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HomeMy WebLinkAboutZBA-06/07/1999 HEARINGTranscript of Special Meeting Public Hearings June 7, 1997 Southold Town Board of Appeals (Prepared by Lucy Farrell from Tape Recordings) 6:42 P.M. - Appl. No. 4689 - MERLON & ISABELLE WIGGIN This is a request for a Variance under Article XXIII, Section 100-232B, based upon the January 21, 1999 Notice of Disapproval, for approval of height of "as built" berm (within first 30 ft. along property lines of both roadways). Corner lot at 10940 Main Road and Truman's Path, East Marion; 1000-31-11-13 (Continued from 5/20). CHAIRMAN GOEHRINGER: This is an appeal that we've held off until tonight to close pending an inspection of which Mr. Dinizio and myself made and we met with Mr. Wiggin and a couple of the neighbors who use Trumans Path and I think we came out with a pretty constructive situation here. Is there anything you want to add to that Mr. Wiggin? MR. WIGGIN: I might just quickly recap the 22nd. The reason this whole request was, was the Water Authority, some time while I was on vacation, torn down the berm to make room to use the front lawn temporary driveway and when they put it back they didn't put it back to the Town Code and so it a then the contractor left and I had no recourse to either try to do the rebuilding myself or ask for a variance. I went for a variance and the recap it's my understanding that when we met with the neighbors and so forth is that we were told things that we would put a railroad tie corner that is approximately 16 ft. from the corner along that corner to the 30" height. I would make sure that the monument that the Suffolk County Water Authority dug out was in place. I've talked to them and they've agreed to do that and then there's a tree limb that hangs down over my driveway and the guy lives down on Trumans Path , cut down that tree. That tree is on state property I'm sure I can trim that limb off and then that would a, that seemed to be agreeable with everybody that was there and also as everybody realized when they were there in the vehicles, you have to drive by the berm almost totally before they can see to the east, so the berm is really not you know, yeah but still this is real, compromise and Page 2 Hearing Transcripts June 7, 1999 - Board of Appeals this is acceptable to me and is acceptable to the people Who were there we met. CHAIRMAN GOEHRINGER: OK, we're talking at the point of Trumans Path and the main road. You're talking 16 feet westerly, approximately, is that what the distance was? MR. WIGGIN: That was the distance was we picked, picked that day. Our maze is out 16 feet high, I also go 16 feet to the south. MEMBER DINIZIO: From the edge of the road? CHAIRMAN GOEHRINGER: No, no. BOARD SECRETARY KOWALSKI: What was the - MR. WIGGIN: From the monument. MEMBER DINIZIO: From the monument. BOARD SECRETARY KOWALSKI; What was that before? CHAIRMAN GOEHRINGER: 24. MEMBER TORTORA: So, it's 16- BOARD SECRETARY KOWALSKI: You're going to change that? CHAIRMAN GOEHRINGER: Yeah, I changed it. (More than one Member speaking at one time). MEMBER TORTORA: For the first 16 ft. of distance from the north east of the corner of the property in both directions is · that accurate ? MR. WIGGIN: That's correct. MEMBER TORTORA: Just checking, OK. MEMBER HORNING: Mr. Chairman, the distance from the pavement to the berm, is that adequate? Is that - CHAIRMAN GOEHRINGER; distance. Oh, yeah, you can actually park in that MEMBER HORNING: hearing and I felt - Because there was some question at the last CHAIRMAN GOEHRINGER: But we, we have a variable width road plus. We would assume just by looking at it, that the road is over 60 feet wide at that point. It's, it's unbelievable how wide that road is at that point. Page 3 Hearing Transcripts June 7, 1999 - Board of Appeals MR. WIGGIN: We made it obsolete to the travel lane from the berm. corners, which is 26-28 feet from that. MEMBER HORNING: I did go back there because I left early at the last hearing and I had to time to pull in there. I pulled into that lane again and I came back out and the obstacle that I observed was the trees. That was the main obstacle to this situation. CHAIRMAN GOEHRINGER: We sat in this gentleman's Camarro and actually viewed the a, what he construed to be the obstruction and what Mr. Wiggin is going to do is, shave the top of that berm off to the point of where the obstruction starts, alright. So, yes, a portion of the berm is going to be the height that it is but, the shaving of the berm in the front from the road portion into the berm and the ability of creating a norm which is the railroad tie so that there will be no movement. People won't be, well people may still be running into it, OK, hopefully knock on wood, they won't. MR. WIGGIN: I've got a suggestion I've volunteered to add to that. I'll move the railroad ties back, you know, 8-10 inches away from the property line and put a post there with reflectors on. I think it might be beneficial also to the people. Sometimes they come around at night and , they can see that reflector and if you want to note that, I'll offer to do that also. CHAIRMAN GOEHRINGER: OK, sure, that's great. BOARD SECRETARY KOWALSKI: the Main Road side? Is that on Trumans Path side or MR. WIGGIN: A reflector on both sides. CHAIRMAN GOEHRINGER: Actually on both sides, yeah. BOARD SECRETARY KOWALSKI: I don't know if the state will. guess if it's on his property, it'll be OK. CHAIRMAN GOEHRINGER: It's on his property. MR. WIGGIN: It'll be on my property. Basically there's a walk of riding up on the berm far as what they apparent view which they are now doing. CHAIRMAN GOEHRINGER: Whieh they are now doing. MEMBER TORTORA: Well Mr.' Chairman I'm prepared to offer a resolution to approve this. What I woUld like to do is go over the specifics a - CHAIRMAN GOEHRINGER: Let me close the hearing first. MEMBER TORTORA: After that. Page 4 Hearing Transcripts ~lune 7, 1999 - Board of Appeals CHAIRMAN. GOEHRINGER: CHAIRMAN GOEHRINGER: in favor? Anybody like to speak against? comment I'll make a motion closing the hearing. MEMBER HORNING: Second. CHAIRMAN GOEHRINGER: All in favor? Motion carried. See Minutes for Resolution. Alright, good ~ Is there anybody else would like to speak Hearing no further Page 5 Hearing Transcripts June 7, 1999 - Board of Appeals 6:52 - Appl. No. 4692 - CHRISTOPHER & HEIDE MARIE GRATTAN This is a request for a Variance under Article XXIII, Section 100-30A.4 based upon the March 24, 1999 Notice of Disapproval, for a permit to construct accessory swimming pool in a front yard area, rather than the required rear yard, at 6305 Horton's Lane, Southold, N.Y.; Parcel 1000-54-7-18.8. CHAIRMAN GOEHRINGER: I have a copy of a survey indicating the lot area 51,603 sq. ft. and the placement of the pool which is 94 feet from one proposed road and 49 feet from another and 130 feet from the rear property line which is of course again appears to be another and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area and it is indicated on here that the pool is 46 feet approximately from the house. We had seen the hole as it was dug and it's a 16 x 36 foot pool and I think we're ready for you. MS. MOORE: I just a, one, first of all thank the Board for getting on on to a Special Calendar and Mr. Grattan is here to answer any questions. I don't want a, the application speaks for itself and the circumstances are pretty clear. CHAIRMAN GOEHRINGER: For the record Mr. Grattan, we would certainly like you to swim as soon as possible. MR. GRATTAN: I think it's a sign. MEMBER DINIZIO: I wouldn't mind it today, it's real enjoyable. CHAIRMAN GOEHRINGER: You had to say that to us, on the record no less. Mrs. Tortora, any questions of this nice gentleman? MEMBER TORTORA: No. CHAIRMAN GOEHRINGER: Jim? MEMBER DINIZIO: No, no questions. CHAIRMAN GOEHRINGER: Mr. Horning? MEMBER HORNING: No. I have a question for the Chair Person only to elucidate my understanding why does the code specify rear yard pool? What's the intent? CHAIRMAN GOEHRINGER: No accessory structures, no front yard. In fact to answer your question, the a only accessory structure is now allowed in the front yard on water front properties and they must meet the minimal regular set back for a principal, for a principal dwelling. That was a mile stone in itself. If you remember Victor Lessard talked about that for years and a you know, I say that with great reverence because Victor isn't with us Page 6 Hearing Transcripts June 7, 1999 - Board of Appeals anymore, but a, and then somewhere towards the end of his reign he managed to get that into the code. Actually it was after. BOARD SECRETARY KOWALSKI: It's been there a long time. That be in it for about seven years now. CHAIRMAN GOEHRINGER: Yeah, well he's retired what about six, isn't he? - BOARD SECRETARY KOWALSKI: No, it was in it way before he retired. MEMBER DINIZIO: I think George Penny was ... MEMBER HORNING: Thank you. CHAIRMAN GOEHRINGER: You're welcome. This accessory structure will not be roofed in any way? MR. GRATTAN: It's not going to be moved? CHAIRMAN GOEHRINGER: Roofed, roofed. MRS. GRATTAN: Is there going to be a roof? MR. GRATTAN: No. CHAIRMAN GOEHRINGER: No, it's going to be an open, OK. Alright, is there anybody lese would like to speak in favor ot~ this application? Is there anybody like to speak against the application? Ms. Moore, any other comments? MS. MOORE: I just have some nice little letters from the neighbors. Did you get them? Copies of those? CHAIRMAN GOEHRINGER: Let me check. It's been a long time.. I don't think we got them. BOARD SECRETARY KOWALSKI: No, we didn't. MS. MOORE: Here. CHAIRMAN GOEHRINGER: Please excuse me for not addressing you at the beginning. I apologize. MS. MOORE: No, that's alright. Just for your record. BOARD SECRETARY KOWALSKI: Two letters you had mentioned. One is from Florence Corwin and the other is from Florence Corwin and her husband. It's the same people? MS. MOORE: -I guess so. Two separate times. Page 7 Hearing Transcripts Juno 7, 1999 - Board of Appeals CHAIRMAN GOEHRINGER: Good, OK, alright,, hearing no further comment I'll make a motion closing the hearing reserving decision. MEMBER TORTORA: Second. CHAIRMAN GOEHRINGER: All in favor? Motion carried. See Minutes for Resolution. I RECEIVED AND FILED BY End of hearing. O~ Town Clerk, Tow~_