Loading...
HomeMy WebLinkAboutZBA-08/16/2001 HEARING TRANSCRIPT OF HEARING August 16, 2001, continued: Appl. No. 4958 ARTEMIOS MARINAKIS. l insert introduction and begi~ming statements of heatS, ng} CHAIRMAN GOEHRINGER: Go in. abandon the road. Merge the road to the house and put the tennis court on the road. It's done. Member Homing: Then we've got a separate parcel for the principal dwelling to go on it. Pat Moore: My only concern is that title-wise on a unnamed street, there may be rights of others. Chainnan: ",'es, but he owns both properties on both sides. Mrs. Moore: But I don't know if that road ooce you have a street, yes, presumably if you own both sides it may be possible but I'm not sure ifa title company would - Maybe put the tennis court and then he doesn't care about that. Chairman: Put it at the end of the street so that no one has any right to that street, and abandon that road t that point. That's what you do. Mrs. Moore: I'll offer that. Chairman: And you know what, that's a great option. He's the only person that could do that because he owns the latter part of that street. I don't even know the purpose of that street. Mrs. Moore: Am [ going to have a problem with the accessory in the side yard? Chairman: If he merges - whatever he has a problem with, whatever comes betbre this Board, I'll grant it. All right. I don't care if the Building Department thinks it is upside down or around the scope. Member Homing: It's a lesser problem. Member Collins: You could have difficulty with some of your board members. Chairman: Lot coverage'? August 18, 2001 Hearing continued ZBA Appl. No. 4958 - A. Mafinakis Member Collins: Lot coverage. P. Moore: Yes. Member Collins: There's another gentleman out in that neighborhood with a problem with lot coverage fur a tennis court, we're waiting on that one. Mrs. Moore. you said we've seen applications for tennis courts and what not ora similar thing, and I've been on the board tbr four years and we haven't. And the case I remember most clearly is this garage, Michael Rand up on Bight Road in Orient. I remember it because I just sort of know the people. We were very finn. He had the same kind of argument. Not quite the same because he wanted a garage, and we were very quite clear on it. And we had another one in Orient were an accessory was built on the assumption, and the belief was Building Depamnent had the lots merged, and the owner came along ten years later and said, "Oh, I didn't merge them." And we said, yes you did. Because he was able to build the tact, the fact that it appeared merged at that time and the Building Department proceeded on that basis, and that's what did it. And he couldn't, we certainly were not going to let him umnerge. So we have looked at this, and I understand your feeling about the equities and the reasonableness and what the law says, and the Chairman is right, we have not talked to Counsel about it. MRS. MOORE: Well, we'll recess this tbr now. Until I have a chance to. CHAIRMAN: What do .,,wu think ofrny idea of the abandoned road. MEMBER COLLINS: I'd love for you to find a case. MRS. MOORE: I have trouble with that survey visualizing where it might fit. So. CHAIRMAN: Regardless if it doesn't fit totally on the road we would rather have some side yards anyway, so let it intrude into his property that he has the house on. At the same time you are ahnost sterilizing a lot by pushing a house all the way to the other comer. Which is going to make it a nmch nicer lot without that situation. MEMBER HORNING: You're compromising the placement of the future building. MRS. MOORE: I mean if he finds the tennis court was not condusive, if it didn't look nice it is easy enough to take out, so. CHAIRMAN: I'll make a motion recessing this without a date. MRS. MOORE: Without a date? CHAIRMAN: when will you get back to us? August 18, 2001 Hearing continued ZBA Appl. No. 4958 A. Marinakis MRS. MOORE: Not the August. What's the September? CHAIRIVlAN: Loaded. October? MRS. IMOORE: Well, give us to October unless we come up with this unnamed street and it works. CHAIRIVlAN: Get a new application and new Notice of Disapproval. BOARD SECRETARY: Once it's October, it would need to be re-noticed. Either way. A new one would be October [8th (if filed). CHAIRMAN: 1'11 recess it to October 18, 2001. MEMBER COLLINS: Seconded. See M[inutes for Resolution.