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HomeMy WebLinkAboutZBA-09/19/2002 HEAR SOUTHOLD TOWN BOARD OF APPEALS TRANSCRIPT OF ltEARINGS HELD SEPTEMBER 19. 2002 Presem were: Chairman Gerard P. Goehringer Member Lydia A. Tortora Member George Homing Member Ruth Ollva Member Vincent Orlando Paula Qutnfieri, clerk PUBLIC HEARINGS: 6:36 p.m. Appl. No..5160 - MIRIAM REALTY CHAIRMAN GOEHRINGER: The ftrst hearing on the agenda is 5160. Miriam Realty. Who would like ro be heard? Are you speaking for or against sir'? UNKNOWN GENTLEMAN: Against. CHAIRMAN GOEHRINGER: Okay, we're not there yet. UNKNOWN GENTLEMAN: Oh, I'm sorry. CHAIRMAN GOEHR1NGER: We're going to let the case be presented. There was something you wanted to give ns sir? And you are, the architect? GEORGE KONNARIS. ARCH.: My name is George Konnaris Right. I am the architect CHAIRMAN GOEHR1NGER: We just need you to spell your name into the microphone so that we can speak it up. Would you give us that again? GEORGE KONNARIS, ARCH.: It's George Konnar/s- K O N N A R I S. CHAIRMAN GOEH1L/NGER: Thank you, it's a pleasure to meet you sir. What would you like to tell us? GEORGE KONNARIS. ARCH: Well_ in regards to this matter, we would 1/ke the Board to reconsider the the objections that we have from the Building Department and if there ~s anymore reformation that ] could submit to the Board to understand better, the situation. I would be more than happy to. CHAIRMAN GOEHRINGER: [ have to tell you I have. we have an updated Notice o£ Disapproval dated September 16th_ is that correct? GEORGE KONNARIS. ARCH: That's correct. CHAIRMAN GOEHRINGER: And we are now at 22 7%. MEMBER TORTORA: 37%. CHAIRMAN GOEHRINGER: No. we have a new. I don't know i£you ladies have it but, Page 2,S~ptember t9, 2002 Transcript of Public Hearing Zoning Board of Appeals MEMBER TORTORA: Yes, I do. CHAIRMAN GOEHRINGER: Okay, 9.16, it says on the back although the applicant has certified the lot coverage re be 22~7%, the Building Deparm,ent has determined the lot coverage to be 37+-%. I believe the architeet will explain to us that situation of how they arnved at that and the determination of the patio area, which I think, is the reason why we're at 37%, GEORGE KONNARIS. ARCH: That's correct. CHAIRMAN GOEHRINGER: Okay. I just want to deal with a couple of issues and I'm not stealing your presentation from you sir. l~ve been to the site tkree times, and I've stayed at the ~ite at some great length~ [t ~s probably the first time tha~ we have sent a letter to Soil and Water Conservation. Suffolk Comay Soil and Water Conservation is basically an organization that.gives us ~free evaluatiofi of~ and we're not going ~ ref~ to thJ~ as a bluff, we*re gohig to refer to this as a dune area because that hill is really a dune e~'en ougl~t is almos~ tomlly consnucted upor~ and in fact. it ks totally constructed upon, because or'he, house that is lust be/ng ex)mu-acted on Summit Road or just off of Summit Road on that right-of~w*ty juar up ~the street from yon. Pm going to say t~at ~0 - 95% 6f that entire dune area is now constructed upon. ~he ~ast time I did mY l~t hispeetion was Sunday morning, and o~ course I knew that no one was in the house and tlm~ was, conce~vabl~y the sitnatio~ why I s~opped there. On Thursday or Frktay I had asked our staff to s~nd a letter to Soft and Wate~ CormervaOen ~o evaluate the dune. They are going to g~ve you a free evaluation hrype ,fially. As I said, 'i~ ~ the first one that we have ever asked for in a non-waterfront situation. But. one of the major concerns that I .have ~s that we have a pretty vertical~ drop off df that dune. And I know that there ar~ houses down below, t canner re~l you do I know exactly where the property lin~ go and how far wn tlxat ~ or how~ stxa/gbzt that goes to a veracal. I me ~ar~ youre the atchiteet and thafs not a sarca~tm statan~ent. Bt~t you ntekl V> re-rmfmre that hi some. way. something has to be done there, for us re continue with ~ hearing. So this 1/earing will be continued und we will be, and when we are in.receipt o? tha~ we'll send~m~oa a copy of it pr~or to the commencement of the next hear/ag. But let's go back to the issue o~t~ coverage so that ~¥eryb0ds/~s aware of it. GEORGE KONNARIS, ARCH: The coverage, we shouldn't, we fded for a 27% coverage. I had some discu~sinns with th_e owner and we agree to 22.7%. We made the swimming pool smaller and the back habitable area mucl/smaller. So we can down to 22.7%. The Building Department came up with 37% actually because he saw on the l~lans that we have a couple of steps in front of the patio and he couside~ed it as a raised patio therefore, it is part of the :overage. But I assure you that weYe going to be, the patio is goin~ to be at the same level as the back yard. It's going to get the same grade. [t won't be a raised patio at CHAIRMAN GOEHRINGER: Okay. Is thal going to change the December 26~, 2001 Site Plan which refers to A-0 or any of the other changes of the February 22~d 202A- 1 and so on and so forth? Because if il is we'd like some revised plans and in this hiatus period that we're working betwec~n these two. GEORGE KONNARIS. ARCH.: [ just received the fax today. [ didn't ~even ge~ a chance to advise the client, but I spoke to yom- Building Departmem and I explahied to Mr. Damon and he understood and he is expecting th/s revised plan. CHAIRMAN GOEHRINGER: Okay. Let me just ask you the last question. The wall that the Pappas built, is that on their property totally? GEORGE KONNARIS, ARCH.: Yes. CHAIRMAN GOEHRINGER: Is the footing totally on their property? In your educated opinion? GEORGE KONNAR/S, ARCH.: Now. I am not 100% sure, I guess we have to do a probe you know, to fred out whether it is an eccentric footing or is it Page 3, Seprem~oer 19, 2002 Tra~smSpt of Public Heming Zoning Board of Appeals CI-IAllLMAN GOEHRINGER: In your opinion, how far does the properly line go out to the dune? In other words, where does the neighbor's property stag down below? Are you familiar with that or would you have to research that? GEORGE KONNAR1S, ARCH.: I would have to look at the survey. I will give you the answer right now ff yon permit rrm. CHAIRMAN GOEHILEN'GER: Okay, yon want to look at this survey? Hold that question unlil we go through the enlire Board and we'll give you the survey and then when this gentleman speaks, then you can look at it and then give us your opinion on that okay? It is nice of you to come by the way because we appreoiate that. So we'll start with Mrs. Oliva. Mrs. Ollva do you have any questions at th/s point? Remember this is going to be preliminary. MEMBER OLIVA: IIow many feet fi'om the edge of that slope or whatever you want To call it is the swimming pool? GEORGE KONNARIS, ARCH.: It would be 80 feet. MEMBER OLIVA: 80 feet fi.om the top of that bluff? GEORGE KONNARIS: From the front? MEMBER OLIVA: No. I want to know how far the swmaning pool is from the, in the rear of the property. GEORGE KONNARIS: That's correct, it's 80 feet away from the rear lot line. MEMBER OLIVA: Rear lot line- but we don't know where that rear lot line is and how far down the slope it goes. I want it to the top of the bluff. GEORGE KONNARIS: Well, it's indicated on the drawings. MEMBER OLIVA: According to your survey it's just to the top of the dune, not to the proper~ line but the top of the dune is about 27 feet to the pool. GEORGE KONNJJLIS: I know that the pool is going to stay away 80 feet from the property line. MEMBER OLIVA: But we donh know where that propervy line is and how far down that slope it goes, CHAIRMAN GOEttPdNGER: What we need. we need dimensions sir ro that area where~ the property starts to scallop or drop down. [ Ifave to tell you that we are extremely familiar with this and work with il every hearing on the Long Island Sound. This agairg I'm referring to is a dane, my colleagues don't have to refer to it as a dune. It is a dune. in my opinion. But I'm not trying to influence them in any way. But we have to know that information that's very important for us to know. Because when we start chipping away or moving things back toward the house that increases that footage. GEORGE KONNARIS: Fm sorw, but the issue about the danes just came up just r~ght now, I wasn't aware of it. CHAIRMAN GOEHRINGER: It's a preliminary hearing, so don't worry about it. We're giving you food for thought, MEMBER OL1VA: And also, the one car garage that's going to be how far away fi.om the property line? Zero lot line. GEORGE KONNARIS: It's a zero lot line. Page4, September 19. 2002 Transcript of Public Heari~ug Zo~ng B6ard of Appeals MEMBER OLIVA: It's a zero lot line. And if something happens, if you have to get something back there, era~rgency equipment, how are you going to do it with it. the garage just about runs into your patio. your ex[ensinn. It presents kind of an emergency equipment problem. If you have a f~re in the house, how are you going to get it through? GEORGE KONNAPdS: You mean the backyard? MEMBER OLIVA: Yes. GEORGE KONNARIS: It's an open area. MEMBER OL][VA: Well. with the new extension, which comes just about to the garage. GEORGE KONNARIS: Well, we have the driveway that we can bring in through the back. MEMBER OLIVA: How wide is that driveway? GEORGE KONNARIS: It's through the one-car garage straight through the fi.ont. MEMBER OLIVA: How many feet? GEORGE KONNARIS: Excuse me? MEMBER OLIVA: How many feet fi.om the, how many feet wide is the garage? GEORGE KONNARIS: The driveway is 9 ft. 9 in. and it's approximately 120 feet from the front, from the road. MEMBER OLIVA: And on the other side, how many feet to the property line. about 7? GEORGE KONNARIS: Approximately. MEMBER OLIVA: So you need variances for both of them. GEORGE KONNARIS: Actually yes, MEMBER OLIVA: And how high is your structure going to be, your whole house? GEORGE KONNARIS: It% a two-story house. MEMBER OLIVA: And what is the height of the ridgeline? GEORGE KONNARIS: [ think it's 35 feet. MEMBER OLIVA: 35 feet. CHAIRMAN GOEItlLINGER: Thankyou. Mrs. Tortora? MEMBER TORTORA.: The property involves four variances; lot coverage, both side yards and zero single car garage, k's a lot of variances for a very small piece of property in my mind. It's a very big house for a very small piece of property. The property is only 50 feet ~vidc. It's a two-story house: [t looks like you have 10-f6ot ceilings? GEORGE KONNARIS: No it's 9 and 8. MEMBER TORTORA: 9 and 8. that's 177 And how do we get to 35 feet? l~age 5, September 19. 2002 l'~mascripr oi' Public Hearing Zoning Board of Appeals ~EORGE KONNARIS: We have a pitched roof on top, which is at the very top is a Ilttle~ less than 35. MEMBER TORTORA: [ see now thai you were originally one-story, but it looks Eke it's a story and a half GEORGE KONNARIS: The first story ~s about. 4 feet above grade level, he first floor elevation. would be more than happy to give you a rendering so you can understand it. M[EMBERTORTORA: I don't needitpersonally. CHAIRMAN GOEHRINGER: l'hat would be wonderhil MEMBER TORTORA: [ know rite area. I know the house, the 50-foot wide piece of property that you have, you're virtually wall-to-wall building. When you look at this honse from the road, you are gong to see nothing but a garage and a house all the way over the other property line and there's nothing going to be in betweelz 35 feet tall. GEORGE KONNARIS: What we do in the side yards, we do increase the nonconformity of the house. We extend the house and one covers the back about 6 feet only on the north side and 18 feet to the south side. We took away the rear deck and extended even further than that. MEMBER TORTORA: But with the long extension is to put a 35-foot house, tall house, 7 feet from the property line and what amounts ia zero lot line on the other side. And there is no way to get a fire vehicle hack thereL Quite frankly, if there is a fire in the back of that house I don't know how you're going to be able to get a fhce track back there GEORGE KONNARIS: We have about thirty feet between the rear of the house to the garage and all that space is side yard. MEMBER TORTORA: On the other side of the house you're at 7 feet right now and that's where you've got the balcony that comes out and the gazebo and the new extension. My comment stands. It's a very big house for a very small lot and that's why you're here for four variances and it's too much. CHAIRMAN GOEHRINGER: Mr. Konnaris, that slab, is that a monolithic pour to code, or is that just a slab for the garage that presently exists? GEORGE KONNARIS: It's just a slab. CHAIRMAN GOEHRINGER: Okay, I think what my colleagues were alluding to was the fact that we, it's a precedent of this Board not to close up the side yards. I personally don't have any particular problem unless the neighbor has a problem, with the gazebo on the other side pool where it encroaches a little into the side yard Bm I think we have a problem with the garage in that location. MEMBER TORTORA: And the height. CHAIRMAN GOEHRINGER: And the height, of course. But, only because of the acfivity that may or may not occur and as yon know the next-door neighbor had some major faults with that wall and that, of course, now that we have me construction of this massive cement wall adjacent to your client's property or contiguous to. Hopefully that will make it more stable in years to come. But we still don't know what the lip of the dime is going to do which is what Mrs. Ofiva was referring m when she asking you those qllestions before. So I'm notin favor of it, from ahealth, safety, welfare point ofviewandit doesn't appear my colleagues to my left and to your right are. So we'll move on to Mr. Orlando. MEMBER ORLANDO: To expand on the garage/slab. Wlmt is your guesstamation or thickness of that slab? Page 6, SelSl~esmber 19_ 2002 Zomag Board'of Appeals GEORGE KONNARIS: Ifs 6 inches. MEMBER ORLANDO: Six inches thick, reinforced? GEORGEKONNARIS: I'mnot sure. MEMBER ORLANDO: It was done before yon go involved? GEORGEKONNARIS: That's correct. MEMBER ORLANDO: Because I also see the challenge of just consrmcfing that garage, doing the s/ding on the side. you'd have about 8 inches to swing a hammer or, it's challenging. GEORGE KONNARIS: tt is a challenge. MEMBER OP, J~AN-DO: And if there's a rake offthe soffit, the drainage problem, I mean - I could go on and on. So. that set'ms to be the problem right there. No other questions. CHAIRMAN GOEHRINGER: Mr. Homing? MEMBER HORNING: Sir. wetll continue with the garage for a momem. Who. sited the proposed garage sire. the architect firm? GEORGE KONNARI$: We did. sir. MEMBER HORNrNG: You did. okay. And how did you get the slab poured, with or without a Building Permit? GEORGE KONNARIS: Again, the slab was there prior to me getting involved in the project. So I can't answer that question. MEMBER HORNING: I don't quite understand that. if you folks sited it? MEMBER ORLANDO: He just threw it in. but he didn't design it. GEORGE KONNARIS: What we were going to do ~s, we were going to take out the slab. modi~ or whatever it takes to get a new slab dewn_ probably according to New York State Building Code. foundations put in and' so forth. MEMBER HORNING: Did your chant have any ideas of at~taching the garage if they felt tl~ey needed a garage to perhaps the front of the house where that curved concrete porch area is perhaps? I don't know why they wonldn't, why they would want to 15ut a garage way back there? GEORGE IIONNARIS: My client said that if he can't have the garage back there, he wouldn't have the garage at all. MEMBER HORNING: I see. GEORGE KONNARIS: The only reason why I suggested to put the garage there it was the fact that there was a s~ab there at some point and to my mind. that area was dedicated to a garage. So I confmued with the same basis and I aemched f1 to a wall because agmn, if you leave it away fi.om any wall it would create more problems, and that's why I designed it that way. CHAIRMAN GOEHRINGER: Okay. PageT,~iptember 19. 2002 Transcript of Public Heating Zoning Board of Appeals MEMBER HORN1NG: One question on the pool. then. You're proposing ro ddg the hole for the pool with a large piece of equipment says, a backhoe in there? GEORGE KONS'qARIS: Yes, sir. That's prior to erecting the garage. MEMBER HORNING: 'And you will remove the soil and put it where? GEORGE KONNARIS: That's something the contractor ~viI1 have to, thafs part of bis job..he has to tell me that, Fie bas to dispose of the dirt according to those regulations and regulations. MEMBER HORNING: And you feel comfortable getting this equipmem through that less than 10-foot wide passage way that is the proposed driveway?. GEORGE KONNARIS: I spoke to a couple of people and they don't see any problem with ir. CHArRMAN GOEHRINGER: I don't see anyproblem with it, as long as the garage isn't there. That's the problem. So what you're going to do for us between now and the next hearing very simply is to check all the notes and make sure that the new plan is going ro conform to your 22,7 right? GEORGE KONNARIS: My plan now conforms to 22.7. CHAIRMAN GOEFIRINGER: Okay. GEORGE KONNARIS: Except that the patio in the back The Bu/Iding Deparanent did k as a raised patio because of the st6ps that I indicated on the plans. But the plan I didn't have a chance to revise because of the correspondence it was s6 fast. CHAIRMAN GOEHRINGER: But you're going to do that? GEORGE KONNARIS: But I indicated to them that this is on grade, it has no steps, or w/il have no steps whatsoever and the coverage, which includes the addition to the house, the swimm/ng pool, the gazebo and the porch. That is 22.7%. That is very accurate. CHAIRMAN GOEHRINGER: Just as we see ir now, depicted on the December 26t~, 2001 Site Plan that you've given us Is that correct? GEORGE KONNARIS: Yes. CHAIRMAN GOEHR1NGER: Yes, [ have to say I keep on saying that because a lot of times we doit get architects. Fommately we have an architect now, .as yourself, that can tell us that Because usually we are standing here with people that don't have those qualifications, just so you are aware of that situation. AIl right, so we are going to be waiting for the comments from Soil and Water Conservation 1 would ask you possibly to bring an engineer in and let him evaluate the steepness of that slope and how you can keep thafs slope in its present condition. And whatever engineer you intend to use, we would appreciate a copy of that report fi'om them because of the nature of the swimming pool and the pressure on the swimming pool and so on and sc forth. And the ['act that there are houses down below. MEMBER OLIVA: Just the weight of that wall too on that whole area there. It is eroding CHAIRMAN GOEHRINGER: Right. GEORGE KONNARIS: Can ][ answer that question? We already hired an engineer who went to the site and saw the slope and the situation back there. And also the owner already I think contracted or has been talking to a builder wko did retuinin~ walls in the area, and he is doing, he is taking actually some measures right now, I.don'! know to what stage it is, but I think he already saw it, planned it and I think he is going to do a retaining wall back there. PageS, September 19. 2002 Transcript o£Pabl/c Hearing Zonh~g Board of Appeals ~HAIRMAN GOEHRINGER: We need to see that. MEMBER TOP~TORA: Yes, that could be a real fig problem, because a retaining wall that was pm up · ~ right in that neighborhood eroded so Badly that it had to b~ reinforced during the winter months. :~nd it isn't just your property. There are properties below the bluff. If there's a fallout, it's going to come down on them /md I don't know thru pushing your property line and coming in and backfilling ali that and building it up ~as much as you can and then slammit~g a retaining wall is going to help. Frankly, it conM hum Because wha~ you're doing is it has a natural slope now-, and if you're going to backfill it up so that it comes lire this~ than you're going re put even more at risk the houses that are below right now where there is a very r~bvious signs of erosinn. GEORGE KONNARIS: Well, ;['~ n.ot an engineer, that's why we hired, ope. An4 the information we got from him ~was Dqat we bbltor stabilize th~ ground, the slope that eldsts right now because it already, some of the diN washeg dowlt m the other neighbors and their, sugges/io~t was to s~bilize it immediately. Thatts why Oe hired, or we talked to a builder Who did relaimng walls ia the area, not just to reta/n our dirt from gels4 ~ th~ other properties, ¢¢tdch 5s according re the engineer, the mgsr proper thing to do. Aqd also the adjacept p~0perty has to be the ~ame an4 1 thimk that the ngighbor, anamy client ta!ked about this. Pm ~tot sure What the outcome is. But ltfe~ goal here is to skfe!y retain the ground from washing down to the other pr{Sperlies and without a retaining wall it's going to be a disaster. ivIEMBER TORTORA: Could you give us the engineer's report or the builder's report please? GEORGE KONNARIS: There was no engineer's report. But there is a builder that we talked re and I would be more than happy re g/ve you, re have him talk to you. I think he talked to the Btiilding Department already and they told him'it wasn't necessary to obtain tho permit, l'he most critical thing was re stabilize there- MEMBER OLIVA: Excuse me for interrupting but there seems to be somewhat of an attempt at one time or another to stabilize that bluff by putting boards down there but there's so much sand on there that there's nothing tlmt you could plant on that. that is going to stabilize it. It's a very diffmult situation: really, very difficult. GEORGE KONNARIS: It's very dangerous. MEMBER OLIVA: It's going to go right down to those people that are below. GEORGE KONNARIS: It is very dangerous. I'm not an engineer, but it is a hazardous condition and what information we got, it makes sense, audi think it's the best thing to do is to stabilize the slope immediately - otherwise it's going to be a disaster if the ground gives it's going to be a problem. So we have to put a retamthg wall one-way or the other It's a big expense on my client; he doesn't want to do it. He wants to just keep the natural grade, but it's $ problem and all the neighbors there, they all agree. So if you need us to do further analysis of* it- MEMBER TORTORA: We do. CHAIRMAN GOEHRINGER: We do. MBMBER TORTORA: We do. that's a problem in thar area. GEORGE KONNARIS: Do I have to give the builder a call and just contact you? CHAIRMAN GOEHRINGER: No, we need a report. And we're going to send you the report and we need you re give that to the builder once we get the report from Soft and Water. Hopefully, they'll evaluate it. Page 9,September t9, 2002 l'musmapt of ?ubl/c Hea~ng Zonh~g Board of Appeals MEMBER TORTORA: Where the retaining wall ~s and why; some of those retaining walls that have been put up in there have caused more problems than they solved CH. AInRM_AN GOEHRiNGER: The problem that we have sir is that we are totally booked for the next hearing J~ October. So we have no other choice but to put you on for early November. So what we're saying m you over the next four or five weeks, please do whatever you can ro get us a~y kn'ormation that you have. Prod as soon as we get tkis report, we're goring to forward it to yon. GEORGE KONNARIS:~ Okay. CHAIRMnkN GOEBR1NGER_: S/r? I need you To stand up and use the micropllone and state your name if you would sir. MEMBER HORNYNG: Could I make a comment to the arch/tect please? CHAIRMAN GOEHPd[NGER: Could you just hold that question one-second sir. Go ahead, Mr. Homing bas a question for you. MEMBER ttORNING: I put up the suggestion for that rear, depending upon how much. what the distance is bet~vean where the grade really drops off and the actual property line; a series of terraces might lend in rather th~ttt one massive retaining wall. If you made two or three terraces and adjusted the grade, it might make a more stable situation tha~ just a big drop-off. GEORGE KONNARIS: I w/il take that up with the engineer, and I guess that*s a good thing, whatever he says. I'm not the engineer. CHAIRMAN GOEHRINGER: We have a couple of really super engineers from the south shore that deal with erosion on the ocean, and they come out with some pretty good repons on some of the applications we have on the Long Island Sound. So we hope that the person you comac~ is someone that deals with those types of firings, not just the constructor of the wall. And I'm just pointing that out to you because it is very imporhant that we get this thing done. GEORGE KONNARIS: I understand CHAIP4M_&N GOEHRiNGER: Thank you. Sir'? NiCK LEIMONE: My name is Nick Leimone. I live at 5050 Sound Beach Drive. WeYe owned the house there for thirty years. I have letters here to show what has really transpired in the last six months. CHAIRMAN GOEHR1NGER: Coutd I just have the spelling of your last name agath? NICK LEIMONE: L E I M O N E. CHAIRMAN GOEH1LINGER: Thank you. And where do you live in reference to the property sir? NICK LEIMONE: Right beneath the property. CHAItLMAN GOEHRINGER: Okay, is there anybody else that would like to speak for or against this hearing? Please remember this is s prelin~inary hearing. MEMBER ItORNING: Can I ask this gentleman a question? CHnklRMAN GOEHRINGER: If he wants to answer a question. MEMBER HORNTNG: Pm glancing at this letter so: far you're talldng about 10 or 12 trees cut down and bushes. Pagen( September I9. 2002 I'mrtscnpI of Public Hcanng Zmfmg Bo~d of Appeals ~NICK LEIMONE: Thirty years of growth was cut down on my prnperty. MEMBER HORNING: What's your estimate of the height of the 10 to 12 trees? NICK LEIMONE: Probably between 10 and 15 feet. MEMBER ffORNING: What variety? NICK LEIMONE: No, I really don't. We didn't have any erosion problems until they took those trees ont. MEMBERHORNING: And thentheyjust disappeared? NICK LEIMONE: Wliichis onmypropc'nxy. MEMBER OLIVA: Was this in the winter that they took those trees out, Febrnss3r? NICK LEIMONE: Right. And I came to the Building Depanmem. Went to the Police Department and I have all the letters there. And I know someone went out to inspect it fi:om the Building Deparrmem and the Police Deparrmera. MEMBER ORLANDO: How far did they encroach onto your property with removal? NICK LEIMONE: Phkty feet. MEMBER ORLANDO: So it*s a significant distance then. NICK LEIMONE: Yes. l'hey tried to put a wall up and they stopped I don't know why they stopped. MTiMBER OLIVA: There.are some hoards there. NICK LEIMONE: Right. And then further down is my property. Those boards, that's their property ap to there. But all the barren sand below that is my property. MEMBER TORTORA: The thing that Pm concerned aborn. Mr. Leknone, is when you have a naturally sloping piece of propm-ty. Their property goes like tkis and it drops right down. And on their property, if they put a retaining wall to the edge of the property [sero and then they backfill in that, the pressure of that ss going to undercut it; just like it did w/th the Pappas the middle of last winter. They were fighting to save that entire bluff from comin~ down on the houses below. NICK LEIMONE: Well both of my neighbors are concerned. I'm surprised they are not here tomght. The one t~eighbor to the east of me has a retaining wall. but they made it out of wood. So actually sand can come through the wood. I guess that's the pressure reasons. 1 don't know. MEMBER TORTORA: It's okay as long as you don't backfill and put it a right angle on that If yon leave a natural slope and that's what I think, wliy I'd like to get an engineer's report on those CHAIRMAN GOEHR1NGER: Well they're not going to proceed until we do. That's it. NICK LEIMONE: Thankyou. CHAIRMAN GOEHRINGER: Thank you. rli make a motion closing, is that all right George do you have another question? MEMBER ttORNING: No I don't. Page 11, Sdlpterdder 19, 2002 l'ranscnpt of Public HemS2g Zomng Board of Appeals CHAIRMAN GOEHRINGER: I'll make a motion recessing the hearing until November 14th. SEE MINUTES FOR RESOLUTIO/g Transcript of Hearings BOARD OF APEALS ...... Thursday, September 19. 2002 Present were: J~[}~ - t}~ 2. Gerard P. Goebringer, Chairman Lydia A. Tortora, Member ............. George Homing, Member Ruth D. 01ira, Member Vincent' Orlandb, Member PUBLIC HEARINGS: 6:36 p,m. AppL No. 5~60 Miriam Realty. George Kommds, Arch.: We would like the Board to reconsider the objections from the building Department. If there is any more/nformation that I could submit at this time, 1 would be more than happy to: CBalrmai~: I have to tell you that we have an updated notice of disapproval dated SelYcember 16th: IS that correct? Mr. Konimds: Th~ is correct. Chalrmatx: We ore.now' at 22.7% lot coverage. It says on the back, although the apphcant has certitSed the lot coverage to be 22.7% the building department has detem:dned the lol coverage.to be 37+/- %. I believe the architect will explain ro us. that situation. Of how they arrived at that and the determination of the patio area. Which is the reason we are m 37%? Mr. Konnaris: That is correct Chakmam I just want to deal with a couple of issues. I have been to the site three times. I have study the site at some great length. It is probably the first time that we have sent a letter to Soil and Water Conservation. Suffolk County Soil and Water Conservation basically is an organization that gives us a pre-evaluation. We are going ro refer to this as a dune area. That hill is really a dune, even though it is almost totally constructed upon. In fact it is totally consucucted upon because of the house that is just being constructed on Summit Road on that right-of-way up the street. I am going to say that 90 to 95% of thai entire dune area is now constracted upon. The last inspection was Sm~day morning. Of course I knew that no one was m the house. On Thursday or Friday I had asked our staff to send a letter to Soil and Water Conservation to evaluate the dune. They are going to give you a pm-evaluation. This is the first one that we have ever asked for m a non- waterfront situation. One of the major concerns that I have. is that we have a pretty vertical drop off of that dune and I know that there are houses down below. I cannot tell you .do I know exactly wh~e the property hues go? and how far down that h/II and how far out straight that goes to a vertical. You are the architect. You need to re-nurture that in some way. Something has to be done there for us to continue with this hearing. This hearing will be continued and when we are in receipt of that, we will send you a copy of ii C ZBA Hesing Iranscript$ Regular Meeting of September 19, 2002 prior to the commencement of the next heating. Let's go back to the issue of lot coverage so everybody is aware of it. Mr. Konnaris: We applied for 27% coverage. I talked to the owner and we agreed to 27.7%. We msde the (inaudible) smaller and the patio much smaller. We came down to 22.7%. The Building Department came np with 37% today because they saw on the plans that we have a couple of steps going out to the patio and he considered it part of the coverage. I assure you we are going to have the patio as the same level as the back yard. It is going to be the stone grade. It won't be a raised patio at ali. Chairman: Is that going to change the December 26,2001 site plan which refers to A-0 or any of the other changes of the February 22, 2002 A-1 and so on? If it is we would like some revised plans. Mr. Kounaris: I just received the fax today, so I didn't even get a chance to revise the plans. I spoke to the Building Department and I explained to him. He understood it. He is expecting to get some revised plans. Chairman: O.K. Let me just ask you the last question. The wall that the Pappas' built, is that on their property totally?. Is the footing totally on their property'? Mr. Konunris: That I am not 100% sure. I guess we have to probe in order to find out whether it is an extended footing or if it is a ... Mr. Chairman: O.K. In your opinion, how far does the property line go out to the dune? In other words, where does the neighbor's property start down below? Are you familiar with that or would you have to research that? Mr. Kormaris: I would have to look at the survey. I will give you the answer right now, if you permit me. Chairman: Hold that question until the Board speaks and this gentleman and then we will give you the survey and you can give us your opinion. We will start will Mrs. Oliva. Member Oliva: How many feet from the edge of that slope is the swimnfmg pool? Mr. Kormaris: I would be 80' from the rear lot line. Member Oliva: I want it to the top of the dune. Mr. Konhads: It is indicated on the drawings. Member Oliva: According to the survey to the top of the dune it is about 27'. Mr. Konnaris: I know the pool is going to be 80' from the property line. Member Oliva: But we don't know where that property line is and how far down the slope it goes. Chairman: What we need is a dimension from that area where the property starts to drop down. We are extrmmely familiar with this and work with it every hearing on the Long Island Sound. This again t am referring ro this as a dune. We have to know that information. It is very important for us because when we start chipping away or moving things back towards the house, that increases that fbotage. Mr. Konnaris: I am sorry. The issue of the dunes just came up right know. I am not prepared for it. Mr. Chairman: It is o.k. It is a preliminary hearing. We are g~vtng you food for thought. Member Oliva: Also the one-car garage. That is going to be how far away from the propc~py line. Mr. Konnaris: It is a zero lot line. Page 3 o1'29 Re~l~ Mee~ng of September 19. 2002 Member Oliva: If something happens and you have ro get something back there in an _~ergency, how wo~d you do it? It presenm some mergency eq~pmenr problems. If ~n have a fge in ~e house, how are you going to get threw. .' KoOks: It is~ open ~ea. M~ber OI~va: You ~ve ~e new exmnsion that comes just about ~e ~e g~age. '~. Ko--d: We haye ~e ~veway ~at we cas continue into the back. M~ber Dlivm, How wide is ~at ~veway? ~Mr. ~o~s: g is ~o~ ~e kont of the g~age and s~t to ~e front. Memb~ DI?~; How,~y feet wide ~ the ~vewa~ ,, f~t. Ko~: f~e,~way ~ 9'9~: ~d it~ approx~atp¢ t20 from '~r Dl~a: on &;Other side of the house, how m~ ~et to the prope2y line? ~out ~. Kooks: Approximately. M~ber Oliva: So you need a v~ce for bo~ of ~ose? ~. Ko,aris: Yes. Member Oliva: How h~ is your s~ct~e going to be? Mr. Ko~m: k is a rwo-srou house. I ~ it is 35'. Member To,ora: The property involves 4 vafi~ces, lot cov~age, both side y~ds ~d the single c~ g~age., k is a lot of v~ance for a v~ s~l Cece ofpmpe~. It is a ve~ big house for a ve~ stall piece of prop~. The prope2y is only 50' wide. The ~o-sto~ house, looks like you got 10' ceilings~ Mr. Kooks: No, it is 9 ~d 8. M~b~ To,ora: ~at is 17, how do we get to 35'? Mr. Kooks: We have a pitched roof on top, wN~ch ~e ve~ mp pe& is a liffie less that 35'. Member To,ora: I see ~ow you were ofi~nally one-sro~, k looks lke it is a sro~ ~d a half now. ~. Kooks: ~e first floor is 4' above ~ade. Mmber To,ora: ~en yon look at tbs house fi-om ~e road yon ~e going ro see no~ing but a g~age ~d a house ~1 the way over to ~e oth~ property line. 35' tall. Mr. Ko,ms: We extenaed the house tow~ds the back about 6' only on the no~ side and 18' to ~e south side. We took away the re~ deck that extended even ~h~ th~ that, Member To,ora: I ~ow but on ~e whole extension it is a 35' t~l house. -' ~om ~e prope~ line ~d wMt mo~ts m 0 lot line on the o~er side. Thee is no way to get a fire veNcle bag ~ere. If there is a tim in the back of tha house, I don't ~ow how you ~e gong to get the ~e d~ment back there. ~. Komafis: We have about t~ feet between ~e re~ office house to ~e g~age. All that space is side y~d. Member Todora: On ~e o~er side of the house, you ~e at 7' ri~t now. ~at is where you have the ( I ~at comes out ~d the g~ebo ~d ~e new extension. My cogent stmds, k is a ve~ big house for a v~ sm~l lot. %at is why you ~e here for fo~ vm~ces. It is too much, Ch~: Mr. Kooks, that slab. is ~at a monolitNm porn* to code or is ~at just a slab for the g~age that presently exisB. ZBA Hearing T~ans_np~s Regular Meeting of September 19. 2002 Mr. Konnans: It is just a slab. Chairman: I think what my colleagues were alluding ro was that the fact that we...it is a precedanl of this board nor to close up the side yards. I personally I don't have any particular problem with. unless the neighbor has a problem, the gazebo on the other side of the pool were it encroaches a little into the side yard. I think we have a problem with the garage in that location and the height. Only because of the activity that may or may not occur. As you know the next door neighbor had some major faults with that wall. Now that we have the construction with this massive cement wall a4iacent to your clients property, hopefully that will make it more stable in years to come. We still don't know what the lip of the dune is going m do. Which Mrs. Oliva was referring m. I am not in favor of it from a health, safety, well point of view and it doesn't appear that rny colleagues to my left are. Member Orlando: To expand omo the garage slab. what is you guess on the thickness of that slab? Mr. Kormaris: It is 6". Member Orlando: 6" thick, re-enforced? Mr. Kormaris: I am not sure because it was done before I got involved. Member Orlando: I also see the challenge of just constructing that garage. Doing the siding on that side, you will have about 8" to swing a hammer. Mr. Konnaris: It is a challenge. Member Orlando: That seems ro be a problem for right there. No other questions. Member Homing: We will continue with the garage for a moment. Who sked the proposed garage site. Mr. Konnaris: We did sir. Member Homing: How did you get a slab poured, with or without a building permit? Mr. Kormaris: Again, the slab was there prior to me getting involved with the project, so I cannot answer that question. Member Homing: I don't understand that. If you sited it... Member Orlando: He just drew it in. Mr. Konnaris: What we will do is, we will probably take out the slab or whatever it takes Put the nexv slab down according to New York State Building Code. Foundations, footings and so forth. Member Homing: Did you client have any ideas of attaching the garage if they felt they needed a garage to perhaps the front of the house with that curbed concrete porch area is perhaps? I don't know why they would want to put a garage way back there. Mr. Konnaris: My client said if he can't have the garage there, he wouldn't have the garage at all. The only reason why I suggested to but the garage there, there was a slab there at some point and in my mind that area was ctedicated for a garage. I continue the same on that basis and I attach wall (?)and if you leave it away from a wall(?), it would creme more problems and that is ~vhy I designed it that way. Chairman: O.K. Member Homing: One question on the pool. You are proposing to dig the hole for the pool with large piece of equipment? Mr. Kormans: Yes st. That is prior to erecting the garage. age 5 o129 ZBA Hearing Transcript5 Regular Meeting of S ep~ber 19. ~q~-'"~ is, '~ '**,.~ ~t4 ~jf' ~.t~7',: "~ :~ Member Homing: And you wilI ~emove the soil and put it where? Mr. Konnaris: That is up to the corm:actor to remoYe. That is part of his job. He has ro determine (hat. Whatever are the to~vn regulations. Member Homing: You fell comfortable getting this equipment through that less then 10' wide passage way'fi)at is fire proposed driveway? Mr. Kormar/s: f spoke to a couple ofpeo¢le and they don't see any problem w/th it ChahTaan: I don't see any prob}em, George, as long as the garage isn't there. That is the problem. .What you are,goring to do for 'us, between now and the next hearkr~g, is very simple is to Check all thenotes and make sure that the new plan is.going to conform t0 yqur 22.7. ¢tonnar¢~': My plan now conforms [e 22.7. Except that the pat~o ~ the back. The ~ng Department viewed it as a raised patio, because of the steps ~t Mndicated on tl5~ ~lans. ~ didnJt have a chance to revise because of con'espondenc~ went so fast I indicated to them that this on grade and there is no steps whatsoe¥~r. Tke Coverage will incln~des'the ~d,di]~fion ~to the house, the sMmming pool. ~ke gazebo and the,p,0rcIk That is g~;;7~. That ~s very accurate. ~: Just aswe see it know, the depicted on the December 26, 2001 site plan that you have given us. Is that correct? Mr. Kormans: Yes. Chairman: We are gmng to be waiting for comments from Soil and Water Conservation. I would ask you possible to bring an engineer in and let him ~valuate the steeepness of that slope at~d how you can keep that slope in its present condition. Whatever~engineer you in[end to use, we would appreciate a copy of that report from them. Because of the nature of the swimming pool and the pressure on the swimming pooi and so on and so forth. 7he fact that there are houses down below. Member Oliva: Just the weight of that wall to on the whole area there. Chairman: Right. Mr, Konnaris: To answer that question. We already did higher an engineer, x~Vho went to the site and saw the slope and the situation back there. The owner already~ contracted a builder who did retaining walls in the area and his taking some measures right now. I think his doing a plan with soil, plant and wall. Chairman: We need to see that. Member Tortora: That could be a real big problem, because a retaining wall that was put up right in that area eroded so badly that it had to be reinforced during the Winter last year. It isn't just your property. There are properties below the bluff. If there is a fall out. it is going to come down on them. I don't know if pushing your property line out and coming ~n and backfilling all that. building it up as much as you can and slamming a retaining wall. is going to help. Frankly, ~s can hurt. What you are doing, it has a natural slope know. If you are going to backfill up so comes like this. then you are going to put oven more at risk. the house that below right now. Where there are YeW obvious signs of erosion Mr. Konnaris: t am not an engineer, that is why we hired one. The information we got from him, was that we better stabilize the ground, slope that existing right now. Because it already has started to wash down. There suggestion was to stabilize it immediately. ZBA Hearing Transcri?[s Regular Meeting of September 19, 2002 That is why we talked to a builder that did retaining walls in the area. Not just to retain our dirt from going ro the other property, which is the most proper thing to do. Also the adjacent property has to be the same. My client talked about this, I am not sure what the out come is, the goal here is to safely retain the gromad from just wasl'Fmg down to the other properties. And without a retaining wall, it is going to be a disaster. Member Tortora: Could you get us the engineers report and or the builders report, please? Mr. Konnaris: There is no engineers report, but there is a builder that we talked to. I will be more than happy to tell him to talk to yon. I think he talked to the Building Department already. They told him that it was not necessary for him to obtain a permit. The most critical thing was to stabilize. Member Oliva: Excuse me for interrupting, but it seems to be some attempts at one time or another to stabilize that bluff by putting boards down there. There is so much sand on there, that there is nothing that you can plant on that that is going to stabilize it. It is a very difficult situation. Mr. Kormaris: It is very difficult and it is very dangerous. I am not an engineer, but it is a hazardous condition and what information we got, it makes sense. I think it is the best thing to do. We have to put a retaining wall. One way or the other we have to do it. It is a big expense for my client he doesn't want to do it. He wants to keep the natural grade. It is a problem. All the neighbors there agree. If you need us to do further analysis. Chairman: We do. We need a report. Once we get a report from Soil and Water, we need you ro give that to the builder. Hopefully they will evaluate it. It is no cost. The problem that we have sir, is that we are totally booked for the next hear/rig in October. We have no other choice but to put yon on for early November. What we are saying to you over the next 4 or 5 weeks, please do whatever you cart to get us any information that you have. As soon as we get this report, we will forward it to you. Mr. Kormaris: O.K. Member Homing: I put up the suggestion for the rear depending on the distance between were the grade actually drops off and the actual property line. a series of terraces might blend in rather then one masave retamtng wall. If you made two or three terraces and adjusted the gi'ade. It might make a more stable situation then just a big drop off. Mr. Kormaris: I will take that to the engineer. Chairman: We had a couple of really super engineers from the south shore that deal with erosion on the ocean. They have come out with some pretty good reports on some applications we have had on the Long Island Sound. We hope that the person you contact is someone that deals with those types of things. Not just to construct the wall. It is very important that we get this tl~mg done. Mr. Kolmaris: I understand. Cha'mnan: Thank you. Sir. Nick Leimont: My name is Nick Leimont. I leave at 505 Sound Beach Drive. We have own the house there for 30 years. I httit6 letters here' m show what is really transpked in the last six months. Member Homing: I am glancing at this letter so far. You are talking about 10 or 12 trees cut down. Mr. Leimont: 30 years of growth has been cat down on my property. Regular Meeting of September 19 ~)~ ....: - ~ '~ .~- Member Homing: What is your astn~aate 0f~e~ght of the 10- ] 2 trees~ ~, Mr, Le/rnont: Probably between I 0 an~f 15'. There was a lot of bushes. We didn't have any erosion problems until they took those trees our. Which ~s on t~y property. Member Oliva: It was this Winter'that they mgk those trees oct? Mr. Leimont: Yes. I came ro the Building Department. Went to the~Police Department. I have all the Ieuers there. I know someone from the Building Deparunem and the Police Department went oat to inspect, Member Orlando: How far did they encroach onto your property with removal? · .. Mr. Leimont.,3.0'; Member Orlando/A si.'gui~cant distance. Mr. Leirnont: Right. They tried to put a wall up and then they stopped. .Member 13!tva: There are some boards there Mr. Leimont; Right. Then further down is my property. Where those boards are is their property up :to there, But all the baron sand below that is my property iV[ember Torrora: The thing that I am concerned about is when ,you have a naturally sloping p~leee of!propcrty, There property goes like this and sharp right down. On the/r Rroperry,,ffthey put a retain'rog walt to the edge of the property here and they back fill it. The presure of that [s going to under cut it. Just tike it did the Papas' in the middle of last Winter. They were fighting to save that entire bluff from coming dpwn from the houses· Mr. Leimoat: Both my neighbors are concerned. I am surprised they are not here tonight. The~neigb_bor to the east of me has a retaining walt. They made it out of wood. So sand can come ~hrough the wood Member Tortora: It is O.K. as long as you don't back fill and but it ar a right angle to that. If you leave a natural slope. That is whyI would like to get a engineers report on this. Chairman; We are not going to proceed until we do That is it. Mr. Leimonu Thank you, Chairman: I make a motion recessing the hearing until November 14th Orlando: Second· All ayes. 7:10 AppL No. 5183 Helen Booth Arfie Foster: Good Evening Ladies and Gentlemen. I am Artie Foster on behalf of the applicant. Helen Booth. I am here as her friend and her neighbor. I am sure you are all familiar with application. For the benefit of the record t jus~ wanted ro mention a few pertinent things. Helen is asking for a variance to construct a new dwelling with an insufficient side yard according to the present code. It borders a paper road which has no tax map number and probably would never be built on. She has maintained tiffs property unopposed for some 30 years, Since 1974 that I am aware of. Mrs. Booth previously lived in a mobile home which really disguised by some plywood siding and a peak roof that was put over the top of it. It has well surpassed its life expectancy. It really needs to be tom down. It still sits on its original steel frame. Helen would like to have a real house and I don't blame here. Everybody in the neighborhood would like her to have a real house, It certainly would Benefit the neighborhood as welt :as Helen. All the other residence that I have spoken with are all in favor of it, It would be good for the Town, Regular Meeting of Septmnber 19 2002 good for the neighborhood. I urge the board to give this application great consideration so site could have s good home. Thank you. Chaimxan: Any questions of this gentiemen anybody· Member Orlando: I have one question, is Helen still on well water or is it County water? Mr. Foster: We all have wells. Chairman: It is 3' on the Sound Ave. side I see to the property line? Mr. Foster: The garage would be that close. Chairman: 9'8" on one side and 3' on the other. It appears to me in reviewing the tax map that those lots on the other side of it look like they are virtually unbulldable. You are probably correct in saying that this would probably never be improved. Mr. Foster: I think this is a 50' right-of-way. Member Oliva: Mrs. Booth told me she has been try4ng to purchase that property and has been unable to do so. Mr. Foster: It shows no owner in the tax map and it has no tax map number. It is virtually no mans land so to speak. That road goes through as Soundview Ave. and there is another Soundview Ave. off of Henry's Lane that that is suppose to link up to. But there is a house now that has been built fight in the way of that. That could never happen anyway. As I said Helen has maintained that since 1974 that I know of. Member Homing: Sir to your knoMedge, is there a full foundation under the existing dwelling? Mr. Foster: No it is a house trailer and it still sits on the original flame. However. the flame is sitting on cement block skirting foundation. It is only about 4 blocks high. Member Homing: The proposed new structure will... Mr. Foster: It will have a fall basement. It is going to be a regular real home. Chairman: Just for a poin~ of reference, the issue of a paper street. Mrs. Booth could approach the Highway Superintendent and request the road be abandoned. They may split it right down the middle and give half to Mrs. Booth and give half to the neighbor on the west side. Mr. Foster: There is something in her deed in reference to that. She goes into 50%, Chairman: Thank you, sir. Is there anyone else who would like to be heard on this application? Seein~ no hands I will make a motion in closing the hearing and reserving decision until rater. Mr. Orlendo: Second. Alt ayes. 7:15 Appl. No. 5166 Christine McEnaney Chairman: I was down a couple of weeks ago and I saw your house. Mr. Homing, any questions? Member Homing: No I don't have any questions at this time. Member Tortora: The porch is...? Mrs. McEnaney: 36.4" X 5'2". I did not deduct the existing stoop area, Member Tortora: The existing front yard setback would be 35'2"? Mrs. McEnaney: Yes. Chairman: With the new proposed addition it would be 30 even. ~ Member Oliva: No questions. ZBA Hem mg Tlanscrlp~$ .(~ Member Orlando: No questions. Member Homi22: Can you tell us briefly how you feel this will enhance yom house? M~s, McBnaney: I don~ know if you have the picture of the house as it exist. Msmber Hgmigg: Yes. Mrs. McBnancy: It would, make the house look better. Chaln~an: Is there anybody else who would like to speak for or against this application? Seeing no hands I make amoiion in ~ios[ng this hearing and reserving decmion until later. . : Member Homing; Second. All ayes. 7:20 Appl. No. 5165 Snzanne M. Egan Jema/ffer Gould: M~ name is Jennifer Gould I am representing Mrs. Ega2~ who is here tonight if you have any questions. You can see we are nor as far along aswe would like to be. Chairman: Ms. Gould there was some concern on a prior heating which has nothing m do ~ith this hearing except that the fact that the board members cannot physically see the structure in its completed fashiom So what we did in that particular applicatio'n was i/lust happened to be last month, was to but a coveat or addition to the application so that the board reserves the fight to review and inspect the premises prior to the issuance of a C.O. Ms. Gould: Upstairs will be the B&B portion. Three bedrooms each with its own bath. Downstairs will be the master bedroom and bath. As you can see it is a .rfice piece of property. It is 28 acres that goes all the way back to the Sound. The development rights have been purchased by the Town on all of the parcel excepm of thc 2 acres which all the buildings are within that parcel. Cha/rman: You are g~ing m provide on site parking? Ms. Gould: Yes. We have proposed 5 spaces. It is on the site plan. We have plemy of room]l[or parking. Member Oliva: The winoow will be at the proper size and you will have at each bedroom winde~- that there is a rope ladder from the second floor. Just incase of a fire. Ms. Gould: That is no problem. I think the building department does its own separate inspection for a B&B. They different requirements. Chairman: Is there anybody else who would like to speak in favor or agains~ this application? Hal Poshman: Hal Poshman, I am from Orient. I have a question about the map. There is a figure that represents a rectangle with a dotted line and there is another line identified as a proposed property line. I would like to know what the dotted rectangle represents and I would like to know what events will make~ the proposed property line a natural property line. Ms. Gould: Part of the problem here was, what you are seeing is from the south. We have a big mal: I can show you out side. This is not the property line per say. This is part of the property that has development rights intact. ~he rest of it that goes out, no building can be in that part. Mr. Poshman: And this... Ms. Gould: I can show you on the map. Ms. Gould showed Mr. Poshman the map. Re~u]ar M'eetin~ of September 19. 2002 Member Orlando: According to the survey we have know. there has been some rnoves of some of the barns and sheds. Ms. Gould: All with permits Member Orlando: They are nor gmng to get any closer to the parking then5 Ms. Gould: No. This has been moved closer, but i don t think they are encroaching on the parking area. Member Orlando: Is there an intended use for the third floor. Ms. Gould: It will remain attic. Member Orlando: Not habitable. Ms. Gould: No. Just storage. Member Tortora: The parking, spots 4 & 5 are about 20' from your property line on the mare road. Ms. Gould: The arch'ttect did the proposed parking. I think what he is saying is the entrance in will be 20' up the drive. To go to the actual parking spots. Member Tortora: It looks like the width of the drive he is proposing is 20' and then if you look to the righl of that, see the 20'. Maybe you can put some kind of shrubbery. To buffer. Ms. Gould: I think that is part of the whole plan, to landscape. Mrs. Egan: We would be happy to create a screen of trees if that is what the board would like. Member Tortora: Some kind of buffeting, ro keep the residential charactor of the neighborhood. Mrs. Egan: Certainly. We will do everything to make it look nice. Nora Konant: I live in Green Acres. My property is adjoin'rog it. My question is what would be the access to the rear property to the guess and how would they get there. Mrs. Egan: It is my assumption that the guest would walk. The existing roads are farms roads. I will have driving ponies on the property eventually. They could have a tide. The road is really a walking bath. Except where Terry Farms property is. It is tn use as a farm road. currently for the fields that he does farm. Ms. Konant: Would the pony's be on the 26 acres or the 1.8 acres. Mrs. Egan: The stable for the ponies will be on the 1.8 acre parcel. I assume that the corral would be on the 28 acre parcel. Not near your property. Mary Ryder: I also live in Green Acres. I am the property that has been cleared to. There was natural landscaping all the way to my property line. Is anything in the making for that? Mrs. Egan: Yes. We are going m put a screen of fur trees along there. Mary Ryder: How close in proximity will the horses be strolling. Mrs. Egan: Not witlfm 100' of your property, Waste of said ponies will not be stored there. Ms. Gould: I just fVanted to say to Mrs. Ryder that there are code previsions on how close /he horse can be to your property line. It is at least 50'. Chairman: Anybody else 1/kc to speak. Hearing no farther comment, I make a motion in closing the heating and reserving a decision. Member Orlando: Second. All ayes. ~BA Hemmg Transcn/~rs P~eg~lar Meeting of Septefaber 19. 20~2 *~ ,}~ '~' 7:35p.m. Appk No. 5168 - Antoae ~d Ger~diae Berkoski, 7o~y Berkoski: ~have a 2 acre parcel on Cox laae. I aeed ~ accessory b~ because ~ere is no attic space. I work on trac[ors as a hobbie. I need someplace topu~ ~ instead of ta~ out in ~e ~d. My prope~y ~s next to ~lb (the viney~a,. A huge Moron b~I~ng m back of me. Dave's old Moron buil~ng across ~e s~eet. [ m t~ing ro beaufi~ my area. That is basically k, CMi~ Howbig is the b~? Chrism: How tall is it? ~. Berkos~: I ~i~ k is 28'. Chai~an: You need to check the heist wi~ the B~l~ng D~a~enr. ~. B~kos~: Maybe it is 18. X~atever the Bulling Dep~ent w~ts it, Chai~: ~at ~e y~ going to have in ~ere? Elec~ci~ ~d heat? ~. Berko~i: Down s~s Elec~city ~d heat, Me~er Ho~mg: No questions. Me~ Or,do: No questions. Member Oliva: No qu~tio~. Member To,ora: No questions. ~ai~: Is ~ere ~yone who wo~d like to spe&? See~g no h~ds a m&e a motion in dos~g ~e being ~ resting decision ~til later. Member Ho~g: Second. Ail ayes, 7:40 Appl. No. 5164 Vicld To~ Vic~ To~: Vicki ~d Wilham To~. I have some letters from o~ neighbors. ~en my husband was Ztfing the location for the foundation. I don't ~ow how it happened, but as you c~ see from o~ su~ey o~ rear property line is at an ~gle. We skuated the barn to be more th~ 40' ~om the rea property line. In hct it is o~y impacting ~e rem right comer of the actual b~ itsel5 It is offby 3 1/2'. It is 18 sq.g. The re~ offs s~cmre is not where the horses me housed. ~e rem of t~e structure is where we store all our garden equipment, tools. My husb~d does cons~tion ~d he h~ some of hs eq~pmenr in &ere too. ~e horses me not actually housed ~here at the rem of the bm. They am in ~ont of the bm ~d there is a wa~ ~at diodes ~e ac~al stable ~ea ~om where we ke~ ow tools ~d equipment. Cha~: These t~ngs happen ~om time to ~e. I underst~d that. I have no objections. Mrs. OF~va Memb~ Oliva: No Member Toaora: No. Member Orl~do: I live do~ by yo~ mea. I have seen the evolution from ~e house to "fences ro ~e b~, so I comend you for y6~ dilegents. William works on it 24/7. Baic~ly by,~mself. He has done a ~eat job. It is nice to have a neighbor like that. No questions. ChWm~: ~at do you have in the bm? Just elec~ci~ and water? ~s. To~: ~t, ZBA l-I caring 'i: unsci'ip is Regular Meeting of September 19, 2002 Member Homing: How many horses and other animals? Mrs. Toth: 3. tt is a four stall barn. tt is not something ttmt we are renting out or an~hing. It is strictiy for our pleasure. Both my daughters ride. They show and wsx~ted the horses home since we have own them. Member Homing: You are abiding by all the Town Ordinances regarding the number of animals and such.? Mrs. Toth: Yes we are. Chairman: Is there anybody else who like to speak in favor or against this application. Seeing no hands a make a motion in closing the hearing and reserving a decision until later. Member Orlando: Second. All ayes. 7:45 Appl. No. 5170 - Fotios and Fotini Kikiras Fotios Kikiras: Handed in letters from neighbors to Chafrman. Chairman: O.K. The purpose of your temporary structure. I assume, is to house your cars. Fotios Kildras: dnaudible-low voice'} Cha'trman: Is there any particular mason why you chose the location? I know it is closer to the house and to the driveway. Mr. Kikiras: It is closer to the house and it is the only section on the property where we have black top. When we bought the house, there was a small indentation where it sits on. The previous owner us to park is cars there. It is the only part of the property that is sheltered from the winds that are coming off the Sound. The back part of the house is exposed. Chairman: What are you going to do with these cars? Are you eventually going to repmr them? Mr. KJldras: In audible Chairman: Is there any period of fmae that this canvas will last. I have been on this Board for 23 years and we very rarely ever grant temporary buildings, which this is, I would like to put a time limit on it. Is there going to be a time when they may be running and you may build a more permanent structure? Mr. Kfldras: There is. Financial not now. Also eventually we are going ro put something more permanent. Member Tortora: The only thing I am concerned about is that it does have a life expectancy. When you do rebuild it in a conforming area, yon wouldn't have to build ir in the front yard. Mr. F, Likiras: Yes when we build something we will build it with a foundation and so on. Member Oliva: You do have room in the rear of the house. Member.Tortora: In other words, if we where to grant you a variance to allow you to have this structure here, it would be for only this structure. It wotdd not be for a perminanr Mr. Kik'rras: This is only a temporary structure. When we are able to build sometlY~ng more permenanr, then we will go around the back. As far as this structure goes, there isn't any where else we could put it. Member Orlando: How long has this been there? RsSularMeedngofSe~:[ernber lc~ 2002 Mr. ~iras: It has beer_ there about a year. Before we did put ~ up we seeked approval from the Building Depmmem m au~blel. Member Oli~a: Do you have ~y idea of the rune ~e? Mr. Kikiras: It is not goi, ng to be to long. Member Orl~do: So ~e town didn't ask you to come in for t~is pe~it? Mr. Ki~as: No, ~e did. Almost 2 months ~er k wear up. I have had people ~ ~e bail~ng dep~en/tell ~ I wo~'t need an~g, That is where.it stmed. Othe~se I wo~l~'t ~t it up. M~mber O~l~,~o 9t~r qces~oa~. ~mb~r H~g~o~ is ~is s~et~e aa~hed to ~e gound7 ~-. ~ras: R i~ cet~ pip~g.~&'~jx aachors on tach si4e. Member Hb~i ~tow deep is i~ Maybe ~' de~. Mr. ~as: Prob~ly ~:bit more, ~er~ is~a cab!mthere attachM with.it .... M~ber ~g;~'~*~a~is ~e ~pect~ l~[e ~pe~cy ofthelop of~m s~c~e? Mr. ~kiras: They.~ld:~;i~ ~a~ ~t~& ~r 5~ 6 yeas. I don't ~ it will hold out. Memb~ Ho~ }f we ~t a time li~t.~ the~c~e of 5 ye~ ~ less you would have no objection m tha~ ~. ~kiras: No. Ch~: Is there ~ybody else who would l~e to spe~ for or agK~nst ~is application? h the back? Mrs. Moisa: Sus~ Moisa. ~. Moisa: I m Eugene Moisa. We ~e adjo~g neighbom to the property. To ~e east. Mrs. rhomas: I am Jan Thom~. Hive a~oss the seeet from Gene ~d Sue. Mrs, Moisa: I have pic~es here for you. The s~c~e itself is not a good looking s~c~e. When the ~d blows it m~es alot of noise ~d it is not a proper place for it. ~. Moisa: ~ the Win~r t~e with thereis no foliage it re~ly studs our. The pi~e of the fence is ~om my back y~d. I have to l~ok at ~at thing eve~ day. I would say it has been there almost a year ~d half. nor a ye~. Mrs. ~omas: I just like to say ~at it is basically ~ eyesore. R is ugly ~o look ar ~d you do see it. At a t~e when ev~body is ~ng to do ~e best ~ey can despite fin~ci~ con~tions to m~ ~ prope~ies beanti~l, it just doesn't seem right ~at ~t is plopped fight in ~ont of~e house~ ~ey do have a nice big piece ofprope~y. Chai~: Any.questions. Mr. Moisa: I had ~ accessou b~l~g out back, which Jo~ ~om the Building Dep~m~t inspected. My nei~bor cme ove~ ~d he told ~m ~at ~at was ~ accesso~ building which did not confo~ to the town code. C~ai~: That is why ~ey ~e here. It x~ll be up to ~is bo~d to m~e a dete~inafion one way or ~Other. If it is ~mg m stay for a shod p~od of time or it is nor going m stay. Mrs. Moisa: Irwas my ~derst~ding ~at a s~c~e of that kind could not go in ~ont of the house ~y. M~ber T~om: It c~'t ~less ~e B~d ~ves it approv~ to do it. Mn ~ras: Conce~g ~e u~iness of ~e b~ld~g, I have no probl~ pu~ ever~eens ~o~d iL Concming ~e date ~at it went up. T~s is a receipt of When itw~ ZBA fieariltg Pi r~ulsci'lpts Regular Meeting of Se?ternbcr 19 2002 purchased. It was purchased the 24th of August. it didn r ge up until maybe 2 weeks after we purchased it It is just o~ver a year old. The resson that we are here tomght is because we did come ro the Town Hal1 and we did ask whether we could but the structure up m that ~por belbre we bought it We were told that we 51dn't need ro apply for a permit They didn't even know what type of application re g~ve ro us. Then after it went up and after the complaint went through we got a ws~t from another inspector. Chairman: Are you sure there is no other location that you can put this? Mr~ Kikiras: There really isn't. You are more then welcome to come take a look. The back part of the house is completely open in the Winter time. It is the only place that we have black top. If we were ~o move any where else we would have ro put down concrete somewhere. [t would be something more permanent. Member Homing: You have the chance to move this structure as maybe an attached garage and something that would be conforming to the code. Chmrman: I will be out to remspect it. Any questions? Seeing no questions, I make a motion closing the hearin~ and reserving the decision until later. Member Orlando: Second. All ayes. 8:00 p.m. - Appl. No. 5169 Northeast Overseas Trading Co. Ms. Mesiano: My Name is Cathy Mesiano. I am here on behalf of the Northeast Overseas Trading Corporation. We are here requesting a variance for an as built deck. The deck is considered ro be non-conforming because we are mainrmning a rear yard setback of 10.3'. The required rear yard setback is 35'. The existing house has a non-conforming rear yard setback, for which there was a variance ~anted a number of years ago. We are here tonight on the issue of the deck. I first like to ask you if you have questions, Chairman: The question of course is how did the deck get built? Ms. Mesiano: I don't have a good explanation for that because when I asked the owner. He said I just thought because I walked our the back door right straight on ~o it. it was at grade ar the back door. I didn't know I needed a building permit. So he put up the deck. I can understand why he would want a deck. This is m an area j~ast south of Kermy's Beach m~d in that dune like area. That whole property is sand. The only landscaped area is in the front yard by the septic system. Which is naturalized. The entire hack yard is just sand. In order for them m have any use of the yard what-so-ever, some type of platform would be necessary to use it. I was glade that he at least used wuod instead of brick or patio blocks or something like that. I think that would have caused an erosion problem with the water running on i~. As far as the existence of the deck... Member Orlando: When was it constructed? Ms. Mesim~o: tt was constructed of the first couple of years of the house being constructed. I th/nk it was around 1997 or 1998. I don't have the exact flare. Member Orlando: Why does he want to come into compliance now? Ms. Mesiano: He S6[d the house. The_ requirement under the contract of sale was to provide a C.O. He provided a C.O. and it came into light that he didn't have a C.O. for the deck. When he came into the Building Department for the C.O. for the deck, he learned ag. ain that he .did in fact need this permit and that it didn't need the required setback. Member Orlando: So the owners bought it even though it didn't have a C.O. for the deck? ZLBA kiear mg 'hm~scr~,pt~ Regular Meeting oESeptember 19. Ms. Mesian ): I was not ~nvo~v~ in that. I don't have ~y idea what there ageement is or what ~ere expec~auon ~s. Member Orlm~do: No~heast Trading is the previous owner? Ms. Mesi~o: Yes. Ch~an: ~e is no indication ~at tke deck is going to be enolose4 in ~ay? Ms. Mesi~o: No. It is not ~at ~e of s~c~e ~hat wo~d acco~odate enclos~e ;~thout a lot more work. Member To.ora The reason I Mve problems with thia is ~at ~e last time we saw t~s a~ligation was m 1999. ~en we ofi~nally saw it., the house was ~der cons~otion ~d the ho~e. the foundation instead o~b~g 35 ~om ~e rear pro9eW l~e was 32. He c~e for a vm~ce ~d we g~te4 it. These ~ happen. ~'ee y~as lat~, h~e we are ag~. ~is Iooks 1~ abig mis~e. ~at i~ ~e size of~e d~k? ~. Mesi~o: It is 24 X 26. M~Mr Tonora: ~ is 24 X 26 ~d it is 10' from ~e prope~y line. ~e pr~eny b~ind you is yacht?, Ms. Mesi~o: Yes. It is ~ [ ~aped piece ofprop~ that ~aps around this piece of property. ~ere is not ~oth~ p~cet bedrid ns that wo~d constitute a b~ldable lot. We did ~ t~ough ~ excercise before this house was even b~lt to au~pt to purchase the ;l~d beh~d this from ~e nei~or. (TAPE CHANGED'} Ms. Mesi~o: I would l~e to s~mii photos to the bo~d. Ch~: Anyone on the bo~d have ~y ~her questions? Member Oliva: I would like to ~ow why you couldn't cut that deck back to m~e it in compli~ce? Ms. Mesi~o: The whole t~g would have to come off. If there where a way to bhng it mto compli~ce ~at c~ainly would be ~ option that I would have recommended. Member Homing: ~at is the m~im~ heist 2om gade? Ms. Mesi~o: It is between 6 & 8". ~al is at the ~stem most section at the house. It is basic~ly at ~ade. I have t~en pic~es that show tkat. You st~ om the back door, there is no st~. It is set on a 2 X 8 which is set on what looks l~e 2 X 6's. The 2 X 6's ~e set in ~e s~d. At the point where it attaches to ~e house, the 2 x 8 is basic~ly covered with s~& It is basica~y at gade. Ch~: Anybody else have ~y questions? Member Homing: She has said nothing else would be done if we g~red ~e v~ance? It would never be increased in size? Chai~an: We would put a resection on it. Ms. Mesiano: I have no problem M~ ~at at ~1. Ch~: O.K. Is thee anybody else in ~e audience that wo~d l~e to spe~ for or agmnsr ~s application? Seeing no h~ds. we th~ you, Ms. Mesi~o. Th~ you for the pic~es. I m~e a motion in closing ~e hearing ~d r~e~ing decision ~ later. Mmber Orl~do: Second. ~1 ayes. Meeting of S e?lember 19, 2002 8:16 p.m. Ap]; L No. 5175 Thomas and Karen Uhlinger. Mr. Uhlinger: Mv name is Torn Uhlinger. t am here to request a front yard setback for the construction of s new front porch Chain:aah: I have rnspected the property and this was the otig~nal Hannabury house. The house is relativelv old. is that correct? Mr. Uhlinger: t888. Chairman: It is probably somewhat similiar front porch? I may have been replaced once or twice? Itte increase you are asking for. Mr. Uhlinger: 2'. Chairman: I don't have any objection. Member Homing: No questions. It is pretty simple. Chairman: It is going to remmn open? Mr. Unlinger: Yes it is. It is not going to have a solid bottom. It will have ballest. Member Orlando: No questions. I stopped by. It is time for repair. Mr. Unlinger: Yes it is. Member Tortora: No questmns. Member Oliva: It is a beautiful place. Chairman: Is there anybody who would like to speak for or against this application? Seeing no hands. Member Homing: I make a motion to close. Chairman: I seconded it. All ayes. 8:20 p.m. Appl. No. 5167 Robert J. and Maureen C. Voelkel. Robert Voelkel: I am Bob Voelkel. Chairman: Good evening. I had the pleasure of being over at your place about a week ago. Do you want to tell us what you are doing? Mr. Voelket: Yes, we would like to request a variance to put an addition on the house. We would like to relocate our garage to the east side of the property or the east side of the existing structure. We are going to convert our existing garage into a den. We would also like to put in a circular driveway, so that we have better access off of the street. Right now we back out onto Pine Tree Road. I am trying to keep everythfug as far away from Skunk Road as we can. Chairman: This i's merely a setback situation, is that correct. Mr. Voelkel: Correct. We want to stay on the existing building line. The existing structure is approximately 33' from the road on the Pine Tree Road side. We are going to maintain that existing setback. Member Oliva: No questions. Member Tortora: No questions. Member Orlando: With have two front yards, it kind of limits you right there. If this was a side yard, you would be with/n the code here. Options are F~mited. No other questions, Mr. Voelkeh We are trying to stay o£the Flood Zone and my neighbor has a Winter water mew and if we put anything in front we would obstruct his view. Member Homing: So the Flood Zone goes right through the existing structure? rage 17 Regular Meeting of Septernbe~ I9. 2002 Mr, Voelkel: Basically, yes. Menther Homing: Any problems? Mr Voelkel: No, We lnoved in right after the tnalloween storm of 91. There was some water the on the property, not near the house. D¥cember 1 lth. 92 there was a little more water on the lawn, but we have not. had any problem in the house. Member Homing: Is that a full basement? Mr. Voelkel: Yes it is. Member Homing: Underneath the garage? Mr. Vnelkeh Not underneath the garage, just the rest of the Muse. ,, Member Horulng: The garage has a stab? Mr. Voelkel: Yes. Member Homing: It will remain that way, Mr. Voelkel: It will remain that way. Member Homing: Thank you. Chairman: Is there anybody else who would like to speak in favor or against this application? Seeing no hands I make a motion to closing the hearing and reserving decision until later. Member :l'ortora: Second. All ayes. 8:23 p.m. Appl. NO. 5158 Martem Management, Inc. by Artemios Mahnakis. Mrs, Moore: Pat Moore for the applicant. To give you a little history here. In 1981 we had applied for,this tennis court on the parcel that my client owns behind lot 23 on the map of High Point in East Marion. The neighbors objected to the placement of the tennis court there. My client owns the road. We did proceed through with abandomnent and got it. That road is. can no longer be used as a road. He owns the piece to the south. The location that was recommended ar the time. was in this area because it seemed logical. Keeping that as an open lot as it presently is. We have progressed through that process. It has taken a year to get here, but we are here. Chairman: Can you move the termis court on to the property a little bit more? Mrs. Mooret We do own lot 21. I guess we could move it a little bit. I will check with the client and I will see if he wouldn't mind mowng it over. Any recommendations. Member Oliva: As close as possible. Mrs. Moore: The tennis court needs a fence. So you don't want to block out access around the house. Member Oliva: He is kind ofmaxed out. Mrs. Moore: It is kind of close now, I think we should maintain at least a t5' set back from the house. To keep emergency vehicles access around the structure. Member Orlando: Maybe they can shrink the whole thing. 120 is a little long. I think the last one we did was 110. ' Member T6rtora: And that was with a'back aplash. The 60 x 120 is just the fence area. Mrs. Moore: That is just the fence. I wiI1 confirm that. The surveyor drew it. Chairman: We just took a substantial mount of testimony on One in Southold. We have found that these clay courts seem to be much more effective in reference to the noise level. Could you please ask your client how this court is to be constructed. ( Reg~.~/ar Meetir~g ct September 19, 2002 Mrs. Moore: I will kheck. Clay courts are also very expensive. Chairman: It is ~ new type of situation It ~s not a clax court. It Is i composhe material. We understand that. We know what clay courts. Mrs. Moore: O.K. Size ms*eriaI and setback Member Homing: Mrs. Moore where the adjacent nmghbors properly notified5 Mrs Moore: To my knowledge they were. We are actually the adjacem neighbors. We owner 23 and 21. I double checked the tax map and we sent to the people we where able to send to Member Homing: Is there an issue with lighting? Mrs. Moore: I don't believe this is going to be lit. Member Homing: The other letter refers to lighting. Mrs. Moore: I didn't have any notes asking for lighting. I assume it is not going to be lit. I haven't ask for lighting. Member Homing: You will assure us that it is not lite. Mrs, Moore: I will confirm. In the past lighting was requ'n'ed to be included in the variance. Member Homing: Right. Thank you. Chairman: Do you suspect that we could clear this up, since this has been going on for more then a year. We realize that the road abandonment issue took some time~ For the members of the Board that were not here when this application was with us. it was an application one of those legal lots. Which meant that only the tennis court would be the only structure on that lot. That is when I had suggested the road abandonment. Possible we could wrap ti'tis up on October 3rd ar our special meeting. I would like to do that rather then take any more time. You could get our answers from your client. We could inform these people that we are going to reconve~e it on October 3rd. Mrs. Moore: That is fine. Chairman: Is there anybody else who would like to speak at this hearing before we recess it. Emanual Karivanos: I am Emanual Karivanos. I own a home on Stars Road_ East Marion. My property is maybe 2 or 3 lots from Marinakis property. Just for a point of information, Mr. Bombiediere, who is not here today, he did not get a letter. He saw the notice that was posted on the property. I got the notice late myself, so I am no~ prepared as I would like to be. Nevertheless, I am currently the secretary of the Stars Road Beach Association. Mr. Bombiediere. is the President and Gary Parker, who is not here, he is the vice- president and Kay Falkowski is our treasurer. I spoke to the board last night. There is 27 of us the road. I tried m canvas as many as I could about this issue. I apologize about the lighting. I thought there was lighting. I reached ten people.(tte named the ten people). Without a doubt we where veryupset a few years ago when an acre and a half or so was cut down of trees on that property. You must wonder wiry you would put a tennis court after enttmg down the most beauttful road ~n East Marion. W~y thdnt yon conmder putting the tennis zourt in the wooded area so it is not obtrusive and out of the way. I think that it is not appropriate to put a tennis court on Stars Road. I tl-fink it would be :¢ery unsightly. The polo grounds in Greenport is where the tennis court belong. Certainly it should have done when there was woods there. Before all the woods where cut down. Re~ular Meeting ofSeofmnbe~ lg. 2002 ~f~" -Chairman. Could you give us a lelter of all the peo[ [e you have conlacted? So we could have, that for the record. Mr. Kafivanos: Yes. I will send a le~er with the p~epl¢ who made the objection. Some of the here today. Member Oliva: When did you get your notification? M~. Karivanos: I got it through a friend because is was posted. 1 don't have to get a letter notice'because I am not adjacem Utiainnan: I j~st wanted you to be aware that we had an application in Mattituck down by ;~W.~olf Pit~Lake~ Taese where somewhat larger lots and tkere was concern by t~e neighbors there regarding a tenms court. Woods can be created. Landscaping caa be created~ ~[ am nor saying that I am in favor or acinst this appli~a:d0~, Through. landscaping anytffing can be created. We are tulldng 160 feet of ~bbrevlary ,m, erie dtrecbon and about 240 feet o:f abbre'ciaty in the opposite dkection, ~o a maximum of helg~gl oi; 6'~ to 8~ high continuously maintained. So ]~ am just telling you that maybe the board wan~s re eons/der some type of landscaping or semen/rig as apart o£an approach: Mr. Kadvanos: That would sound alot betrer I just w,an't to make one othertpoint. At the time when the trees vcere: cut ~lown~ if it was for a. neighbor; ca!liag,~e ~Tg~ and saying that do yo~ know that this is being cut?. A permit was dr>ne~after the fa~t..I believe there is a 40% rule or,trees being retained or somet~hing like that. We will raise ~he~objeetion. I think we will have everyone erie the board on SCars Road here.. Thank you. Chairman: Is there anybody else who would like to speak. Dorothy Rose: I live:on Stars Road. The tennis coufid itself where it~is supposed to be, I am directly infront of the two lots that he ~ust cleared out, across the street~ The tennis court where it is going to be will no~ be r/ght ~next tp, me.~ The l~ig ,t~ng that I want to make sure is that there is no l~ghting, I wouldn't~wanr ~hat to be go/ng:pr~ 10. 1'1 O'clock at night. Bing,bang,bang. The reason 1 bought~ this property is because, iz wooded. Why he bought wooded land and took all the trees down is beyond me. Because right behind'him. he could have bought the same property and got an acre for what he paid for a half an acre. tt kad no trees, it was all farm land. Thank you. Chairman: Last call before we recess. Seeing no hands I make a motion recessing to 7:20 or there abouts on October 3. Member Orlando: Second. All ayes. The Board took a ten minute break, and retomed. 8:55 p.m. Appl. No. 5163 - Nathaniel and Susan Kwit rom Samuels: (tape changed, didn't get belcnmng) I was hired a year and a half or so ago to add on re and other wise ~mprove this house which was originally a fishing shed or scallop shop. It was moyed to the site when the creek was orig/nally dredged maybe the 40'g. As 15art' of the picocess we were evaluating that building re see how much could happen with it. We realized there was certain limitations. Also around that time this Board had decided that pre-existing grandfathers were no longer a grandfather site (footprints). They were not longer sufficient to allow extensive renovations and additions. It became clear togethere with the condition of the building that we were going to be here an/way. It probably made sense to look a~ this as a new structure. When we made that detemfination it also made sense ~c us to consider moving n back ff~rther from the wamr front and the rem' yard setback. Dec~easing the non-conformity in part becausc it was Mr & Mrs. Kwit's preference and also m pa~ because we though~ we could confom~ more the code than the existing building. The desl~ fllat we came up with did do that. Not by v~y much. but we are ~nher back from the water. And in all other ways confoxn to the setback requirements ~d the percentage coverage requirements. We are awaiting a letter of non-j~sdicfion from ~e DE C. We are going to apply sho~ly, depending on this decision, to the Bo~d of Trust,s and have eve~ good reason to expect a pe~it from the Health D~nent. Ch~: Mr. Smuels I ~ow ~. & Mrs. Kwit_ I have been to the site several txmes. I thi~ it is a good pl~. [ have not objections. Mr. Homing, to yon have any questions? Member Ho~ng: You have existing brick wal~ay ~d te~ace, w~e you proposing as new also? ~. Smuels: The existin$ brick te~ace, we wo~ld like to rmain. It does not encroach the existing. We wo~d like to leave ~at. Member Homing: From ~e ~veway ~ea. what is c~ently in betwe~ ~e existing brick walkway a~d the ex~ting house? ~. Smuels: Thee is a little bit oft~s bdck tepee. It comes fi~ to Member Homing: Oh, it goes ~t ~o the house. Mr. Smuels: Yes. Member Homing: Co~d yo~ ctient conceivably move ~e whole new s~c~e closer m circular driveway? Mr. Samuels: I suppose it is mnceivable, but we are not encroach~g on that side_ I don't ~ow if il would push us back from the wamrsedge that much. There is established l~dscape, big trees. More to the point, I t~ it does not really in~e~e ~e setback. Member Homing: How about changing the ~gle of ~e placem~t of ~e building~ Mr. Smuels: I ~i~ that placement is probably is ~ e~ci~ as it could be ~ reg~ds to the road and ~at southerly bo~der. ~e it abuts the Tuthit prope~. I thi~ that it is actually a ve~ ti~t li~e package of a foo~fint there. An ~ing wo~d probably o~y m~e it encroach ~her m c~n places, tt is o~ imenfion to increase the s~backs. Maybe you have a pom~, t m ~a~ly be willing to... Member Ho~ng: I me~ you are not proposing ro increase this v~ much. Mr. Smuels: ~at is ~e. Chai~: Mr. Hom~g let me just mention somet~ng to you. Next to this piece of property is a private m~na ~d a p~king lot. So the only real job ~at you have. is looking at ~e map wh~e it says site pl~ and you see ~e no~, ~ere is a little jog wh~e boaB are docked. ~at goes down sever~ 100'. Then there is a private residence. On ~e o~er side of this p~hng lot is a yacht club, There ~e re~ly in tiffs ~ea o~y two house. Mr. & ~. Kwits house ~d ~other private residence which is actually on the' bay, adjacent to the yacht club. I just w~ted to point ~at out m you. Mmb~ Homg: Th~ you. ~e floating docks in c~al ~ere ~e owned by fl~e applic~t? Ch~: Only the one in front of~e house. Regular Meeting o{ September 19. 2002 Member Homing: And the ones to the right are par~ c fthat mmina? Chairman: They art pa~ of the Tnthill prpper~ Mgmber Hommg: ~ere is ~e ~mfina then? Chai~; I will show you, Member Hormna: ~tright. Th~ you Chm~: It is a.wooded lot where the m~na is except for ~e p~king area m the center. W~bh is ~ass. ~.~S~uels: Ther~ is also ~e private m~na m the no~h which is the En~e~isher Cka~: ~h Amd across ~e way is ~o~er ~vate M~ber ~o~ng: Se ~e is some pre-e~sting ~ctors h~e which have impacted t~s Ch~: Yes. Mr. Orl~do? M~mb~ Orl~do: No qu~ons. But if we did approve a v~ce ~ Tms~es could nox ~vayou a p~ml to b~ld ~y way. Yon ~e aw~e of that. Mr. Samuels: Yes. I m aw~e of that, With~ a 100'. I haw disc~sed it with them: Bm y~s yo~ ~e ~t. ~at w~ ~e doing roy ~e Trustees is mov~g the exist~g s~ita~ syst~ 100' away from ~e w~l~ds. In my diseussiq~ ~ the Trustees, ~y felt ~at ~ mason~le mitigation. M~ber Orlando: No other questions, M~mb~ To,ora: How f~ back will ~e new house be from ~e fo~ cons~cfion? Mr, Smuels: I don't haw tha in front of me. It is ~out 10'> Me, er Toaora: So it will relocated appro~matdy 10' ~m...? Mr. Smuels: TM best place would be to look a ~e site pl~. ~e existing is 21.1 ] ~d the ~oposed is 32,2, So 10' is the minimm setback from this little point where the bu~eM jogs back in. Member O1Na: No que~ions. Ch~an: Is there ~yone ~n the audience who wo~d like to spe~ for or against ~is applicalion? I ~i~ you haw answered o~ questions. I t~k you for coming ~d we will close ~ he~ing. I m~e a motion in closina the he,rig and resting ~e derision ~til later. M~mber Ho~ng: Second. All ayes. 9:07 p.m. Appl. No. 5174 Arlene Manos. Cathy Mesiano: I am here on behalf of Arlene Manos, the owner, Mr. and Mrs. Manos are here as well. We are before you requesting a variance swimming pool to be built in the back yard less then 100' from the top of the bluff. I believe that the proposal that you have before you represents as set back of 35'. We have revised the plan which I would like to give you a copy. We have moved the pool back closer towards the honse. It is only 4' off of the house, It will now maintain a-setback from the top of the binff of 42'. This has been a difficult site to try to decide where to put this pool. We have considered the ~option of putting this in the front yard. The conforming locationin the front yard is where the septic system presently exists. There is landscaping in the front yard and we believe we would have more option from neighbors if we attempt m put the pool in the front Regular Meeting of Sepmrnoer [9 2002 yard We have scaled the size of the pool back to 16 x 32 We have moved [he pool as close rotc the corner ~f the house as we can Tc cream as Iar~e a distance between the propose pool and the rep of the bluff. I would also like ~c note that the bluff ~s stable. Very well vegetated and it ~s not irt an area that has been showing problems with erosion and so on. The distance from the high water mark to the top of the bluff is probably close ~o 100'. There is a s~gnlficant bluff there. The elevation of the mp o£the bluff,s 46'. The property rolls gently towards the road from that point. Being that the bluff is stable, well vegetated and we are proposing this structure m be tucked in a notch within the confines of the existing structure, we are only looking ~o come aloser to the blnfftheu the house presenfiy exists of about 8 - 10'. I would like m answer any questions that you may have Chairman: I observed the bluff and I do concur with you. The only thing that coneemed me was. I was almost ready not to send the letter to Soil and Water Conservation. but the existing patio I found cracks in. That concerned me: so therefore I sent the letter. We normally do it anyway, as you tmow. We are kind of waiting for them to come back and tell us what thee opinion is when they look at it. This is certainly a better compromise. There is no question about it. Ms. Mesiano: Another thing I would just like to add to it. is that the pool is proposed as a vinyl line pool, not a gunite pool. The degree of excavation is sigulficanfly less m a vinyl lined pool. The construction itself is Iess significant activity. We have oriented the pool in such a way that we are running parallel. We have tried everything tha~ we conld do to get in something that is big enough to swim in. Something that will get a little bit of sunshine shining on it and not be shadows all the time. A reasonable use without creating a degradation to the bluff. Chairman: This is not a lap pool? Ms. Mesiano: This is not a lap pool. Member Oliva: No questions. I have seen what is there. Member Tortora: Where is pool filter and the drainage for the pool going to be. Ms. Mesiano: That would be landward and that would be tucked up on the westerly side of the house. As it is presently shown there is no way to get that equipmant between the pool and the house. That filter would have to sit ov~ on the side. The drywell will also have to be on the side. Chairman: In the past in situations like this, we have required these to be housed. Ms. Mesiano: In that case I would need to ask you for a side yard variance. No it would be an accessary structure, not attached. Chairman: That is correct. Member Tortora: Do you plan ou having a patio com~ecting to the pool to the house? Ms. Mesiano: There will be some type of structure. We haven't worked out the details. The biggest question was the if we can get a variance. We haven't gone ro the architect and we haven't worked out all the details. Yes there wilt have to be a patio of some type attachiug the pool to the house so as nor to have ro step out of the house and step down and up again. For safety sake one would expect to walk straigh~ ou~ of the house onto the pool patio. There will be no change in grade, because it is only about Y offthe house. Mc~mber Tortora: Whal about on the sound side of the pool. Ms. Mesiano: Again that is up to the generosity of this board, ffankiF. We would hope ia be able to nave ar least a mininiat 3 - 4' at grade, pen~ieable surface. Brick or ~ome type of other set in sand mater/al at grade. Chain~nan: It is relatively fiat up there. Member Toi4ora: Yell me one more rime why you could not locate this in the conforming Ms. Mesiano: The only other place we could put the pool is in the front yard. That is ;:~ where the septic system is. - Member Toriora: tithe xvhole front yard? ~ ~ : . iMs. Mes;[ai~o: No. i~ is not in ~the whole fi-~m yard, but ~en there is the issue of the dufivewaY. We can't have the septic.system under the~tr£veway. Member Drlando: We-have a water main going, up there as wel~l. Ms. Mesiano: 'Yes. that is correct. Member Torrom: I see. O.K. Ms. Mesiano: If we move the septic systmil, the only place we could put it would be closer to the road and then having the waste line coming out of the house would then be pr0blematie~because of .the distance from the water tine, keeping everything out from under the driveway; clearing the swimming pool. Those are the technical aspects. From the astheti~ aspect, the fi'ant yard is nicely landscaped with mature plantings and as I mentioned we expect more negative outcry from the neighbors if we try to put it in front yard. then if we tryto put. it in the back. Member Tortora: O.K. I guess we are going to wait until we get a report fi:om Soil and Ms. Mesiano: We did consider the easterly side of the back yard. Then yon would be looking at another sitliation where we would be closer to the side yard. We would be looking for more ora variance in that area. If one were to put in a pool, this was the only reasonable, leasable, esthetic, on-obtrusive way to do it. Aiid economicaly to do it. Member Orlando: No questions. Chairman: Is there a basement in that house? Ms. Mesiano: Yes, a full basement. Chairman: In the interm, you just might want to talk to the Building Deparmiem regarding the placement of the pool to the degree where you want to place it. I don't what the expansion and camraction rate is. They may make you pack it with peat ~'avel in between. Ms. Mesiano: O.K. Chairman: I think we can recess this until October 17th. The letter went out to Soil and Water on Sept. 4th. I think we should have it back by then. Any objection? mo objection). You might be on the end. but that is the best we can do Ms. Mesiano: That is O.K. Cha/rman: We will leave it at October 17th. If there is any change, We will let you know. Is there anybody else who would like to speak tonight. Speakm' (in audience, name inaudible) My home is west of this proposal.'l am in favor of the placement of this pool. It is in a good place. Regular Meeting of September ] q 2002 Chairman: Thank ~,ou. Anybody else? Seeing no hands, I make a motion in recessing the hearing until October 17th Member Orlando: Second. All ayes, 9:20 p.m. Appl. No. 5171 Stephen Sachman and Alexia Quadrani. Chairman: I was up to see the property. The applicants where home. They gratiously came out and showed me, it was early m the morning. I don't see any major changes with tiffs application. Am I correct in assuming that? Ms. Mesiano: That is correct. There is an eh-or on the survey. On the rear of the house proposed deck. That deck is there. It is staying. There is nothing that is going to be done with that. The survey looks as if it is a one story framed house. It is not. It is a partial second story. We are looking to expand a second story to make it a full two-story house. Chairman: We are going to call it a one and one half story at this point? Ms. Mesiano: Yes. Mrs. Tortora: You have any questions on this? Member Tortora: No. Member Orlando: When I was there, t was looking at the deck saying the same thing. The deck is already here. My question was, left side of the house is existing second floor of the house, correct. Ms. Mesiano: Yes. The north side second story is existing. Member Orlando: So you are looking for symmetry m put the same thing on the other side. Ms. Mesiano: I have some elevations that I could offer to you. This is the rear elevation. This is existing and this is proposed. Member Orlando: It doesn't go beyond the footprint? Ms. Mesiano: The footprint does not change. There is an 18" cantalever. Member Orlando: The reason for the cantalever? Ms. Mesiano: Structural and because of the demensions of the room, they where slightly undersized and it made more sense from a practical perspective to have a little more room. Member Orlando: Is this a summer residence? Ms. Mesiano: It is used on a part time basis. It is a year round tmbitable house, but the owners of the house use it on a part time basis. They are out for the Summers. They are our on weekends. Chairman: YVhat we are in effect saying is that the 14.2 is decreased by 18"? Ms. Mesiano: Yes, exert that the foot print doesn't change. The shadow would, if you will. We are looking for 18" of relief in that regard. The reason for the 18" is structural to cantilever it and to gmn enough extra room in that one bedroom. To have a more functional room. Member Homing: No questions. Member Oliva: No questions. Chairman: Is there anybody else who would like to speak for or against this application? Judith Simon: I am Judith Simon. My husband and I are the ones who are most directly effected by this. This structure that there is now is actually two stories. This over looks om' main om door livmg space. Which we use constantly. We did address the issue wuen this property was sold because we have been ther<fQr quite awhile. We put a line of trees in on o~r side of the pmpeaxy as well as thC Sacl-,maxas' put one m m r4eir ~ide. We,also pm more u-ecs on our p~,operry re protect our privacy fi-om the second sror3; of,the existing building now. Our concern is with this new second floor addition, ri'mt if enything happens that they decide that they want To cut down there tree line or they sell the house and somebody else moves, in there and says I don't like these trees here., And they cut it dowrc We waur re be assured legally thai there will be a line of trees To gtve us some aspect of privaey. Chairman: We also use tha~ ptu'ase continuously saJ.ntaise~. ~the board'wa, s, so inclined re grant.this variance ~:e woul'd also say that not only age the tr,,es to sta:~ bu! they would have to be continuously maintained. Mrs. Simon: O.K. That would be satisfactory. I thir& that Ms. Mesi,ano called the Sachmans' and they indicated that would not be a problem and that would, be, fine with us. Ms. Mesiano: Whatever would be satisfactory. Mr. Simon: My main concern is the survey,that we g0r is not really the correct survey. The house show one story and:ii, t' two story high. The deck is already built We want to be sure that the corrected survey be printed. Chairman: I corrected on the survey right now. Ms. Mesieno: We have to do a under construction survey and a final survey of what actually is there. There,is going to be numerous changes to the survey as time progresses to reflect what actually occurs. Mrs. Simon: Our main concern is our loss of privacy or the possibility of. Chairman: We will put that in the restrictions if the Board is so inclined to gram this Ms, Mesiano: I spoke to Mr. Sachman and he has no problem with purring anything that is appropriate in writing and he also indicated he is going to do more plantings as well. Chairman: Is there anybody else who would like to speak? Seeing no hands. I would like to make a motion in closing the hearing and reserving the decision until later Member Orlando: Second. Alt ayes. 9:30 p.m. Appl. No. 5156 Robert and Barbara Taylor Mr. Taylor: Good evening. My name is Robert Taylor. We submitted a plan for a 3 car garage with a second floor. It is a little re tall. I need the three car garage, because I have large vehicles. I am a carpenter. I need the storage space which is on Top for my material. Chairman: How tall is the garage? Mr. Taylor: 23'11". Member Orlando: Is it 23 to the ridge? Mr. Taylor: Yes. 23.11 to the ridge, Chaim~an: It is 1'11" over the mean. 22 is the max. He has a steeper roof line on this, Any questions? Member Homing: You originally got a building permit based on'your i~pplicatiun? Mr. Taylor: No we have nor gotten a permit because of the variances needed. Member Homing: O.K. You haven't started any construction? Re~u]ar Meeti~ of September I cO. 2002 Mr. Taylor: No sir. Member Orlando: No questions. Chairman: I guess th? question I have is that the building is only going to be used storage purposes and purposes in conjunction with your carpen2y business? You are not planning on any apartments? Mr. Taylor: Yes. And No, I am not. Chairman: So you will have utility of electricity and what? Mr. Taylor: Water. Member Tortora: The main portion of the garage is a work shop? Mr. Taylor: Yes. And storage Chairman: How high is the ceiling on the first floor? Is it relatively high? Mr. Taylor: Yes. My vehicles have ladder racks. Member Tortora: So you have contractor business. Mr. Taylor: Yes. I am a contractor. Member Oliva: No questions. Chairman: Is there anybody in the audience who would like to speak for or agamst this application? It appears that no one is commenting. We will close the hearing and reserve decision. Member Homing: Second. All ayes. 9:35 p.m. Appl. No. 4778 Crazy Chinaman Corp. Chairman: I is my understanding that the fire inspector has inspected the premises. You have submitted to us a C of O for the back deck. Mr. Goggins: Yes. Chairman: An) idea how old this house is? Mr. Goggins: I believe it was built in 1910. There are sheet rock walls. But they where replace& The original structure had piaster walls and sheet rock replaced later on. Chairman: Any idea how old the apartment is? Mr. Goggins: Probably since 1980. I believe the prior owner Fletcher Sharmers had bought the building and ar some point he and his 'wife separated and he began using the upstairs as an apartment. Chairman: There has been no change in that size or the conformity? Mn Goggins: There has been a change. There was no doorway at the top of the stairs. The stairway from the first floor to the second floor in the inside. They put in a door. t had the deck installed in 1998 so there would be access fi:om the rear outside entrance. At that time I was living in the apartmem for about two years, Since then Ken rented the apartment. Member Oliva: No queshons. Member Tortora: I don't have an application in front of me. I will just ask you. How big is the apartment? Mr. Goggins: About 700 sq.fL Mmnber Tortora: Does it meet the code? Mr. Goggins: Yes. Member Tortora: It is an existing, correct? Reg~lar Meeting o~'September 19. t002 Mr. Go,gins: Co~ee~ ~ d~ink the code says 450 minimmn am"l 750 maximum, i believe ~x ~s within ~h~t. C~ai~an: T~s ~s a business zoned p~ o~prope~? Mr. Goggi~s: ~t is resid~nti~/ofSoe. At some poim ~t w~s b~si=ess. ~ haven't done the rese~ch. ~: So it ~as be~ RO since 89P ~. Gogg~s: At least, yes. Member To~ora: The total sq. footage of the whole b~ding? ~. Goggi~: I believe ~e w~ole h~gffmg is about 1800 sq.~. Mmber To~o~ O.K. Ch~: Fr~ly, I haven't looked at t~s paper work since a ye~ ago wh~ I submitted · e ~plicafion. O~er ~en when I made ~ments m meet ~e ~e ~mM1 Memb~ To,ora: I Mll review ~e ~g~'s ~m M~ber ~lando: S~ce I dofft have ~e file, who is ~e preset owner o~s collation of ~e Crazy Chnm~. I m ~e pfim~ stock ho~er in th~ co~pration. There are oth~ stock hold~s, so it is a co~orafion. I consol k. Mmber Off,do: ~e reason you ~e. here to~, is ~at it was ~ illeg~ agmmem ~d you ~e m~ngitde~l? Mr. Goggi~: ~at is co~cr. It hasbe~ ~aOng as ~ illegal ap~enr for some time now. We w~ted to legalize it. Mmb~ Homg: To r~t to ~ybody who would be a suitable rent~? ~. Gog~s: Co=ect. Member Off,do: No other questions. Memb~ Hom~g: No questions Mr. Goggins: ~ will provide ~e info~a~on on the sq~re footage. Member To,ora: Just put the info~ation on ~e provision in the code. Chai~mn We ~ you for ~e C.O. on the deck and we tha~ you for the fire inspecmm repo~. Anybody else l~e to speak for or aggmst? See~g no h~ds, I will m~e a motion in closing the he,rig pending ~e receipt of ~e acm~ly squ~e footage of ~e building so we c~ put it ~ the file. Member Orlando: Second. All ayes. 9:45 p.m. Appl. No. 5188 - Edw~d and Paula Q~nfiefi Edw~d Quintiefi: My nme is Edw~d Quintiefi ~d I would hke to get a v~i~ce to build a ~ee c~ g~age. Ch~: We have ~1 been down ~d looked at ~e prop~y. ~is is a one srou g~age? ~'. Quinfiefi: Yes. Ch~an: We ~ow ~at you have a major problem because of yo~ setbacks ro ~e water. Mr. Q~nfiefi: Yes. We ~e o~y 20' offthe front y~d setback. Chgm~: As we discussed thru day I met you in ~e y~d. There ~e ceaai~y o~ lo~tion ~at you would ra~ locate ~s g~age, but because of the na~e or,at 75' to · e b~ead, you have chosen to put it in ~s location. It is pret~ steadfast at ~s point. ZBA }tearing 1 ranscripts Regular Meeting of September ] 9. 2002 Ms. Quintieri: Unlbrtunately. Member Homing: Did you coosider attaching it to the house? Mr. Quintieri: We did, we j~sr decided not to. Chain~an: The honse has some very fancy dentals on the comers. Mr. Qaintieri: The house is being done in stucco and it has coins on the corners of the house and everything. The front of the house has a very unique look. I didn't want to interrupt it. Member Homing: You wouldn't need a variance perhaps if it was attached. Mr. Quintieri: It just wasn't the look I was looking for. Member Homing: I understand. Mm~ber Orlando: No questions. Member Tortora: The thatched part, it says to be removed. Mr. Quintieri: We are in the middle of a major construction on the honse itsdf. The house is already built. The original house partly tom down and we put up a house. I originally applied for the house and garage in one permit. The Building Department determined that we needed a variance for the garage. So we separated it under another permit so I can go ahead with building the house. Member Tortora: Is that the closest you can get off the lot line? My. Quintieri: I would gladly move it closer. Member Tortora: Is that the furtheresr you can get it off the lot line? Mr. Quintieri: Yes. I am already about 10' away from the house. Chairman: That road which is really a paper s~reer, gives you the impression of being farther away. Member Orlando: I think your neighbor utilizes some oftha paper street. Mr. Quintieri: To be honest w/th you. we both utilize it right now Member Oliva: I don't see anp,vhere else the can put it. Chairman: Hearing no further comment I make a motion in closing the hearing and reserving the decision. Member Orlando: Second. All ayes. 9:50 p.m. Appl. No. 5191 Maicolm and Ethel McAllister. Pdchard Lark, Esq: The Board has seen the property. I am here primarily ro answer questions. The Clerk Lind Kowalski had called me back right before Labor Day. And I submitted a letter clarifying the confusion the Building Department had created. They originally took the view in early July that it was in the side yard and then they reversed themselves that it was in the front yard and side. The surveyor Iells me that the building inspector is satisfied now that the pool really is in the side yard. The snrveyor maintained that the Building Department over years as well as the Board, the edge of the concrete is where the pool stops. The fact that you have a level deck or a grass area. or something surrounding that is not considered unless it is a raised stmctare or something of that nature. He maintains that. 1 talked to him as late as today, he says the Building Department has backed off ofthat and the front yard is ~0' from the road.' The .encor has turned out to be environmental better. Where it was, I had questions right from the get go P,,e?.darMeetinffofSe[Iember 1c) 2002 , ~ when I went over there originally to look at the property. It would have been a stmct~e of ns owm unless you brought i~ huge amounts ofdi~ and evm~h ag else. This way here h kind of blends right in with the front yard. In fact ir is just a tad below ir axd ir kind of Blend >ff with the 5ili there. It will require less 5ll and ever~ing else. Obviously,5~ey have lost the use of it for this ye~ coas~denna where we a-e ro&ay. ~ey still cm~ get ~r constructed so ~ey c~ us ~t for next ye~. Rather then leave fl~al cons~ction W~ch wo~d be asked to be exposed to the elemenrs. If you have ~y questions, Mmber Hom~g: Now yon ~e saying that the Building Depment might have revised irs ~nre~retafion of the side. Mr. Lak: ~v have not done officially yet. My ~derst~d~g from ~e su~eyor ~d Liada Kowabh (ZBA Clerk) said you ~ apply it M~ botk w~ys because it is whmdt is. 5~e~er it is front y~d side y~d where ev~ it is, mend yo~ application to cover bo~. ~at is, of co~e, wh~ ~e legal nofim ~d the s~ posting did. Ch~: TMt is why I nev~ touch ~ose, ~at~er ~ey w~t ~o det~e it to be, ~at is wMt they dete~e it to be, ~d we go from ~e. ~. Lak: ~t because he ch~ged it, As you saw ofi~nally, he s~d it was side ~d then two weeks le~er sang well, ~t is in bo~. [ never got that ~fil late Au~sr wh~ somebody gave il ro me ~d L~da c~led me, That is how I got where we are today. Chai~: Any question of ~. L~k on this, Bo~d: No. Chai~: We ~ ~s is a pretty good loca~on. ~. L~k: It turned out to be ~e best, actually. Chai~: I make a motion closing the hearing. Member Hom~g: Second. Ail ayes. Cha~: I will make a motion ~anted it as applied for. Member Homing: I seconded it. All ayes. Respect~ly submitted by Jill M. Dohe~ (Prepped from tape recordings)