richard H. Strouse dated June 9~ 299?, is the most recent date on the map indicating the approximate placement of the pool and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Ham, how are you tonight? MR. HAM: Fine. Stephen Ham, 45 Hampton Road, Southampton, for the applicant, Owen. Affidavit of Posting, Affidavit of Mailing, with the return receipts, and I have some other documents I'd like to put in the record. This is an affidavit from Mr. Strouse who is both the surveyor and a licensed engineer. He was at the property last Thursday and this is a contour map which shows the site and the sloping and I understand that the Board was riot able to make a field trip over there, but, I have something, that I think would be quite helpful and I have photographs and Mr. Strouse took them last week~ they're right side up. I have on the map he's indicated the vantage points for each of these photographs and they're marked, so marked, on the rear of each photographs. BOARD SECRETARY KOWALSKI: How many photos are there? MR. HAM: There are 10. And then finally, I have just to make my presentation a little briefer, I have a Memorandum for everyone which sought of goes through the legal basis for the application and that will allow me maybe just make a few points here. The principal one, as you can see from I think, primarily from photographs numbers 2 and 3 the rear yard which would be the conforming location, well let me backup for a second, as I've mentioned to Mrs. Kowalski, the Legal Notice and the Notice of Disapproval incorrectly referred to a need for a variance for a setbacks. The only variance that's necessary- is to locate the pool and the required, in the front yard rather than the required rear yard. We t~age 2 - Hearing TraliScripts November 13, 1~7 - Board of Appeals mention a deck here and there. The deck will be a stone patio. In fact it will not be anything, it's at grade, so the setbacks are shown from the edge of the pool In one case to the nearest property line at 70 feet and the other 67 feet which not only would meet the setbacks for an accessory strueture~ they would meet the required setbacks for a principal dwelling in this R-120 Zone District based on the relief given by whatever section of the Code for this size property, 80 to 119,999 SCl. ft. The main purpose, well the application is being brought because the conforming location which is the required rear yard as you can see from photos number 2 and 3, in particular and also from the topo information on both the survey and the contour map is just very steep. I prepared after speaking with Mr. Strouse, I prepared an affidavit for his signature which is in the record now. It's also an attachment to my Memorandum and he added that it was a 30% slope there. So, the amount of earth movement and construction activity that would be required to build the pool in the back yard would be enormous and the cost would be prohibitive to the extent that he would not even recommend that it be done. He also suspects that there may be wetlands at the foot of the slope and so you've got a another reason there why it's not indicated to put the pool in the rear yard. Instead, in the front yard there's an area which is basically just lawn now which is level, it's high up, so it would not be noticeable from the street. If you look at photographs numbered 4, well 4 shows the posting notice, but, 5, 6 and ? show that even now, on November 6th~ in the fall, it's barely visible. So, as far as the neighborhood is concerned, it would not, it should not be noticeable, and indeed if this were vacant lot you could put a house where this particular pool is planned to be located. So, in a nut shell it's the argument is that we can't conform in the rear yard without severe practical difficulties to the extent that it's not even feasible to build the pool at all~ and secondly~ the neighborhood is not affected and weighing the benefit to the applicant against' the detriment to the area, it would seem that the benefit far outweighs any detrimental affect that this would have by - CHAIRMAN GOEHRINGER: For the record, I just want you to know, that this Board is extremely aware of Barlow Pond, OK, and this is not necessarily adjacent to that, but it is, you know~ I won't say it's a wonderful stone throw~ but it's within a thousand feet or so of it. So, we are certainly aware of that. Mt{. HAM: And we're building on the other side of it. CHAIRMAN GOEHRINGER: Yes. The question I have is, any indication that the proposed pool would ever be enclosed? MR. HAM: No. CHAIRMAN GOEHRINGER: No, no problem with a restriction on it? 'Page 3 - Hearing TraXxacripts November 13, 1~'7 - Board of Appeals MR. HAM: When you say, well enclosed, you know, covered? CHAIRMAN GOEHRINGER: Covered, yes. MR. HAM: No, no. CHAIRMAN GOEHRINGER: Any problem with a restriction that either hay bales or some sought of retaining structure be placed temporarily during the construction, so that no runoff runs on to the neighbors property. MR. HAM: No, I'm sure that's fine. CHAIRMAN GOEHRINGER: Alright, we'll start with Mr. Dinizio? MEMBER DINIZIO: No~ I have no questions. I'm assuming that the road that this private, I guess this is like a dirt road~ this is really probably a dirt road. Does it go all the way? MR. HAM: I have an excerpt from the tax map on my memo. MR. DINIZIO: Yes, but I don't - MR. HAM: It's hard to tell probably. Unfortunately, I don't have the full tax map here. I have it back in my office. Whether it goes all the way around. I don't think it does. CHAIRMAN GOEHRINGER: It doesn't. No, it's dead end. MR. DINIZIO: How high is the fence going to be? MR. HAM: Whatever the Code is, 4 feet. MR. DINIZIO: 4 feet. MR. HAM:: 4 feet, yes, that a 4 foot. I spoke to Mr. Beekworth yesterday and he told me. It's an inground gunite pool, 4 feet high. CHAIRMAN GOEHRINGER: What's the size of the pool? MR. HAM: 20 x 35. I sealed it off, and then I asked him, and he confirmed it, that's what it was. MEMBER TORTORA: 30 x 25? MR. HAM: No, 20 x 35. Right, it half inch by seven-eights of an ineh. CHAIRMAN GOEHRINGER: Is that like a lap pool? Page 4 - Hearing Trm£scripts November 13, 1~7 - Board of Appeals MR. HAM: No, no, 20 feet. CHAIRMAN GOEHRINGER: Normal depth. Mrs. Tortora? MEMBER TORTORA: No. CHAIRMAN GOEHRINGER: Thank you for your presentation. We thank you for the pictures and we thank you for your Brief. MR. HAM: Thank you for your time. CHAIRMAN GOEHRINGER: Is there anybody else would like to speak in favor of this application? It is an application in Fishers Island for a s~mming pool in the "front yard area". Anybody like to speak against the application? Hearing no further comment, I'll make a motion closing the hearing, reserving decision until later. MEMBER DINIZIO: Second. CHAIRMAN GOEHRINGER: All in favor? BOARD MEMBERS: Aye. 7:03 - Appl. No. 4523 - DR. & MRS. PATRICK COLAGIURI CHAIRMAN GOEHRINGER: Variance to rebuild cellar, including garage below house, and other reconstruction which may be necessary for this nonconforming guest cottage (second dwelling urkit on .42+- acre lot). Building Inspector's report indicates application is pending for Pre-Certificate of Occupancy; which has not been issued due to existing condition of guest cottage and request for information regarding eligibility. 2950 Park Avenue, Mattituck. Diane Herold, Architect. We have a map indicating the approximate placement of this house which is on Bungalow Lane Extension or Park Avenue Extension. It's been used in a synonymous manner which I'll refer to as Marratooka Point and primarily where the road begins to go back to a private road. The most recent date on the survey- is January 3, 1997 and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Ms. Herold how are you tonight? MS. HEROLD: Fine, thank you. I'm here before the Board because we are attempting to get a Building Permit to make repair at this property. The Colagiuris have owned the property since January ]1, 1975; and previous to that, they were tenants and renting during the summer farther down Bungalow Lane. I've just given Linde a copy of an affidavit that the owner said that the two houses have been used as single family dwellings since ]957 and the Colagiuris have owned this property for a considerable amount of time. This is just a maintenance thing. The existing foundation under the house closes to the road is concrete block which is Page 5 - Hearing Trai~2cripts November 13, i~7 - Board of Appeals starting to fail. We're proposing to keep the house exactly where it is at the same height and put in a concrete, poured concrete foundation. In addition to this work we're also be taking the mechanical equipment out of basically what's the garage cellar underneath the building and moving it upstairs because of FUMA. The Building Inspector requested that. We don't feel it'll be any detriment to the neighborhood. Nobody will know anything ever happened because it is just a repair, we're not increasing the size of the house in any way. We're not asking for any relief on side yards. We're just keeping what we have existing. Basically it is a unique hardship because we have two properties that are nonconforming on the property and I'm sure the Board is aware that kind of a property is not fairly available in the Town of Southold. $o, it would be a severe financial hardship to my client if he were to lose one of the houses. CHAIRMAN GOEHRINGER: I was unaware that this house was a year round house or at least has a heating system. I thought it was a seasonal cottage. MS. HEROLD: Actually- the report from the Assessor's Office does say he has oil heating. CHAIRMAN GOEHRINGER: Yes, I did notice that. I personally thought that the house on the Bay had actually had the heat in this house. It was very simply just a seasona] cottage, but.. a - MS. HEROLD: It probably is just judging by what that heating system looks like. CHAIRMAN GOEHRINGER: That, that, then~ goes back to my question. Are you seeking a Pre-CO or a year round dwelling, or are you seeking a Pre-CO for a seasonal dwelling? MS. HEROLD: They would only use it seasonally. CHAIRMAN GOEHRINGER: I see. MS. HEROLD: Basically you know the status down there. The people once they buy a house, they keep it. Colagiuri's children are now adults, they want to keep the second house just so that it is for family use. They did announce to me, tell me that when they first bought it, they did rent it, but, they have not rented it in many year. s now and it will be only for family use. MEMBER TORTORA: The ownership of the two houses, the Colagiuris own this house as well as the second house? MS. HEROLD: They own both. MEMBER TORTORA: This is all in one ownership. Page 6 - Hearing Tra~*~Seripts November 13, I~?? - Board of Appeals MS. HEROLD: Yes and it was and he bought it from the Estate George Tyrell and I understand it was all one at that time also. MEMBER TORTORA: The existing footprint of the 1-1/2 story has, is not' going to be expanded in any way? MS. HEROLD: No, no expansions are proposed. We'll be keeping a - you know, perches, you know, the basic structure of the house will remain exactly the same. If you go past next summer after we do the work, you wouldn't know anything has been done because we're not changing anything. MEMBER TORTORA: Where the screened in porch is now, because that is a you know, the location that I'm concerned with, the setback, is very close to the road. Are you proposing to decrease that setback? MS. HEROLD: No. All of the setbacks will remain exactly the way they are. MEMBER TORTORA: What are you going to do where the screened porch is? Are you going to maintain the screened porch? MS. HEROLD: Right, it's for the interior of the structure. MEMBER TORTORA; How high are you going to elevate it?' Have you been asked to elevate it by the Building Department? MS. HERALD: No, we have not been asked to elevate it. They gave me some restrictions on it. I had to keep it all open downstairs where the garage is. CHAIRMAN GOEHRINGER: And what were you told? MS. HEROLD: Move the utilities, if, if they remain. They may not even put heat back in. CHAIRMAN GOEHRINGER: There's no insulation in the structure, is there? MS. HEROLD: I mean, it would require a lot to become a year round house. CHAIRMAN GOEHRINGER: I should point out that a Mrs. Colagiuri's father I knew personally. That was Rudolph Cart and that I remember the time when they purchased this property. I knew Mrs. Colagiuri's sister, indirectly and very nice people. This was basically a family ownership area. Mr. Cart's house was obviously seasonal. ~Page 7 - Hearing Tra~,~seripts November J3, 1~7 - Board of Appeals MS. HERALD: His niece is buying a house down there and basically that's what that neighborhood is. Everybody has been there for years and it's a basieally transferred to the next children, you know, if possible. MEMBER TORTORA: I know, but the only thing is, we can't ]egis]ate ownership. We can't guaranty it. CHAIRMAN GOEHRINGER: No, we're not saying that. MEMBER DINIZIO: No, well, I mean, certainly a person has to buy this whole thing. We're not subdividing. CHAIRMAN GOEHRINGER: There's no subdivision. MEMBER DINIZIO: You can't legislate whose going to be in there. CHAIRMAN GOEHRINGER: No, no, of course not. I'm just saying I know the history of the people. MEMBER DINIZIO: How would you feel about like, just turning it a little bit? Would that be costly~ or is that just getting it away from that - MS. HERALD: Well, you knew~ once they start doing that, then I'm into a whole different thing with you~. because now I'm asking for certain setbacks. I have found when dealing with Beards it's better to keep things the way they are. MEMBER DINIZIO: Forget I asked. I know, I felt - MS. HERALD: I can appreeiate what you're saying. It might be to our advantage to do something like that. BOARD SECRETARY KOWALSKI: The Fire Codes too. MS. HERALD: Yes, I'd just get myself into a whole new you know, scenario. CHAIRMAN GOEHRINGER: To answer that question just Jim, or to ponder on it first, one seeond here, there are significant amount of houses down there that are built extremely close to the road. This just happens to have two houses on one piece of property and it seems to have much more significant depth than a lot of the other houses. As you go down the road apiece, toward the end of Marratooka Point, those houses are literally built on the road also, and of course they look more like seasonal struetures, but at the same time this one gives you the appearance of being a seasonal well maintained, not well msJntained in reference to its maintenance beeause of its age and I'm sure that's what they're trying to do Page 8 - Hearing Tra~lseripts November 13, 1~7 - Board of Appeals maintain in reference to its ability of being a more stately building. So, the height isn't going to ehange, Diane? The a - MS. HERALD: As I said, if you drive past it whenever we do the work afterwards, once the plantings back in, you will not know that we've been there. They are eliminating one garage door. That would be the only change that you would notice. CHAIRMAN GOEHRINGER: While you're standing there, will ask the audience if there's anybody else would like to speak in behalf of this application, Mrs. Patrick K. Colagiuri? Anybody like to speak against it? Seeing no hands, I'll make a motion reserving decision until later. MEMBER DiNIZIO: Second. CHAIRMAN GOEHRINGER: All in favor? Motion Carried.