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HomeMy WebLinkAboutZBA-05/15/2003 HEAR SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING TRANSCRIPT OF HEARINGS I~ELD MAY 159 2003 (Pr~ed by Jess~ca Present wore: Chah-woman Lydia A. Tortora Momber Vincent Orlando Momber Gerard P. Goehfinger Member George Homing (until BOARD SECRETARY Absent was: Member Ruth D. Oliva PUBLIC HEARINGS: 9:39 a.m, Melissa Corw~ Clark #5305. Based on the Building Department's November 26, 2002 Notice of Disapproval, this is a request for a Variance under Section 100-242A for a second-floor addition and alteration to an existing single-family dwelling with a setback on a single side yard at less than 10 feet and less than 25 feet for both side yards, a'~ 375 Brown Street, Greenport; Parcel 1000-48-3-22. CHAIRWOMAN: Is someone here who would like to speak on behalf of the application? Is there someone here who could get a little information for the record for us? MELISSA CORWIN CLARK: Melissa Corwin Clark. CHAIRWOMAN: Just tell us a little bit about what you'd like. MS. CLARK: We want to get a second story on our house in Greenport. CHAIRWOMAN: Okay. And let me go over a couple of things with you. The second stdry addition is going to be about 24x30. MS. CLARK: Yes. CHAIRWOMAN: ~qd ff~t now you have an exisiing %'6 easl side y~d a tko closest point ~d it% about i5~ on ihs west side of the closest point which is a total cf !9~6. se the~e no1 going to be rea!ly any expmnsisn. Youke just.,, MS. CLX: Gong strai~t up. CHAIRWOMAN: Going s~zaight up~ Okay let's see ift~e bo=d members have ~ny questiops. Mr. Homing. MEMBER HORN~-G: Fli pass on that for a minuze. CHA~WO~N: Mr, Ooekqng~, MEMBER GOEHR~GER: Have there been tony ov~h~gs that could encroach into ~2zose side y~d areas7 MS. CL~RK: No. MEMBER GOEHR~GER: No. Ok, so the or2y overhang would then be in Ce front and the back of the house? MS. CLARK: Yes CHAIRWOMAN: Mr Orlando. MEMBER ORLANDO: I stopped by ro see. h's a cute little house, but ~ can see the reasoning for expmnsiom I~m s'~e iffs gelting quite ti~t thetce with qumrters. MS. CLARK: It% ve~ small. 3 May 15, 2003 Southold Town Board of Appeals Regular Meetfmg Pubtic Hearing MEMBER ORLANDO: No questions. CHAIRWOMAN: Ok, is there anyone else in the audience who would like to speak for or against the appIication? Seeing no hands, I'll make a motion closing the hearing reserving decision until later. PLEASE SEE MINUTES FOR RESOLUTION 9:41 a.m. John and Kathleen Ahearn #5359. Based on the Building Department's April 29~ 2003 Notice of Disapproval, applicants request Variances under Sections 100-242A and 100- 244B, for a proposed porch addition which will not meet the code's required setbacks on one side yard of 10 feet and 15 feet on the other side, and which will exceed the 20 percent lot coverage limitation of the code. Location of Property: 480 Dawn Drive, Greenport; 35-5-13. CHAIRWOMAN: Is someone here who would like to speak on behalf of the applica~on? JOHN AHEARN: Yes, I'm Jotzn Ahearn, we'd like to clarify a request for vahance, we're trying to expand an existing deck which we are now going to call a porch. Because we expect to put a cover on it. The problem was that both coverage and side yard setbacks require a variance. Currently the existing coverage is at, lot coverage is at 20.2% of our property. And our expectation was that we, the last time we went the variance board, was that we wanted to put up 26%. And we, and that was reduced to 23.8 back in May of'02. The side yard setbacks on on.e side of the house, the south side is 9.6 today. And what we need is to get the north side of the property at 10'. And we would expect to do that. Our, i guess our mgjor issue at this point is that we are calling this a porch. And we wanted to put a roof on this, on this addition. CHAIRWOMAN: It was my understanding, I did speak with your wife at)out this. It's my understanding that this is merely for a covered porch. It's not for any expansion, the lot coverage, it's not for anything other than what we had approved before as far as the side yards. Page 3 of 136 MR. AHEARN: Ri~t. CHAIRWOMAN: Because we i~ad approve& I believe~ prior to tills you had requested 26%. but we 5ad approved tSe maxim~ lot coverage of 26.8. MR. AHEARN: And that's fine. CHAIRWOMAN: Yes. And sc ~]ust want to make it c!esr that we are not gomg back and re- doing the old application as f~ as tlze selbacks, or as far as lot coverage MR. AHEARN: We ~e not re-doing them. no. CHAIRWOMAN: ~ht. Now. lefts go over the area olive covered porch so we ~zow exactly what we ~e talking about. ~d perhaps you cmn toil us? MR. AHEAd: in the back. in the back of :~ze house, there's mn existin~ deck. which we hsd imended ~o expand to the nox~h, bur within the setback Faide!ines. And thai piece back there which gets the afternoon and evening sun. we wonted to pu'r a porcl~ over tI~at particular piece. MEMBER ORLANDO: So the old po~ion plus the new po~ion? CHAIRWOMAN: Ail of it? MR. AHEARN: Yes, yes. ~e old potion is ]7x16. And thc. ff~e new porch is 17x2r,. 23. CHAIRWOMAN: [ don't see the... MEMBER ORLANDO: ~aaffs in ~onl of where it says brick? i can't read wha~ it sss/s, proposed something below ~rhe brick. Page ~, of i3~ 5 M~y 15~ 20{)3 Sou~ho~d Town Board of Appe:~s Regular Mee~Lng Public Hearing MR. AHEARN: Deck. MEMBER O~A~O: On the su~ey. ~. AHEAd: I( says deck. MEMBER ORLANDO: So that won't be covered then? CHARWOMAN: It*s ve~ imposer, at this point, that we re~ly ~ow what's supposed to be covered, ~d what's not. MEMBER ORLANDO: On ~e south side of wooden deck... BO~ SECRETLY: The shaded ~eas, Mr. Ahem, that's covered? MR. AHEARN: No. MEMBER GOEHR~GER: The diagonal ~ea? MEMBER ORLA~O: The one that says "wood deck", and no~h of~at. CHARWOMAN: And no~h of that. I think we're going to have to m~k MEMBER GOEHR~GER: Oh, I see the shaded... CHAIRWOMAN: If we have a yellow marker, I think we need to put some kind of indication · e file exactly what ~s being sought. We asked the Building Depa~ent (BD) to confi~ the ~ot coverage for you. ~d they are in the process of doing that new. So ~at we can ensure that you comply with the 23.8% lot coverage. Page 5 of ~36 6 May ~5. 2{}03 So~lhold Tew~ Board ef Appeals MEMBER ORLANDO: Under t~e 23... MR. AHEARN: ~{ goes ~om 3248 ~e 3724. Yes~ CHAIRWOMAN: Okay, ~d this proposed deck s~ditlor~ on the neFdx is going {e remain a dedc MR. AHEARN: Yes. ~hafs r~ot cave-ed. ~fs just re CHARWOMAN: Okay, tell you ~r~a. wege going re recess {xis for a 5~{~e while~ just con~:~. ~_e building, let ~e Buildi~g Depar~enr con~ their ail of your ca]cula~ons ese co,oct. So that we. yo~: don't have to coine back in the MEMBER ORLANDO: They are doing that now, as we Ci{AIRWOMAN: As we speak. So t'm going re mark tb.e MEMBER ORLANDO: Aswespe~,itj,asra~ved. Ho~offh:eoress. BOARD SECRETARY: Amended disapproval ~om the Building MEMBER ORLANDO: Is ir acmally over the rea~ s~eps (before m~k:.ng ~he map)? MR. A!qEARN: No. The steps go down to a walkway around ~he pool ~kere CHAIRWOMAN: Ok.. BOARD SECRETARY: Mr. Ahead, ibis is the co~ected Notice of ~isapproval (NOD the BD_ wb¢ch there were a couple of fi~ares that were off. P~ge ~ of ~3~ 7 May 15, 2003 Sonthold Town Board of Appeals Regular Mee~g PubIie Hearh~g CHAIRWOMAN: Ok, so he has calculated that the lot coverage is now going to be 23.5, which brings you under that 23.8 that we approved before. MR. AHEARN: Right. CHAIRWOMAN: I'm just going to mark our copy here. It's very hard to... MEMBER GOEHRrNGER: Lydia? CHAIRWOMAN: Yes? MEMBER GOEHRINGER: So, what that is telling us, that this is then, very simply, a side yard variance. MR. AHEARN: Side yard and lot coverage. Because the initial lot coverage was at 20, or the current, is 20.2. And it's going up about 400 sq. fL. CHAIRWOMAN: We had approved that prior. So, the only thing really before us right now, in looking at this, is just the question of the deck being covered. MR. AHEARN: Right. CHAIRWOMAN: So there's no longer a deck. It is now a porch. MR. AHEARN: We'll call it a porch. CHAIRWOMAN: Ok. MEMBER HORNING: Sir, could you tell us, in your original plans, what were you originally attempting to construct? Page7 of 136 Ssntl~old Town Bogrd ef Appeals MR. AHBARN: Exaclly what Fm asking you today. MEMBER HORNN'G: ~d yet you refe~ed to it as a deck al! tine 5me. MR. ~4EARN: We refer to it as an existing deck. because it is a deck. Now we are puoting a roof on k, and Fm unfo~uP_ately, didn't kmw enou~ to change tee {e~ ~o~_ deck ro sorch MEMBER HORN~G: Ri~t from fne be~mg the~, you're saying yom' o~nai plans ~aS._ MR. AHEARN: We have the drawings that we had expected approwi of. And we ~o~ we got approv~I, b,at that's ~other stow. CHARWOMAN: i don'~ have my questions. Do you have any questions, Mr. llom~xg? MEMBER HORN~G: ~ {ust ~n~shed mine. CHAIRWOMAN Mr. GoehMnger? MEMBER GOEHRNGER: No. Other th~ {he fact {hat ~ha{ what we approved is basically what we're approving now. CHAIRWOMAN: Except the covered porch~ MR. AHEARN: Yes. with the exception of the open sky. MEMBER GOEHRNGER: The fact tha~ it wasn't caen ro the sky. Fs now covered. MR. AHEARN: M~ht. P~ge ~ 07156 9 May 15, 2003 Southold Town Board of Appeals Regular MeetLng PuBLic Hearing CHAIRWOMAN: Okay, Mr. Orlando. MEMBER ORLANDO: And your covered porch is not to be enclosed with glass or screen in the future, you're just going to leave it open? MRS. AHEARN: That was not our plan at this time. MEMBER ORLANDO: Not closed. MRS. AHEARN: However we were told that if we applied for everything, it's possible you can do that down the road. We don't have any intention to do that. MEMBER ORLANDO: To make it a screened porch, or enclosed. MRS. AHEARN: Originally, we have one child who's allergic to the sun. So, we need some protection. We have a roil-out awning now, which is not adequate. So, we came up with this idea al2er meeting with an architect. And to make it fit, and it would offer better protection. And it would be a permanent structure in this particular area. MEMBER GOEHR1NGER: Can I expand on that? MEMBER ORLANDO: So, we don't have a problem putting on that, not to be enclosed? MEMBER HORNINO: I don't see the point of that. MEMBER GOEHRINGER: I think the issue here is not the issue of not being enclosed. I think the issue is that it's not made part of the permanent, habitable structure. In other words, it's an open, smnmer type of porch. Okay, am I correct in that? Page 9 of 136 !0 CHAIRWOMAN: Well. not to be enclosed would vi~gJ]y, ii. i~ says ~he same thing, that's whg~t our cusro~a~ tan~aage is Mth 2. ~EMBER GOEHR~GER~ Bu% i~e poin~ in question today is~ for eveq~ody thg has m~ % ~n deck.. CHAIRWOMAN: This ~s going ~o be a covered porch. MEMBER GOEHR~GER: I ~ean g covered porch, is tha~ somet{~es :=~ you~ wmnt ~o nt!]~ze :t~ you may have to p-er screening ~n. MEMBER HORN~G: I would a~ee with Gat MEMBER GOEi{R~GER: Ii doesn't really ~_atrer. l know you're crea~ing one si~ruat[on, but you also live near the water_ ~d you have a susceptibility to gxats and ties. ad aI! the rest of it ?m just t~[ng ro cle~ l~2s up here. so you don't have to co:me back. CHAIRWOMAN: ~xat do you want to do so i~'s no~ ~made pa~ of this. MEMBER GOEi{R~'GER: It's no'r made p~ of Ilne. it remains as a seasonal accesso~ structure, and not made a p~ of the habitable living space. MEMBER ORLANDO: Not to be enclosed with glass. MEMBER GOEHR~GER: Yes. Is rhal ail ~ght? MEMBER ORLANDO: l feel comfo~ab]e saying nor to be enclosed w:_~h glass. Screens would be accepta~o]e. May 15, 2003 Souttmld Town Board of Appeals Regular MeeOng ?ub~c Hearing MRS. AHEARN: Why does it have to be limited to, I mean, is that, why does it have to be limited to that? MEMBER ORLANDO: Because you'rejust progressing into livable space now. MRS. AHEARN: But we would have to come back and get permission to put glass in it. Is that correct? MEMBER ORLANDO: The honest person would. I'm not saying you're not honest, I'm just saying the honest person would come back here. MRS. AHEARN: Right. And to try to undo what is done here is a problem, as we have seen before, because we were ii1 advised. MEMBER ORLANDO: That's why we are try/ng to rectify this now. And if you have reservations, well you're thinking down the road of maybe enclosing it, then, if you are having reservations on it. CHAIRWOMAN: Then we are going from a deck to a porch, to an addition, and those are three. MRS. AHEARN: No, that's not our intention. We were going to put tracks down, I mean... MEMBER ORLANDO: Right. And if you screened it, it seems to me, there's not a problem. If you put glass, and enclose it with glass, we seem to have a problem with that. So we'll be sa34ng in our statement not to be enclosed with glass. CHAIRWOMAN: Is that okay? Are we all on the same page? MRS. AHEARN: It's kind of limiting, but you know, down the road, after talking with people in your office and the BD, that's fine. Page ll of~36 CHAIRWOMAN: Because you're going fram. it's strictly deEnitians in t~e code. a deck rs defined as 'open re t2e sky.' A pdrch is eper:. Once you eanlose k_ tlaafs ne longer a po~c!q. Ii becomes an addition to the house. MRS. AHEARN: Even though5 it doesn't have hea. or anyiing else? CHAIRWOMAN-: It may trot be living space, bu<: it's still a~ addiion. MRS. APiEARN: We don't intend m pur glass in. but ~rjust donk like -:o 5e limited. !f~l c~ care of ~aings today, after we spent fflis am_o-ar_r of nnoney m get this far, ~ :hixi{ it's fanl~sh limit ourselves, B~at if{kafs w2ai you do. if thais pa~ of 2ze code. then we'll ge along wklq that CHAIRWOMAN: What we do is we act on the application fiaat's before us. And the application is for a porch, jug like the application p~or to tNis was for a deck. If you wan: m~ addi2on, float's a different application, And you'd have re go back re the BD. And say "look we wanff' (inte~pted}. MRS. AHEARN: No. we don't want ~hat. We are just ba~iing it around CHAIRWOMAN: We just. we want to try ~o solve your problem so tea you are able to go fo~wvard. Are there any further questions from the board rr~embers? (None5 CHAIRWOMAN: Does anyone in the audience have any euestions or commems repealing tMs application? Seeing no hands. NI make a motion closing the heanng rese~ing decision until later. PLEASE SEE M~rNrUTES FOR RESOLUTION Page i2 cf !36 May 15~ 2903 Southold Town Beard of Appeals Regular Meeting ?ubl~e Hearkng 9:56 a,m. Kenneth Cerret~ #5282. Based on the Building Department's October 9, 2002 Notice of Disapproval, this is a request for Variances under Section 100-244B for a garage addition at less than 10 feet for a single side yard, less than 25 feet for total side yards, and less than 35 feet from the front lot line, at 1655 Bay Shore Road, Greenport; Parcel I000-53-4-6. CHAIRWOMAN: Is someone her~ who would Iike to speak on behalf of the application? KENNETH CERRETA: Good morning. I'm Ken Cerreta. I would like to put a garage addition to my house. There is no garage presently. I would like a small area upstairs for some storage, because it is a small house. I already have the Trustees approval and DEC. CHAIRWOMAN: This is out of the Trustee jurisdiction? MR. CERRETA: Yes, and the DEC has approved it. CHAiRWOMAN: I think there's a letter of non-jurisdiction from them as well. MR. CERRETA: No, they wanted me to remove the existing driveway for the lot coverage. So I'm going to put you know, stone down there. They were happy with stone instead of asphalt, so there's drainage. And that will reduce the lot coverage down from what it is now actually. If I remove the driveway, and put the garage, the lot coverage will be less than it is presently. For their purposes, you know purposes of drainage. CHAIRWOMAN: I realize you have a very long lot, but I did not see any other houses along that road on the area that had a I 0' front yard setback. MR. CERRETA: Down further there is, on Bayshore, there's somewhat with less, I believe. MEMBER ORLANDO: 1 looked as well, I couldn't find one either. MR. CERRETA: Did you drive al! the way down to the end of Bayshore? CHAIRWOMAN: In the immediate area within 300' on either side of the street. MEMBER ORLANDO: The closest one I could find was across the street almost. That little Page 13 of 136 w~Jte house with a g~age was ~he c~osest Oth~se~ ~ didn~ see CHAIRWOMAN: The rem problem on this is ~m~ what you 'se proposing is l0' ~em ~he read. And the house, as k exists, is Mready 70' long. And wi~h the gm-age addk~on, k would be Mmos~ 100' long. And it woMd. it essentiM~y requires. ~ encroachment ~r_to ~r~at ~ne sideyard, that. you ~ow, the plmn shows that. it's. you*re going to be going down to a setback of 4.8~ on that one side, which is ve~ ve~ dose We usually don% look veu pos{tNeIy on a ~onl y~d setback i 0~. or creating a non-cenfo~g se*&ack of 4.8L MEMBER GOEHR~GER: Can I ask a question~ Lydia. when yon get a chance? CHAIRWO~N: S~e. Maybe ~ere's some other c~,tion ~here. MEMBER GOEHR~-GER: Is inere a possibHky 2hg/r you could cut 2is garzge down and possibly come up with a g~age and a hs2~ ~d enter tha~ garage ~om 2he opposite shde? other words~ comma ~nto fne g~age th~s wa~ MR. CERRETA: No. ~e propeiy~s long and nm~ow. ~ co,aidn't 5~re another way m do it asked a coupIe of gch~tects MEMBER GOEHR~GER: That's 1he only way that ~ could see that ~t could be dona withon~ impacting the addition with the 2~d stou cutting into the ex{sting ho'use. And pu]r ha!f of the addition on the 2~ 5oor over the existing house. And h~if of k over the garage, thereby nor ~mpacting it to the point where iPs kmpacted in this pa~icuiar application. But ! honestly believe /hat I paced {~ off. [ thin you could possibly ge% I mean you're no~ go~ng to get, you're cenMnly nor going -co put a SUV on that situation. Bu~ I thip& you could make the r~ ~f you lessened the setback l'm so~ {nm'eased the setback offthe road_ and put *d~e garage doors on the side. I think it could be done IYe seen i~ done before. And ! understand your problem. I just thor& you need '~o. to look ar it a t211e. And Pm not. please. I~m not taking away un,king t~at you are proposing, and your opinions regarding this. Okay? Bui ~here*s a possibi!ity you m~ght not have gone rc the ~t architect to do t~s. And we work_ th~s is ahnos* conhned space. way it is. w~th the way youYe asking us to impac: this propeny. ~5 May 15, 2003 Sonthold Town Board of Appeals Regular Meeting Public Hearing CHAIRWOMAN: Yes, but there's absolutely no phor, the minute you're going to put ~e g~age where you are going to put it, down to 4' from the prope~y line, you're not going to be able to get a Ere track down there. Because the other side is already closed off. But you have an existing ~ont y~d of 34.7', which is al¢ost 35, and you w~t 10'. So, so the v~ces you ~e asking for ~e ve~, ve~, subst~fiaL ~. CE~ETA: The 10' is ~om, ~om the s~ey m~ker to what, the line... CHAIRWOMAN: That's your property line. Yes~ MR. CE~ETA: Because I paced off ~om where the fi'ont of the gm-age would be to where ~e ac<al s~eet is. And I have 20'. CHARWOMAN: But ~at's that s~eet could be improved at ~y time. ~d it would be improved fi~ht to ~at 10' m~k. MEMBER ORLANDO: They could take it away ~om you. MR. CE~ETA: I understand. CHAIRWOMAN: It's town prope~y. It's not your prope~y. I have ~e same thing. It's sfilI not my propeay. ME~ER ORLANDO: You'll maintain them, but they're not... MR CERRETA: Right, fight. CHAIRWOMAN: Yes. MR. CERRETA: I really don't think I could get in the side way. I would like to do that. It's... MEMBER GOEHR~GER: There's another way of doing it. MR. CERRETA: I only have like 15, what do I have, 15' or 17' to the prope~y line. MEMBER GOEHR~GER: The other way to do it is come in on a little bit of an angle ~d Page 15 Ms~y ~5~ 29©3 build the buHd~ng e~ a Ii~t~e Nt on ~ a~g~e to favor lha~ situation. Okay~ m%d thai Fve seen ~el~e a~so. ~nd actually taking away some of hhe aclual rem~ug~ar nar~e of eve~Mng you have there actua]~y is ve~ re~esh~ng in an architec~ra~ poin~ of view. Fm not an architect okay~ ard Pm ~o~ the chai~erso~. But Fm going ro suggest m you thai you go back ro a~other ~d ma~ae we cmn ho}d this thing h~ abey~ce ~or a wh~}e a~d see if you ca~ work someiMrg CHARWOMAN: V~y? ~EMBER ORLANDO: i'~} throw ~n my opinion. My opinion wou~d be. yes, you have space here. And you have fi~t :o~erances o~ tl~s ~o~, bm you did buy the house w~th ~ was wonde~ng ~f ~aybe you could do a one-cs garage. ~d make ~t 5ush Mrh the house. ~d maybe pu{ a 2~d above tha~ so you'd maip2ain ye~ 34.7 so,back. And_ you lmow~ s~dey~d, but I th~{ it% a comerem~se. MR. CERRETA: And st~ck it back... MEMBER ORLANDO: Flush w~h the house, make a one-car garage, with yo~r 2rd s'rerage. Because aH {he houses on your street, sir. I Iooked as well as the chah~oman. And ~ dMnk see any ~ O'. MR. CERRETA: All the way down there, but they've got to be wi*bin 300'. then ~ deesnk count CHAIRWOMAN: It does you know that was done years ago. From a safety paint vxew. h% nor safe to have ~y s~cmre iO' 5:om the road. PeNod. MR. 8ERRETA: 2 was a 5roman for 38 years ~n the city and ~ wou}dn'q- hSng a 5re between the build~ngs. You ~ow. whatever you ~ys do here. MEMBER GOEHRNGER: De~ends on how ~atense the ~re is. and if we have *e go overboard. Sometimes we got re ~n a suction ~re overboard. Or e}se we'N collaese eve~:h~ng dew~ block And Fm nor spewing for the Oreenpor: Fire DeN. But Fve been a 5roman for 34. 35 yens. You ~now. itos d~5}~repX when you have [6" ma~ns_ and you have 8'~ mains, and you have houses th~s close roger:her. Pm no* _~ you would May 159 20{)3 Southol~ Town Board of Appeals Regular Mee~kng Pubic Hearing MR. CERRETA: No, no, no. I don't think you can get a truck down there. But that's whatever. CHAIRWOMAN: You've been given a couple of options. We'll leave this heating open. The bottom line is the board simply would not even entertain this. Considering a 1050. You're at 34.7 now, but to go to 10', and then to go from a, down to a 4' sideyard, with this. MR. CERRETA: Well, ifI go flush, I'1I still end up w/th a 4' sideyard. MEMBER ORLANDO: I don't have a problem with that. I don't want to speak for anyone else, but I... CHAIRWOMAN: There's a couple of options. And the options are what Mr. Goehringer suggested, and what Mr. Orlando suggested. The idea is to get it as minimum as possible. Because the house, not including the deck, is already 70' long. With the deck, it's over 100' long. With the garage, it's goin.g, you're talking about 130' long house on a 15' wide lot. MEMBER GOEHRINGER: Can I just show yon what I'm talking ahout, with Mr. Orlando7 MR. CERRETA: I'd appreciate it. MEMBER ORLANDO: The other problem, sir, is if we do this, we set a precedent. All your neighbors will be I 0' off the road. We can't say no to them and say yes to you. MEMBER GOEHRINGER: This is what I suggest. That you come in like this, on a little bit of an angle. And yon cut it back like this. Okay? Thereby getting whatever you need here, okay? So, in other words, so you have the favoritism of going right into the garage this way. In other words, you're cutting offthis. It can even be slighter than that. Something like that. MEMBER ORLANDO: But ther~ you'll have no front yard. You'll lose your... MEMBER GOEHRiNGER: I doubt seriously if they use much of their front yard anyway. CHAIRWOMAN: It still would give you a 20' front yard. MEMBER GOEHRINGER: It depends upon how wide, how deep the thing is. Because he's Page 17 of ~36 encroachin~ into this area here. So this is ali storage he's been using h~e. Okay, yon ~ow, you could even come down a litffe bit more. like this. And use this flor storage, impact the 2~ sro~ over ~ existing potion of the house. Don't impact it just over the addition. And it will give you more depth than wkat you have. CHAIRWOMAN: ~at one and ff~e one Mr. Off,hdc suggested where you would keep i~fiush. MEMBER ORLANDO: Prefe~ed? MEMBER ORLANDO: Flush, CHAIRWOMAN: Yes. That's why i said to come back with 2 di(%rent plans, because you have 2 different oph2ions~ And ff~e majority will pale o?_ both of those plans. We are looking for the MR. CERRETA: Is 15' better tha~n 1O'. or? CHAIRWOMAN: 15' would not happen. MEMBER ORLANDO: ! believe. 55' my memou is co~ec:, your house ~s one of the closer houses ~o the street to begin with. A lot of ti'~em are dee7 on the water, where you are closet- :o the street than the majority was. CHAIRWOMAN: Is that okay? We'll come hack with 2 stans... MEMBER ORLANDO: Wharfs your opinion. George. before this gentleman pans back. smd... MEMBER HORNINO: Well. my basic opinion on the ~ont yard setback as he pre posed, is way out o£whack with what we would sltow. Sometimes people wan to do something they can2 do. MEMBER ORLANDO: Is flus5 better t~tan wi:at Jerry lnas sitting tight next ro you? MEMBER HORNING: You mean maintaining the 3 4'? May 15, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MEMBER ORLANDO: And put a 2 MEMBER HORNIN@: Yes, absolutely. I'd be more inclined to do that. Reducing the front yard is not acceptable to me to the extent that he has there. Even 25~ setback would... CHAIRWOMAN: Okay, well, we... MR. CERRETA: We're basically only flush is what Pm hearing~ CHAiRWOMAN: At least 2 of the board members feel that way. As I said, I'd like to see both plans, but the board members feel that way. As I said, I'd like to see both plans, but... MEMBER GOEHRINGER: But, we're missing a board member, too. CHAIRWOMAN: We're missing a board member, but Pm not, personally, I'm not inclined to reduce that. As Mr. Orlando said, there's a lot of other houses on that block f~urther setback from you. This is brand new construction. And let's try to minimize it as much as possible. WeYe just not going to end up with a 130' long building on that lot. MEMBER GOEHRINGER: Can I just make one statement before we close, or we recess? This gentlemen claimed that his neighbor's garage is forward of his house. Find out how far forward it is. CHAIRWOMAN: Yes, but we don't, get, we can do that Jerry, but that's not, that is, we have no idea when the house was built. When the garage was built, there's a CO or anything else, and that's still not going to end up with the average setback of the principal dwelling. MEMBER GOEHRINGER: No, I understand that. But I'm just saying that, that may be an area where you may allow him to approach a little a bit. CHAIRWOMAN: Okay, do we want to make a motion to recess this, and i~f so, to, to adjourn this to when? MEMBER GOEHRINGER: June's date. Page 19 of 136 CHAIRWOMAN: ~_S's o~ calends? MEMBER ORLANDO: If tha's enon~ time for the geniI~an. MEMBER GOEHR~GER: I was thiriSng the re~al~ ~reeting MEMBER ORLANDO: ~ ~us-c w~r to ~ve you e~_ougk {ime. not to mat yo'a on a calends', mqd you're not prepared~ MR. CERRETA: Fm not in a big N~a~, you i~ow. to build i~. CHARWOMAN: ~nen can you kava 1he plans? When can you have a co~p!e of ake~ae plans? MEMBER ORLANDO: He s~d he's no{ in a big ka~ MR. CE~RETA: l ~ess it wo,id td<e ~im a wed< mafoe. [ really don't how. 2 weeks? CHAIRWOMAN: Wall. I don't warn ~o p~z yon on the spoL l want to give yo~ plenty of time. Why don't we recess ins ~-o_ adjourn it '~o. June. What do we have on tlne caendar for June 5~t~? MEMBER ORLANDO: Two weeks. Il should be fine. CHAIRWOMAN: IYii's not we'll recess it to the ni~qt MR. CERRETA: If not Ni cai1. CHAIRWOMAN: We'll_ we'll, if i?s better to. if you need more time. do you need ~o go io the !9zl' of June? Tha way ycu know 5t's going 1o be done. BOARD SECRETARY: July !s~ would be the nex~ special meeting. MR. CE~RETA: The 19t~ ofluxe sounds good. k's almost a month. CHAIRWOMAN: Okay, Iefs go to ~une i9~h 9:30am. Thank you ve~ mLich. Ni make a motion to adjourn iL Motion ca, ed. See Minutes for Resolution. 2~ May 15, 2003 Southo~d Town Board o£ Appe:~s Regular Meeting Public Hearing 10:10 a.m. 3~se~h A. and Monique RobM ~5314. Based on ~e Building D~ent's Feb~ 19, 2003 ~ended Notice of Disapproval, this is a request for a V~ce under Section 100-30A.3 to raise ~e roof to second-sto~ heist at the ex~sfing single-f~ily dwelling, a~ tess th~ 35 feet ~om the front prope~ line. Location of Prope~y: 380 W~cks Road, New Suffolk; Pmcel 1000-! 10-847. CHAIRWOMAN: 1s someone here who would like to spe~ on beh~f of the application? Jo~ ~d Mon~ca Robin? Does ~e secret~ of the bo~d know whether Mr. ~d Mrs. Robin pl~ to appe~ on beh~f of ~is application? ~s ~s a h~rly s~mple application if the bo~d w~ts to open MEMBER ORLANDO: I stopped by, actually, the house, ~d spoke to a nei~bor. ~d they sa~d they were coming out Friday. I said well, I hope they ~e coming out Th~sday. Because ~e meeting ~s on Th~sday. CHAIRWOMAN: This is a fairly simple application. If the bo~d would l~ke to review it, Pm go~ng to open the being. Let's take a quick review of it. She has an existing setback to the porch, 15~ to the house. To the ac~aI house it*s 22'. And the new constmcfion's going to mean that 22~ setback, what she's doing is she's raising the roof. If you look at the plans, it's ac~a~ly pre~ s~mple, what she's doing. Simply raising the roof on the existing. R's like a half sto~y now. So she's raising fit. You can see? MEMBER GOEHR~GER: I can see. CHAIRWOMAN: Yup, see it, see the plans. And if you look at the plans, youql see that she's only raising it over that pa~. That's existing one and a half stories. You look on page two, you can see. It's fairly easy. MEMBER ORLANDO: My question for them was, with the Notice of Disapproval (NOD), says it cu~ently has a front yard setback of ~5. Proposed ~s 22. Page 2~ of 136 22 CHAIRWOMAN: Yes. ~e NOD. what they are doing, and I quesffoned that toc ~s the,.' are rinsing the porch. On t~_e smwey is ~5. ~e house is 22. So the NOD in that, is what ~t's ac?~ahy sauna, is that MEMBER ORLANDO: Thafs not pa~ of the construction. CHAIRWOMAN: Exactly. The consh~cfion is going ~o be with the house mhd not where porch is~ is eveubody cle~ on ~hat? George~ you have tony questions on ins? MEMBBR HORN~'G: No. I MEMBER GOEHR~GBR: I've been dov~ ~he:e ~ice. CHAIRWOMAN: Yes. h's really ki~A off simple. So I wi5 open fi u~ m quesfior_s 5om ~e audience. Is there ~yone in fi"~e audience who would like re speak in favor or aga:ms': application? Seeing no hands. I~li make a moffon dosing fine heating resoling decision until later. Motion c~ed. PLEASE SEE MINUTES FOR RESOLUTION 10:16 a~m. Edward and lRobert~ Trione #5300 and #5308. Based on the Building Depa~menI's Janua~ 21. 2003 amended Notice of Disapproval applicants toques. Variances und~ Sections I00-33. Secticn 100-3lA. re construct an accessow swnmming pool and garage/accessou structure m a front yard sma. ~e accessow building was disapproved also as a second dwelling construction, by design. Location of Pre Foxy: Central Avenue. Fishers Is!mud; Parcel 1000-6-3-6.~. CHAIRWOMAN: Is someone here who would like to speak on b~na~f of the application7 STEPHEN HAM. ESQ: Stephen Hmm. 45 Hampton Road. Sou?~amnton. for the applicants. CHAIRWOMAN: Good morning, Mr. Ham 23 May 15~ 2063 Southo[d Town Board of Appeals Regular Meeth~g Pubic ~ear~ng MR. HAM: Good morning. I hoped to have the ~chitect here. But he had a conflict, ~d to the extent ~at I cmn't ~swer desi~-~e questiens, ~ will submit ~n writing, or we can hold the being open. We~ve been disapproved for two reasons. ~e first relates to ~ area, the location of~e poo~, ~d proposed g~age pool house. And the second re~ates to the Building Depa~ment (BD) detaining ~at, be desi~, the proposed s~cture constitutes a second residence. The first issue, well both issues, are addressed to some extent in my memor~dum. I just w~t to, on the first issue, the ~ea vafi~ce issue, point eut that we have a tree practical d~fficulty h~e ~n that the re~ y~d consists of about 4 or 5'. It's not s~own on the su~ey ~a~ ~e, ~e s/re plan that was submitted w~th ~e application. But attached to ~y memor~d~ ~s a 1980 s~ey, which shows a 4.8' setback ~om the then existing dwelI~ng. I'm told that when that dwelling was re- ~b~shed, the re~ wall was kept in ¢.e s~e location. So, we can e~ther not build at all, or put t~ese stmc~es ~n the ~ont y~d. Ln te~s of, and ~e other ~ssue conce~ng the area v~ce wouId be the nei~borhood. There ~e accesso~ s~c~es in ~ont y~ds in this ne~borhood. Not a lot, bu~ there are some which I point ~ut in Ce memor~dum. You'll rec~l ~e L~ch application. The poo~ ~s h~t down the street. Around the comer on Cen~a~ Avenue, the Rug boathouse. Patterson has a pre-existi~g garage ~at's he,by. So it's not ~precedented to have stmc~res ~n a ~ont y~d. The location is away ~om the nearest nei~bor, who's represented here today. I~'s closer to a nei~bor who's prope~y, as ~ mentioned in the memorandum, who*s house is at least 150 or so feet ~om the common bounda~ with t[ae Tfippe*s. So, ~om the st~dards of an ~ea vahance, ~ thi~ we clearly safis~ the, stand,ds ~der the town law for the ~anting of ~ area variance. As far as the "use v~ance" is concerned, we are not asking for a use wfi~ce. We are asking for a dete~inafion that, ovemding ~e BD tlnat the structure, as proposed, does not constitute a 2nd residence. It contains no kitchen, no bedrooms, no living room. It*s an exercise room with a changing room ~d a bathroom. And, of course, there's a garage and ~ office o~ the 1st floor. CHAIRWOMAN: Mr. Ham, I doubt have a s~/ey on file. Did you submit one? MEMBER GOEHR~rGER: Want to bo~ow mine? Want a su~ey or a site plan? CHAIRWOMAN: Su~ey. Oh, okay, then ~ assume that is ? Page 23 of 136 ~EMBBR O~ANDO: On the sunny we have __. CHAIRWOMAN: These are ~oor plar_s. Let me just ask ix~da, tlxis dowsment is not irz ~is ~le. BOA~ SECRETARY: ~ can ieca~e ~t ~fyeu MR. HAM: Tiqe ne~her over here ~s at ~east BOARD SECRETARY: ~en you have two 5les Hke ~at we would :*eed duplicate m~ps for both 5~es. He needs an ~mendme~. MR. HAM: AH because of ~ mendment, I s~eu~d re-s,abmit tee maps. even thee. p_ ~{ l:asn*t chm~ed? BOA~ SECRETARY: We have one ~= the other ~e. MR. HAM: Just to wrap up on t~e use of the proposed garage pool house. My dents den*t more thmn w~at you would non=ally ~ve, but they do~'t w~ ~ess ehber. And ~ print out a case that you had several years age where you d~d pe~k with appropNate sarep~ards, afSdavhs_ and rest~ct~eP_s on the CO about conversion or rent~ng, or ~se as a second dwelling. Se, your board }nas approved accesseu s%mcmres with a bathroom in them. A~d the T~ppes are wi~[ng siN=it to a s~m[~ afSdavk rest5dens, or any reasonable restOck[ohs tlh¢.t you wo~ld Hke m your deterioration. MEMBER HORNNG: l*m cations. Mr. Hmm. de you ~enow ween ~he appl~caS: was draw{ng their plans whether they h~d considered nlNg rc attach tbe garage re the existb~g house someEew on one s~de er the other. And have the poe} sound side ef ths. t. rather i-hah {he reverse of that? MR. HAM: ~ ~Msl they-, r dor.'t know this for sure. and ~ will ge{ had{ '~o you on it. ~ they ~re taking advantage of a slope here. And ~ {hi,i< ~t"s ~ess obtrusive re h'a{ld into ~be slope. That's par of the design that the ardkect ~old me yesterday. ~ had a conversation whh him. hut i did 25 May ~5, 2¢1)3 Southo~d Town Board of Appeals Regn~ar Meeting ?ubl~c Elear~ng not ask him that question. Were this, however, and I mentioned this in the man~orandum, were this attached to the house, ffthey put structures canmecfing th/s to the main dwelling, it would be conforming under zoning. They are entitled for a lot this size... MEMBER HORNING: I wonder why they don't do that. MR. HAM: Well, it would be a great expense, ~ think to add it to the house. MEMBER HORNING: You're talking about, a great expense here already. This is a very eI~orate, expensive project from what I can ascertain. And our goal is to determine if there*s a way to do it without need of a variance. MR. HAM: Again, that's why I say I wish I could have had ~e architect here, bnt he had a problem. So I mean I have to... MEMBER GOEHRINGER: Why don't you just have him write us a letter regarding the topography and the reasoning for that. MR. HAM: Sure. MEMBER GOEHR1NGER: Mr. Ham, could you just tel1 me what this is? I mean if you don't know it, I mean, it's not a sarcastic statement. Could you tell me what this is here? ~ have no idea. MR. HAM: Fireplace. MEMBER GOEHRINGER: It's a fireplace open to both sides, you know, outside fireplace and... MR. HAM: I have one copy of the elevation. They have been, if this is not scaled to the 18', we are not askiag for a variance for that. We want to make it clear to them what the... CHAIRWOMAN: Mr. Ham, could you use the microphone so we can get this on the record, please. ?age 25 of 13~ So~a~hot~ Town Bs~r~ of Appeals MR. HAM: I~ve jus~ given Mr~ Goeh~nger a copy of some e~evatior~s. W~a~ck the ~c?~tect ~ve made it dear m t~em. And IYe sen~ t~em t~e re}es about 2eider de~rdt~ons ~d K~e keh~<: requirement for accessou sm~es. CHAIRWOMAN: Do yo~ have copies7 MR. HA~: No. tha~*s ~he only one theyYe g~ven me. CHAIRWOMAN: P~ease ge% them sxx cop~es of ~his. I 5ave a couple of ~aestions. You've ~ven us t~e ~oor pl~_s~ t~e 5oor pN~s for the poo~ g~age, poo~ 5ouse. Urn. ~:hey dor?t ir~cl'cde tko covered porch? Because ~nat you ~e showing o~ the site p}~. ~_d ~at you ~e s~ow~ng o~ t~e ~oor Minx. the fooCdnt of t~e covered porc~ doesn'~ appe~ to be ~e s~e. Are we going, wNc~ way are we going, ifs M~d of con~as~ng wh~t is ~e torah shuare footage? MR. HAM: Tqe footphnt about over ~000 sq. f~ oft~e cors~mction. CHAIRWOMAN: ~e poo~ ~ouse. let me jus~ nT m ge~ some facts here. T:_e se-cM~ed poo~ ~ouse garage is 30x34, rou~ MR. HAM: Roughly. ifs abou~ ~020 sq. 5~ CfqAfRWOMAN: Does ~at include the covered porcl~? MR. HAM: 5 had the arcNlect% assistant We me these numbers yesterday~ And that's what shoe told me. CHAIRWOMAN: Okay. ~e proposed ~ 3o! ~s !Y ~om the front side yard? MR~ HAM: Yes_ ~-om the side yard. CHAIRWOMAN: And the garage pool house and porch re the closest, this is Mso ~ont ~on~~ yard. would be 15? MR. HAM: I5 side and 40 ~ont And {hers {he side that the nei~f~ors house is sfhout i50' away. 27 May ~5~ 201}3 Soutbo[d Town Board of Appeals Regular Meeting Public ttearing CHAIRWOMAN: A couple of things. I personally would like to see you get it off the property line. This is a front yard. ff you are going to locate either the pool or the garage accessory building, which is yet to be determined, we'd like to see you try to get it as far off the property line as possible. MR. HAM: Both structures are you saying? CHAIRWOMAN: Yes, that's number one. Number two, the BD has determined that this is livable area and not an accessory structure. MR. HAM: I think they are concerned as the town generally is, and towns out here are about conversion, but they are not proposing bedrooms, a kitchen. It*s a bathroom and changing room for sun~axaertime use, when they are using the pool or going to the beach, and coming back and pulling into the garage and so forth. CHAIRWOMAi'¢: It can be very simple. Why, I can see that you would have a small garage that would have a, you know, a changing room in it. And you could call this a garage accessory. But the garage has an office in it. It has a huge, huge, exercise room in it with a fireplace. These are not customary and incidental to the principal use in my opinion. MEMBER HORNING: Could I ask a question, Lydia? Mr. Ham, and I didn't completely read the memorandum, but you eluded to, or mentioned some neighborhood things like Lynch, strictly a pool. Patterson came before us with a request to build an office in a detached garage. MR. HAM: I understand. I'm not using him. MEMBER HORNiNG: They withdrew that applicatio~, and haven't been before us since then. So there is a concern here for this dual use, or secondary use. MR. HAM: Certainly, I was using Patterson just as an example of a pre-existing structure in a front yard. To say that the neighborhood has some accessory structures in front yards. I was not using him as an example. Page 27 of 136 MEMBER HO~G: WML they no longer have thaL as you know, They have an extension, ~ey went tho route, Yes. l~ey were able to co~fo~ with thO. But your bc~d has ~'anted barrooms ~d study m~d so fo~/r~. And. a ieasi in one example tho ~;m aware o~ ~ha i ~lace there, as fa' as the 5reptace is concerned ~ ihi~ they waxt ~t ra look nice l CI~AtRWO~AN: But ~is is. wail lets back up a MEMBER HORN~G: ThO could be a master bedroom, ve~ eas~Iy. CHAIRWOMAN: Lets read ~ha you ~aid~ you said ifs a proposed g~age ~d pooi house. We are nor go~ng to :se using the pool in lne winie~ime tho would require a 5rep~ace. MR, ~A~: r would ha.'e to ask the ~c~lec: why he put k there: bm we ~e wiKing,., CHAIRWO~N: Mr. Ham. ii looks like a duck. ii walks like a duck. ~_d ~*m a~aid, ifs quacking like MR. HAM: Well MEMBER ORLANDO: Because most pool houses have o~a!side showers, nor necessau inside, Because as the (imewapied) MR. HA~: Welt, ifs trae, As of ~nL t was told by ~e BD tho ~his would have passed muster had [t been. without even coming before your board with a half ba~h and a shower, However, your board_ however_ has in the pasL approved, with condkions and so fo~h. and ~he memorandum. And we would like some cons~deraion of whether the freplace has to go or whO. Fd have re ask the archi~ec~ why fha pa~cular design ~s *here. Maybe they look. you ~ow. to look ~om !he outside. ~ don't know. [ don't know who his des~a is. MEMBER HORNING: He could put a condition, no~ to be used as living space. Or whatever. And how are we supposed ~o know ~hat this massive exercise room does ~ol become the mas~er bedroom? MR. KAM: Well. in the Chauar casc. how would you know then? You rook an afYrdavk from Page 28 of !36 29 May 15~ 2003 $ou~ho~d Town Board of Appea~s Regular Meeting Public Hear~g the owners. Yon put resections in your determination. You, I believe that the CO probably, if we have an observant neighbor here who has sent a representative who will speak in a moment who is objecting to the same son of possible conversion. Do you have eyes and ears? CHAIRWOMAN: We don't want to, we don't want to encourage it. And what the board has done in the past in 1957, or 1949, or 1989, is irrelevant at this point. We are trying to discourage the conversion of accessory structures into single-family dwellings. It's a problem. When we see a 1000 sq. ft. 2 story accessory so-called garage pool house that has a fireplace in it that defies the imagfnation as to why we would need a fireplace in a pool house in the stm~mer. And we see the design and layout this, we agree with the BD. It appears to be designed for a 2nd principal use. So, before we get to any more comments, what we are saying to you is, if it's going to be an accessory structure, it's going to have to be designed as mn accessory stracture. And I think that the board would like that, to see that. MR. HAM: The 1000 sq. ft. is the footprint. The actual square footage of the area, the exercise room, the changing room and the bathroom is 630 sq. ft. CHAIRWOMAN: It's a two-story structure. That is almost 2000 sq. ft. of space. MR. HAM: Yes, it's two-stories, I'm not denying that, but it's on a slope, it's designed to, in a way that it would not, at least from the street, I believe, appear. MEMBER HORNING: i would encourage the applicant to reconsider their design and consider the idea of attaching this to the existing structure requir/ng less of a variance, if any variance at all. Maybe a variance for a pool in the front yard with what would be necessary at that point. CHAIRWOMAN: Something minimal. Okay, thank you, George. Is there anyone else in the audience who would like to speak for or against tt~.e application? HELEN ROSENBLUM. ESQ: Helen Rosenblum, 1287 East Main St. in Riverhead for the neighbor, Mrs. Opalenski. Mr. Ham and I both have the same feeling just now. Thank you for doing my job. I'm here, anyway, because I feel that I'm here, so I do want to add a couple of things. Page 29 of ]36 MEMBER ORLANDO: Just send us yom~ check 0oHn~y). MS. ROSENBFJM: You ~ow, I will respond directly to a couple of tl:is~gs that he said. First of a!l: Mrs. OpelensM really does~::t wm~t. she wa~s to be a r~ei~bor to these people. She*s not looking zo be a vf~lante. And f !mow that [n ~i~ towns, you depen~ npon in¢ut ~om !he nei~ors. And that's a practical reality pa~[cularly, ~ would g:ess h~ Fislners [sl~d. But if this could be avoided, it's gofng ro im*~c': on 5er relationsh[~ Mth them. {nd she really doesn! wmnt ~hat. ~ey m'e immediate neithers. And she fs s~pShefic to ihe idea that she realizes the ho-ese rakes up the re~' yard. ~zt is ~ se!f-created h~dship. That whoever bust ~et house_ wl:et~ it's them or pre~ous owners, put it in that location. But I thi~i she fs veu co:zoomed about t}qe size of the structure ~nd while t~ere may 5e other garages: ~nd there may be other pool houses. ~ere are not 2-c~ garages~ [s what she's telling me. in her ne[~borhood. ~ey ere one car. And they are no~ 2-cra- g~eges, or one c~ g~eges~ ~d pool houses, in the ~md f t55~ M~at's concerning her ~s w!~at you saM. You ~ave an office, a chining room. a ba~-oom, a good size exercise room, a 5replace. You know, h ]usl doesn't seem [fke ibis what would be needed for just a room that you're goirg to w~!k on a ~eadmiil. [t just doesnk add up. Also. it should be remembered that th[s is a substandard lot by more 50%. Because ~ot is ir not 2 acres, it's nor 1 acre. And [ thi~ that's something that should_ not be i~ored e~ther. think she's concerned about agafm the enforceability of k ~d wh~t her role wouM have to Shds nor looking, shds looking to Hve there m~d not rat~[n~ on her neighbors. And. of course what was mentioned to you before by one of your members. I don't know who it was. One of your neighbors mentioned :hat if you c~ do someGing without a vaxhmace_ a v~mee is nor. you're not entkled to that relief. And apparently, she can do this without a va~ance. [ would ask to be info,ed ~f this matter is held over. if you have any questions of my client N1 be happy relate them to her. CHAIRWOMAN: What fs the name of your client? MS. ROSENBLUM: Janice O~alenski. She fs [n ~hode island. CHAirWOMAN: Could you spell [t for the record? Pa{~e 3{ of 135 31 May 15, 2{)03 Southold Town Board (ff Appeals Regular Meeting Public Hearing MS. ROSENBLUM: O-P-A-L-E-N-S-K-I. CHAIRWOMAN: And, her property is, her property is 6.2. It is to the west of the subject premises. The proposed structures do not, border between the 2 properties. They are on the opposite side. She acknowledges that the house is behind her, the existing house. These structures would be in front of the house, but they are not. going to impact her view. That's not what this is al! about. It's just simply that it looks like a very elaborate structure, apparently an unprecedented structure, as to size and use, in the immediate neighborhood, on a lot that's pretty small And her concern is she doesn't want it used as a second dwelling. And thank you very much. MEMBER HORN1NG: I'd like to enter into the record, too, a personal observation that in that neighborhood, there are no detached garage any more. The last detached garage was converted into an addition to the main house, and that the only other case we've had on an adjacent street, we did allow for a boathouse in the front yard. The garage in that property is attached to the house also. MR. HAM: May I say something else? What about, just to answer Mr. Harning's comment, [ did a little research at the assessors office on this. Mayer, which is down Cresent Ave. past Megirmi, isn't there an exercise room garage in the back on that? According to the assessors, it's in the rear, I believe. MEMBER HORNING: If we ruled on that... MR. HAM: No, it's not, no, nothing that you've granted a var/ance for... MEMBER HORNING: Pre-existing... MR. HAM: Well either pro-existing or conforming, but I'm just to point out there are detached... CHAIRWOMAN: As pre-existing, nonconfornaing, or illegal. Page 3~ of t36 MEMBER HORN~G: ~nd in a diff~ren~ nei~bor~oo& adjacent CHARWOMAN: ! tNml you've kind or,card ali the comments from tlhe beard. MR. HAM: May I. i~en requesi that {kis be held over so i can get ~Crfiiect. or consult with the architect at I~as~ ~d see ifk"s wo~X~hile to bring ~im back in ~e~.s CHAIRWOMAN: Would you like to adjomm this to a specific date? Or w~ald like to consider wi~drawing the application? ~nat would you like to do? MR. HAM: Adjommed to a ssecific date ill cam another day,me date? MEMBER HORN~-G: A re~iar meeting would be best for CHAIRWOMAN-: Why don*t we a~oum this to June 19. at 9:40 am? Is ~ia~ convenient for you? MR. HAM: ~at% fine. NI have to check with 1he architec~ SEE M~UTES FOR RESOLUTION. Mrs. Robin. we ac~alIy had your hearing earlier. MRS. ROBIN: I came too late. Do I need to spea27 CHAIRWOMAN: We did. we did have the hea~dnm lee board members did discuss l~ and we closed it and rose:wed decision. So you'll be hearing from us in the next 3-4 weeks. MRS ROBIN: Th~vou. Page 32 cf 136 33 May 159 2003 Sou~hold Town Board of Appeals Regular 3~eetJng Public Hear~ng CHAIRWOMAN: Thank you very much. I just didn't wa~t you to sit here wondering what had happened. A decision would be just up to 4 weeks, it could be sooner. MRS. ROBI-N: Is there anything that I have to do? CHAIRWOMAN: No, you don't have to do anything. Weql notify ~/ou when the board has made a decision. Okay, thank you. Have a nice day. Page 35 0f136 ]t0:43 mm. Anlhonv P~Inmbc #53110, Based on ti~e Building Depa~menfs fanuaU 15~ 2003 Not, ce of Disapprova!~ applicant requests a Vg~mnce ~mder Section i 00-24-4 to constr~ct a ney dwelling at less fiean 50 feet from the rear lot line. et 3550 Gr~thwoh! Rd. New Suffolk: P~rce 110-8-3. CHAIRWOMAN: The next hearing is on behalf of Anthony Pa!umbo. Is someone here who would like m spe~{ on behalf of the application? ANTHONY PALUMBO: Good morning, tkm Antony ?alumbo. i-low are you? With respect to the sigr_. Just by way of introduction. ~his is my wife. Tracy. And Tracy m~d I were m~ed abcut a ye~ agc We houri ibis proper:y. ~d. of course, weYe looking ro build. WeYe essentially the applicants ~ooking for ~he rem' setback variance. My w~fe works lt. R~ve~ea& She works for a law fi~. We met in law school And. ~n fact ~ wof~ed DA~s office up to about a month ago when I was iransfe=ed cut here as a ina! supe~sor of ouz east end bureau. 7m just offering ~is to let you know we ~e not necessarily n'anspian-zs. Our or, ce is fight here in the Fea*&er Hill complex as a realtor of fact So that being said. if I may provide, with respect to this setback, some information. The relief we ate ~ook~ng for is the 32.T se+~ack variance. And I've orovided sc the board copies of some su~eys regarding the immediate neighbors ro the no~h. We made ~eedom of infonmation requests m the B~ild~ng Depa~em (BDI and we didn'~ receive any others. Thai was aboul two months ago. So. we don't have any with. from Ihe M~eski or S~mclfik propehies. Bu! that is two tl~at are directly adjacenI. ~d one to the no~h. So. our relhefthat we are seekinl is 17.31 And you can see ~om the handout tha I just provided, that lhe setbacks and sideyards, and [ should say frcni and rear yards are ail within about 44'. So with respect ~o the ch~acter of the 2ei~zborhood. ~ would jusr suggest that this wouldn't ch~ge substantially by any means. And w&ve also provided a ha=alive, a rider ro our appicalion. That essentially is the basis of our application. That the stracture is reasonable mhd moderately sized. ~hai. our lot is the only undeveloped [o~' on the enl~re block. And. I believe, a]! down GralhwohI Road. ihere are a few. l behove there are two 35 May 15, 2~)03 Southold Town Baard of Appeals Regular Meeting Pubic He,ring vacant lots, which, I believe, have merged with other owners. So, the adjacent land owner is essentially the same owner. And they have just decided not to build on it. Now with respect to some mitigation, if you wouldn't mind turning to the, the survey that we have provided. As you can see along t~he rear lot line, there's a bit of jagged comer. And, this, essentially what we are looking for, at the closest point, the 32.T you can that on the survey. BOARD SECRETARY: Is this a new survey?. Because we have several maps in front of us right now. MR. PALUMBO: Oh, I'm sorry, ifs a survey of our property, specifically. BOARD SECRETARY: The new survey done by John Ehlers? MR. PALUMBO: Yes. BOARD SECRETARY: I just want to note that for the record. Thank you. MR. PALUMBO: Thank you. That it's for a span of about 10' is where, is the shortest point, that's 32.7'. And then it immediately jumps about 11, I think it said, 11.17' toward the rear lot line. So, essentially, we are looking for, after that short little span on that kind of strange comer, that bizarre comer along the back there. It immediately jumps now to about 44'. So, then we are only looking for about a 6' variance, And, as the lot line runs diagonally away the hmne, essentially when you get to the southernmost tip of the structure itself, the proposed structure, you have in excess of 50', so we've met that. And there's also a letter that I saw from Teresa and John Simchick, and have had a number of conversations with them. They are very lovely people. Their concern was, as you could see, they mention in their letter that they don't object to the rear setback. They're just concern was they were hoping to have the house as close the center as possible, and they ask that, at a minimum, we maintain the 22' sideyard. And that was Page 35 of !36 contempla:ed when we originally did this design that we were !eoMng to kee* %e t:ouse as far away ~em~ altlxe~gh we could have squeezed it ~n{e ~5L And 5~ey are concerned. Tneresa~ as you may knew. works for a smwevor, and sde thought that just an off'er 5y ee hoar~ as some mitigation, would be to squeeze the house ~n that sou2~em comer mud then eot va:dance would only be. like I indicated earI{er, probabiy around 6' because we'd be in that upper comer around that jagged edge. And we could. I go. ess, argue {inat the gagged edge area we,aid be g~ side yard so that wouldn't effect us. And that we now~ just be Iooking for the se{back in the larger szea. So, t?zat~ j-asr ad&ess~ng that specifically, ¢'mt's why we ultimately put, thought that this would *se the most practical area re p~: {he house in. We did reduce the size when we designed {L 'in fgct ies probably about tk.e same size as the garage on t!rat last applicss2 thal was here. The whole house is, but... MEMBER ORLANDO: Plus. you get an established garden in the Back yard. A free gsrden you get there as well MR. PALUMBO: Yes. from our neighbors. I met. there's a new owner, actually. And ~ believe [ may have indicated that. Terence Higgins. it used to be James Bytlqe. And ac~mlly it's a woman. Rosanne Bums. who f had me: when I was poking around a few weeks ago on the property. So... CHAIRWOMAN: I have a couple of questions. Mr. PalumBo. MR. PALUMBO: Certathty. CHAIRWOMAN: The Eh!ers survey indicates tha? the NY tidal wetlands were flagged, in Dece~ner. and ! assumed tbst's wbat's show~: on this mare Then it snows that tine wetlands flags were located on 1-14-03. 37 May t5, 20{~3 Southold Town Board of Appeals Regular Mee~ng Pubrfic Hearing MR. PALUMBO: I actually have, if I may inten'upt, I'm sow, but I do have a newest su~ey on the DEC iaas ~ted us a pe~it wi~ respect to that. The issue was, that Mr. Ehlers had desi~ated ~e wetlands. I ~ess on his own. ~d then the DEC had sent one of their en~neers out who officially flagged it as wetl~ds. And they said "we wmt verbatim on the new s~ey, you could put exactly this lan~age and, and the exact markings as indicated by our people, not yom- su~eyor". So, we went out md we did ultimately do that, ~d they have ganted us a pe~{t. I do have that with me as a matter of fact. CHAIRWOMAN: Now, do you have required Trustee approval? MR. PALUMBO: In light of tI~e moratorium, no, not yet. The wetlands are across the street. CHAIRWOMAN: Let's back that up. Do you require... MR. PALUMBO: Yes. CHAiRWOMAN: You do require Trustee approval. MR. PALUMBO: I believe so. We think we do. CHAIRWOMAN: The reason I'm concerned here is because, we do not have a map showing the, the state's jurisdiction, as far as the flagging. If it is within the jurisdiction of the Trustees, usually they are looking for a 50' buffer zone there. But I don't have that information in front of me. Did yon, have you contacted the Trustee's office at ali? To at least determine whether they are going to require permit or not? MR. PALUMBO: I did make some inquiry actually over in the annex there. And they indicated that since they are revamping the code, we don~t know whether or not we would need one. That Page 37 of it may ac~al!y be a no ju~sdiction si~ag!on since we have the paved road be~een us mud the wetlands. I believe it's about aT, or 83' '~at we are ~om tie wetlmnds. 83~. So. uhima~dy we may, the DEC is requi~ng a 20' buffer ~nd ~hat we re-vegetate with celahn t~es of pi~fzs mzd maes. CHAIRWOMAN: Do you have, do you have a map showing, that you can give us, showing exactly what the DEC has required? MR. PALUMBO: Yes I do. MRS. PALUMBO: We actually, if I may. the day that we wen: to 5ia our %npiicatio2 in the Town Trustees was the day that Ge moratorium (lnaudlhle} And that's why. CHAIRWOMAN: Oh. I see. MR. PALUMBO: This is {he one that xvas approved by fiqe DEC Tine eelir was rendered based upon that. CHA~RWOMA1N-: Oh. I see. MEMBER ORLANDO: Even if you got it in the day before, you still would have been in the MR. PALUMBO: That's why we were hoping to have ali of our ducks in a row. and the last agency we have to deal with would be the T~stees. MEMBER HORNtNG: Sir, with regards to the proposed placement of your house, am I correct in distilling what you had told us info saying that you could have situated tiao house more ?zge 38 of t56 39 ]Y~y ~5, 20~3 $outho~d Towa Board of Appe~l~s Regular Meeting ?ubl~c E~ear~ng properly on the property with a 15~ side yard? And required less of a variance for the rear yard on the whole, but to accommodate some input from your neighbors, you decided to shin the house to greater than 15' on the side yard, which requires slightly more of a vafim~ce in the rear yard. Is that correct? MR. PALUMBO: That is correct, sir. I don't know if we would make it ail the way past the comer if we were to move it 7' to the south. We still would probably need one. And it would be right around ~['m assuming 34', another foot or two va6ance based upon the peculiar shape of that comer there. CHAIRWOMAN: A couple of things here, your application is showing a 63x42' house. MR. PALUMBO: That's including the deck, which is, I guess, accessory. And the garage. That includes the entire structure itself. I don't know if it would be considered necessarily living space. CHAIRWOMAN: The footprint, it's about a 2600 sq. ft. footprint. And the real qnestion I'm asking because, when you look at this map, they have, the DEC has already indicated this natural vegetation buffer. I'm just wondering why you couldn't either delete the porch, pick up extra space, so that you can, or replace it in another location so that you do not require the degree of vafim~ce that you are asking for. MR. PALUMBO: I believe that the shape of the house, the way it's architecturally designed, is that those porches are load-bearing walls. So that would completely alter the, I think, the integrity of the structure. CHAIRWOMAN: Of the porch? Page 39 o~' ~36 MR. PAL~BO: Of the, yes. because the porch, there are overhmngs, and u!fimatelv the. some areas of/he upper floor actually are suppe~ed by the porch. So, you'd have to redes~z the entire s~cuare. CHAIRWOMAN: I don*t kx:.ow, but. L we. historically, this is a brsz~d new lot. And the setback ~s 50L you're asking for 32. And historically what we would ask you ts do is to red:ace tlae deg;'ee off the v~smce. [Cs a br~d new lot. !Cs a br~d new lot. Amd can a house be ~uiit on fi~is lot wifinout a vafiance~ Yes. it c~. ~is is the house you wmaL The question !s~ can it be built without a v~ance? Cmn you build a house wifiz a 50'~ Yes. you could. There's no ouesfion about that. MR. PALUMBO: ill could, regarding tlne overall area o£ffze Sot as well. iffs 23.025 sc_. fi3. my ~fe ~d I had somewhat joked about it, th~ we were hoping to, m. af>e we could deed to 5he town. 3026 sq. ff. would get us ~nto the lower re~uiremer~:s of a 35' re~ y~cd and a y~d. And fi~is p~icular stmc+mre would be well within the confo~hng Emits CHARWOMAN: That's not what the code says. That's not what the law is. And we get a little sensitive when we are looking at a brm~d new house on a brand new IoL and you sro reeuesting a variance of {his degree. And we say, "wait. can a house be built on this lot wifi~out a vs~fance? Yes. Is it the house that you would want to build} No. So. we're looking for a comprorn:se. MR. PALUMBO: I understand, so. is it practical, though, tc pu': the structure, a proposed structure that would fit in this very strange building envelope, snd if i_ could maybe dig our~ a survey 'co show you. with that corner, we'd be looking at a 20( sq. fi. bome~ Basically a garage with s room mud a bathroom, is what it would ultimately be. CHAIRWOMAN: [frs the width of th~ house thaCs creating the variance. The width of the house and the porch is creating the varxance. 41 May 159 2003 Southold Town Board of Appeals Regular Yleeling Public Hearing MR. PALUMBO: Right. But the width, as 1 indicated earlier, on the most southern, I would suggest, half, it's completely conforming. That house, just the fact that it shrinks down. The building envelope shrinks down so quickly toward that gagged comer that just to keep a square house, that is where the variance comes into play. And the living space in this home is around 2300 sq. ft. It's three bedrooms. We certainly intend to raise a family. So, we would like to have a fairly decent sized home. Not much bigger than that. And we did reduce... CHAIRWOMAN: Let's hear from the other board members because we do have to get going here. Mr. Orlando? MEMBER ORLANDO: I particularly don't have a problem with this setup. I visited the lot and 11mow, I can see the reservations on the neighbor with the 22'. Because there's not really much natural screening there once you get fid of all that scrub cleating, they'll be not much there, so I can understand her point. I agree the majority of the house is probably in compliance with that. A small part is. My only big reservation is this is new, and we've seen it many times before, you know, if we did give a 32.7' variance, and the foundation is off2', 3', they are going to red stamp yoLzr plan. And we've seen it. CHAIRWOMAN: Is it 32' from here too? MR. PALUMBO: The variance would actuallybe 17.3. MEMBER ORLANDO: So, that's my reservation. We've seen them come 10' off, 2' of£ So, you're putting yourself in an awkward position that they are not rocket scientists, they are off plus or minus a foot. MR. PALUMBO: Right, it's heavTf work, so. And 6" is the amount of wiggle room that you're allowed? Is that typically, it has to be within 6" of the proposed? Is that... Page 4~ of CHAIRWOMAN: No. but see the o~22er thing ~s 32~ at the closest point in tlnis lccg~on~ but 32' wouldn't me~ that we could go 32' ~om that Httle nook there, grad then we can have a deck that comes 32' from where it juts ou~. ~at's why you're cutting yourself real sho~:. Homing. MEMBER EiORNEN~G: Sir. existing septic system, why don't you tell us £~out that? MR. PALUMBO: The previous owner, Mr. Norman Ma~'no had owned the lot since i~e early 80's. And in fact, he had a building pe~it as my understanding~ for a home~ and put down the well, you can see. you may be able to see in the front comer, fnere is~ it looks like a monument. But it is fn fact a well that w~s put in. He had lhe s~tic, {he leeching pools, and the well pm and he sz{d somee&hng personal had come up. He never beg~n cons~acfion on the building ~_ fine ye~ 2000, he reappi~ed. And the code had completely chmnged: really: with respect to the well and the s~fic system. And he ~xlt~mately just t>zew his brands up {n the aft ~d sold it re CHAIRWOMAN: Okay, we have got to get moving here. Mr. Goehringen MEMBER COEHRINGER: I persona]I} don't have a pa~iculer problem with the house and ~e location you are proposing. I just wanted to know. Mt'. Palumbo. if you could gi. ve us the depth of the porch, at it's closest point. 2om the house to the edge of ~'he porch. Nothing you have to get fi~nr now. in case we warn to play. we want some area to increase that 30.32,7. Oka~ MR. PALUMBO: That would be along the fi'ont, where we co~fid mgfbe move the house fo:ward. MEMBER GOEI-fRExJGER: Which is bas za!ly lhe sou&west side. d~'.t in t5zat a-ca where it says 40' on the smwey. Just tell us where that is because if that could be reduced :o yast a walkway at that point, still creating the same porch, you could give tha! increase to the 32.7. Fage42 of 136 43 May 15, 20{~3 Southold Town Board of Appeals Regular Meeting ?nblic He~r~ng You understand what ~?m sa34ng? CHAIRWOMAN: That's what we, you know when I said we could cut that back a little bit. Okay, so, if, let's see if anyone in the audience has any comments on this application. Okay Mr. Palumbo if you could, we'll close the heating, and then you will submit that little cut, showing the cut to the board. With the, how many days would you like? MR. PALUMBO: Could we have maybe 2 weeks? CHAIRWOMAN: Is that sufficient? MR. PALUMBO: It's up to but we'll get on. CHAIRWOMAN: Is that sufficient time? MR. PALUMBO: Yes it is. Thank you. CHAIRWOMAN: To the board within 2 weeks. MEMBER ORLANDO: I know that good surveying company. MR. PALUMBO: I think I met his brother once or twice in the DA's office in Riverhead. CHAIRWOMAN: I'll make a motion to close the hearing, and Mr. Palumbo will submit an amendmer~t showing the cutback on the deck within 2 weeks. PLEASE SEE MINUTES FOR RESOLUTION. 44 I1:~5 a.~ Jel~ Se~er~f ~O~. Based on ~he Buildin~ Depa~menffs J~maW 10. 2003 Notice of Disapproval, applica~2 requests a Vafiaxce render Section 100-239.4B ts cons~ct addifion~ s} to tP~e dweNing at less than 75 feet from the existing bul~ead, at 565 Gull Pond Lmne, Greenpom Parcel 1000-35-46-28.27. CHAIRWOMAN: We have a request from the applicant to adjourn fi'frs he~ng. We had caied the a~plicant and confi~ed hhat the app!ica~r would be available for this date. and ~en mnfo~nate~y fi~t after the legal notice had gone out, the applicant I~ad sent us a letter asking for ~ a~o~enl on this. So, yes it was adve~ised for this dale. MEMBER GOEHRINGER: I'd like to suggest thst you skip the next reg~alar meeffng, ~nd you go o:z to July, since we've already taken two. arid placed them on that Pane calendar ffrom tkis meefing. Oh. you have it worked ou~ already?. ~ ffnirX k should be a ]~zmp when you have a situa'don like this. CHAIRWOMAN: So i think wha? we are going to do is we are going m recess th!s without a date. MEMBER GOEHRINGER: Okay. CHAIRWOMAN: So_ Pm going m open iL recess it without a date_ and then if we ge~ written confirmation, when we gar w~tten confirmation, wa'il go back on the calendar, and not until fl~en. So the hearing ~or John Sevefim. is there anyone in the audience wh{ would Hke to speak in favor or against this appiicstion? CATHY MES!ANO: I'm Mr. Scvefini's agent, but Fl! rese~w-e anF~hing until the heating is rescheduled. I had no control. He notified me after everF-hlng was set. and his ardnitect was unavailable, so it was out of my hands. Patio {,4 eY !36 45 May 15, 2003 Southold Town Board of Appeals Regular Mee~g Public Hearing CHAIRWOMAN: I understand that, but the real problem is that we have, tight now, almost 80 people who are waiting to get on this calendar, and... MS. MEStANO: As you know, I am very careful about how I use the board's time. And I don't like to waste your time. So, I apologdze I tried to leave it on the calendar, but he did not want to do it. So, ~ can only do what I can do. CHAIRWOMAN: That's true. That was Cathy Mesiano. So, I'm going to make a motion to recess this hearing without a date until the board receives written confirmation from the applicant that he will be able to attend either a July or August heating. MS. MESIANO: What are the dates of the July and August hearings? CHAIRWOMAN: You can get that information from the secretary afterwards. I really don't have it in front of me. SEE MFNUTES FOR RESOLUTION. 11:08 a.m. Matthew R. Mauro #5276. Based on the Building Department's November 12, 2002 Notice of Disapproval, applicant requests a Variance under Sections 100-242A and 100- 244B for "as built' additions and alterations to an existing dwelling with a single side yard at less than 10 feet. Location of Property: 300 Bartley Road, Mattituck; Parcel 1000-144-3~29. CHAIRWOMAN: Is someone here who would like to speak on behalf of the application? MATTHEW MAURO: I'm Matthew Mauro. Page 45 of I36 46 Soue~o~d Tow~ B~a~d ®f Appea~s CHAnP~WOMAN: Wlnat can yon te~! us. Mn Mauro? MR. MAURO: I have an as-built extension on the right side ofmyhouse :ay 8 feet. CHAIRWOMAN: New. you know i looked at this Mr. Mauro. and it is. i'm not quite &ear wha~ you're planning. ! thought originally it was just for the batbxoom, an~... MR. MAURO: Yes. thais what it is. CHAIRWOMAN: Oh. it is? i~'s just for &e as-buik barN-eom? MR. MAURO: Yes. it is. CHAIRWOMAN: Because the as-built bathroom, you know the new survey thru you had MR. MAURO: Yes. CHAIRWOMAN: i'm not sure that I l~now where that as-built hatI%oom is. MR. MAURO: Tine surveyor didn't put it in when he didn't it So I were back to him and l said to him "you didn't put it into the new survey". So i went back to them and they put it in. i had given you a 2nd survey, CHAIRWOMAN Lefts tel1 you what. Let's put it on the sun, eys figlm now. So that. fig}? new. the onginaI survey. Page 46 of !.~ 47 May 159 2{)03 Southold Town Board of Appeals Regular Meeting ?~bl~c Hearing MR. MAURO: Or/gJnally it went this way. This was 14'. So what, we just extended it 8'. CHAIRWOMAN: So the bathroom is _. If it's all tight with you, what I'm going to do, is I'll .~ust mark this in here, is that accurate? MEMBER ORLANDO: 8 ½ x 6 ½ the bathroom is. CHAIRWOMAN: Ok, I think we're in business. Just use the n~ike. And 1 have a couple of other questions. Now the deck, this is a new deck? MR. MAURO: No, it's an old deck and there is.a CO for the deck. CHAIRWOMAN: So you have a CO for the deck? MR. MAURO: Yes, that's ali done. CHAIRWOMAN: So all you're here for is the bathroom? MR. MAURO: For the bathroom I put on. CHAIRWOMAN: It doesn't show up on this survey, but really exists. MEMBER ORLANDO: They incorporate it into the final plan. MR. MAURO: I also put a pergola up, and I'm just finishing up clearing that out. As of today, had gotten the engineers okay on it, and I had given it to the Building Department (BD). ~ a~e 47 of 48 CHA~H~VO~iAN: ~ don't have any questions_ Mr. Or!ando~ MEMBER ORLANDO: No questions. CHAIRWOMAN: Mr. Homing. MEMBER HORN!NG: Sure. How did it ge'r m be built withou* a building permk7 MR. MAUHO: Z ?_ave no excuse, it's something that we needed, so we just ]nad it done~ MEMBER HORNING: You hked a contractor? MH. MAUHO: A very good friend of mine is a con~racror. MEMBER HORN1NG: I see. CHAIRWOMAN: Mr. Goe~inger? MEMBER HORNING: And how did you get cited {hen afterwards? You went for s CO on tlhat or something? MR. MAURO: i put up a pergola. I kind of got hit with a wide brush, They were looking at the person next door. and I saw some banging. I put up the pergola. And l{ didn't tbi~< I needed a pe~t for a pergola, but I found out shine ~hen i do need a pe~it for a pergok which Fm jus~ finishing taking care of now. MEMBER HORN~rNG: Wken was the bShroom built, sir? 49 May 15~ 20~)3 Southold Tow~ Board of Appeals Regular Meeting ?ubIic Hearing MR. MAURO: About 8-9 years ago. CHAIRWOMAN: Mr. Goetn:inger. MEMBER GOEHRINGER: No questions. CHAIP~WOMAN: Is there anyone else in the audience who would like to speak for or against the application? Seeing no hands, I'll make a motion closing the hearing reserving decision until later. PLEASE SEE MINUTES FOR RESOLUTIO.N ][1:22 a.m.S. Sachman and A. @uadranl #5302. Based on the Building Department's October 1, 2002 Notice of Disapproval, applicants request a Variance under Sections 100-33C and I00- 32 to locate an accessory swimming pool as an accessory structure at less than 50 feet from the front lot line, at 4705 Nassau Point Road, Cutchogue; Parcel 1000-111-%9. CATHY MESIANO: ... We don't have area adequate on the south side. The lawn area on the north side landward of the house was a consideration. But due to the topography of that area, we felt that there would be retaining walls necessary. There would probably be a situation. A potential for an erosion situation down onto carpenter road, which is not a road. It's a thoroughfare, a walkway, to the beach for the residents in the area. CHAIRWOMAN: If you put... MS. MES[ANO: The north, and offthe northwest comer of the house. The terrain in that area slopes would require substantial disturbance to the ground. The shrubbery that exists would have to be disturbed. The overall disturbance to the land would be significant. Also, it doesn't Page 49 of ~36 May i5~ 2¢03 S®uthold Town Board of Appeals show but I do ~new that ¢~e septic system is in thg re'ea. Thais ~ ~ir. er cor_sidergtlon. Tte re tine so~ath, off the souf!~wes{ comer of {i~e house, was a liV:!e ti~c. And also you may fecal!, but we were beD~re you for a minor v~dance a year or se ~go for the overhang of ti~e second story addition. ~d a~ that time. tY_e Sal~ons. t!~e neW,bors ~'o the sou~z ca~ and expressed ti~e~r conc~ :hat they*re no~ ~nt~d~ng [n:o their '~space'. ~nd we ~hou~h~ by going down in the no~hwest comer of~e property we were as far as any o~her prope~ies~ We ~e v~s[b~e ~om guy prope~es~ There's not a prope~ owner re our nook. The gzea ~s love!, l~s. h~ ~ est~ol~shed lmndscg7 e. !t~s not v~s~Ble ~om gn~here. So, we don~t reaHy thinl there's better a]~e~t~ve. The poo~ hs been sca~ed back. You c~_ see ifs gn i~e~igx dimension. !~s 25x45~ So. it's more a~ong ~he Hues of a ~ap pool ~hmn a... I~ so~. I :an~: talk m~d chew bubble ~ ar the s~e t~me. so l E~ou~:t Fd ~ve you a ch~ce CHAIRWOMAN: [iusr. no. I wondered, because you had said that you had talked about aIternatives~ mud I wondered if we could get this pool closer to the one-~mme garage~ MS. MESIANO: There's only 10k It's only lO' off'the gazage. CHAIRWOMAN: There's only 10' off the garage. Is Phs* to tlne patio, or zo the ~soo]. or what? MS. MESLiNO: Thafs. I believe I measured it. Let me do {t again Exc~se me. we've go~ from_ we've got i5 mszx. i47 off of the sout]~ comer to the edge of'the pool. And we've got of lhe nonth. CHAIRWOMAN: [s that ~he pool. or ~-ke ps*fo? MS. MESiANO: T~at's the pool. The pool proper. CHALRWOMAN: Yes It's very, very, close ro Nassau Pt. Road. ?artlcu!grly whe:~ youre P~ge 5( of 154 5~ May 715, 2003 Souttml~l Tawli Board of Appeals Regular Meeting Public Hearing viewing the required setback. It's a large piece of property. The required setback is 50'. So you're (interrupted). MS. MESIANO: It is a large piece of property. You know, a quarter of it is taken up by bluff and bank. And we didn't want to come for a variance seaward of the house, which is why we're back. We thought this was the most minimally invasive location on the site because it's landscaped all around it. It's level. There's no requirement for any retaining structures. It shouldn't create any erosion problems off into this Carpenter Road area. And the closer you bring the pool to the garage, the more shadowing you get from the garage. So, you know, with as many trees as you've got on the north and west side. They'd like to retain some of that southern mad eastern exposure to be able to get some sunlight in there. CHAiRWOMAN: I understand that. The board rarely grants a pool in the front yard at 26'. We just, we would not do that for the road. And the fact of the matter is the patio where people, is going to be only 11' from the property line. MS. MESIANO: That's just block, that wilt be block at grade. And there is landscaping with some berming along the front. So it's, you know, it's not out on the road. It's not visible from the road because it's screened entirely in evergreen. CHAIRWOMAN: As we know, there's all kinds of different sizes and shapes of pools. And you have a number of options when you want to put in a pool. Different, you know, rectangular, irregular shapes, and everything else. MS. MESIANO: We've gone with 15x45 because 15 is really a minimal width. CHAIRWOMAN: Would it be possible to put in a regular shaped pool, like we've seen many of them in the area that would be eased between the house and garage? Page 5~[ o£ 236 MS. MESiANO: Again. if we 8o between the house and the ~a$ ~. wske dedin~ wilh thai ar~a where there's cuite a bit of te=ain. You're going from 62' down ro 52'. There's going ts need to be retaining str~cmres. A lot more... CHAIRWOM~N: I'm nor talking about up there. Fm talking about between the nor*Jr, section. between the garage and the house where youYe ~howing elevations of 65 talking, there's no elevation shown between 65 and MS. MESIANO: You're talking off the northwest corner of tlne house? CHAIRWOMAN: Yes MS. MESIANO: That's the area that we felt there_ it -was too much ora slope and we didn't wmnt to get into tlne erosion problem that may occur having to disturb that area. MEMBER ORLANDO: [ think there's an erosion problem there already that X would visualize. In my opinion, if ~ could make a comment? If this were my ho~se. I'd prefer it there. Well [ have girls, and Ud like them to be down. There's a lot of privacy down there. As opposed to ha~ng them sunbathing ri~t on the road. You'd have the southern exposure. And it would be nice and tranquil down there. And quiet, you wouldn't hear the cars. i think it's the idea! spot. CHAIRWOMAN: A regular shaped 1: >ol in there with no problems. MEMBER ORLANDO: More privacy. I'd want that for a pool MS. MESIANO: Also fire fact that the septic system is in fiqat area. And the water supply I!ne comes in that a:~ea is a probIem as well. Page 52 of LSd 53 May 15, 2003 Sou~hold Town Board of Appeals Regular Y/ee~ing ?ub//c Hearing MEMBER GOEHRINGER: Can I make another suggestion? CHAIRWOMAN: Yes. MEMBER GOEHRINGER: Why don't you just swap the garage for the pool. In other words, just move the garage over where the pool is, and move the pool where the garage is? MS. MESIANO: Won't you still have the same problem? A setback is a setback. MEMBER GOEHRINGER: We understand that, but from a safety situation, if somebody intends to go into the property, they would then have to go through the garage before they went to the pool. The garage itself is something that would easily be picked up and moved over. Break up the slab and build a pool where the garage is. MS. MESIANO: I'I1 take it back to them and ask them. CHAIRWOMAN: To physically move the garage, Jerry? MEMBER GOEHRINGER: That's a cinch to pick up. MS. MESIANO: I'1l certainly propose that to them. MEMBER GOEHRINGER: I have to tell you that I looked long and hard at this. And I'm not trying to eat up time here. And I personally of the pools that we've granted in these areas, one of which was extremely offensive to me. And that was on the comer of Pequash Ave. in Cutchogue. Because of the [-ming radius and the degree of the fact that somebody could go through the bushes into the pool. Page 53 ofi36 M~¥ 15.20©3 MS. MESIANO: i recall fi?mt situation. TLat -was on the Main Road. MEMBER GOEHRLNGER: ! didn't vote in favor of that because there was no g-u. ard rail MS. MESiANO: That was the Main Road_ and I a~eed with you on that because that was Main Road. MEMBER ORLANDO: This is the Main Road. toe CHAIRWOMAN: This is a main road. MEMBER GOEHRINGER: Because of the jogs in the road, in Nassa~ Pt. Road, Mr. Sorazzinh whds in the audience, knows ff~at better because he h~ppens m Eve ~i~er down the road th~ this. Okay? There's alweys that possibility. But ~om ~ aesfiaetic soint of view. what better to have closer to the road th~ a garage, then a pool? MS. MESIANO: [*II take it back to him MEMBER GOEY-~RINGER: [ don't thimk that's a really expensive ~ssue. MS. MESIANO: I~II take it back to him and see xvhat kind of alte'matives he wonts to come back with. CHAIRWOMAN: ! thip2< there are two things we are saying ro you. Ideally, the pool can be located in that little area next to the driveway... MEMBER ORLANDO: East of ff~e garage, And maybe it won't be this desis~ pool but &ere are a number of pools that could fit in there. Pa~ ~ 54, cf i, 35 55 May 15, 20~3 Sou*hold T~wn Board of Appeals Regular Mee~L~g ?~b[~c HeatLog MS. MES]ANO: In all due respect, there are a number of pools that could. But when a person has a specific use in mind, you know, they might not want a free formed kidney shaped pool, they might want a lap pool because they are not building a gym, an extensive gym in their garage. CHAIRWOMAN: It's also tree that you are asking for a variance. And they have to recognize that, you know, this is what they want. This is what ~e code says. If they don't want to design something that% going to require less of a variance then what you're requesting, then our hands are tied and it will be a flat out denial. MS. MEStANO: As I said, I'll go back to him, and we'll discuss alternatives. And we'll bring some alternatives to the board. CHAiRWOMAN: George? MEMBER HORNING: Technical question to the chairperson here. Carpenter Road, is that going to be considered a front yard also or not? CHAIRWOMAN: It may be, but it will be treated like we usually treat, you know, a right-of- way. MEMBER HORNING: We'll call it the 2nd front yard, if it is a front yard. MEMBER GOEHRiNGER: Last comment, if you flip the garage for the pool, and you made the garage a little more conforming, basically what you're proposing the pool to be, and setbacks from Carpenter Road, it would also create a ~eater area for you to build in with lesser elevation. MS. MESIANO: That is the flatter area of the property. Page 55 of 13~5 0HAIRWOMAN: George, do you have any preference on w'nere we shou!6 ~ve tl-_.e ~vplicent direction? MEMBER FiORNTNG: [ believe the pool should be looked at in terms of eitlter being in- between £~e g~rage and tlne horse. Or possibly in conjunction witi~ tP~e idea o£moving ti~e g~zage end creating a little more room. MS. MES7~ANO: Can ~ have a date? CHALRWOMAN: What date would you be able to get this to the deadline7 MS. MESLANO: I'd tike to do it as soon as possible. They'd like to get this in ~hqis year. started this in Jenue~w.. so it's not ur~easonable. CHAIRWOMAN: If we adjourn this m, what's the special meeting? Would Jmne ? give you enough time? MS. MESIANO: Yes. MEMBER HORNING: May f make another suggestion, in te_~Tns of alternatives? if tlne garage were to be moved, perhaps it could be moved re that rectang'a!ar son of shape in the dNveway. And put it fight in ~ont of f~at brick wail. walkway t~ea. And then you wou!d be open~ng u~ a lot of mom for a pool on the no,hem m~ea. Maybe, by eliminating ~at pad going to the garage. CHAfRWOMAN: Good point. George. MS. MESLANO: Then we're eliminating some driveway parking area. Because you don'{ wa~t to park on Nassau Point Road. If we were going to do thaL i'd ra*&er see 1he pool willq the 57 M~y 15~ 20~3 Southo]d Tow~ Board of Appeals Regular Meeting P~b~c Hearing · garage at the westerly limit of this proposed pool area. And the pool is going to, again, all this driveway is ali new and fully established, so we'd have to dig this all up because they'd need to provide adequate, you know, off street parking. MEMBER HORN1NG: It does seem odd that they would do ali of this work, and not consider, and then very soon afterwards, propose something else. MEMBER ORLANDO: I thi~tk the logistics are getting very high tech just for a pool. I mean I'm sure they're better off just leaving the garage as is, and just relocating the pool. MS. MESIANO: Well, I'1I go back to them and see what alternatives we can come up with. MEMBER ORLANDO: Because once you move the garage, now you move the driveway pattern, you're just snowballing the situation. CHAIRWOMAN: I'd prefer to see it relocated between the two buildings. MS. MESIANO: I'll go back to him and come back with something that's... CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application? Seeing no hands, I'I1 make a motion to adjourn this to June 5t}( Is that sufficient time for you? MS. MESIANO: Yes. CHAIRWOMAN: Tt,~en you get the plan to us beforehand, Cathy, by the Friday the 29th, so all the board members can study it. We'd appreciate that. Page 57 of 136 58 May 15~ 2003 Sou*hold Town Board of Appeals Regular Meeting P~b~c ~e~r~ng BOARD SECRETARY: What time would you like to schedule that for? CHAIRWOMAN: How about 7:I07 Is that good? MS. MESiANO: Fine. CHAIRWOMAN: Okay, 7:10 p.m. June 5th. MS. MESIANO: Will this need to be re-noticed? CHAIRWOMAN: No, it won't, MS. MESIANO: Okay, and prior hearing, Severini, wii1 that need to be re-noticed? CHAIRWOMAN: Yes it will. MS. MESIANO: Thank you. MEMBER ORLANDO: Feel better, Cathy. CHAIRWOMAN: I'll make a motion then. SEE MINUTES FOR RESOLUTION. 11:42 a.m. D. and V. Sonnenhorn #5315. Based on the Building Department's Jauuary 9, 2003 Notice of Disapproval, applicants request a Variance u~der Sections 100-242A and 100- 244, to construct additions/alterations to an existing dwelling at less than 20 feet on a single side Page 58 of ]136 yard and less tlzszn 45 feel. at 690 Old Woods Pge_. Southoid: Parcel 1000-87-i- 20 CHAIRWOMAN: We have a request for an adjourrmaent, they also did not comply with chapter 58. This was also advehised_ and we got a request from iN_em to adjomT~ b. Would tlne board like to ha~ndle this in the same mariner that we handled Mr. Sevefini? MEMBER GOEHRLNGER: N% ~ve them a date, MEMBER ORLANDO: No date. BOARD SECRETARY: It di&ft comply originally with the notice reqmrements. So it would have to be re-noticed. CHAIRWOMAN: It does have to be re-adve.Vdsed. BOARD SECRETARY: It's defective fight now. CHAIRWOMAN: ?m going re open the hearing, is someone here who would like 'fo speak on behalf of the application? Seeing no hands, !~Ii make a motion te recess this heating without a date until the board receives confi~ation in writing from the applicant that he will be available at e4fi2er the July or August meeting. SEE M~UTES FOR RESOLUTION. ~1:43 a.mo Richard W. Cerazzin[. Jr. #5304. Based on the BuiIding DepmZment's lanum~ 23, 2003 Notice of D~s~prova!. applicant requests a V~tiance under Secffon i00-244 to locate a new dwelling $~ less than 35 feet from the rear lot line and less th~ 25 feet for both side y~d setbacks_ at 2925 C. R. 48. Matfftuck: Parcel I000-!4I-2-I3. 6O May 15, 2¢03 S~utho~d Town Board of Appealls Regnant Meeting Public He~r~ng CHAIRWOMAN: Is someone here who would like to spe~ on behMf of ~e application? You're going to replace the ~ailer with a modul~ house? RICHARD CORAZZ1NI: Yes. Or/ginaily I bought this property, I don't know, approximately 3-4 years ago. And it had a trailer on it. I believe I gave yon pictures of the trailer that was there. And I obta/ned a building permit to demo the trailer and replace it with another house trailer, witbfin the same building footprint, or the same building envelope. And since that time, I~ve looked into some modular homes. And modular homes look, most of them you need more space than you would need for a house trailer. So that's why I'm app134ng for a variance. CHAIRWOMAN: The garage building, that's not on your property. That's on the adjacent property owner. MR. CORAZZINi: The garage building? There was a garage attached to the house trailer. And there was also a build-out on the front of the trailer because the trailer didn't meet code as far as the size. CHAIRWOMAN: What's happening with the garage? MR. CORAZZINI: Everything is gone offthe site. CHAIRWOMAN: So there's nothing... MR. CORAZZ1NI: There's nothing there now-. CHAIRWOMAN: What we see on the survey is what's going to end up there. In other words, ~age 60 of 61 on 2qe Dick Bhlers s.arvey, we're no{ going to see the garage or _*5_e. tine... MR. CORAZZINI: Oh. no. Ih requesting, I gaess, tl~e building enve!o:oe re be the orososed Imuse to be ti~at size. liar's }he norma~ size of most modu!ars that I've looked J" MEMBER ORLANDO: One-story ra:~ch7 MR. CORAZZEN!: Yes~ CHAIRWOMAN: The on~y queston ~ nave ~s you've got, you*ye got }et ccverage on this rear. and side. So k's ~ total 0{'4. va:~ances~ nghd No. it's jus': a rear yard ez,_d ~ s~de yard. CHAIRWOMAN: Not on the Notice of Disapproval (NOD). MEMBER HORNIING: Rear yard a~so. MEMBER ORLANDO Front, rear. to~a~, and mt CHAIRWOMAN: You're talking let coverage 2{ ~otal sides 24. Rear a:ed from ~ 32 and 32. there any chance that you could, xve could_ get, do away witF~ one of tl~ose vaiances by simply, k~mw w~ere you've got the house. We may be one to, is tlnere any chance that we couM ius? take a jog w~th the house and move it jus~ a tad more ii,ash to the street Hne? And ~i ~hirl< wou}d get rid o£your varmnce on... MR. CORAZZ_rN2 You mean move the envelope, just keep the exvelo¢e the same s:ze. or the proposed house the same size? P~e 6! ~ ~.36 62 May 15~ 2~@3 Southn~d T~wn Board of Appeal~ Regular ~eeting Pubic ~earing CHARWOMAN: ~ other words, if, hg~t now, here's the road, ~d you're slightly slated tow~ds it, so that, ~at's north. ~. CO~Z~: I see what you me~. CHAIRWOMAN: See that little ~omer juts out where that's 14', but if you tm it just a tad, you're going to be home flee on that vafi~ce. You wouldn't need that v~ce. MR. CO~ZZ~I: Yes. I see what you me~. CHARWOMAN: See where t'm coming from? MR. CO~ZZ~I: I'd have to have ~e su~eyor ch~ge that on ~e s~ey? CHARWOMAN: It's really, just, we're just going, instead of going like this, we're just going like this. MR. CO~Z~I: Ri~t. CHARWOMAN: And I thi~ we could Mpc out ~at v~ce. ~. CO~Z~I: Right. And ~en which one of those v~ces would ~ Mpe out? ~e one on ~e east side or west side? CHAIRWOMAN: ~ere it's 14'. MEMBER ORLANDO: And the total side y~d variance. MR. CO~ZZ~I: 15 you're looking for on that? CHAIRWOMAN: ~d you'd meet it. There's no question about it. I mean you can do it with a little scrap piece of paper and just t~e the, what you've got here, and mm it around. And you're home flee on that variance. MEMBER HORN~G: We're proposing to position the house relatively par~lel to the side y~d bo~da~. CHAIRWOMAN: Exactly. Because that will take care of one of the, he's in for 4 v~ances. We are t~ing to wipe out one of them. And that will take care of that in one shot, MR. CO~ZZ~I: Okay. That will be fine. But will I have to have the s~eyor ch~ge that, or come back for ~other date, or how would that work? CHAIRWOMAN: You wouldn't have to come back to us, but what you'd have to do is when he Page 62 of 136 8o~thol¢~ Tow~ Board of Appea~ ~n~ges it he*s just going to, you ~now, when you go lo build a house, put it in there. There's ne existing foundation that you're going re lay it into? Or... MR. CO~ZZ~I: No. 2ere*s nothing [zero now. CHAIRWOMAN: ~e yon going to ]ayit 5n/o ~ exisling MR, CO~ZZ~-I: Fm going te make ~d2e foundation. CHAIRWOMAN: All you have to just make sure the when he lays k. tha~ youz setbacks the lO 32 and 32. ~e all MEMBER HORN~G: k~ay ~ m~e another suggestion? Possibly we could ge~ a 3? ~ont yard by moving it to ~e re~ ye-d, reducing the re~ ya-d re ma~oe 29' or something. Gairing the 3 feet. MR. CO~ZZNI: He's got Ns cesspools there. I don't ~ow Eow.. MEMBER HORN~G: Okay, well, they m~e not that dose. MR. CO~ZZ~I: I!m going tN'ou~, also the Dept. oTHea}tl (DOH) is involved in 9is. Fve had to put in a test well, mqd go ~-seu~e. it wasn't any proble:m to replace it wit~ a house As soon as I wanted to chm~ge the building envelope, then. you Imow. Ne a little so~ now teat didn't just puc another trailer there. To be honest wi~h you. But ~ don't. Fm not necessz~ly saying I have tony problem with that as long as Gat xvou!dn'{ affect eve~hing Fve already going wNh the DOH. ME~ER HORNNG: See iS you can gain us 3' in the front ysd You could elimhare leal one. ~oo. And iFyou tilt it to m~{e il parallel to the side yards. CHAIRWOMAN: Yo~ mean go 30. 30' ... MR. CORAZZ~I: 29~ rear ysd. 35' front yard. I see what yon mean. maybe one of you would know if{hat would affect my DOH application. CHAYRWOMAN: I don't ~ow. MEMBER GOEHRNGER: ~ don't tkix~ so. MR. CO~ZZNI: No7 CHAIRWOMAN: ~-:at do you lEiS. Jenl2 Ps~e 63 of {36 64 May ]5~ 2003 Southo]d Towu Board of Appeals Regular Meeting Public ttearing MEMBER ORLANDO: Their application, they just need setoffs from the closest well. MR. CORAZZiNI: They want to know how many feet between all the wells and all the septic systems. MEMBER ORLANDO: Right. MEMBER GOEHRINGER: Of else you have to go to the Board of Review. MR. CORAZZINI: That's what I~m in the process of. MEMBER GOEHRI'NGER: So that means you don't have it. MR. CORAZZINI: The DOH? MEMBER GOEHR1NGER: No, I mean if you have to go to the Board of Review you may not have exactly the footage they want. MR. CORAZZINI: No, I don't. MEMBER ORLANDO: He has to go for a variance for the DOH. CHAIRWOMAN: So, you have to go anyway. MR. CORAZZINI: Right. MEMBER GOEHRINGER: I think we should wr/te it as it exists, at that, but say within the decision, that if the applicant so chooses to conform to the front yard setback, the board would be willing to grant alternate relief at 29'. MR. CORAZZINI: I'd much rather have it further back on the property, if I could get it. The further away from 48, the better. CHAIRWOMAN: We can't do that, Jerry. If you'd rather have it back, we will give you 29. Then you have actually more ammunition with the DOH. MR. CORAZZINI: Okay. CHAIRWOMAN: That's going to help you, not hurt you. MEMBER ORLANDO: 29 rear or front? CHAIRWOMAN: 29 rear, 35 front, 15 and 10. MEMBER HORN1NG: Right, that will make it. That will work. Page 64 of!36 65 Southetd T®wn Beard of Appeals CHALRWOMAN: lS and !O. MEMBER HORNk!NG: As long as you cmn position it that way' on a parcel. I thir54 you're doing yourself a favor. CHAIRWOMAN: So, thafs what wail de. 7t,_en youql go ai~ead smd draw u? a map because you've got to go to the Board of J-!ealth Review anyway. MR. CORAZZ~I: Right. So what is then go back to the surveyor and have hhm redraw tile survey. CHAIRWO1VzAN: Let's go over it again. 29 rear, 35 front 15 oas:. ~© wesu Just the oppshe. And i ~niPi we are home Free. grad the lot coverage is 2i%. and l tizip& given Ge s~ali lot you're really no~ asking for m~ytL~g excessive. ~ere's no decks, pools, pat!es, c~h~xzs~ er ~Fi~ing else. ! personally don'~ have a problem wkh MEMBER GOEHRINGER: For the record, rids is a vast improvemem. We wish ev~:soey would do the similar type o£ situation. Mr. CorazzinL CHAIRWOMAN: rs there ~yone else ir 5qe audience who wouM like re speak for or ~gains~ the application? Seeing no h~ds. l'l~ make a mo,{on closSng the he~ng reserving dedsSom urtil later. MR. CORAZZ__W: Okay. so change the survey, just get the survey back ~o... CHAIRWOMAN: 29 rear. 35 front !5... MR CORAZZEXlI: Submit it back to you? SubPJt it to the ZBA. 1hen Planning? CPiAIRWOMAN: You can put a copy for us that we can keep as pae of the record. That would be nice. we can have an extra copy, MEMBER GOEHRE'JGER: The decision will er.~oody what we iust said CHAIRWOMAN: k will help us for the file. MEMBER ORLANDO: And Mr. Corazzini, you have tigi-7: space, you !anow the concrete 7ays, plus we don't wan? to see you back here when they mess ir uo in the BD 66 May 15~ 2003 Southold Town Board of Appea~s Regular Meeting Public E~ear~g :, MR. CORAZZINI: I know what you mean. MEMBER ORLANDO: They're always plus or minus something. MR. CORAZZINI: I don't want to have any problem with it either. As long as the neighbors don't have a problem, I don't see any problems. PLEASE SEE MiNUTES FOR RESOLUTION 11:53 a.mo Nick Bruno #5309 Based on the Buitding Department's November 19, 2002 Notice of Disapproval, applicant requests a Variance under Section t00-242A and 100-239.4B to construct an addition at less than 75 feet from the bulkhead and less than 35 feet from the front and rear property lines, at 115 Sun Lane, Sonthold; Parcel 1000-76-1-Z CHAIRWOMAN: Is Mr. Bruno in the audience? MICHAEL LEIGHY (Contractor): No, he's not. I'm representing him. My name is Mike Leighy. CHAIRWOMAN: I don't have in my packet, but I~11 look through this. Does anybody have a survey showing the setbacks to the bulkhead? MEMBER ORLANDO: Oh, 3,es, where was that a minute ago? It show's... MR. LEIGHY: 37.7, yes, to the house. MEMBER ORLANDO: That's the one. BOARD SECRETARY: Is that to the new deck? MR. LEIGHY: No, it's to the house, the existing house. So the deck would be another 12'. So, it would be 25 to the comer of the deck. CHAIRWOMAN: So it would be 25' to the edge of the deck, to the water. So, at 25 that's Page 66 of I36 67 setback to ee ~u!E~ead~ MR. LEIGHY: To t2e bu~e~d, yes. ~z~AIRWOMAN: ~nd th~s ~ddMon 5s for 2kat deck that we see on the sn~ey w~ch ~s 12x26.97 MR. LMGHY: That's ~t. CHAIRWOMAN: And you've got also i !' from ~ie ROW? MR. LEIGHY: That's fi~t. CHARWOMAN: And 4, g, Mr. Ofimde. de you lmve &~ questions? MEMBER ORLANDO: Is thfs Mn B~ne's pfimm! resided_ce? MR. LEiGHY: Ne. ft's not he acV~aily rents it fight now. but he's pknning on mevfng out, MEMBER ORLANDO: He's a renter? MR. LEiGHY: it% a rental Sght new. it has bees MEMBER ORLANDO: Need my Trustee approval? MEMBER GOEHRNGER: No. ifs a bulLhe~d. They21 gbe you a ie~rer off no ju~sdictiaq probably. MEMBER ORLANDO: Actually it looks like a lot of sedco on ~he smwey, but when you go ~here... MR. LE!GHY: There's not a lot o6 space. And those otlner houses that se on both sides that h~ve Httie decks going our the back o~them too. Pzge 67 ef i36 68 May 15, 2003 Son,hold Tow~ Board of Appea~s Regular Meeting ?ub]ic ~eav~ng MEMBER GOEHRINGER: I think we should propose 10', g~ven it's 27. CHAIRWOMAN: 2~ is going to make a big difference. MEMBER GOEHRINGER: Oh yes. CHAIRWOMAN: Oh yes. MEMBER ORLANDO: I like a patio. CHAIRWOMAN: It's very, very, tight. And 25', even 2T is very, very, tiny. MEMBER HORNING: When was tiffs building built? MR, LEIGHY: That I'm not sure of. It's an old structure though. I would think it's at least 50 years. CHAIRWOMAN: You do have a wetland permit. But it's not to construct the deck that you're before us for. MR. LEIGHY: You're saying from the Trustees? CHAIRWOMAN: Yes. MR. LEIGHY: That was a typo, but I have a, another letter from the Trustees approving for this size deck. CHAIRWOMAN: This size deck? MR. LEIGHY: Yes. Do you need a copy? CHAIRWOMAN: Do we have it in our file? BOARD SECRETARY~ ~e need {ha. yes~ MR. LBIGHY~ Should I b~ing ~{ up ro you now? CHA~O~N: So~ o~g~nally {hey had approved a smaller deck~ ~d then whg did you do? MR~ LEIGHY~ I was a ~oo. I{ was always drawn to be {he w~d~h of{he bu~Idlng. CHAIRWOMAN: Mr. Homing. MEMBER HORN~-G: No questions, o+&er ~m2 if he could reduce the deck to tO' depth. ~nd g~ve us 27 on the d~stance to the bdi~ead (o the ne~es: come:. MR. LEIG~: Fm s~e we could work some~{nfng like that o~. Does that effect an~hing w~th ~y other pe~fts that are already issued? As f~ ~he DEC or ~h~ng? MEMBER GOEHR~GER: More 2s never, C~7AIRWOMAN: Right. So if you go ~om. ~ght now yonYe at I2. co,oct? So if you reduce it to ~ 07 MR. LEIGHY: 10, yes. Ci~A~WOMAN: By 26.9. that would be more acceptg7cle to the ~o~/'d. We'd i~ke an upds're on the su~ey showing the. for our files, because ifs not 37'. h's going ro be about 27 ~us or minas feet. Please provide us with an updated su~ey showing ti~e exac: setback >f a ~ 0' wide deck tc the closest point of the bulkhead. Okay? MR. ~EIGHY. Okah. So that's before an~hing is done, ~dght? Dec{sion. okay. C~TAIRWOMAN: How long do you thf~< ft will take you to geg get :hat changed? MR. LEIGHY: Does this_ ft has to be suweyed by a su~eyor? Okay. Yes. 2 or 3 weeks, May 15, 2003 Southold Town Board of Appeals Regular Meeting Pul~lic Hearing CHAIRWOMAN: Why don't we say you'll submit it within a month. Okay?. MR. LEIGH¥: All right. Thank you. CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application? Seeing no hands, I'll make a motion closing the hearing reserving decision until later. PLEASE SEE MiNUTES FOR RESOLUTb[ON 1~1:59 a.m. Claire L. Copersino #5306. Based on the Building Department's January 2, 2003 Notice of Disapproval, applicant requests a Variance under Section i00-244 to construct a second-story addition located with a front yard setback at less than 35 feet, at 580 L'Hommedieu Lane, Southold; Parcel 1000-64-2-53. CHAIRWOMAN: Is someone here who would like to speak on behalf of the application? IRA HASPEL, ARCH: My name is Ira Haspel, Architect. I reside at 59945 Main Rd. in Southold. We come before you to maintain an existing 14.1' front yard setback. The intent is to increase the volume of an ex/sting 2nd floor. There's 2 bedrooms there with very low headroom. In order to get that usable space is to raise the roof. Any other means would decrease any of the other setbacks, It's a nonconforming lot. CHAIRWOMAN: I looked at this and I really don't have any questions. Let's see what l~.appens with the board members. Mr. Orlando. MEMBER ORLANDO: I really don't have a problem with this application. And I just want to put for the record, actually I paced it off myself. It's actually more like 20' to the actual road. The property line is probably closer to that weeping cherry or something, So it's actually, because when I got there I thought I was at the wrong spot, because it's a little bit too far back. But then I just, tried to find survey stakes, but it's probably more like 20', actual 20'. MR. HASPEL: That's good. We went by the survey. Page 70 of 136 MHMBH~ O~LA~O: For ih~ r~co~d~ ~fs v~sua~ more M~. HASPHL: ~ you. CHAIRWOMAN: I~ seems like a ve~ reason~sle pro?sa[ Mr. Goe~er. MEMBER GO~H~G2R: S~_e question we 5ad s~rn~sz to th~s ~n ~(ae mom~ng, Mr. ~aspel. Overhangs on d~e house 2se~f ~ not lncrease ro ~y sS~Jfic~! de~ee tha~ wou~d [:~r_ :mSzinge cn zoning setbacks ~n ~y way, ~ont or rear? MR. HASPEL: Min~mmm roof overh~gs. We don~ ben,eve f~a~ ~m be s proSlem. ME~ER GOEHR~-GER: T~ difference ~n the roof line~ wSl i~ impac~ Ge nei~fsors ~n ~ay way because of ~he maC:re of ~he s~ze of fi:e ~oi7 ~e they' pluming ~rers mud holding ~m~ or some~qing ro p~ the water MR. HASPHL: No_ we p~an ~o redirect the ~tters where ~iey were previously won't ch~ge. M~MB~R ORLANDO: YouYe not increaslng any more s~face area? MR. HASPEL: No ~ot coverage is ~8%. i~ will maimain s~t i8%. No~ coveting any more ~ound. M~MBER GOEHR~GER: The roofw~]l be approximately ~he same the ~kch? MR. HASPEL: Same p~tch, just raised up so ~here's a 8' headroom on ~he 2~d floor. CH~IRWOMAN: Lei's see what happens. Is there anyone else 5n tl~e audience wh( would like ~o speak Pot or agaSnsr the application? What s crowd Whs! a crowd. Seeing no hands. [1! ms~e a motion closing the he~dng rese~ng dec~sioa un*~] Ia~er. PLEASE SE~ M~UT~S FOR RESOLUTTON. 72 May 15~ 2003 Southold Town Board of Appeals Regular Mee~g Public Hearh~g 1:0@ p.m. Durvea Trust #52{~2 (hearing continued fi.om 3/20/03) Applicant requests a Variance under Sections ~ 00-242A and 100-244B, based on the Building Department's July 18, 2002 and August 20, 2002 Notices of Disapproval, Applicant proposes to demolish the existing dwelling and construct a-new dwelling with. front and rear setbacks at less than 35 feet, at Mansion House Drive, Fishers Island; Parcel 6-5-10. CHAIRWOMAN: Is someone here who would like to speak on behalf of the application? SUSAN YOUNG, Architect: Thank you, Madam Chairwoman Tortora, and board members. MS. YOUNG: My name is Susan Young, and I'm speaking on behalf of Duryea Trust who are requesting a side yard variance. In the last meeting, the board requested that I visit the site with George Homing to discuss the siting o£the hot, se. It was suggested that the house be at least 13~ from the property line. The Mansion House Drive side, and the s~te plan has been updated to comply with that request. The back deck has been nm-rowed, and the house has been slightly turned on the lot to accomplish this. I would like to show you some photographs to show the relationsb/p of the house to Mansion House Drive. It is separated by a dense arborvitae hedge and also Mansion House Drive is actually, maybe, about 15' even farther from the property line. Here is the hedge again on the side yard. This photograph shows the great memories of last Muter. This is the hedge again, and the side yard. CHAIRWOMAN: Susan, from the top photo, not that photo, but the photo with the porch, is th/s, would this be the correct angling to look at this? MS. YOUNG: Yes. MEMBER GOEHRINOER: Lydia, can I see that when you are done? CHAIRWOMAN: In other words, if you're looking, see the photo where the porch is? MEMBER GOEHRINGER: And the diagonal is going down. CHAIRWOMAN: The deck's going to be kind of... MS. YOUNG: The deck's going to be kind of like the existing house. CHAIRWOMAN: I'm going to ask Mr. Homing to give us kind of an update. Because he visited the site with you. And that's where the proposed addition on that side would be. MS. YOUNG: Let's see, on the issue o£the, oh, the poin* I'd like to make about Mansion House Drive is that it is a dead end street. And it serves, correct me ifI*m wrong, George, but maybe 6 houses or so. MEMBER HORNING: A little more than that. 10 or 12. P~ge 72 of ~5 MS. YOLflNG: Maybe more. but ifs not a heavily traveled througi: road. So anoilner issue c~me u7 of why we dldn'/move the house back ~om Eae Main Road, or ram it on the lot ~:d ~kere axe some other pholo~aphs re iHus~ate thai point. Basically on Fl on some propex~ies, ifs almost rude tc pur up a fence m re div{de your propemy off. ~is area is generally used as kind of a play area, for a the children of bo~h houses, and or.e family kind of owns m~e half of this soccer fieM ~d the ether owns the other half. ~d lhe family likes to [ook out ~krougl~ tFJs co,der. ~d the way we have ii desired, the co,der isn% blocked a~d ihafs basically what we were thinking of in why we sided fine i~ouse the way we did. ~Js is a Voss house over here. ~d ibis is the prope~ line. And il:is is where the D~ea house would be hc~e. The Voss~s look down the co,der. ~d. iefs see... MS. YOUNG: T}Js is the prope~ line. And on ~is one~ ifs h~'der to see. I can h~dly find it ~_ou~ t st~ed 2. l ~his~ ifs abou~ here. and d~eut ~ere is ~e ho,use, A:~d this ~s ~ p:oper~y line. You cmn*t actually see lhe rest {nee because ifs behind tN_ar ~ee. This is a~uaHy standing a~ the Voss's w~ndow. MEMBER GOEHRN-G~R: ~ere is {he f~eus eee in the ~or_i of :N_e house? MS. YO~G: ~t's fi~at 5ere. And there% Mso a ut!li~ pole. we can. yon i~qow, move ff.e lkKe Nt fo~d on tie ~or on the ~ot. bu~ we kind of rather no'~. Boca'asa tl~e tree ~d the ut~Hty poie are in close proximky. ~d if it ~mmed ou% you !~ow. if ~here was m~y proNem~ we can move at fo~d jus~ a little bit ~en we cema m ~a~ng i~ our, you kxew, wkh a smwevor, there% a couMe of exira feet of play in there. So we're nor measured down to the inch. CHAIRWOMAN: Essentially, you imow. what we smd the firs~ time scund is ~his is a major renovation that yeure going f?om a 35 rear y~d setback re a ~5' setback rear yard seGack. MS. YegG: Yes. CHAIRWOMAN: Which is substantial ~d ~ th~{ you and Mr. Homing were going m gar together and ~ re come ua wNh somee~ng Kaat would nor reqnke much of a variance, or coGd reduce {he size of a vmiance, There really hasnot been s significant dmnge 5rom w~:ar was proposed before. MS YegG: i'd like to just finish. ~ Nad a comment about the square footage of the building. The ~ound finer ~s 1898. almost 1900 s% 5. CHAIRWOMAN: Existh~g orproposed7 MS. YegG: Proposed. And it's ~752 on the 2ne 5nor ~e 2n~ floor is not buik 5&i. I~ has sn ~ea that has a sky!i~xi down re bdow. And also mmny of the walls are ~nee walls. Sc ifs a house of much lesser size than k could be. h~s ne% you know. really a 5i~ sec md floor, 74 May 15~ 2003 Southold Town Board of AppeaN Regtflar N[eefing Public Hear~mg CHAIRWOMAN: We realize it's a very odd shaped lot. And a big historical tree in the middle of it. MS. YOUNG: This is, you know, the room taken up by the design of the house is not about, you know, creating something to make money or anything. It's basically to have a bedroom for both of their daughters and the daughter's children. The grandchildren, the daughter and grandchildren on the upper floor, and those bedrooms are just big enough if you can see from the model to fit 2 twin beds in any room yon want to put it in, or a queen bed. So it's not, it*s not overly luxurious. We didn't try to make it huge or anyfl~ing. We tried to make it fairly conservatNe in size. 667 sq. fl. of the lot coverage is the deck, which is an open deck with no roof. CHAIRWOMAN: What's the sq. footage on the deck? MS. YOUNG: 667. So that is a substantial, and it is a very close to ground level. It's very close to being a walk-on, walk-offplatform. And the open porch on the front accounts for 445 sq. fr. of the lot coverage. So a lot of what appears to be, you know, a large amount of lot coverage is open area and not taken up by an enclosed house. As far as the size of the house, we were .~ust concerned with having a bedroom for each person so they could kind of grow old in this house and each kid could have their own room. And they would have their own room downstairs. And they would be encouraged to visit because what happens now is everyone wants to come at the same time. And they have to tell one of them or the other they can't come. So we are basically trying to have a bedroom for everybody. CHAIRWOMAN: We are going to try to move this along because we have so many this afternoon. MS. YOUNG: I'm finished. CHAIRWOMAN: That's okay. Mr. Homing, I just wanted, you had gone over and ¼sited the site. And t wanted to get your input first on this. MEMBER HORNING: Ms. Young, to wrap up what you were saying then in the revised proposal, you are now proposing a front yard setback of 13' vs. the 10' that was ex/sting? MS. YOUNG: That's right. And now we have 13. MEMBER GOEHRINGER: Can l just ask, does that impact the 13 to this point of the house? MS. YOUNG: Yes. MEMBER GOEHR1NGER: So in effect, if there was any give and take, it would not be on the house, it would be on the deck. Page 74 of 136 75 So~tholfi Town Board ef Appeals MS. YOr~G: I would not like We and ta!~e on t!e house because it would MEMBER GOEHR~GER: Is it fi~t to here. or is k fi~zt to here? MS. YO~G: Fs fight to {i~e comer of fine house. And the deck is bui! fiaat way becs~se deck is a no,hem exsos~e so that the platfo~ ou-: there is so you can sit in f~ont of. on the deck~ and still have some sun on you. Because thoro'II be a shadow cas{ by the house. So why it kind of sticks out in lhe middle, we hone fizere will be kind of a stone edge effect wit[z san coming t~ough. CHAIRWOMAN: Okay. Mr. Goek~nger. MEMBER GOEHR~-GER: Did you call on me? CHARWOMAN: Yes, I did. ME~ER GOEHR~GER: Oh, yon did, th~2< you. We axe still fi~ffng nodk i~ere. MEMBER HORN~G: I ~ave another question. MEMBER GOEHR~GER: George Y~as another question. CHAIRWOMAN: ~e ofi~nal plan. George, was i2 ~& now iffs i3. MEMBER HORN~G: No. the original plan was iO. i believe. CHAIRWOMAN: 10 at the closest. That's from t~_e old point of the house. Tine original plax for the addition was 12' 4 ~*'. Now it's MEMBER HORN~G: So they've gained a little bit Slimily. CHAIRWOMAN: Ac~ally a qua~er of~ inch difference. MEMBER HORN~C: My concerns have been screening, And i zommunicated with the applicant's representative on this. and i believe the applicant is a~eeing the condition oc extending the hedgerow on Mansion House Drive for lefts say, 20' adding about 6-10 ever~een arbo~itaes or something ~o that effect Through communicating with f-he applicanffs renresemauve, we have dete~ined in fact since there is no written c pposition from the neighbor and apparently kind of a verbal a~'eemen'r that the adjacem nei~hbor does nor wan]: any screening on the. what would be the rear yard property, adjoinin~ the Voss prope~y. Ctbep~ise. you ~qow. tkal's one thing we look at and request is tlne screening on the property hue. But the applicant apparently has an a~eement with the neighbor. They do nol want any screening at all. Co~ect? 76 May 15, 2003 So~thold Town Board of Regular Meeth~g PnBSc Hearing MS. YOUNG: They do not want any screening. And I would have to go baok to them and make them wr~te a formal letter because I know they would not like that at all. CHAIRWOMAN: Okay. Mr. Orlando. MEMBER ORLANDO: No questions. MEMBER GOEHRINGER: What happened to me.'? MEMBER ORLANDO: You were still figuring north and south. CHAIRWOMAN: We left you somewhere in the map, Gerry. MEMBER GOEHRINGER: Assuming there is some minor agreement for a foot or two here or there, where did you say the fudge factor was? MS. YOUNG: The fudge factor would be toward the front, toward the tree. And also a little bit in the rear yard. There's probably about, probably almost a foot, you know, of fudging so the front yard could definitely be no more than 13'. And then I want a surveyor to lay it out. You ks_ow, so the rear yard can be, that probably measures if you actually measure it on autocat, probably 16' to the house. But I didn't want to get that close. CHAIRWOMAN: It's a front and rear, I don't know what it's going, what good it's going to do us to pull in the porch, because they are okay on their lot coverage. MEMBER GOEHRINGER: Okay. CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application7 Seeing no hands, I'll make a motion closing the heating reserving decision until later. PLEASE SEE MINUTES FOR RESOLUTION. 1:24 p.m. AT & T Wireless #5311. This is a request for a Special Exception under Section 100-162 for a public utility wireless telecommunication facility with antennas at the site of Our Lady of Grace Church, Oriental Avenue, Fishers Island; Parcel 1000-9-7-11.1. CHAIRWOMAN: Is someone here who would like to speak on behalf of the application? LAWRENCE RE, ESQ: Yes Chairperson Tortora, members of the board, appearing for the applicant. Lawrence Re, 36 North NY Ave. in Huntington. This is an application being brought by the cellular telephone doing business as AT&T Wireless for a special exception permit to ?? inst~i ~ternzas ~d equipment inside the c~arcI% O~ Lady of Grace Church. on Fishers Island. As the board is aware. AT&T Wireless is licensed by the Federal Commumications Co~_mission re cons~ct, maintain, and ooeraze a cellular telephone system here in Suffolk Coumty t~xou~out much offthe US And is reco~ized as a pubiic utility for zoning pu~oses in fine state o7~. Ifs smwices benefit the commt:nity~ pm~ficul~iy in times of emergency. [n ~ac~. last year 45% of ail calls co 911 were placed from mobile tole-shorten. As the board is aw~e~ AT&T Wireless strives to provide reli~sle seduce throughout ifs Hcense coverage area. And a~ the present time is unable to provide reliable so.ice on Fisheffs Island. Now we*ye appem'ed here a n~.ber of occasions d~fing fine past year on applications where we've i-fled to be mind5a} of fiae dictaes of the code tho tlne Town of Sou~zold has enacted. In pa~icu[ar. ?ye t:fied re desi~ sites rs be as u~obtmsive as possible. This is ~othe: site wh~e o,~ proposal is re install the antemn~ and the equipmem entirely within the ch~ch so ~a nofihing would be visible on the outside. The anrernaas will be enclosed inside the steeple md the equipmem xs gomg ro ~e in ~e basement. ~ad the cable ran will ~ ~om ~e ~_ter~as to the s~eep[% ali within the ch'arch. CHAIRWOMAN: There won't be any outside equipment building? MR. RE: Nothing at al!. So the site will not only be unobtTcsive, it will be invisible to frae outside world. At the sa~e time, it will enable AT&T Wireless tc provide reliable se~ice :as': ~sout ail over Fishers Island. TEe board has he~d a number of applications simil~ to this So. I tried to stre~!ine our presentation. I ~ave a mamber of wi~aesses here and I have a n~mber of exhibits If t~e bo~d wo~ld allow me. l'd like to hand up some of the exhibits. The first is a~ a~davit of Ramone Zamora. the radio frequency engineer for AT&T Wireless who desc~bes why the site is needed. ~e second is a repox of Lynch Appraisal Ltd._ which indicates that based on Michael Lynck's opinion the site will am have az ef!~ct on property values in the su~ounding area. The third is a pi~ning sPady prepsxed by Freudenthal & Elkowiiz. And the fouff~z is a repox prepared by Scienetics. which confi~s fine site will comply with FCC !imits as ~o radio frequency ~nissions. Wifi~ the board% pe~ission. I'I1 hand these us. I'd like ro call 2 witnesses, and I'll indicate who else is nresent should you have any questions. The witnesses i'll be calling are Neil MacDonald of Willi~ Collins. Mr. MacDonald is a Iicensed ardnitec':, and he'll describe in ~eater detail than i the iayour of the site, And the second would be Ginny Wackel the plarmer from Freudenthai & Elkowi*z. I also have present here today skoutd the board have questions. Ramon Zamora. who is tlne radio frequency engineer. And if you have questions about coverage and propagation, he would be fine serson lo ask. We also have Michael L~ch the appraiser. And Lou Comacchia. he is the health expeN who did the study to show ~hat ~he site would comply with the FCC requ~remems. We also have slans thai have been revised, And the revision which we will be descffbed by Neil MacDonald is simn!y thai an addifiopsl antenna has been added inside the sreeple. Offgina4ly there were 5 shown a~d now there is ~ inside the steeple. CHAIRWOMAN-: Has ff'.e size changed? 78 May 15, 2003 Sou*hold Town Board of AppeaJs Regular Mee~L~g PnblSe Hearing MR. RE: The new antenna has different dimensions, but it would be concealed w/thin the steeple so that it will not be visible. And Mr. MacDonald will desctibe it in a little greater detail. I'lI call Mr. MacDonald in. At the same time I'lI hand in these plans for the board. Mr. MacDonald could you state your name and address for the record? NElL MACDONALD, ARCH: Sure, Neil MacDonald, Williams Collins, architects. CHAIRWOMAN: Are these the plans youjust submitted to the board? MR. MACDONALD: That's correct. CHAIRWOMAN: Would you give us an opportunity to hand them out so the board can be reviewing what you are discussing? Okay. I tl~ink we are ready now. MR. MACDONALD: Nell MacDonald w/th William Collins Architects, 10-1 Technology Drive, Setauket, NY. MR. RE: Mr. MacDonald could you describe the layout of the site? And in particular describe the change that was made in the plans to add the additional antenna. MR. MACDONALD: Sure. I'd like to direct your attention to __ it's __ basically essentially the site is composed of__ to be located in the basement of the steeple, related coaxial cables up through the inside of the steeple. 5' tall by 6" wide. The new application includes a antenna to be placed within the steeple. BOARD SECRETARY: We're not picking you up too well. I'm not heating you. MEMBER HORN1NG: Sir, if you could tell us the approximate weight of the total of all of the equipment and cabling and support brackets in the steeple. MR. MACDONALD: Sure. At the steeple, there are five antennas that are panel antennas. Those are t 5 lbs. each. MEMBER ORLANDO: Are these rigid louvers or they'll be opening and closing? Page 78 of ~36 MR. MACDONALD: Those are fixed rigid louvers, The sixth anterma is ee parabolic she, pod antemna~ i-hat is 37 lbs. MEMBER HORNING: We're up to 60 or 70 lbs. now? MR. MACDONALD: And the cabling kselfls about 12 lbs. MEMBER HORNING: Are you suggesting tlnat the total additional weight in tine steeie will be approxima~eiy 100-i 50 ibs.? MR. MACDONALD: Certainly less th~n 200 lbs. CHARWOMAN: 7 don't have any questions. Mr, GoehringeR MEMBER GOEPIR~.nqGER: Go eiead. MEMBER HORNING: i have one more. On the elevation, curious, rite church kseif is about a 50' elevation? MR. MACDONALD: Approximately 49' to tee base of the steeple. MEMBER HORNi-NG: ~s that why you can put it in the steeple quite nicely then? MR. MACDONALD: It is one of the higher points on the island_ yes, MEMBER GOEHRFNGER: i don't Gink you were here for the other application we had for the steeple. But it was ar that one that one of your colleagues mentioned that the steepie i~sei~ ti'~e shingles will be taken off the stee >lo and a certain type of sMngles were m be put back on. [s there any change of the exterior of the steeole ar all? MR. MACDONALD: I'm not familiar with the application you are refuting 'to. But p~icular one. there will be no chmnge ro {-he cladding on me building, the shingles or the cl~board. T~is will be contained entkely behind wha~ are existing louvers, i h~ve some photo~aphs to show you as well. Basically it's ~Joout 6.6' by 6.6' wide ionver strac~re be physically removed and replaced in kind wi*h a sr:mcture maicbing k in outward appearance. Page 79 of 136 May 15~ 2003 Southold Towu Board of Appeals Regular Meeting ?ub~e Hearin~ MEMBER G©EHR~GER: Okay. And ~ose will be entirely in back of the louvers? There will be no other area structurally that they will be in back of?. MR. MACDONALD: No. Strictly, SP4 you can kind ofplan and see the layout, and how they fall relative to the louvers themselves. MEMBER GOEHR1NGER: For the mechanical equipment that's in the basement, is that heat sensitive equipment? MR. MACDONALD: It's heat generating equipment. The fact that you're located in a basemcmt helps in this case because the average temperature tends to be about 50 degrees throughout the course of the year. We do have a small exhaust fan to relieve some of the heat in the hot'ret months. And that will be exhausted out through an existing basement window. MElvl]BER GOEHRINGER: They are not in any insulated cabinet or anything? MR. MACDONALD: The radios themselves are contained in a cabinet, which has fans that cool the radios themselves. MEMBER HORNING: TTle question of routing of the coolness and outside construction, once the coils hit the tower, are you going to have any outside construction to tie into anything else? How are you going to deliver these coils to move them? I understand you need a backhaut them to somehow to some existing Telco operation maybe? MR. MACDONALD: Typically anyway, this network has to be connected to a landmine system, k just horizons landmine network. MEMBER HORNING: There's a small local Telco out there. MR. MACDONALD: That's actually one of the difficulties in designing the site, and one of the reasons for the revision to the plans. That's the 6th antenna, which will provide that landline connection back to CT. MEMBER HORNING: That will, so you will not be using the local Telco's facilities in any way? You will not require any kind of outside construction connections to their facilities? Page 80 of 136 CHAIRWOMAN: Mr. Or!ando. MEMBER ORLANDO: Tfae existing stractural steeple will hold the additional 200 lbs.? MR. MACDONALD: Yes, MEMBER ORLANDO: ~ actually don't have a sroblem wi{h this. ~ think it's fantastic tNe way they hide these now instead of putting them outside, And it's... MR. MACDONALD: lt's very clean. MEMBER ORLANDO: Some type ofrever_ue, Fm sure. gar tlie c'r'oarch. How long is the lease for the church? MR. MACDONALD: I believe the lease is a 20-year lease. MEMBER ORLANDO: No other CHAIRWOMAN: The town really encourages tltis type of s~ructure and location, smd is yew receptive to ft. MR. RE: The last witness i will be calling is Gimny WatraI. And then. as ! indicated, we do have others, should you have other questions that relate to their expe~_ise. GINNY WATRAL: Good a~emoon Madam ChMnvoman and me.acrs of the Board. My name is Ginny Watral W-A-T-R-A-L. Fm wltln Fraedenfnai & Elkowltz. Our of~ces ~e located MS. WATRAL: Our offices are Iocated at 368 Veterans Memorial Hw,,.. Commack. NY 11725. Our firm prepared the plam'Jng study fnat Mr. Re submitted :o you prevtousiy. We were ~sked ~o took a~ the proposal from a pla~ing perspective and 5:om an envJror~enta! perspective, From an envfrop~ents~ perspective, this is an umnanned facility. :t does nor genera'ze sewage~ It does not require potable water. Thus there are no si~tfficant im¢ac'rs ro ~oundwater quangty or qu~ffy. Because the installation ~s completely within the ex{sting church, there are no impacts ~o soils copogaphy or eco~o~ of the area The orooosed ~nstallation has been reviewed by the NYS office of parks recreation ~A h{stotSc prese~adon And a cc py ofthe{r !e~ter is included Page 81 of 136 82 May 15~ 2003 Southold Tow2 Board of Appeals Regular Meeting Pubfic Hear~g my report in appendix B. And I would like to just quote briefly from their letter. "Based upon this rexdew, it is the Shippo's opinion that the project will have no adverse effect upon cultural resources in or eligible for inclusion in the national register of historic places, provided that the proposed RF transparent louvers match the visual appearance of the existing louvers." And as Mr. MacDonald explained, that wili be the case. That whole fixed louvered structure will be replaced with RF transparent material, which will resemble what is actually there now. And actually provide an enhanced benefit because it won't require the maintenance that the existing louvers do, which are in a little bit of disrepair at the moment. The paint is peeling off of them. From a plam~ng perspective, the use of an existing structure and the installafiou for the installatinn of this facility is optimal. The area in which the facility is to be located is primarily a residential area. And the installation of the equipment within the existing structure such that it won't be visible from the outside at all means that the use is appropriate and harmonious with the existing conditions in the area. I just wanted to say, in conclusion, that tiffs proposed facility wit1 not result in substantial adverse changes to the physical characteristics of the neighborhood, nor whll it resuit in sigx~ificant adverse impacts to neighborhood character, or the environmental conditions of the area. MEMBER HORN1NG: Question. When the parishioners are attending church, there is no imminent danger to them from anything there? Is that correct? MR. RE: That would be Mr. Coruacchia's specialty. And I can call him up to answer. MEMBER HORNING: Thank you. MR. RE: Mr. Cornacchia has prepared the FCC compliance health report that I've handed up, and he is familiar with the health effects of the antenna. If you could give your name and address and a little bit of your background. LOU CORNACCHIA: My name is Lou Cornacchia, that's C-O-R-N-A-C-C-H-I-A. I'm a electronic eng/neer. Graduated from Manhattan College School of Engineering. worked in the defer~se industry on microwave systems for about 20 some odd years. And worked with the __ industry for about 12 years. Wl~at we did do was examine the, ~ did not visit the site, but t did examine the drawings, and I did review the location of the church, and the proposed location of the antemm. And the proximity of the anteimas to the steeple base floor, and the lower floor, so that we can analyze thb impact, not only for someone standing on that steeple base where the antennas are located, but also the baseline, or floor just below. The total emissions that would occur from the rear of the antennas, of all the antennas assuming that someone standing sort of in the center point of where all the ti2ree sectors would be, including the telephone linking antenna, all transmitting simultaneously. The emissions would be somewhere in the order of about .62% or less than 1% of the permitted exposure level. So they are way Page 82 of 136 down ~here. well below the pe~anem expos~e ~eve~s by facto~ of 1~0. The H~hest emissmns dnat we encoumer in a commmnity will be approximately ~50' away-. Thaffs fi~m 2-story b:dck building rooftop. That emiss[or, leve~ wff~ be a total of ~*ou~ ~ .¢% cr thereabouts. L2%. Fm MEMBER HORNING: And from what lecalien is thai. sir.'? MR. CORNACCHIA: That's approxima~dy a radio distance of about 150' away. MEMBER HORNING: And you're refe~ng to a brick building sf some kind? MR. CORNACCHIA: It seems to be a 2-story brick building shown &ere, MEMBER HORNLSN-G: WitCh 200' of the steesle. MR. CORNACCHIA: That's correct. And an e!evalion of ~0'. And 'the emissions, and ls scause i~at building was the nearest building. Ti~e nearest ~amed Eomes. for ex--pie, which are abou: 205' away, frae tota~ emissions ~e donut less ff~mn ~_a!ffoff ~%. MEMBER HORN~U',TG: So they're aparsonage? MR. CORNACCHIA: That's correct. MEMBER HORNiNG: So you're saying tee highes~ level of emissmns would be fight in the immediate vicinity of... MR. CORNACCHIA: At the rooftop, yes MEMBER HORNING: The roof of the brick building? MR. CORNACCH!A: That's con-oct. We assume someone being un there potentially doing some maintenance. We did apply the general public stmnda~d, which is the more restrictive FCC standard. And even at fi_at level, or at that point in the building,, the em~sslons would be far below the more restrictive standards. Less thinx Bage 82 cf !~6 84 May 15~ 2003 Sonthold Town Board of Appeals Regular Mee~g PubEie Heaving MEMBER HORNING: Thank you. MR. RE: As I indicated before, this site will provide reliable coverage to Fishers Island. Mr. Samora is here if the board has questions about the propagation, and what areas would be covered. And he has a map. If the board would like, I can call him up. CHAIRWOMAN: Do we have that information? MR. RE: It's contained in the affidavit that t submitted. CHAIRWOMAN: I don't think that's going to be necessary. If we have that in the affidavit, that's fine. MR. RE: If the board has no other questions, in conclusion, the section 100-160 speaks of the purpose of article 16, which address's wireless communications facilities, and encourages facilities to be located on existing buildings or towers. And then section 100-163 sets forth the standards and matters to be considered in these applications. In quickly reviewing them, you'll see that an application such as this is certainly within compliance of all of the standards set forth in the code. I believe, from an engineering standpoint, the site is ideal because it will provide coverage. And from a pla~ming standpoint, it's a/so ideal, because it's going to be invisible to the public. So if the board has any other questions, I'd be happy to answer them. CHAIRWOMAN: Lets' see if anybody in the audience has any questions or comments. MR. RE: I know this board is burdened with a tremendous calendar. We're hoping to try to get this site on the air for the summer season. So if there's any way thal the board could try to expedite the decision. Keeping in mind, we are certainly mindful of the fact that you're heavy caseload. It would be appreciated. CHAIRWOMAN: We'll see what we cm~ do. MEMBER ORLANDO: So this will be up and rurming this summer? MR. RE: As soon as we get the building permit, we'll put it up. Page 84 of 136 Sonlhold Tow~ Board of Appeals MEMBER ORLANDO: We usu~ly have the public heating fl~ere in AuKusa So Fd ~ike to come risk. Put that on tlne list. MEMBER HORN/BIG: You won't be able to see the antermas, MEMBER ORLANDO: We'iI go in the basemem and do a visual. I'd like to see it. CHAIRWOMAN: I'll make a motion to dose the heming and resmwe the decision tmtil later. PLEASE SEE MLNUTES FOR RESOLUTION. /h49 p.m. ¥IHOLD CORP. and ~ & C Holdin~s~ Contract Vendee #5353. Based ox tko Building D~s~menfs Febmml 5. 2003 Notice of Disapprovsl, applicmats request a Ve,{~ce under Section i00-239.4AA to construct a new dweEing at less thmn i00 fee~ from the ton of tEe b~ or bluff of the Long IsI~d Sound. after remov~ of flee existing dwelling. Location Prop~: 19625 Soundview Avenue, Sou~hold; Parcel I000-51-1-22.2. CHAIRWOMAN: Is someone here who wouM like to s:seak on beha:_f of the app!ica~2? ABIGAIL WICKHAM, ESQ: Good afternoon, my name is AbigMI Wickbam. ! represent J&C Holding, which is a contract vendee of this property. You have before you a proposal ,co essentially replace a ve~ tiny, pre-existing~ one-sro~ ff~e dwelling, with a 33x39.8' residence. which is located at the same line as ee existing dweiling, back from the bluffi it is located suite a bit. or several feet b~hind tko two exisffng residences on either ~{de. And ix fact~ I have a map. I will show you mos~ of the residences on this asea of tie blnff se closer thom this nronosed dwelling. And I believe there are ve~ few ~imsroved lots in *his area. So this is not going co be setting a precedent other than to make the setback better ~han what exists now. ii is se:back 84' from ~e high water mark. And it is a fairly sts~le bluffi It looks like. from the tire tracks in the lawn some board members may ~ave been our finere. There are two wood bull~eadings, which se in ctecenr shape, which ~eln maintain a 5aily vegetated bluff. And the bluff is m a higher elevation than tbe proposed dwelling location. So there ~s a ~adiem back ~om the bim¢~i ra~her th~ down off the bluf5 which will help with drainage. CHAIRWOMAN: Has the top of the bImT. is the top of the bluff been determined fig_hi where that wood wall is? MS. WICi<24AM: Yes. And if you look at the prope~y, thaffs consistent. Because it does dro? May ~5~ 2003 Southold Town B~ard of Appeals Regular Nleeti~g Public Hearing off below that. It does not, the lawn area rises gradually fi:om where the house is now up to that wood wall. And it is at the level of the top of the wood wall. CHAIRWOMAN: Okay. MEMBER GOEHRI~NGER: But the 84' is measured to the lower wall. MS. WICKHAM: The 84' is measured down, yes, to the lower wall. It's actually 39.7' from the bluff, at the closest point. And as you can see, it does run at an angle. I have a map here dated March 3~d, 2003. I don't know if it's the one you have because proposed drywells were added to contain roof runoff. MEMBER ORLANDO: We have July 27. MS. WICKHAM: Okay, since then septic and wells were added. Let me... CHAIRWOMAN: I have an amended map dated January 13, 2003 showing the wells and septic. MEMBER GOEHRINGER: Mine says December 30th... MS. WiCKHAM: The only thing added was drywvells. So you can see that. I don't have my requisite 7, but I have enough for all the board members. CHAIRWOMAN: No, we have this map. MEMBER GOEHRI~i ?GER: Yes, we have it. BOARD SECRETARY: We need little numbers on there. MS. WICKHAM: The size of the house is proposed to be a 2-story house. The first floor, or the footprint is shown. And the actual first floor, if you just give me a minute, is proposed at 1314 sq. fr. The second floor, the same, for a total of 2628. So it's not a, what we would consider, an overbearing sized house. There would potentially be a covered front porch on the, not on the water side, on the landward side. Covered, but not enclosed, of approximately 250 sq. Page 86 o-1' 136 So~ho~ Town Board of Appeals fi. T'ne neighbor to the west: Mr. Lacey is lrere, gad I had some discussions with ?ira earlier. Mr. Lacey's house is shown on tine smwey, it's iocaed approximately 13' ~onc tire wes': line. And there is a row of existing and long standing Trees and ether vegetation witbb_ this property's boundary. Because his lot is cleared pret~2¢ much ffgCnt up to the boundary, mud he was concerned aboxt maintaining the llnc of vegetation for privacy purposes. And he wes also concerned a?eeut the heig~i of the house. We are wilEng m include in your approval conditions, should you approve this application. £~.a~ the applicant would reduce [~e maxirraam height ~e:m the 35' standard_ thet the code pe_wnits, to no more than 32L CHAIRWOMAN': To the ridge, to the top of... MS. WIC~45tAM: To the height, the 35' requirement, however tba's defined in the code~ to 32. They dete~ine that. And mere_ cops, so_~y. CHAIRWOMAN: i jus,: said to him ~hai we need to ctmdfy this. That would be the meaq average as opposed to the top of the ridge, 32. MS. WICKHAM: t honestly can't tell you how tize code ~gures that ou~. but t know 35' is the max~raum_ so we would reduce that to 32. However you'd like to word that. PAUL LANCEY: Actdallvto the oeak of the house, that's 32'. BOARD SECRETARY: Can_ I have your name please for the record? MR. LANCEY: ~'m sorry, my name is Paul Lancey, not Lacey. I'm the neighbor to the wes*. would be 32' re the peak of the house. MS. WICKHAM: 32'. ttmt's not what he told me. I'm so~. i'd have to leave that to the bca~d. MR. LANCEY: No. actually, that's what he said to me. So. and tksfs whst we agreed upon. MS. WICKHAM: If you could g,_ve me a counle of minutes. Let me go :o the next issue that they had that i thought was equally, if not more. xmno~ant. T was discusslng ~he bu57e: along, Mr. Lancey ~s concerned, as you see there is a dffveway proposed along the west side of the proposed dwelling. And the &dveway edge cc roes towards the west bo~nda~ of this We a-e willing to a~ee to aileviale his concerns about the privacy :o maintain a t2 and one half 88 May 15~ 2003 $outho~d Town Board of Appeals Regu]~ar Mee~g Public Hearing foot buff~ opposite the driveway potion of the side enhance of the g~age. And if vegetation that is now existing in that 12 ~ section is removed, screening s~bs will be plated wi~in that ~ea. Specifically, ~bo~itae of an 8... MR. LANCEY: Actually we said it would be planted no less than 10'. MS. WtCKHAM: Within the 10-i2' area. MR. LANCEY: Screening shrubbery, whatever he chooses, and he said he would pick up the cost. MS. WICKHAM: So t can give you that in writing. I just want to tell you that we are agreeable to a buffer in that area. CHAIRWOMAN: A couple of questions. How are we going to reduce this to writing, at this point? So that we have something in writing... MS. WICKHAM: I would be willing to submit that. This just came up, right before the heating, or I would have had it in writing. But I can either spec/fy the language, or just so we don't have issues, perhaps submit it to you within the next few days after discussion with Mr. Lancey. CHAIRWOMAN: That probably would be best, that, particularly with respect to the buffer area. MS. WICKHAM: Yes, I want that to be very clear. CHAIRWOMAN: So you may both kind of sign off on that before you give it back to us. MS. W][CKHAM: But the general idea is 12 ½' opposite the driveway on the side entry as it, as it abuts the side entry garage. And the vegetation would be replaced with screening sba'ubs within the 10-12' portion of the buffer. CHAIRWOMAN: Is there someway we can identify that area? MS. WICKHAM: I think a map might be a good idea. Page 88 of 136 CHAIRRrOMAN~ Let's see who happens. MS. WICKHAM: Thank you. MR. LANCEY: Madam Chairman. Fdjust like to... CHAF~WOMAN: Would the board members like 'co. Mr. Homing. MEMBER HORNING: Suse. I would wanr to veif:y finis will Ms. WicEza~ then. in proposal, if the existing structure is demolished_ ~d a new sn~crJ, re is buik, no: on the footprint thor_ in fa~: you will be eEminating a nonconforming sideyard situation that exists fi~: now. Is finai co=ect? MS. WiCKHAM: ~,~na~ is co.ocr. TF~e sideyard. ~ meant to rnenffon that Tiqszff~ you. The sideyard will be conforming, 15'. It's now. I can't read it~ but it's veP~ small Maybe 2 or MEMBER HORNING: Is tl~.ere any way off pulling the house south, toward So~andview. at ali? Since you I~ow~ you're adequately meeting all o£ these setbacks sxcen~ wid:~ the bulk!earl. Si~ould that occur, 2 finings happen adversely. And t~at's why tlne proposal was to kee~ it s,t the same line. lie first is. as ~ mentioned_ the bluff does slope downward. Fm sorry the land slopes downward from the bluff towards the rea& So tI~e Pdrther back you go, the lower the house w:li be. h'npacting the view. Secondly, the 2 residences on either side axe already considerable forward of the proposed location. And that w_ew would therefore 5arther be impacted. And ~ven the stable nacre of ~nat front scoa there on the sound side. we wonld ask that you consider where it is. Again. it's no~ a huge house. 2600 ss. ff. it's ne'~ anywhere near pushing the sideyard envelopes. CHAIRWOMAN: i iust had one question to clari~ this Because the Trastee. you, permit that you had gxven was to add a. that 39x33 addition to the existing 20x26 residence. Con'ec'~? MS. WICi{MAM: That was originally what the plan was. and tn} understanding, ! didn't submk the application to your boar& but my understsz2ding was. based on the way your advertisemext res& after removal of the sxisting dwelling, that that would be consistent with what the board would want re see. And cedalnly iffwe take away something the Trustees ~anted. I don't th~nk they'll have a problem with that. CHAIRWOMAN: No. I just wanted to make it clear that you are going :o be remowng the i- 90 May 15~ 2003 Southold Town Board of Appeals Regul~ar Meet~g Public Hearing story flame... MS. WICICHAM: Yes, yes, and that's a condition if you want to put that in. That's on the map, and that is the intention. I think it would happen simultaneously so we don't lose any fights, but yes, it would come down as part of the construction. CHAIRWOMAN: That's more palatable. Mr. Goehringer. MEMBER GOEHRINGER: Just for the record, this lot is in single and separate ownership? Because it looks like it's over the other property. MS. WICKHAM: No it is not. I was, I checked that myself. We have a title search that illustrates that. CHALRWOMAN: 1V~r. Orlando. MEMBER ORLANDO: Yes. I agree with Mr. Homing. That I would like to see 50'. No closer than that bluff. It's a very steep bluff: And in this particular situation, I think it's an ideal house setup, with the grade, to have a 10' basement with the garage underneath, might be a suggestion for your client. You know, the houses that have the 10' basement, and the garage underneath it, because of the topographical setup with this. You can just drive underneath the house for a garage. MS. WICKHAM: The garage will be underneath. MEMBER ORLANDO: Great minds think alike, then. MS. WICKHAM: Up to a point. On the garages. MEMBER ORLANDO: It's very close, it's very steep. And we are moving the house. And now's an opportunity to make it more conforming than it was. MS. WICKHAM: I think, if ! could, given the fact that he is totally eliminating a very extrerne sideyard encroachment, he is building off an existing residence, we would ask, and to bring it back even 10' effects the height of the house, as well as puts well behind, particularly the house Page 90 of 136 May 1~5~ 2{}@3 to the east Your impact is complicated by the fact ~hai. as you've seen o~en on the sound iom~ %he ~_g~e of the lot does no~ is not pe~endicu~ ~o ~he Muff. ~.d so. when you have ~hs! ~e of angle there~ whsI your vNew off wlNat wouM be the no,boas! couM ~e consideraNy hampered by ~y neW,Nor who decided ~o put up a hedge or screening 5~ere. ~nd so. gne x~ner back you are~ you're going m be impacted, no~ only by ar ex~sfing residence, but whatever they do over ~zere. ~nd when your. basically, yo~ view is ~o0king across what is ac~aHy someone else's prope~ going down the ruff} it does have a m~ach bigge: impam than it mi~qt ~ook on the map. So we would ask thai you please ar ~easr allow us ro maintain the d~stahce. R~i now. fxon~age or,he house iha exisis is 2~.4'. The ~ontage of/he ~ouse thai we sro proposing ~s 33k So ~haFs less th~ 7~ more ~ontage ar that level. MEMBER ORLANDO: Bnt you're looking more that. a 50% greater reduction ~han the code. but further back. MS. WICKHAM: But fur~.her back yes. everFi~'mg else is frowner back MEMBER ORLANDO: 10©' setback is required ~om the bluff. I~ B. WfCr~AM: [ ~derstand that. I'd tike m give the board, again, I apologize ~ don't have 7 prims, but [ can get them. a copy of the coastal erosion map, which shows in pink this propexy; and the other existing dwellings. And you car. see. ve~ clemdy~ what how far ali of {lose houses are. Tats pafiicu!ar pogion of the biuff actually projects ~nto the sound ~Ycher tN. mn prope~ies ~her east. They cut back in. ~ile it doesn'I show cn the map, roe'ye submit!ed. the house immedimely 'm the east. again~ is a brick house. Fm so~, i don'i remember the 1ady's name. Her house is considerably bigger than ~nat's proposed. And considerably closer ic lhe bluffbecause of/he way it cuts back. CHALRWOMAN: Yes I can see that some are. and some are not. And one that recently just fell off the bluff a couple of weeks ago, ~ guess there was a big blow ou~, no'a in this pa~icnlar section, but another section. So. yes. it's tree. ~here are houses that s~e closer m the bluff thm~ this one. But whm: you sc~ to look at the ~mber of Nowouts thai we've had during thgs last wm~er, then you begin ~o recognize that tlnere is some logic behind this. MS. WICK}CAM: I understand thai. The blowouts... CHAIRWOMAN: We'li have m waft for Soil & Water (S&WI on this. We did ne,* get any response from S&... 92 May 15, 2883 $onthdd Town Board of Appeals Regular Meeting Pubic Hearing MS. WICKHAM: I wondered if you had, okay, so that has been requested. CHAIRWOMAN: We simply haven't got the letter back yet. MS. WICKHAM: Again, I know blowouts are more common when yon have the gradient going the other way, and certainly I'm not aware ora problem in this particular area. MR. LANCEY: The existing bulkhead is in disrepair. I think it was stated up front that it was in good condition, but there are pieces of it already that have fallen over a, close to a 45% angle. CHAIRWOMAN: Okay, before, let's, because we do have to move this along. We have Mr. Homing that does have to get back to Fishers Island. Let's see if anyone else in the audience has any questions or comrneuts. MR. LANCEY: My name is Paul Lancey. I am the neighbor to the west of the property. And t concur with the buyers proposal to create the buffer. That makes me comfortable. I think it preserves the naturaI beauty. I concur with dropping the height to the peak of 32', which we discussed, which she'll review just to get the wording again. But I assure you the seller and I had no idea about average heights. We just thought, peak of the house. But we'll concur and get that cleared up. And the only other issue is that the bulkhead, I think the meeting is generally about preserving the beauty, the natural beauty of the bluff. And if the bulkhead is in disrepair, if it could be repaired, I think that will preserve the bluff: And those are my concerns. Dropping the house back, that's for you and your judgment. I'm not knowledgeable in that CHAIRWOMAN: Okay, what would the boa.rd like to do? We do have to get S&W back on this as well. MEMBER GOEHR1NGER: Close the hearing pending receipt of S&W. And give them 3 weeks. CHAIRWOMAN: We've got to get written comments from both of you, so let's set a date for that at... MS. WICKHAM: I was going Mrs. Tortora ifI could also have the opportunity, if necessary, to respond to what S&W has to say. So, I don't know when that's coming. Page 92 of 136 BOARD SECRETARY: When we get that in writing, we send it tc you, thm~- you reply m writing. MS. WIC~[AM: R~ght~ yes. ~at's what ['~_m suggesting. CHAERWOMAN: Actually what we can do is. if you want m. we'll jus~ recess it. the entire meeting until the Jmne 6t~ meeting. BOARD SECRETARY: June 5. CHAIRWOMAN: Excuse me. June 5th. MEMBER ORLANDO: Is that enough time? BOARD SECRETARY: If we get S&W, could yot~ respond like wit?Jrt 5 or 6 days? MS. WIC~AM: Yes. we could May 29~ provided the S&W comes. CHAIRWOMAN: In other words, do you want m have an oppoEnnity to present oral testimony again or not? MS. WICKHAM: I think ~ would be satisfied with presenting written testimony based on the S&W. and based on Mr. Lancey and me coffin? up with mnguage on those 2 issues 05' setbsck. of buffer and heigrm CHAIRWOMAN: Okay~ why don't we set a deadNne of May 29m for xvritten comments? MS. W!CKJIAM: All right, then ifS&W comes in on t?.e 28th. Fl] request thai you extend it. CHAIRWOMAN: !'Il make a motion re close the heating m oral testimony and written testimony including in resoonse to May 29©. Page 93 o713~ 94 May 15, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing 2:12 p.m. George Giannaris, John Giannaris, and O~hers/Hellen~c Cahh~s #5019. Based on the Building Departmenfs March 13, 2003 amended Notice of Disapproval, applicants request Variances under Section 100-244B to construct hotel units in this Limited Business (LB) Zone District, after removal of the existing cabin structures. The new hotel units are proposed to be located at less than 20 feet on a single side yard, less than 45 feet for both side yards (total), and less than 75 ft. rear yard, at 5145 Main Road, East Marion; Parcel 1000-35-2q4. CHAIRWOMAN TORTORA: ts someone here who would like to speak on behalf of the applicant? PATRICIA MOORE, ESQ: Thank you. You have, in your file, a preliminary layout with respect to location of the proposed cabins. I know you are familiar with this application. We have existing cabins there that range in setbacks to the property line anywhere from 5-15' in setback to the property line. And you can see on the plan, and in your file, you've received, in the past, the location of the pre-ex/sting structures. We are, actually, we reduced the scale of this plan and we've taken the 20 cottages, and reduced it down to 10. The Plauning Board (PB) reviewed it through the SEQRA process. They are in agreement. MS. MOORE: The location of the cabins is proposed at 20' in order to try to make it as co.nforming as possible. I spoke to Mr. Gimnnaris, who's here, the son, and his mother are here today. We have room to move the cottages towards the property line, but we try to establish a conforming setback of 20', and let's see 20', at least on the north end. And, ][ believe, it's 10' on the side yard. We could move closer to the property line, and that would certainly alleviate some of the site plan issues of, for the driveways and the parking. But this is that plan that we're certainly interested in. CHAIRWOMAN: Are we talking about the plan that's last amended June 19, 2002? MS. MOORE: Do you have one last dated March 3, 2003? CHAIRWOMAN: Okay, good. It's the one I remember you getting. MS. MOORE: This project started in '96. It's hard to believe it's been that long. And they are very anxious to demolish what's there. And for obvious reasons, because they are pre-existing, we have pre-existing setbacks, and the cottages could be, you know, improved with aesthetics, significant aesthetics. But certainly they could be improved. They have not been demolished. They are very anxious to demolish them. The place looks, certainly they admit it, it looks terrible. They received nasty letters, you know, unsigned, very critical, very nasty letters calling them all kinds of things. Because these cottages remain looking the way they do, to the extent that they felt compelled to put up a sign to explain that, listen they are in the process of getting a permit, that's why they hax en t been demolished. So they are really arLxiOUS to get this resolved. CHAIRWOMAN: We did a site inspection on this. I don't even remember how many years ago it was. Page 94 of 136 MS. MOORE: f kaew we did a site inspection in '96 when the application first creme in. ~nere was an effort to coordinate, and actuaily~ Mr. Goek~nger, ve~ kindly, wifiz the PB. we did a site inspection. We walked t~ou~ the entire she. CHAIRWOMAN: ~ was there. I remember. MS. MOO~: You were them. on the bo~d at the time? CHAIRWOM&N: Since 1995. yes. MS. MOORE: Okay, good MEMBER GOEHR~GER: It was a cold, s2o~, day. MS. MOO~: No CHARWOMAN: No. it was a spring day. MS. MOORE: It was a nice. spring day. CHAIRWOMAN: ~Td we were w~king arc,md in the mud. MS. MOORE: It was really awol, but, yes. CHAIRWOMAN: A couple of questions. You did get the letter from the PB that they do have any objections re the variances. They do have other xssues, such as ce:~rafn slcnes and tbJngs Hke that. But none of them have too mmck re do with us MS. MOORE: That's why we said "weI1 listen, if you wan~ us ~o move fine cottages closer to property line because we are surrounded by the golf' course". We don't need as much. ceEzinly, the pre pexy line along the north end. white abuts ~ne golf course We could go muc~ closer, ifs all open space, and that's really what it is now. It's aN ~ass. and wh~ some shmbbeu. There's a fence_ the chain Nnk fence along the prope~y line of the golf course. But aside from that there's really no reason not m push i! closer. We could dc teat and that would cenain]y give more room and fiexiNlity to the site plan for p~king. But we can work with this plan. And really jus~ tweaMng the plan with the PB addressing, ycu ~mw. making it work w~th respect re the gading of the property. CHAIRWOMAN: So the sidey~ds on the_ next to the golf course, you're looking a-: MS. MOORE: Yes_ the no~h prope~y.. CHAirWOMAN: I2.5d0.9. is that Page 95 of 136 96 May ]~5, 2003 Southotd Town Boar~ of Appeals Regular Meeting Public MS. MOORE: No. MEMBER ORLANDO: On the west side, west side. MS. MOORE: Oh, west side, yes i2, I think they've got 12.5 there and 10.99. Yes. And that's just because of not really the frame of the building, but the stairways or other structural elements. CHAIRWOMAN: It's also the angle. MS. MOORE: Yes we have them angled obviously... CHAiRWOMAN: You've got them, you've got them around little circles around that circle way. And the, it's, the angles, that angle that is jutting into the sideyard so far. I'll ask you the proverbial question. What can you give us? MS. MOORE: We've given 10 units. CHAIRWOMAN: DoWt ask ns, we're going to ask you. MS. MOORE: No, we've given up 10 units. That was a significant gill. CHAIRWOMAN: I'm talking in terms of the variance. MS. MOORE: Well the variance, we have existing, pre-existing setbacks as I mentioned first sentence I said was at 2', 5' from the property line. We haven't pushed that. We haven't pushed the pre-existing setbacks. We've actually tried to make the, the cottages as confonning as possible. And we pushed them away 20' from the property line. So, we've given in, already by walking in here with this plan. And rather than wasting any more time with the, you know, back and forth. CHAiRWOMAN: Here's what we have. We have the amended Notice of Disapproval (NOD) from March 13. And on that disapproval, the Building Department (BD) is saying hotel unit 4.3, sideyard 10.99. That's and so the hotel unit 6.5, single side 12.05, hotel unit 7.8, shows rearyard of 20. MS. MOORE: Well they had this plan, as I recall. Or something, I think this is more detailed because it has a sanitary on it. It was for the Health Department (HD). CHAIRWOMAN: So if we go, let's just take a look at it. MS. MOORE: I can pull out the old plans, but... Page 96 of 136 97 M~y ~5~ 2~03 CHARWOMAN: h~ other words, axe you suggesting that they ~e looking at the. the ~ended one was b~ed on ':he old ~lans? MS. MOORE: ~is plan has hoC cx,~ged m _~ s placement of the s~acmres. ~nd ~ cam go back 'm the ofi~naL Iffs beer: ~ike this for, we~L since it was reduced do'~ to 10 units. Look at Janu~ 7~ I thi~ since Januau 7. CHArRWOMAN: Okay, so if we go in 4.3. lefts go to that mniL the 4.3 MS~ MOORE: I'm son% oh. 4.3. yes, got ii. CHARWOMAN. Lefts ~e m m one by one. /+.3 has $ 10.99. c~. we ge; z5 mm~m~ MS. MOORE: We]~, you're going ro sm~, ~ns~ead of a c~rde. You're going ~io star: ~hem mmund. [ mean. CHARWOMAN: ~iher: ~, I, ~.ow that, o7... MS. MOORE: ~fwe ~e going m a~emate l!~e ~oca~cns of tl~mm~ hhen in ~hai case, why don't we push 9A0. 8.7 :loser re ¢.e Fropeny 2ne on the nor~. You l~:ow, you c~ c!usrer them mud fi~i, w~y don~i you come up7 Because :~ s rea~y yo~ desi~, no~ mine. Sc [ ~ oversmp my bonnd~es. If we move these, fi~r ~ow ~t has a nice circulm~. ~ffs s courcy~d efffecL So 7 ih~ that's why Young & Young proposed i~ ih~s way. W~h some ~kougk, ~om you when you were discussing fl. Could we move these up, beck a h~le mc/ And fo~ard a little bit7 GEORGE GIA~AR[S: My name is G~orge Gimmqa~s. How are you5 [ thought going c!ose~ was an issue. We have no problem going closer. We were t:ving m avoid that. MS. MOORE: To the ones in the north. MR. GIA~ARiS: To the ones i~ fl~e no~h. We ~gurea we re t~'mg m minimize. maximize the distance we have to the property tine. So this wouldn't be an issue. CHAIRWOMAN: No. I really don't have an issue win_ d~e circular. It looks like a design in me. The only thing Fm concealed about is. you l~ow_ what happens with the golf course there. And fi~ankiy, I would~Ct have any problems leaving it there because the goif co'arse is there. MS. MOORE: Well. on the other side. I ihi~{ you have parking, MA. GiA~AR~S: That's the whole p~king Page 97 ef 53.<, 98 May 159 2003 Southold Town Board of Appeals Regular Meeting ?ub~ic Hearing MS. MOORE: That's the golf course parking lot. MEMBER ORLANDO: What's on back of those apartments? Those aren't decks, those are patios. MS. MOOI~E: Yes, patios. MEMBER ORLANDO: So, on the west side, the patios, you know, 2' from the line. MS. MOORE: Exactly. CHAIRWOMAN: Yes, but they back up and this is all golf course here. MS. MOORE: No, ~t's the parking tot of the golf course. CHAIRWOMAN: Put it this way, if we went to larger side yards, on the west side, then we'd be pushing it to, up on. the north side, which wouldn't... MS. MOORE: Instead of a courtyard effect, it's going to look like, a little awkward. I thor& what we are also trying to do is keep the traffic flow separate and apart from the restaurant use. So that's why it's been somewhat segregated. CHAIRWOMAN: It's a significant difference than what we looked at in 1996. MEMBER ORLANDO: The existing house that's up there, 1 ½ story, 2 story, that will be removed? MR. GIANNARIS: Yes. You're talking about he main house that was... MS. MOORE: It used to be the office. MEMBER ORLANDO: That's being removed, not to be rebuilt? MR. GIANNARIS: Yes. Not to be rebuilt. MEMBER ORLANDO: And all those cottages, you're saying, on record, will be removed and cleaned, and... MS. MOORE: Well, we want to remove, actually, we will rely on your oral approval if we could. MEMBER ORLANDO: Because I walked outside the other day, and I was trying to count them, I was amazed. This is a tremendous improvement to what is there now. 99 MS. MOORE: And they've been dying to do it. And they just car.'{. Obvieusiy~ they can't demolish what's there for obvious pre-existing status reasons. They wzmt ts. i~ they could do il i~ediatety, pm~ieularly be~mg of this season, it will rea2y improve the ~ea si~ibe~(.y by r~o~ng those... CHARWOMAN: So, you have ali yo~ other approvals7 MS. ~OORE: Yes~ yes. HD is in place. The only Ging we need your v~pm~ces on the setback m order to go back to Yi~ing, finalize t~e she pi&ri. And lhen we are done Thor we can go~.. MBMBEV ORLANDO: I~I may have one little in->ut on th~s that ! wo~fld like ts see. is ma~se a little bit screening on t~e soufn side~ on ~.2. MS. MOORE: }.2_ oh. along the front? MEMBER O~ANDO: Yes. you have one little ~ee er som~kfxng. But in front in front o7ffnat patio, ma~se ~other one. MS. MOORE: I tlq~?~ ! see mx existing tree. TN~s doesn't show fize landscape plan ME~E~ O~ANDO: You have a l~dscape for ma~se some... CHAIRWOMAN: PB. MS. MOORE: Ds you have h ye~ MR. G~ARIS: I don't but_ for the record. Fm more for i~dscap~ng. Fli beauti~ the place ~emendously. No problem. MEMBER ORLANDO: Just to kind of conceal 1.2. and 3 fi~ht there. MS. MOORE: Exactly. MR. GIA~ARiS: Not a problem MEMBER ORLANDO: And the people sitting on fine back patio can enjoy... MS. MOORE: Oh. absolutely. MR, GIA~AR!S: OF core-se. MEMBER HORN.-G: ~nat dbout i~e buffer to the p~king lot, too? MS. MOORE: The paff~ing lot, the golf course parking lot you're talking about'? May 15, 20~)3 Sonthold Town Board of Appeals Regular Meeting Pubic He~r~ng MEMBER HORN~G: Yes, l~dscap~ng... MS. MOORE: That's why ~c space we have is, what eve you going to do, fence? MR. G~A~S: No, the fence is, I believe, I'm not sure ffthey have a fence there, but the whole l~ne ~s vegetation. They have s~bbe~ on tbe~r side. But whatever yo~ feel ~s opening, we have no problem... MEMBER HORN~G: Fro just inquiring ffyou're goingto show tha~ on your... MS. MOORE: I mean, ~fyou w~t to leave ~ open... ME~ER HORN~G: I ~i~ Ws a good MS. MOORE: tf you w~t to come ~d inspect a~er Ws cons~cted ~d t~dscaped, suggest add~fiona~ l~dscap~ng... CHAIRWOMAN: H~n't ~he PB already done I~dscap~ng on this? MS. MOORE: Not yet, because we have to get ~e location of ~he bu~Idings. We ~e stoical. We c~'t go over &ere rand finish up. CHAIRWOMAN: Oh, I see. MS. MOORE: So... CHAIRWOMAN: Mr. Goe~nger. MEMBER GOEHR~GER: 1 thi~ you've come a long way in the past 6, 7, 8 years. And I like the plan. MS, MOORE: Let's hope his children ~en't adults before we get this final approval. MEMBER HORN~G: One ~her question. Are these proposed units open year round or seasonal? CHAIRWOMAN: They're hotels. MR. GIA~ARIS: Well, our intention is to keep thru open year round. Whether or not we ~II because of the seasonal nature of~e ~ea is a completely different issue. MEMBER HORN~G: Okay, just as~ng. ~a~ you. Page 1O0 of 136 8eut~eld Tswn Beard ef Appeals CHARWOMAN: I don't really leave may other questions. Lefts see. Is there anyone m ~e au. dience ~no would 15ko to spe~ for er agMnst Ese appHc~*? ~xny q,aestions? Seeing ne k~nds. I'H ms~e a motion dosing the hea~ng rose,rig abe decision un2~ later. MS. MOO~: And as ~ sa~d. if you com~asicate a verbal approval, whefher k's re us or fine BE. ~a: way we can go ~d demolish whorls ~here Fs cradaL We have a pile ofd~:~ 5~.t now because of 'the s~ita~ system. And they ge jus~ wahing for. 2se cottages ge just wahing for that bGldozer. MEMBER HORN~G: Se Pm, if we approve Ikis~ you fell conSdent the PB w~l fan 5~t ~r whh whatev~... MS. MQO~: ~es~ because :he PB has no ju~s&ction whk res-,ec: to gao se*~a&s. Once we've goraen ~he v~ance from yo::~ 2's as ~f 5t's 5n the book. And sow [frs lus: a qnesffo2 of d~veways, pa~ng, H~Mng, thai k~nd ofs~te plan issues alone. So~ i re& conhdent ~qa~ he could proceed. TB~a you. PLEASE SEE M~TES FOR ~$OLUTION. 2:27 p.m. Warren 1Vlellaaao #5287. Based on the Building Departmenfs Decembe? [3. 2002 amended Notice of DSsapproval, appNcm~ toques'rs s V~ce under Secfic~ ~00-38A.4 (ref. 100-33) to coast%icl an &ma~e~ radio rower is a ~ont yard a'r a heist exceedSng the code Hmitafion of 18 ffeel as ~ accessoxT s~mcmre Location o~ ?renew: 165 Wood Lane. Southold; 1000-86-6-2.3. CHAIRWOMAN: is someone here who wou]d hie to speak on behs. l~of the applicant? WARREN MELHADO: ARemoon. My name is Wa~en Me]bade. I resMe at 165 Wood Lane in Peconic I hold ~ amateur extra class_ amateur radio license issued by the FCC. Farsuam 'ce chapter 47 of the code of federal re.lotions pax 97. My can s~z ~s WM2Z. ~nd: h~ve submitted a copy of my license with my application. A ma~oer of radio organizations, ~nctuding &e Amateur Radio ReiW Lea~e, the Amateur Radio Emergency Se~ices. SC Radio Amamm- Civil Emergency Se~ices. and the National Weather Semite Sky One Spotter Prs~am~ Fm the assistant emergency coordinator for Peconic and Southold. Excuse me. that's Peconic and Cutcho~e. And i am the secretm~ oF i-he Peconic Amateur Radio Club. Fm a ve:v active amateur radio opermon and ve~ committed to se~in~ my communhy for emergency so.ices. ~ received emergency training 'from the 4meffcan Red Cross snd rise Federal Emergency Managemem Agency, and ffm National Weather Serwce. Hams. t~ical!y, are called m se~me ~or emergency masons_ ~or finings Hke the avionic crash, the LI wi!dfires, the TWA flight 808. and the World Trade Center attacks, in addition, we serve the communiw a~ finings ~ike froot races, you ~ow. the Shelter [slsnd iOK. and stuff like that_ by providing emergency communications. Ail at ot~ own. our time. obviously-, ~s donated. Hams axe ncr allowed ro receive any compensation in any fot~ wharsoever. We use our eeuinmem, and our t~me to se~e Page I$1 of i36 May 15~ 2083 Southold Tawn Board of Appeals Regular Meeting ?ublie Hearing the community. I'm seeking to erect a 54' self-supparting tower that will enhance the range and reliability from my home, amateur radio station. My package to you includes all the details of the tower itself. CHAIRWOMAN: It was a very thorough package. MR. MELHADO: Thank yon. Hopefully that's my engineering background. The tower I seek to erect will be used exclusively to support the amateur radio station and my home. No other reason. Elevating antennas that I use for emergency communications is essential because the radio propagation at the frequency used is very high frequency and ultra high frequencies are basically limited by line of sight. Actually you get away with a little bit more because of the atmospheric conditions, but the strong signals are really, basically by line of sight. At 60', the radio horizon is 11 miles away. The other station that you are trying to communicate, of course, has a radio hor/zon as a function of his antenna. The proposed location for my tower is on the side of my house between the garage and Indian Neck Lane, setback about 50' from the property line. The entire south side of my house, and the rear yard, the d/stance of about 345', are considered as a 5'nnt yard by the roles you set forth because of the boundary along Indian Neck Lane. Basically, I don't have a rear yard, wl:fich is where accessory structures belong. The surrounding area of the proposed location is heavily wooded. And the tall trees and evergreen shrubbery in that area will help obscure the view of the tower from outside my property. The proposed tower is 54' high when fully erected. And it's 24' when collapsed. It's 3 sections that telescope and are raised with a winch. The Building Department has determined that the height is exempt by article 14 section 100-161 and article 23 section 100-30D. The requirement there is that the distance of the antenna needs to be at least as far away as any high tension power lines. The distance from the base of the tower proposed is 68' from the nearest overhead power transmission line carrying more than 220 volts. So I'm well within the distance of that. CHAIRWOMAN: The total height of it with a mask is 54? MR. MELHADO: Oh about 6-8' more. 60-62'. CHAIRWOMAN: 60-62', and it's a 6' poured concrete base? MR. MELHADO: That is con'ect. CHAIRWOMAN: Which would be about 6" above grade? MR. MELHADO: Right. It's 3' square above ground, about 6" high. CHAIRWOMAN: You made a very thorough informative presentation. So if we could just see if the board members, what questions we have at this point. MEMBER HORNING: Sir, the height to the tower you are proposing is due to the fact that you're trsqng to get a clear line of sight. Page 102 of 136 Sout~old Town Boara ef Appeals Regular 1Ti!coting ?~b~e ?5earing MR. MELHADO: The higher the beC:er. 77nero's no question about it. If you could make it 200L it would be even be~er. MEMBER HORN~G: Tell us approximately how hig~h above the tree line this would be? MR. MELHADO: Actually i this~ it'll be below fine tree line. The ceos there ar~ vex7 tall. submi~zed some photographs that I tool< back in the fail, _ ~ess. ~nen [ sffomitted my application. You c~n see tine trees there are quite tall. I thi~& I'll be fi~t around the tree line. not above ft by a you slight amount. MEMBER HORN~G: Just enou~ to have it be able to be ~ctiona] ~. MELHADO: it roms our ihs/: 90% cf t~e operations t~¢e place in the wintehime. ~nen there are no leaves on the Noes. Tbf. s time of the year, re~utm- commmnicafions are kind carat because of t~e su~er, It's an g~zosphefic thing with tke macs shore above ff2e ch~_ges quite a bit in the s~_e~ime. ME~ER HORN~-G: Me you going to be required to insta~I any kind of warning li~ating or mny&ing like that7 MR. MELHADO: No, as long as it's und~ 200L and not ne~ ~y aimorxs. That's nor necessm~. CHAIRWOMAN: Mr. Goebfinger. MEMBER GOEHR~GER: Fail Back. are there any guide wires on this! MR MELHADO: Nc This is a self-suppo?ing tower. The substantial concrete base tbs2 goes ~own in the gound 6'. sad it's 3', there's 2 c¢oic yards of concrete quite heavy. And it will ~e. the hole for that. will be hmad excavated to minimize any distuFoances of other areas, but also to keep the ~ea around it undisturbed. So that you gev the fi~ sci'. and not a b~nch offtoose that has been backfilled. MEMBER GOEHR~-GER: What happens in a fault? Either ff%~ough wind ~r some other of sit, atica7 MR. MELHADO: Most ~ikely, a tower like this. if it were to fail this is quite a substantia1 stmct~e. If it were m fail. mos~ likely, they don't jusr fall down like fha! They collapse somehow in the middle and. you know. kind of like fall dow, n in a btg pile. Any ones that Fve ever seen hhai have come down, Never seen one of this type come down This ~s suite a substantial structure. MEMBER GOEHR~GER: Would it pancake yew similaz 1o what fine WTC did. 1~4 May 15~ 2~3 SvuthvId Tawn Board ~f Appeals Regular Meeting Public ~ear~ng MR. MELHADO: I don'~ ima~ne it'd be q~te that compact, but, yo~ ~ow. MEMBER GOEH~GER: No, I didn't me~ that. Would fine top section fall into the 2nd section, or would it ac~ally do that jagged... MR. MELHADO: If it ever fell apaa like that, I c~'t ima~ne, it would probably cover some small area mo~d that. MEMBER HORN~G: All twisted up and bent. MR. MELHADO: t would imagine, exactly. CHARWOMAN: ~e desi~ in there, Je~, it's not self-collapsing. MEMBER GOEHR~GER: No, ~d I understand that, but I had to ask the question ~ay. And, of co~se, that would only happen if some ke& sto~ cme up because if something was occu~ng, like a hu~c~e, would probably b~ng it down ~ay. MR. MELHADO: Oh absolutely, I'm so~, I didn't mention ~at. k would be ~Ily my intent, ifI ~ow a stom~ is coming, ~d I ~ a spotter, so I'm watching for stufflike that. it's vew easy to lower ~"~is thing down to 21'. We're, probably would be well within the tree stmc~re, ~d the wind is all broken up by the ~ees. MEMBER HORN~G: Does this have a stopping winch? MR. MELHADO: It has a winch, it's erected by, it's telescoping, the largest section is at ~e bosom, ~d it gets successively smaller as it goes up. And it's erected with a 3.16th inch aircra~ cable, and a winch, hand winch. MEMBER HORN~G: Approximately how long would it take you to ratchet it down, ~nch it down? MR. MELHADO: It goes down a lot easier th~ it comes up. Several minutes, maybe but... MEMBER HORN~G: In an emergenc~ MR. MELHADO: 10 minutes, maybe something like that, or less. MEMBER GOEHR~GER: The last issue is interference to neighbors, TV's, radios, I ~ow most evewbody has cable today. Does it mean that... MR. MELHADO: k makes a big difference. I should point out that I have been operating a radio station in my home since September of 1995 when we moved in there. And I've had only Page ~)4 of 236 8eu~ho~d Town Se~d o£ AppeaEs er_e ins{~ce. ~n that time~ of inte~erence wi~ a neipfaer's eiectremcs. The situation was i~=med[ate~y co~ected, end has not re-econo& MEMBER ~O~G: Sbr. how do you co=eot a s~tua~on 5he MR. MEL~ADO: I used a d~fferen~ mter~n~ ~=d red,ced ~he power. :t was o~ one b~d. at one pm~icuiar t~me~ mid I was pmning doeut 5( ( gt tine t~me on ~ pm~icular band. Thzt her equipment, for some reason, o~cked up. It was a stereo system, mud ~ 22~mediatdy s'~opped do{rig '~at, ~d have done it again s~nce then. mud no com:iaints. Now I should a]so odnt out 12at :he id~ner you mmke m antenna Hke ~s. the less likeiy ~t ~s ro ~nte~ere with ~one, Mostly because the ~omnd way s:~al -Mll go ~t over them, tie !ower~ you could be aiming thbs thing ess~1~al!y A~2 at the house. RFI is an ~2teres'dng problem. It ~:s~tdly res~ils from deficiency at the rece~v{ng end as opposed 10 ~Te transmitting end, Older electro.cs tend :o be more susc~i{bie ~o this s~l Ye~s ago, hms go~ i2 a lot of tro~ole whiz ~nterfergnce television. The wMespread use of c~bIe has eim~nated a lot of ~inat ~d also I generM]y, thou~z I'm ~1owed to~ I generally don't opera:re on a frequency that is pm~cu!ar!y in ~e re!evasion bands~ I do. once in awhile, but no~ ve~ often. So. as i say, ~n the 8 years th~.~ I've been doing tlnis. Fve had only one comp]zint~ mud ft was ~mme&ately resolved. CHAIRWOMAN: ~at's the heir2 of yozxr ex~st~ng anterma? MR. MELHADO: Fm CHARWOMAN: The heist of your existing ~tenna. MR. MELHADO: ~ have a wire ~rerma that's from between 2 ~rees. that's up aboul 50'. It's jusz a piece of wke. CHAIRWOMAN: So. 2's strang between two trees? MR. MELHADO: It's s~ang between two ~ees. Mr. Od~do. MEMBER ORLANDO: i agee with you. sk. tha~ your trees arc.ad there ~e you l~rge. believe they were oaks. And they're probably 60'. Easy 601 They m~e pre'c~y Ng. And l ro jus: conb~ ~he mech~mica] w~nch to lower {t. 2's no~ elec*~caL so ~here was g sro~.. You could do ~t meclnan~cM, or 4s {t both? MR. MELHADO: ElecMcM winches are exoensNe, mud ! was nor go~ng *o buy one. l though~ about it for awhile. It cost aboul S10O( just to buy g winch. MEMBER ORLANDO: So N's mechmn{caL and doesn't matter if yoga ~ost oower. 106 May 15, 2003 Son,hold Town Board of Appeals Regular Meeting Public Hearing MR. MELHADO: It's a worm drive winch that doesn't require any ratcheting down, and because of the worm mechanism, the, you don't need the locket. It's nat~rally locked because of the mechanical advantage of the worm drive. MEMBER HORNING: And you unlock it, and it will just telescopically... MR. MELHADO: Just turn the handle and it will go down by itself. It's own weight will bring it down. MEMBER ORLANDO: No other questions. CHAIRWOMAN: The only, only, this could be operated at anywhere between 24' and 54'? MR. MELHADO: Oh yes. CHAIRWOMAN: So that would be totally flexible for you to operate it? MR. MELHADO: In general, I would seek to operate it at it's full, extended height. Because that's where I get the advantage of it. But in an emergency, it could be lowered, and CHAIRWOMAN: Any further questions? Is there anyone in the audience who would like to speak for or against the applicant? Seeing no hands, I'll make a motion closing the hearing reserving the decision until later. PLEASE SEE MiNUTES FOR RESOLUTION. 2:52 p.m. East Enders/lll6{} Main Road, Inc. (formerly Cifarel~i) #52111. Based on the Building Deparanent's August 16, 2002 Notice of Disapproval, amended February 26, 2003, applicants request Variances under Sections 100-101, 100-242A, and i00-243A: (1) to add a second use on a nonconforming lot, and (2) to construct additions and alterations to an existing building located in the B-General Business Zone District, at 4.4 feet to the front lot lines at its closest point. The second use is proposed on a lot containing less than 60,000 sq. f~. (30,000 sq. fl. for each use), at ~ 1160 Main Road, Mattituck; Parcel 1000-122-3-9. CHAIRWOMAN: Is someone here who would like to speak on behalf of the applicant? PATRICIA MOORE, ESQ: Patricia Moore, 51020 Main Rd., Southold. And I have with me the owners of the property, and owners of the business, which would be Michael Racz, and Gall Dessimoz. They are here. I also, very kindly, Tom Luniewski is the owner of the road, who I know very. well because he's a client. He offered to come to put on the record his support for the application. But most importantly, the fact that he is the owner of the road, and consents to any improvements that are to be made on this road. Page 106 of CHARWOMAN: C~: we have fl~e spdling on fha va~e please? MS, MOO~: Come o~ up. MR. Lb~IEWSKI: L-U-N-[-E-W-S-K-I CF~WOMAN: Th~X you ve~ much. MS, MOORE: Tom. for the record, areyou/he owner oftheroad? ~. L~IBWSI{i: Yes. I am. MS, MO0~: And youWe reviewed tE~s proposaI? MR. LL~I~WS~: Yes, MS. MOORE: And ~e you in support of it? ~. LrG~IEWS~: Yes I am.. MS MOORE Later on, as we go i~ou~, well ~'11 do ii fi~t zow. We have a proposal ~om Corazzini Asphalt with respect to two alternatives. One is an asphalt mix. And the otke: is a crashed stone mix with respect ro the improvements ro the road for a dimension of ~5 and by 210'. So the whole len~h of fine road that is adjacent to East Enders prope~y will be i~rovefi to the extent thai lhe Planning Board. or the town. or you felt appropriate. We have two proposals, ar_d we submit them b~ th. And Fve shown them to Mr. Luniewski. He is amenable to either proposal. And. ceCainiy, I thimk, you might want TO stale, for the record thaL s~e you happy that we're doing this? MR. LL~IE-WSK2 i'm ve~ happy. ~ was going to do it an~ay. MS. MOORE: He's building a house behind, down Joka's Road. and. becaase he's the owner of &e road_ it's considered a long access road. long driveway fm him. But recognizing the condition of the road the way it is. he knew he was going to have lo make imnrovemenrs for l~imselff Pot 2nis own personal access. And ce~a~nly the fact thai East Enders is going to do it xs a plus for him. So. Fll put this on '~he record. MEMBER GOEHR~GER: Could we just hold this hearing up for one second. Lydia? We need to address the one special exception in Fisher's Island. because George rs going ao be leaving in the ve~ near future. BOARD SECRETARY: We have a few minutes. CHA~WO~N: At 3:15. George? May 15~ 20@3 Southold Town Board ot` Appeals Regular Mee~g ?ub~c Hearh~g MEMBER HORN~NG: I've got to be out of here a$ 3:15. CHAIRWOMAN: So we'll continue. MS. MOORE: Keep going? You just tel~ me when yon want ~s to stop. MR. LUNIEWSKI: Fve got to make some phone calls. MS. MOORE: I ~ink we're done. Do you have ~y q~es~ons of Mr. Luniewski? Because he's heading back to a job, and I don't wm~t to hold him up. I took him completely out of order of what I was~ my presentation. MEMBER GOEHR1NGER: Do we have a copy of that either or situation? MS. MOORE: I just put it on the record. MEMBER GOEHRINGER: You just put it on the record. MS. MOORE: Yes, Corazzini, I have another one it'you want it. MEMBER GOEHRINGER: Yes, I'd just like to study it. MS. MOORE: To make sure I got the right one. BOARD SECRETARY: Do you have any extras, Pat, for the other members? MS. MOORE: Let me see how many I have, yes. As I said, do you have any questions for Tom, before I hold him up? I was pleasantly surprised he was here in person. MEMBER GOEHRINGER: The one question I have is that you own the last lot on the fight hand side? MR, LUNIEWSKI: Going down the road 400' from the Main Road, I own the last lot on the water over there. MEMBER GOEHRINGER: On the water. So that's at the dead end? MR. LUNIEWSKI: It's a dead end past my house. The road goes another 600' past my house. MS. MOORE: If you just hold offfor a second. I have, I don't know if this is the last version, but, I'll need this back, but I have my notes on it from Trustee's meeting, but I'll submit it. Just make a copy of it, and cai1 me to pick it up. Page 108 of May ~5o 2003 Snu~o[d Tow~ Bo~rd of AppeMs MEMBER GOEHRN-GER: ljust want to see it one second. So this is tile lot ear's N~lt aS:er Ge ben& Is/bat coxect? MR. LClrEWSKI: it's o= 21e bend. it's adjacent to Village MaSna. Village M~na where they end is w~ere my prope~y begns. MEMBER GOEHRNGER: So you're going re improve, just to tNai si{e~ MS. MOORE: Well. they are going ~o improve 210' of it He's going to improve ? to Ge end of his propers, or wleere his dSveway... MR. L~EWSKI: If my nei~oors want lo improve more, FI do tko w~o~e road. If eye.oozy wwsxs to cNp in. or whatever... ME~ER GOEHRNGER: %at's what got my tbou~ts going w¢~er_ you were Calking 400' or som_e~iing of tha~ na~-e. MS. MOORE: Well he's about 400' ewgy. MR. L~IEWSKI: I'm 400' aw~y, they want to ~mprove 200', kaiSsay ~o my propeny. Se Fm ~xp for that because k saves me e few tlzousmz& MR. MOORE: And ~hen to the extent that the rest of the nei~bors, pm~c~lerly the ones down at the end. if they want to contribute tow~ds whatever difference ~1 wouZd be for Cor~zin~ ,re de the b~lance. ~t would seem to me that's the approp~te time. Bu{ we obviously czn't force anybody ro make improvements ro the road CHARWOMAN: One thing we woutd I~ke y?a ~o do is just stye that ROW. MR. L*~XEWSK2 ~ thin ~t's s{~ed ~ghtnow. CHA!RWOMAN: is it sial{ed ~igh{ now? Because when ~ was down there on TPrarsday ~t wasn't. Unless some{bing happened, mud ~ missed something. MS. MOORE: I w~ll check. Either t~-ough you or East Enders. we c~ de ~t. Young & Young ~s the suNeyor on both projects. MEMBER GOEHRN'GER: ~o did you buy the propesy frem2 MR. L~IEWSKN ~ bough{ i~ from CardinMe. CHAIRWOMAN: Okay, Oonfinne. MS. MOORE: Can Mr. Luniewski be exc'ased2 Page 109 o553e May 15~ 2003 Southold Tow~ Board of Appeals Regular Meeting Public Hearing MR. LUNIEWSKI: Cell phone, 455-9721. MS. MOORE: Why don't you put it on the record? MR. LUNIEWSKI: (631... MS. MOORE: Is anybody writing this down? CHAiRWOMAN: The tape is rolIing. MR. LLINIEWSK/: (631) 455-972I. MS. MOORE: Okay. Sorry, I kind of went out of turn because of the way, his showing up. We have an application before you for the area variances to make renovations to the existing building. And you have, in your, in your file the dimensions of the existing building. Certain issues, just so yon know, the timing of this, we made the application to this board. And I also submitted an application to the Planning Board (PB). The PB site plan application is in the process of preliminary re,Aew, in order to resolve issues before their time frames begin to nm. Because from the time that a formal submission is made, they have to undertake a review w~thin strict time frames. During that process, I met with the PB, and they were not very receptive, to say the least, and then after that, we received a copy of a letter that came as a memorandum to this board which raised certain questions or issues, i'd like to discuss those issues because it makes sense to go through. It will touch most of the points that I want to make with respect to this application. And what I've done is I put a memorandum together, which has the points numbered in my response in accordance with the numbered points that the PB makes. And I have some exhibits to support my position. The first point that they raise is the zoning of this parcel. As far as the town, the Building Department (BD), is concerned, this parcel is BI zoning. My client, I'll refer back to a pre-CO that was issued back 1985, back in 1985 the zoning has, to my knowledge, has not changed in this area. It referred to this property as BI. So when my client approached the BD before bu54ng this property, did some due diligence, he was advised that it was a B zoning, B zoned, parcel. There was a pre-CO from '85 that reflected a B zoned parcel. And that's the position that the BD has taken in review of our application. And we concur with that. So, as to the first issue they raise. They then discuss the issue before this board about whether the use is permitted. What I did was I reviewed the definitions in the code. And the BD has taken the position for the past, to my knowledge, at least 12-15 years... CHAiRWOMAN: I'm going to stop you fight here. Because we are going to, the PB has indicated that they are going to request a formal interpretation of a deli take out. So we wiI1 conduct a hearing on that application. We are not going to do an ad hoc, though. You are free to say whatever you want. I'm just giving you a heads np that there will be a separate, a separate heating on that issue, at the request of the PB. Page liO of Regular Meet~ P~b~8 MS. MOORE: ~at's their preroga~:ve m m~e ~hat request. I would hope float's r. ade in walt{rig and Wen in due course. Because in aK fa!mess to my c~{ent. ~hey me corn{rig up with this, really, t~_ey do not i{ke_ t~ere have been numerous delis Khat have opened up i:z bnshfess zo:~ing. ~is is the ~rst time t~ey raised this issue before th~s board, l ~nd it in ;gad fJth to been wit?,, m:d ce~ain~y c~ectionable, t's a de~ay tactic and the odor owner. Cif~eHi, was ~'ou¢ the mill. This piece ofprop~ is a d~f~cult piece ofprop~y, it's a s:%M~ p{ece of propefy, but a pre-existing piece of property. And they've mJ(e eveW effod to sterilize K~hs prope~y ~-xou~: evew owner/appl~cmnt ~hat's come before tk~s board or their 5ofzd. So ~ End v~ objecdon~Me. But.. CHARWOMAN: i mnderst~d your objections, they're noted. However. as you M~ow. ~y bo~d or body, or ofEciM oft!:e town wo,Md request ~d apply for ~: in:epre:ahon board, we're... hfS. MOORE: %nat's ~ne. but you should propose i:e time restrict{ohs on 5:em so ti:at We not le~ 6 mon~ahs wMfing for. ce:¢Mnly they have the prerogative tc make K~e appl~cadom They, th_ay sent a memo back Ap51 22 requesting 2. To wlmt extent you're asking of them a application so be it. But get {tm zdft away. Because ~:'s j~t unconschon~¢le to pm:ish a app]ic~t based on a theoretical disageemen: wi[*. the way ~he BD has cl:osen ~o ~nfez, ret the code for the past ~5 ye~'s, i just point out the position, pm*don me? Okay. T3.e position we t~Z<e is thaL if you look at tl~e clem I~gaage of retail s~ore, it spec55cMly includes, it includes t~e out -- ~tems. food ~d beverages. So what. i don'~ believe the BD h~ beer. in e~or with respect to the point because that's precisely what a food estab!isb-ment, a de~5, a de!~ is vow broad deEn~don. Ln Europe, you have det~s that ~e ~here Eom k~g&~-end to. to a s~Mwich on tize street. %nero's a wide range of deductions for de12s. That also applies, for the most ,3~. in Southold. Yon'ye got a wide range of food retailers. ~ thimk that the code specihca!'_y addresses restaurants. This is not a restaurant. We obviously don't have room to m~e this a That's w2ere the difference fails in whether or not th~s is a specha~ exceotion take our resraura:~r. I thi2 you have ro sta¢~ with the basic definition in the code. whiCh ~s tmke our restaurant, rfvou don't have a restaurant, you don't have a take out restaurant. ~at's what we kava here. why the BD has been consistent and acc~ate in their inteMre:at~on. V/e'K ge on t~e next because ~f I have to ar~ae tb(s aH over again at a secondaw 5eahng, ~'~1 come in with add2tior:M papemvork, but you have my armaments here. And_ 2: ~aFhcuh~_ ~n the ~90's. I be~eve, tine code was revised. It was ro address the applications that were coming Ch, Wer. dy's and McDonMds. And that was t~_e target, they couldn't, they wanted ro avoid equal protection problems by t~gedng just those Eanchises. But. for the most par:. that was the tM~e out restaurant. Again. restam*mnt is what was focused on. The third pMnt ~s the fact that we need HeMth Depa~_ent (HDk But we know that. we made mn application_ ~d the HD is about ~-8 weeks beBind M just processing ~ntakes. So. we have an appi~cation 2~ere. mud 2t w(!1 be reviewed ~n dna course. access ~s ce~;MnIy something that we m*e ruing yew hard to address. Jc}xn's road, they q~eshon whether we had }egal ~ght. Weik; gave th~ a copy ora deed. ;t ciear}y stated that we b. ad ROW. It Kspears both ~n my cI~enfs title, rt comes.; gave a copy cf the deed. ; thi~k ~t's jus~ intendonal!y ruing nor to read ~age to ;mpiy that we don't kava a ROW. We lzave a ROW. Mr. Luniewsk~ was here. fo~unateiy, and he's 2n a~eemenr, he's ~he owner, and he bas no 112 May 15, 2003 $outhold Town Board of Appeals Regul~ar Meeting PnblJc Hearing objection to the proposed improvements. The issue of the access of, onto, excuse me, let me make sure, the access offofthe ROW. That's ~ old road. There are ce~lain homes &at ~e ~2ere. t don't ~ow, to be precise, how m~y, I don't w~t to question whether it's 7 or 4, you know, 7 residences and 4 yacht lots. It doesn't look that m~y, but we c~ look into that more care~Ily. Nonetheless, it's ~ existing road. ~d we have a fi~t over it. And I m~es sense to use it, to mitigate some or,ne traffic patterns that ~e created ~ou~ a commercial use. CHAIRWOMAN: Let me underst~d some~ing. Access to the p~king lot to ~e re~ then is proposed via Jo~'s Road7 MS. MOO~: We have a pl~ that has a one-way in,ess, e~ess. ~e choice is up to, if the PB wmqted to be help~l, they would look at this plm~ and say, "~ven our expe~ise, we believe that you should go in t~ou~ Jobm's Road, ~d go out t~ou~ the access on t~s prope~'. ~at is one suggestion ~at was a possibility that we had intem~ly. That could be the Wa~c flow. Could it go the other way2 And I've spok~ to two nei~bors now that say, you ~ow it seems that ~eir expeNence li~ng on ~at road, ~at they ~ou~t it wo~d m~e more sense to come in on the prope~ ~ou~ the access of~e prope~, on the prope~y itself, ~d go out Jo~'s Road. My client is menable to either ~affic pa~em. It's re~ly a questio~ of site pl~. And mafoe ~e DOT may tell us wNch they ~ is Lhe more appropriate t~ou~ their engineering. So we ~e providing the access, the best possible access, given the na~e of the size of~e prope~. Let's see, the access onto Rt. 25 is, I'm so~ the 34' wide ROW, I thi~ it's 35', but more or less, we ~e willing to improve the 15' or more, whatever is appropriate, to get Jo~'s Road to a ce~ain level of access and specifications. ~en we get into some of the tec~icaI issues. One point they make is the proposed non-confo~ing building setbacks will preclude patrons for parking in ~ont of the building, and eliminate any use of patron p~king on the prope~y along the ROW. We have no problem, we will put silage. The reason we have got as much p~king in the back as we do, is we want to m~e our customers be comfo~able to come in and find it inconvenient to park an~here else. The layout of the building fi~t now, takes all pedestfi~ traffic, ail the traffic ~om the parking area into the building right ~om the entrance on the side. We are, I don't think you have a door on the ~ont. No, there is no door on the front of the building. And it's possible we'll have some fencing along Jo~'s Road. So if ~ybody p~ks on Main Road, they ~e going to have to walk all the way dow~ the driveway to come in. Or if ~ey p~k on Jo~n's Road, they are going to have to walk either to the ~ont, or all the way in the back, it's going to be vew inconvenient. You are only going to do it once, ~d find out that's it's better to p~k in the parking lot th~ it is to park an~here else. And that's ali you can ask whereas to train your clientele ~d teach them that the way you set it up is the best way. MEMBER GOEHR~GER: Lydia, excuse us, George has got to leave. CHAIRWOMAN: We are going to have to take a break for 2 seconds. Going back to the AT&T wireless application. Evewbody comfo~able with what we heard today on the entire file ~d preseutation? Okay George, I'll second ~at motion. Mr. Homing, have a wonder~l trip back on the fe~, and ! wish we were all going with you. Page t12 of MEMBER GOEHR~G2R: ICa going to rain tomo=ow. CHAIRWOMAN: Wei:~ we could flyback toni~ai. ~m~k y~a. George. Fm so, to inie~ap~~ you? MS. MOORE: Do you w~t me to continue? CHARWOMAN: Okay. MS. MOORE: We're going to get m some of the issues with respec~ to the site nlmz. ~ey mmke a point that the access off of, Fm so~. They m~e a point that wilh respect to ffq_e access or.t of Hess gas siafion, and tire fact they ~e m~ing a ch~ge of zone application, somehow imnacts ~. [ thin& quite the con~s~. Iff in fact. there's a change of zone application ~hat they consxder a Hess, a ch,.ge 'm the Hess site nlmn. it would be the oppo~ane time to co=oct ~aat was obv{ously not considered. Because we have ~d have had a road cut on *iris prope~, i xmean iCs there now~ you can see it. It's a pre-existing c~b cut. If Hess is a problem, deal with Hess. We have a ce~ain s~ze proner:y, we c~_ t move ~t run,here else. And we have a pre-existing c~b cut. [ hope thai Hess does come in ~d get sil pism re~ew so fizat they cmn address some of the tra~c cir~alation ~at is from Hess gas station. Now as fg as the p~king and fne aisle w:~d~. ~is made me ~ becmase ~he aisle widffn supposedly has to be 22' {n size. CHAIRWOMAN: ~e a~sle width in parking? MS. MOORE: Tae aisle wid+~ is the distm~ce ihai is when a c~ backs out. ther&s a concern in the code. and les codified~ that when you back out you have suffic:~ent, you have 22L So ther&s room for ~other car. So it doesn't get hit obviously when you m~e backing out. We have abilities to provide for a 22' aisle width if we just merely push the parking area closer to property line. And we left g buffer ~ea that could be vegetated. But given the desi~ offo~m's road, you could pm up a fence. ~d actually h would be better because it blocks the light even for car v~rftcles, excuse me. vehicle tighls. It might work with a nice. you know. it doesn't have ~o be a tail fence. 4' hi~ fence, something just to block the li~tt from the vehicle. And we can push as close to the property line as you or the PB would like us to go. That is to comply with a 22' aisle width. There is a second pm~a~aph under that smme provision. And what i did is attached it as exhibit C to the dccumems, And it says "unless reduced for s 60 de~ee angle p~kmg, in which case the aisle space should be not less than 16' wide". Well. a~.i it is. is we have a 1-way access. Ail we have to do is tangle the parking in whichever direcffon the town decides we should go. whether it's through Jo~/s or through the Main Road. !'it set the p~king on an ~g!e and you've got more than 16'. You've got 22 probably if not somewhere inbetween. So we could meet the code again if there was an effm~ here 'm assist fixe applicant in providing a good site pl~, not to obstruct the development of the prope~xy. And Fm not directin~ lh~s to B~-~o. because B~uo and I get along really well. And this has nofining to do wifi~ him personalIy. So... CHAIRWOMAN: Okay. You were kind of focusing on dCm site nI~ issues. Southold Town Board of Appeals Regul~r Meeting ?uh~c Hearing MS. MOORE: Site plan issues, yes. CHAIRWOMAN: And that's fine. I would like to go over the variance issues. MS. MOORE: The area variance? CHAIRWOMAN: Yes, the variance issues. Let's take them one by one. MS. MOORE: Well, we've got... CHA~[RWOMAN: There's some confusion between the board members and myself, so let's get right to that. MS. MOORE: Let's get to the questions, then... CHAIRWOMAN: Pardon me? MS. MOORE: Did you want to ask me specific questions? CHAIRWOMAN: Yes. As far as the second use on the property? MS. MOORE: What we are dohrg here is, and I attached, again, that the pre-CO that was attached for multiple reasons of the zoning, but also to establish that we have a mixed use here. It's been, prior to zoning, it's been both residential and commercial use. The trailer is phmarily a residential use. And what we have tried to do is to make one for privacy so you don't have the commercial and residential so close together. You move the same square footage, and the square footage was like 3, I'm sorry, 407, I think it was. Whatever the square footage of the tra/ler, 360, pardon me, 360. We move the 360 sq. ft. from the trailer, and just put it onto the 2nd story of the building. Sowe'renot changing, we'renot adding uses. We are merely relocating the uses, which the board has, on numerous occasions, looked at and considered given the circumstances and appropriateness. CHAIRWOMAN: Why not just have it as an accessory apartment? MS. MOORE: Well, because for one, it's a permitted existing use. So, an accessory apartment I think is a special permit, right Al? In this zoning district? I think it might be. Offthe top of my head, I'd have to look. But the accessory apartment law has, has some caveats and conditions to it. CHAIRWOMAN: Minimum size. MS. MOORE: Yes, minimum size. Now, we have no problem enlarging the apartment to meet the minimum size requirements. But we were trying to do a like kind exchange, a like for like. Taking {~e same square footage wieout an increase~ because we theu~t maybe we could persuade the BD that, pu know~ weYe no~ ~x~easmg the s~ze of fha noncon~o~ing~ ~xerefare just moving ~t But s~ce we were here ~n~ay, ~hey preyer ~o include 2 a~ ~r eno. BOARD SHC~TARY: Excuse me~ Gore's no speda} excepEor to that ~n~? MS. ~OORE: No. n% no~ no. She asked me the q~:es~em why wou}dr2t we ~e k as accesso~ apmmenr. We acm~}v wa!to& we wafted to res~lem~t net2 ~he Toga Board gseu{ ~he accessory apm~ent law. Becsase r~:ey had a FS~Hc heahng on i2 {hey theu~t aborn ~{. But because of the master p~an, the study that's gdng en~ ~hey di&a't w~ ta approve separate and d~st~nct ~em the p~m~ng study that's being unde~en~ CHAIRWOMAN: } fueu~{ it was approved. MS. MOORE: Ne. ~t didn'~ get approved. Yoga 5ave ~ accesse~ apa~ent law ex thebeoks. No_ 7 meca ~ know~ for s,se. 5~ was tabled. Because I w~{ed {o see ~ithey approved ~{ tlaa~ r was gdng to come ff~te ~he BD. ~ey had ne proMem wkh ~{. But beesase 2 wasn~: appreved~ CHAIRWOMAN: A couple o£things~ as far as K~e second use on '~he prope~*ty, you're looking for a quick pro quo. AP_d what Fm saying is you kava a couple of ophons in hm~dl!ng that You sam hap~d]e thzi[ as an area v~iance re {ne area of speda~ excep2on, in {ha¢ you 450L what's the minima requirement? ~ don~t ~ow. MS. MOORE: 450' is the m~nimum. ~at Fm sa~ng is there is no sped~l pe~it ~bere is need for ~ appNcahon if you have a pre-existing non-confo~ing. The use itself~s... CHAIRWOMAN: Those are a couple or,he opt~ons. MS. MOORE: Sure. ~fwe did not P~ave a pre-existing non-conforming, we could have made an appHcahon separa*e and d~stinct Pretend that the mixed use wasn~ fi~ere. We could have come ~n on a spatial exception application for an accessou apa~enr. Did I answer your question. then? CHAIRWOMAN: Yes. I understand. The ot~er thing is we do 5ave the maps ~ha{ you had presented, you know. ~he origins} su~ey. What is yew difhcuFr {o see ~hou~x. because i have ~hese Httle maps. These little blueprints. Excuse me. the little 8 ~A x i i map% showing the proposed constmctfon and the existing construction_ but it's kind of roug~ ~o see ~hat in. [ know on the engineers whetber on the su~ey. The su~ey does not show us wha?s existing, l w~sh we could lust see somethfng that shows us... MS. MOCRE: I mf~t be able to explein fi veu sxmply because it is very simple here. You have. exfstfng, along the front property !fne. i5.2. If you add the 8._ or the. Pm so~y~ ?~ge }15 of ~3~ May 25; 2063 Southo~d Town Board of Appeals Regular Meet~g ?ubS& Hearing looking at it upside down. 6.8, that jog behind the front, there's like a front box, then there's a middle box, then a side box. The front, what they did is, for purposes of, they said for purposes of, they s~fid, well, ifX have to come in for a variance, why don't I square it off and just square off where the existing front box is 15, we're asking for 22.2. It's the, tell me if I'm right, 6.8 plus 15.2, what's that add up to.'? 22 something, CHAIRWOMAN: ~ have 9.7 and 12.5 on this plan. MS. MOORE: Which plan are you looking at? Because Fm looking at the architect original. I'm sorry, I just didn't have the other one open. Okay, 12.5 was the existing Q section, right? CHAIRWOMAN: Correct. Then you're showing a new section that is 9.7. MS. MOORE: Right, right, what they did is they boxed in the 6.8. These numbers don't match What it is, ~ have an architect that did Christopher Stress. I don't know if it's accurate. I'm going to stick to the one that we know, Mr. Pike... CHAIRWOMAN: The one, the architects the 8 ½ x 11, architects plans are showing... MS. MOORE: Right. That's the one I have in front of me. CHAIRWOMAN: It's showing a new section that measures 9,7x12.6. MS. MOORE: Correct. That would be a squaring off of the front of the building. CHAIRWOMAN: That also brings you closer to the front yard. Because you're doing that. MS. MOORE: Because the building is on an angle. That's the only addition to the structure itself, but then the stairway to the second floor, the architect recommended an exterior staircase because you have a kitchen in the building. You want to try to keep a separate and clear access pass, that's why the stairway goes and it pushes all the way to 1' off the property line, because , nd it s just the stairway, an exterior stairway to the 2 floor. And the exterior staircase actually does not show on the plan by Mr. Pike. It's shown by the surveyor. And what it docs is the stairway just, the 3.4, it's 3', the stairway is Y. The 3' stairway with a platform up at the top so it gives the chance for the door opening out and clearance for the open door. CHAIRWOMAN: Let me ask you a question on ail the proposed additions, why not put everything to the back. Why encroach on the 5 which are practically at 0 lot lines and in toward the road? MS. MOORE: Well, to begin with the kitchen is in the back. And we can't m/x, we have to segregate the kitchen with fire-rated materials around it. So the way that this has been designed is the retail portion is in the front, and that kind of pushes, kind of forces the situation a bit because it makes the retail area, try/ng to square off the retail area. To make it, because it's a Page 126 of 13~7, ve~ smMl 5Mld~ng. Obviously ifs a ve~ sraM! ~sui!ding. ~a¢ we t~zougff% ~ memn we did to thir~ on o~z feet as far as how we could improve upon this. And ii~e reason we have existing setback ~o ¢!~e ~ont is because we ~e ~uing ~o tTre ~:he pre-existing sit, craze exp~:ding upon ~hat. ~d that's what creams the gearer encroacimmem m the ~on¢. I asked my clim~l, even thou~ it's. woMd cost more ~n cons~cbon. Could we move the building back some? We some 5~ ce~Mn]y ]ess th~ 10'~ but we ce~ain]y have 5k We coMd push the building back 5k but it would require your kMd off as Mtema~e reiiefi because the variance: you know. we've gm existing setbacks. CHAIRWOMAN: Let's get ~o another point. ~en ~ went down and ~ooked a* the build~ng~ md Fm defnitely no on,neet, ii reafly does look like it does need a lot of work. ~d szmc¢~ly, ~ have m say ~ha¢ if~i was my own house, or ifI was thi~dng of buying i% t would have ~ro. I woMd w~ ~o ge: mn engineers codification that ~ce ex~sfing s~crare could supg MS. MOORE: Web~ we have tine architect hinge. Yotz're, you're CHAIRWOMAN: Fm 'ruling about en~neer's ce~ificafiom Becm~se wiza/l don't w~2 to see h~e, mhd wha~ the board doesn't wmnt ¢0 see here. is consh~acfion going on. and ol~ my gosh~ iook~ Ws not s~acmrsJly so'and down to the foundation. Oh gee~ we have om' fooip~nt~ and zips gobng uF again. It's not. Period. So. a couple of things, ideas, it's a you rou~x spoz. It's a yep/ ~ou~n spo:. IFs ve~ sma]k I ~ix~ eveuone would like to see i! improve& 2's fi~z on road. How do we gei ii offKne road2 F~rs¢ of Mk we can ~uock offthat i2' existing seetior_. The first ~ning ~o do. ~.d i'm veu serious, [~e first ~hing to do is ge': en~neers c~]fica¢ion tha~ the exisfing srmc~e, the inte~bty of the eMsting s~cmre zs strong enough to support a second floor. That's the first thing ~ want ro say. MS. MOORE: Right. It's esseniiM~y going to be renovated. So ¢c the exren~ tha~ {t needs foundat]cn work. It needs add{fiona] stzmcmra] suppress, ii needs~ you know. fire rated malefiais around the kitchen. So you're going ro see~ to the exzem that you ke~ the walls up. there's going ¢o be a ~oi of consi~action ~o bolster eve~:hing ths~s there. So it's zmz going ~co be bulldozer te~ down. But it is going to be the way ~hat we presexwe pre-existing setbacks here is ¢0 retain, to Eno exiem you car_. with stmcmrM elements ~o add to the existing walk And we are definitely.. CHAIRWOMAN: Tha?s what I'm saying, we're not going ro [~rese~e a pre-ex~sfing seGack because right now. you need a vsfi~ce for iL Ri~r now ~her&s a lot of concern abou~ the [ocsrion in tez~s of long re~ pla~ing, m re~s of the FB You said it yoursdfi [*'s going m be a long hoe. So rather than ~uing to prese~e the exis*lng seiback, why not thi~< about moving ~he whole d~ thing back? You know a ~ot ofth~r work is going ~o come down. Yon ~ow a o~ the stracture is going ro come down. So let's talk aboui that MS. MOORE: Taat's fine. We can talk abotm lel me shew you a different, we looked at we looked ar s rec'rangd]~ pi~. And I have ir just as a working drawing becmdse ifs Page ~[7 of May ~5~ 26~3 Southo~d Town Board of Appeals Regular Meet~g Public Hear~g CHAIRWOMAN: No, this is the time to do it. Tiffs is the time to... MS. MOORE: That's why we are here. We are here for that reason as well. CHAIRWOMAN: The board secretary, having a better memory than me on something, the local law with respect to apparent apartments, accessory apartments has been adopted. BOARD SECRETARY: It was adopted on May 6th and it was certified to us on resolution number 277 of the Town Board. MS. MOORE: Accessory apartment law? BOARD SECRETARY: Yes. For the B zone. MS. MOORE: Oh, got that far back on the table. Okay, sorry, that's good. We still have, it's still the same conditions here because... BOARD SECRETARY: There are different conditions. It's a little different. MS. MOORE: Can I get a copy of that? BOARD SECRETARY: It is also with the Town Clerk's office. MS. MOORE: It doesn't change the fact that we hazve a pre-existing here. So, is it as of right? Or is it by special permit? BOARD SECRETARY: Subject to conditions and BD review. MS. MOORE: Okay, but it's not a special permit. BOARD SECRETARY: It's not a special permit. MS. MOORE: I knew that was coming in, that it was an improvement on what was there. So okay. BOARD SECRETARY: But it also says it can't be more than 40% of the principal building. So there are other limitations on it. CHAIRWOMAN: Well you can review that. MS. MOORE: Yes, I'll, I'll look at that. Okay. What we have is Young & Young trying to come up with a~ altemative here that takes kind of the same square footage, but in this instance, obviously, we have not pushed the building back. We could. We agreed that it was not a problem. We didn't want to push, I mean you have Hess right there. You've got Hess's sign. ~age 118 of 13~,' Y~a~ve got ~e best place for the parring is the back. Wouldn't Nu a~ee? You woid;lk want ~o have Mi the p~ldng in the ~o~. I~s ~us/. the t-aff~c circulation makes sense ~o have ~he p~Fmg the way k is e!e~her we demolish mhd rebuild, zither way. But ce~Mn[y~ we could push tko bM[ding back. CHARWOMAN: You could push the building back, gm ~xce~orale that into, se that ifs net so dose ~om {ne prepes~ line. !r_s~ead of {~xg to have tee building... MS. MOORE: -Well we were kh~d of hamstring, l a~ee we were ~am_siPang by ilae fact thal {Ee pre-existing snqcrare is where ~ is. but there :.s sii[[ a race,it[on of CHARWOMAN: Fs reco~eized~ bui se what? MS. MOORE: Well .. CHAIRWOMAN: in prac~[cM m~s... MS. MOORE: We!! pui ii this way.. CHARWOMAN: [:: praci[cM te~s if you cank gm approvMs for it or ifye~ke gar approvMs for it. ~ exp~sien in K~e existiug foolpMnt.. MS. MOORE: We[[ we ~ to be reasenaNe as well Ce~!Mnly business zoz~ing requires iOO' setback. CHAIRWOMAN [ don'~ ihink you're going ~o make k MS. MOORE: No. we wouldn'i do that ~pay. it wouMn't make sense. You'd be cu~ing the property h~ hMf and the psking woMd be bisected. You also have provision that is applicaNe here. a~:d you have a ~ont y~{d setback of 35L So thai's... CHAIRWOMAN: What's the nearest seibadr on the, you have Hess on_ what's ~%e nearest on tlne east? MS. MOORE: East? On the other side of John's road i~ a house, the brown house wiih a s%M~'ay that goes np '{c the second 5ocr. The owner is righi here as a maR-er of fact CHAIRWOMAN: What's the setback on lha~? MS. MOORE: How far are you P:om the road? ROBERT MILLER: Front edge? 120 May 159 2093 Southold Tow~ Board of Appeals Regular Meeting Public Hearing MS. MOORE: Yes, it's pretty far back. Yes, it's vew f~ back. But yo~ prope~ is ve~ big. BOARD SECRETARY: I c~'t he~, ~d we don't have a nme. MS. MOORE: So~. LUCK MILLER: My nmme is Luck Miller. MS. MOORE: Luck Miller is the o~er of the brown house. BOA~ SECRETLY: W~at was yo~ ~swer? MS. MOORE: It's yew f~ back. MS. MILLER: 40? MS. MOORE: It's more th~ that. No, it's at least 60' back. BOA~ SECRETARY: So~, I di~'t w~t to forget you either. What's your nme, please? ROBERT MILLER: Oh, t'm Robe2. CHAIRWOMAN: I t~ what we re~ly need to think about here is creating a building envelope. Not how c~ we tack on to something that, quite ~kly, unless yon c~ prove it to me t~ou~ an engineers repo~ that says we're not going down to eveu wail, or let's look at a building envelope that's going to give a ve~ reasonable setback ~om 25. Wipe out that angle ~at creates the 2' setback. MS. MOORE: Well, to a ce~ain extent, because it should parallel the Main Road. I mean visu~ly... CHAIRWOMAN: Pat, some of the most beauti~I desired buildings, ~chitects ~e ve~ ~eative. MS. MOORE: I agee. CHAIRWOMAN: Let's look at that. It looks like a long-range Plan that will be workable, ~d won't severely impact traffic, or the neighbors, or something else. MS. MOORE: Okay. Well... CHAIRWOMAN: That's pretty much where I'm coming Page 120 of 13~ MS. MOORE: We will lis'~en to whatever reco~endations, again, I'm ~astrated because tko Piaming D~m~ent could be so heb~l l~ere~ And they're r~o~. ::o offense, Bruno. Yozxug & Yoking ~s a you good en~nee~ng fi:~. ~ey have come u? w~¢~ [ !hi~ a site :lma tl~at looks good. The placement of~e buiId[ng obviously is up ~o us. ~nd we have room m oush It's a~ least 20'. I il~&mk If I'm read~ng *he, [f24 is the wid~ of ~52s. ~lba?s got ro be at ]eas~ 20. So. nor push~ng it back ~o the first pm-king CHAIRWOMAN: If you look e~ the s~ace. ! don't have srcle: wi. th me but ~ :h~ you c~ come back ~o get a se*~ack on tbs2 ~ropeny of at least MS. MOO~: You're going to e~minate p~king. You don't wan! to do CHAL~WOMAN Tmke a look at where~ I do~:'t have a scale w~5~ he. I Msh ~ had. MS. MOORE: ~a~'s w~, no, I was !ooking: look at :~.e size. tee wl~& of the b~Id~ng ~s 24. you jusL.. CHAIRWOMAN: Look b~ind fiqe bthlding. Direci]y behind ~e buhding. O:z tlne new Chat you just showed me. MS. MOORE: Yes_ ~t has a h~nd~capped p~mg s~ace there. CHAIRWOMAN: ~at' s qu~te a distmnce back. MS. MOORE: Ri~t. ah~d that meas~.remen~ ~s ~bou¢ 20'. Tk~at's whs~t I'm say. ng~ CHAIRWOMAN: Is that what you're saying? MS. MOORE: Yes, that's what i'm sayk~g. And we have no problem pushing it back as zTar as possible so we still retaln that p~ldng space that should be close ~o the bui[dhTg an~ay. the area we could push back. CHAIRWOMAN: And the ~ark~ng spaces hhat you are showing would be for retahL or restaurant, or under wha1? MS. MOORE: P~don meg Ws retail [ memn you see the inside, the Iayo,at of the un~t. a restaurant. Tha~'s. no. we could work out that. Now do we. well we'll talk to Pinioning aboul maybe h's apprcp~are to put parking ~n the fi'onl so thai people on the Ma~n Road don't kBow. CHAIRWOMAN: fe~, do you have any thou~ts on this? Yoga and ~ are usually on the same page on slmf~' Iike that. ~22 May ~5~ 20~)3 Snutho~d Tow~ Board of Appeals Regular Meeting Pub]~ic Hearing MEMBER GOEHRINGER: No I actually want to study the idea of another building. But I have big problems with the use of John's Road as either ingress or egress. I'd like to see you use the same existing driveway as ingress and egress, and push the building over as c~ose to possible. If it's utilized at all. I.iust think that road impacted is a beck ora problem. But that's my opirfion. MS. MOORE: Wewouldob¼ouslymSpectfulIydisagreethatone-waytra£f~cmightworkbest here. MEMBER GOEHRINGER: I couldn't agree with you more, but the availability of that driveway... MS. MOORE: What driveway, I'm sorry. MEMBER GOEHRINGER: Johns Road. I suggest it onlybe used for emergence access for particular reasons. Similar to what we did with McDonalds. MS. MOORE: What? No, the use of Johns Road was crucial to the purchase ofth/s property. Without the easement, they wouldn't have bought this property. Because they knew thai circulation is important to have it the way it's been designed. Plus also their agreement to improve Johns Road is to use Johns Road. If you're only going to use it for emergency access, well, one it's going to create a problem because people aren't going to realize it's just for emergency access. And secondly, you know, you're not going to improve a road to be used as a primary access just for emergency vehicles. That's just not reasonable to expect of anyone. Plus you'd have to have a circulation. A turning, turning with inside the property that is going to just create traffic problems inside the property as well. Let me go into what this, because maybe we're getting an idea of what the use is here that's going to be much more intensive than, respectfully, to my client, which they'll actually have. They have, they have, their idea, their dream child here is to do something like Citerella's or a very high end, very, I'm not going to say limited in it's menu, because it's a very diverse menu. But it's not standard fare. And what I asked them to do, and they did a beautiful job of a menu. Now this menu has everything they could possibly make, obviously. So on a pmnticular day, they'll have a selection of items from this menu. But when you look at this, you will see that it is not, not Wayside Market, it's not Grateful Deli, it's not Apple Tree, whatever deli. It's very exclusive. It's very different. They think there is a need for it in Southold. Obviously they wouldn't invest... MEMBER GOEHR1NGER: Okay, you've got to give that to Linda. MS. MOORE: I'm sorry, I didn't give you enough. I only have a few. I think what we are visualizing is much more traffic than what I think would actually be at the site. CHAIRWOMAN: How many seas were you planning? Page 122 of~36 So~heict Town Board o~ Appeals MS~ MOORE: Pardon me~ C~A~RWOMAN: Hew m~y sears were you MS, MOORE: Seasg T~ere are nc seats, C¢~nter_ a ccup~e~ Eke ~ or 5. ceumer~ ~aybe Eke stoo~s. Maf~e ifth~e's C~AIRWOMAN: We were tal~ng about ~fwe were to do someLhing similar lo w~at we wit~ Dicke;soa~ w~ch was to c~eae a. say ~ere~s the prope~y~ and lefts look at a ;easonable build~r_g envelope on the prope~y. Beck, se there's a possibiH~:y that E~e whole building may be there~ or whaev~. MEMBER ORLANDO: Relocation. CHARWOMAN: So~ we're/~ki~g abouL.. MS. MOORE: ~ gave yon a pt~ thai Ycu~g & Young prepaed, MEMBER ORLANDO: T~e rectangle, MS. MOORE: Fm so~ I didn~ ~ow... MEMBER ORLANDO: But the remaagle's kind of just boxing cfr ~e wkole ~hing existing. We already ad&essed t~at. ~S. MOORE: No~ no. ~o. T~<ing that let's assume we t~e t~at or some~k~ng close to k~ yes~ s~ra~ghten and push back. T~ere ~s aboui 20' of ~een area behind ~e building that ~s before you get ro t~e Eand~capped p~k~ng space t~at gives us room ~o push back. Tkat wo~ld ceaainly a lot of sense, MEMBER ORLANDO: ~al is hke'minim~m width of the aspEak d~veway? MS. MOORE: Which side. I'm so~. MEMBER ORLANDO: Wes~ side. MS. MOORE: Well we have Note. k vanes, ~ mean. you Eave. i-om ~he ramp... MEMBER ORLANDO: Is IO' tko minimum recuked? MS. ~OORE: For a d~veway? ~EMBER ORLANDO: On that s~de of the buildi~g. Page 223 of ~3~.. 324 May 15~ 2003 Sou~hold Tow~ Board of Appeals MS. MOORE: I don't know ifthere is a minimum to be honest. Wehave 12, it's a variance from 13, almost 14 to 12 to 14.6. CHAIRWOMAN: But that's what's existing. That's not to the property line. In other words, to the property line... MS. MOORE: I'm sorry. I misunderstood you. There might be a few feet more to go fight to the property line. Yes, i£you straighten it out and you blacktop hght to the property line. You could actually squeeze a lot more out of it. CHAIRWOMAN: You can also turn that around. MS. MOORE: Turn wl~.at around, I'm sorry. Yes, straighten the building. CHAIRWOMAN: Yes. MEMBER ORLANDO: Because now when the person comes down the sta/rs, they don't trespass off, I mean you come down those stairs basically on the ROW. MEMBER GOEHRINGER: The stairs should be in the back of the building. MS. MOORE: We tried that, but it's right where the kitchen is. And you can't pnt egress foran apartment over a kitchen. MEMBER GOEHRINGER: Then put it internally into the building. MS. MOORE: That's a consideration, sure. CHAIRWOMAN: Okay, what I think we'd like to do then is to look at some other plans. Get the engineers report... MS. MOORE: What engineers report? CHAIRWOMAN: The engineers certification so that we all know what's there and what's coming down. MS. MOORE: We'll concede that we'll take it down and build back. I don't want to waste their time or money on getting reports when we will orally amend our application to rebuild in an area within the original footprint, but pushed back. CHAIRWOMAN: Let's start from this. Let's really think about getting this as far back from Rt. 25 as possible. That's the first priority. Look at, think about this in terms of it being a brand new, virgin piece of property. And here's what you want to do. And here's what we can do that Page ~24 of ~3~... May 159 20@3 w~ll work in the nei~borhood ~hat will respect the setbacks, t~_e ~,ideHnes. the concerns of tI~e nm~bors, concerns of the PB. ~d look ~n ~:hat d~recgon. Does that sound reasonable? MS. MOORE: lf5 knew, yes, Fll work an ~t. But we'd like to kee?. X tlt~p&. ~he p=king ~.d ~he iayoul the way ~t is. Because. agmn. 2's a you na~ow pr% er, y. And Yor~g & -~oung took awfc~ !ong time to squeeze what they got here. Could we sush the asphalt over? If you don': have curbing on the asph~t, you could go ~zt to ihe prope~y Iine. Or maybe even c~e up the prope~y Hne. You have Hess that's kind of sloppy over there an~ay. So we couid i~ke 2he asph~t... CHA[RWOMAN: ~t k~nd or'ocs. ~s what it does. Tne p~king lot is l~ke this. MS. MOORE: Yes. there's a gade change, ~t. CHARWOMAN: ~nd then th~s MS. MOORE: So we m~t acimally have a small retainlng, it's really a ~arb. pm~ial retdnhng wail cu~e 1ha: goes alor_g yo-~ prop~ line that opens up ~:e access as much as we c~.. Aiso s~a2~ten2ng cut the building to a ce~a~n extent will exemnd thal ~ea. the entrance by~ ceffrahnly, ~ th2ph~, a good fbot. W&ii [ook at the stah~ay, oHm!no'ring i¢ as ~ exterior sraircase~ okay. CHAIRWOMAN: ~at's shown on the ROW now. on the JoI~ms Road? rs that the accel way it appe~s on the... MS. MOORE: Yes. CHAIRWOMAN: It is. [~'s in~e~Iar like this? MS. MOORE: P~don me~ CHAIRWOMAN: ~t's i~e~a!ar shaped? MS. MOORE: Yup. h k~nd of meanders back amd fo~1n because there ~re some 'trees. So thai, you ~ow_ we asked Corazzln~ tc improve ~ 5'. blacktop ~ 5' CHAIRWOMAN: ~at's the total w~dth of the ROW? MS. MOORE: 35. I th~nk. CHAIRWOMAN: And when they improve the ROW. are ~hey 5reproving i*? Are they goh~g xmprove it in the middle of the ROW to one s~de of the property line. ever? [s thai someih2ng that's been dlscussed? MEMBER ORLANDO: The real prope~y Hne east. probably. ~26 May 159 20@3 Sou~hold Town Board of Appeals Regnlar Meeting ~bllc Hearing MS. MOORE: Yes, ~ me~ ffthere's a t~ge tree, ~d you don't want to remove the ~ee. You may w~t re, you ~ow, respect some of the vegetation ~at's ~ere to the extent that ~t gets pushed ~n one d~rection ~other. As long as you're M~hin the 30' ROW, there's flexibility there. Cor~zinl, I rhea, r¢.~.~eat extent, uses k~nd efinm~tion as he goes t~ou~ and paves. We c~ have Young & Young t~ to draw ~t in, but I d~n't want to delay ~t. We will improve it withln ~a~ ~ea mhd we can a~ee that's do~ble c~eck, if we ca~ improve it to a width of 15'. But that's what we're pa~ng for Cor~zin~ to do. S% to tBe extent that ~ere isn't any obstruction on ~e road that would be ~ impediment. CHARWOMAN: ~y don't we g~ve people in ~e audlence a chance to voice ~eir concerns. Is there ~yone in Che audience who would like to spe~ for or against the appl~c~t? F~NK M~LOWS~: My n~e is Frm~ MilowskL I o~ 2 prope~ies on Jo~ Road. Fve Hved there a l~ttle over 35 ye~s. ~d as f~ as the Mdth ~d geeing out on tBat roadway in the su~e~me is quite awesome. The width of that ROW is 25'. And it runs back ~other 100~. And then it opens to 33'. Llke I say~ I've lived Oere over 35 ye~s. Mr. L~ewski, or whatever 5~s nme ~s, claims to, all of a sudden, own th~s. He's bou~t a piece ofproper~ there. He doesn't have a home there. ~ have 2 p~eces ofprope~y, ~d 2 homes there. ~nd I thi~ whatever a deli would do would lmpede, god Grbid my house was on fire, and there's ~a~c ~om the deli hold~ng up ~e emergency vehicles. And basically t~at's it. I den't see how Mr. L~ewski can claim ~e ownership of the ROW, and say "Ws okay, go ~d da what you w~t w~h ~f'. CHAIRWOMAN: We will ask for proof of fee title. MS. MOORE: Flne. CHARWOMAN: We'll ask for proo5 MS. MOORE: You have a su~ey also that the su~eyor actually, he takes a description of the prope~y based on title. So that's why I gave you the su~ey, the Luniewski s~:~ey that ~ncludes the fee t~tle. MR. M[LOWSK[: He's go,a, he'll probably benefit ~om this also with the paving of the road because he bou~t the prope~y. ~e prope~y, from my estimation, is unbuildable, that he purchased. And he also ~ook an excess road 33', wh[ch went to the rear lots, to put his house setting on, so he could pass with the DEC. And his sewer lines would mn on th[s ROW, his wate~ay, or his ~esh water system would be across ~om the 33' ROW, which is, to me, it's taking a lot of advantage of somethlng, I don't ~ow what. So, if you can show me, or ~e attorney can show me how ali of a sudden he oxvns all th~s stuffby buying the las~ lot in the ~ea ~om C~d~nale who couldn't build on it himsel5 And ~e lot's been existing for quite a few ye~s. Page 126 of 13~54 Regular Meeting PnbHc CHAIRWOMAN-: You're talking about his lot, nor... MR. MILOWSK[: Mr. Luniewski's lot yes. CHA~WOM~N: Not the lot in ~uestion. MR. MILOWS~: It's not the lot in quesfion, but the idea is, you leow, he's sa~ing "the ROW is mine". "i don't live t2ere. ~ don't c~e, go ~egd, pave it, do whatever yor. want, you tb_at'!l help me." I've lived there for 35 years. I've done well without having a paved 2'oad. the 2afic is hogendous in the s,~mmehime. So to add to the im*act of the traffic wire a deli being ~nt in my d~veway. And: cehMnly, with these people saying they bou~t that w:hh (:ine idea that they had ~qe ROW also wNch f believe is false. ~at's why the pre{ons o,~er put up a hedge. CHAIRWOMAN: They do have a deed sa~ng they have {2e ~ to use the ROW. We do have that in the file. MR. MILOWSE: Fd like to ~zve ~ look at that, please. CHARWOMAN: You're more th~ welcome, sir. ~ime you want to come rand look, MR. MfLOWSKI: Okay because ~ was just there with some o{qer. [ haven't seen it. ye'o.. CHAIRWOMAN: fs there anyone else7 Yes sir. JOHN SAWfCK[: Ladies and gentlemen, board of appeals. Ms. Moore. lobm~ SawickL ~ own the propeRy ~t across the street fi'om this gentleman's proposed whatever ECs goi:zg to make here. I wish you alt the luck. However. ~ don't see how this man is going ~o su~ive in business. We have so much traffic i~t this little area. It's probably the most congested area in Mattimck. You Mnow, you have one of the main e~ies for the east end. Yon have Boy Avenue. Legion Avenue. You've got ~ b~t on one side. Hess gas on the other side You have my office, which ['ve been there for 35 years. And if there's not an accident a week in the summer, you know_ there's 2. Most ofyonr deli traffic, unless you're going to have a special clientele that comes at not peak hours, are going to be coming ~om the east. And coming ~om the east esly in the morning, coming ~om the west, Al! fi&hr. You're going to have to store make a te7t turn. gei into his olace. JoNzs Road. No matter how he cuts the cake uu fTont and the back_ they still have ro cross t2e road. You're going [o back up ~'rafffc either way. You are going ~ have ¢ec pie coming out of the Ness gas station. You m=e going ?o bave people, Legion Avenue. all over the place. And what his testator, or whatever he's going to have. is going K do. ~s going congest the traffic on the Main Road more and more. Now you can't extend the size of tine road to accommodate him or ~nyone else in ~at area. This is a core bniiding area. And. ~ paess, local peog [e took ~o outsiders to sell something off in hope that they ~e going 2o make a success oat of ft. f wish you well. but Fm telling you it's going to cause more of a major problem the~ we 128 May ~5, 2003 Sonthold To~a Board ~f Appeals Regular Meeting ?uNae Hear~g already have. It's not even s~mer yet, and you c~'t m&e a lea ~ ~y place down thee. t Msh ~m luck. I've seen businesses come ~d go. And mostly they go. So, my concern and my nei~bors concern, yon m~t have a couple ofw~ttes star,cuts, it's not a good ~ing. k might be a ve~ nice thing, the best thing in the world for Matti~ck. But the tocafion, I don't thJ~ Js proper, for the people of Southo~d Town, not just us local people. ~a~ yon ve~ much. CHARWOMAN: ~s thee ~yone in the audience who would like to spe& for or against the applicant? Yes, Bvan~. BRiO SEMON, TO~ S~E PLA~ER: On behalf of the Plying Bo~d, Fm B~no S~on. Fm a Site P~a~er. And I w~t ~o submit something to the ZBA. Good afternoon ZBA. CHAIRWOMAN: ~m~ you yew much. MR. SEMON: ~is is just, ~ was asked by the PB to address the use ora resta~aat, t&e-out. And I realize you ~e going to have a public meeting, so Ws not necess~ to go. MEMBER GOEHR~GER: Could you find out when that's going to happen, B~no? CHAIRWOMAN: Yes, because ~e real tficky ki~d of issue we ~e getting into here is that if there's, you ~ow, ~fwe are going to do an inte~retafion, we have to adve~ise it. So there is no public notice (at th~s time). BOARD SECRETARY: You'll need to submit a fo~, ~d then there's a hearing procedure that follows. CHAIRWOMAN: We will take this from you, but to t&e testimony Eom you, at this point. MR. SEMON: I fi~red it was prema~re. I was requested to come down, so I'm doing that. CHARWOMAN: ~at we would ask is that if, you ~ow, you come down, and just file an application with the bo~d. The minute you file the application, we can get you calendared for a he~ng. MR, SEMON: I'll address that ~omo~ow. CHAIRWOMAN: And what we will do is we'll keep this, and put this as pa~ of the headng record. At which point you c~ come back and testiS. But we have to adve¢ise it. Okay? MR. SEMON: And just on behalf of the board, I think the PB would like to see this prope~y develop. I thi~ ~e concern isjust safety in a general sense, and making sure that what is finally accomplished is something that's going to be long te~ and beneficial to the nei~borhood enviro~ent ~d so fo~h. There's no roadblock on behalfof~e PB. We have an incomplete application. It is going to be incomplete. It could take on some other submitlals if the building Page i28 of 13y~, changes and the site plan ~s submitted, So we c~ renew it. ~d hope~lly come up wiKn some inpuz. CHAIRWOMAN: Maybe thaFs s good direction for you to 2ead in. because ~ thi~ we ~e on Lhe same track that we've tried to creale a building envelop smd flow pa~em ,h~.~ ma¢~s sense. Ralher th~ just sa~ng, there's whaFs there.~e~ *'s ~ ~o tack on. So. ~ tmmk~-' tha~- wou~d-: ~e good. MR. SEMON: !t somnds like a ~eat idea based on what Pat had res'rifled. :. seems 1L<e ~b~e m~o~ty of fine building may l~ave to be t~{en down and rebuik, or s?~actural~y rehabbed. Sc m~es sense lo reconfi~;re it for the best office propemy. Tka~ you. MS. MOORE: i just have a couple more things that I ~av~.'t yet pui on the record. It wiil be suick, Ma/hrack Cnmse~ of Co~erce MCC) looked at this. aha they have a ~ezter of the application. Cs~ I read it or. dc you w~t to? it's ve~ shetc, ds you mind? CHAIRWOMAN: Go ahead. MS. MOORE: I ~ow because not eveuone's ~ad a clnance to hes~ iL Fm writing ibis letter Oenaf o~ Bo~d of Dxrec~ors. MCC. Ms. Gai~ Desamoz~ and~ M~. Mx~.~ea. Racz the nffncinals of ~ ~e ghost to open a hi~-end food estaoltsmment m Matfituck, The busmess tha~ they pla to open is both a needed alit~ and a plus for khe commum~. East End~a has info.ed us that for t~e convenience of their customers they ~e but!dina a p~king lot pl~ning on pavi~g the ROW, Io~m Street, so their customers wit! nave an easy m and ou: ~afffc flow to the Main Road, Their plus also include the redesign of the building's frontage on the Main Road. which is what is needed in that pan of town. As you are weL aw~e of the eyesore directly across the street, East Enders_ Inc. will be hiring local people, enhancmg the local economy, it is the opinion olive Board of Directors of tlhe MCC. that this business would be a ~veicome est~0iis~ent to the hamlet of Maitil~ck and we sincerely hope fha you w~ wor~ t~em to achieve t~eir goal of opening their business. So that was agned by George Solomon President. i'iI put that on the record, I also wanted to ~ve you an idea. the building that they pl~ to propose, and that's why I suggeszed that it would m~e sense pushmg it back a little bit, The srchitec~ desi~ed ~kis. k obviously has ~o go to arckitec~arai rewew, bur they ~e really putting mn enormous amount into this building, so just ~o giw you. here's the !e~ier, CHAIRWOMAN: ifs ve~ nice. MS. MOORE: If is an enormous communky development project for this ares. Yes. and. thai was really ali of our reactions, imagme Fushing it back i 0', you k~ow whaever we can accomplish. Padon me? CHAIRWOMAN: /inandible ~ MS. MOOORE: Well we have only 20. So to the extent we can massage k into there, a~. not losing psxking spaces, that's c~ucial, But pushing it back some, May ~5~ 2003 Southold Town Beard of Appeals Regular Meeting Public Hearing CHAIRWOMAN: Is this the minimum parking spaces that are required, Bruno? MR. S~MON. Excuse me? CHAIRWOMAN: Bruno? MS. MOORE: Does it meet the parking, Bruno? CHAIRWOMAN: The parking spaces that are on this plan, is that what would be required under retail, the retail category they a,-e under now? MR. SEMON: Depending on the configuration, it's going to meet most of the requirements. It's slightly shy, so £aat would have to be a waiver because of Lke accessory apartment, and possibly where housing. So depending on the way the space is configured, it could be under, it may just make it as retail only. Definitely not anywhere near restaurant. MS. MOORE: Right. It's not a restaurant. But for sanitary reasons too, the Health Department (HD), we're not making this a restaurant. So consistent with ali our applications, we are doing it MR. SEMON: Actually, Mr. Orlando, you had asked about a question about access. It's in the Town Code, you need 15' for access. That is the town requirement. MS. MOORE: For the roadway? MR. SEMON: Well, the driveway, this driveway coming in. CHAIRWOMAN: That's the driveway. MEMBER GOEHRINGER: That's ingress or egress. MR. SEMON: Either or, it's minimum access, 15' wide is what's required, so we're shy on that, MS. MOORE: But keep in mind, we have a pre-existing curb cut that doesn't meet it now. CHAIRWOMAN: But what they are showing now doesn't go MEMBER GOEHRINGER: That's ingress and egress? MS. MOORE: One... MEMBER GOEHRINGER: One in or one out? Page ~30 ef~3~ l¥~ay t5. 2©03 MS. MOORE: I5' in or out. it's one way, it's ~ngress, egress. One road. 15'. MEMBER GOEHRFNGER: Let me just ask you, you kmow. Mr. M~lowskL ~s a ~end of ~hne ~n the hack. Fve 2own k~m for 35 ye~s myse!~ okaW ~_d I have to say tha: the oniy way is going to work_ the on]y, physical way this is going to work is if you widen Jokzs road. ~d yo~ move tbJs bu~td~ng ov~ closer to Hess. And you create ~n ~n~ess and e~ess on the mouth of Johns Ro~. You rMse the eleva%ior_ of the prope~ you don't have Kmis downw~d Mope go~r~g in. mad i~:'s %ke o21y way ~t's'gMng ~o work. So that you immedia!e!y make a ~ght int~ Lhehr p~king lot ~om Jobms Road. And you improve the entire s~aat~o2 of what you have. T&~s and ~ on the sine s~mathon ora circui~ motion is degn~tely not going ~c work. It cmn't worK. MS. MOORE: Okay, so yo~ opinion wou!d be to acidly p~ck u¢ the build~ng~ move it towards Hess~ a 15~21e bit beck. not 1oo much. Take the p~f~ng ~ea. m~e ~t merge m tko Road access. MEMBER GOEHR~GER: As only s~ng!e, a~er... MS. MOORE: Pm~dng, wk~e does your p~king, your p~k~ng goes in. You come ~n Jo~s Road... MEMBER GOEHR~GER: You m~e an immediate ~ght in back of the bMldhng, ~d you go into thdr parking lot. That's ~he Cnly way k coMd wo~c At the ehd or,hat, a~ the end prope~y, a si~ has ro be posted that this ~s p~vaze proper~y, ~d that no one is to go any father th~a this. Because regardless of who owns ir. ifs a housing deve!opmenr. Okay, it doesn'l house businesses. And that's the situation. MS. MOORE: Why don~t you draw ~t right here? MEMBER GOEHR~GER: No. no_ no. Tke PB is ~r:ac}q better versed ~n dogng tha% and aii kinds of ~rouble in doing these tk~ngs. MEMBER ORLANDO: ~s Jo~s Road a *~va~e road? MS. MOORE: Yes. MS. MOORE: 7t's p~vate!y owned. MEMBER ORLANDO: Do you have to dedicate tk~Z road if you 2reprove i~ like tkis~ MS. MOORE: No. It remains pgvace. Lun~ewski w~11 own tMe road We kayo ROW. Se to the ex,em our ROW uses, you ~ow. any parr of that. we're a~lowed to. ~n and out of JoFhs Road. Page ~37~ ~'i~ ~3~ 1132 May 115, 2003 Sonthold Town Board of Appeals Regular Meeting Public Hearing MEMBER GOEHRINGER: It would come in and out on Johns Road, they urould go in and out of your parking lot at the same point. It would be an in and out. None of this circular stuff. And the problem we have is we have a very nice lady who's lived there also for 25 or 35 years, so I've kxnown her son for I don't know how long. And the same situation. MS. MOORE: You're essentially reversing, you're reversing the parking, moving, the building could be centered, or where ever because you're eliminating the access on the Main Road. CHAIRWOMAN: But you're accomplishing two things~ You're getting it back, and you're getting it so you don't have to worry about the two accesses. MEMBER GOEHR1NGER: The only problem you have is an impact on the neighbors. CHAIRWOMAN: The real issue here is... MEMBER GOEHRINGER: I've studied this... CHAIRWOMAN: You've got a lot of options. MEMBER GOEHRINGER: Pve studied this access for as long as I've been a f/reperson, and I have to tell you the access is a problem. And that's the problem. MS. MOORE: Okay. MR. SEMON: It's possible with the configuration, just mention that there wilt be additional parking, which would also make more sense by moving it. CHAIRWOMAN: You've come up with some creative ideas. MS. MOORE: I'll give you one of these. You red line it. MS. SEMON: You'll have to come in, and we'll address it. MS. MOORE: Oh we can do it together. CHAIRWOMAN: Yes why don't you do that· MS. MOORE: We just don't want this to be an inordinately long process because unfortunately, not your fault, but the original application was withdrawn and threw us months back. MEMBER GOEHRINGER: Pat, it's ail predicated on the PB filing this interpretation· MS. MOORE: Maybe you withdraw your interpretation request, and we move forward. It's up to you. Page 1132 of lTiay t5~ 2@©3 Southold Town Board of Appe~3s MR. SEMEN: I tSir~ wil5 respec: to acr~raIiy doing the site pl~. a desi~ professicna}, yo'~' desi~ professionM should co~fi~re it and come up witl~ some ideas. And we caz jua do pre~iminm7 stuff. B~ng it in~ real sketchy, prelimina% ~d we can address it f:om thar sint. CHARWOMAN: Okay, sounds good. MS. MOORE: Do we have a t~me 5:ama on this application for i~5~e inteCrelaiion? CHARWOMAN: We really need to get/ha'c application in from you. MR. sEMeN: h's beyond ray control but I'll my best to stm~ it ':oxr_o~ow. CHA~WO~N: Ail you have to do is come down ~d. because it's ~:Ee PB. we'E only c!~ge you double. MS. MO0~: P~at it this way, if they do not get it i~. tlnen you have to proceed witk onr %oplica~ion. and we'Li don'{ see iaow they can come to a dif!kren~ in/emrelaiSon. MS. SEMEN: k would be a good idea to. the PB would prefer it be ~owr: w:~de a~.d ?.a dad wit5 ff~s issue at hand. CHARWOMAN: Okay~ time ff~e w~se. wha~ ~e we looking at here? MS. MOORE: What we are going re try to do> to move this along, Lydia. excuse m~e. What we ~e going m ~ to do is Pike. Mr. Pike is the ~chitect. He could probably take this m~d since we ~e in tlne pre~minaT stages of the la?ur, ds it relatively quickly for us. Beca~.se obviously Young & Young t~es much longer time. So we ca~ work with tiaa confi~m~ation and then give it re Young &Ycung for site plan details, you k~xow, the tweaking that fne PB will then need. CHAIRWOMAN: I ihir~k the problem is that we are no~ going ~o be able to go too much 5atsher with mn~ing until xve get the intessreralio;c Because that has re do with... MS. MOORE: Well t have the BD lhat hasn't given an infecorelation. CHAIRWOMAN: ! understand that. Bu<: unSl the board looks at tlnat, that wiE de~e~i~e t~ae number of parking spaces, co~ec'r. Bane? MS MOORE: Well you'd be ove~uming what the BD has been doing for at least ~ 5 years. CHAIRWOMAN: We're not having a hearing now. MS. MOOR~: No. I m~derstmad that. ~34 May 15, Southo~d Towu Board of Appeals Regular Meeting Pubic Hearing CHAIRWOMAN: We're not having the hearing... MS. MOORE: I understand *hat, but if there's disagreement, th~e's a legislative branch. CHAIRWOMAN: It's late in the day. MS. MOORE: There's a legislative branch. CHAiRWOMAN: We will ask you to get that to us so we can calendar it. MR. SEMON: Certainly, I will ask about it. MS. MOORE: ~ would hope expedite a review for the PB, otherwise I end up waiting 4 months for my hearing. CHAIRWOMAN: Actually since it's going to be the PB application, or ! 5 years. What's a reasonable date to look at for a public hearing, Linda? BOARD SECRETARY: I would say if the PB application is filed tomorrow, we can advertise that ~terrupted) CHAIRWOMAN: As part of this packet? For June? BOARD SECRETARY: No it's a separate application. MS. MOORE: It's a continuation of our hearing. BOARD SECRETARY: Actually, my thought is to get that done first. Because you need to have that finished before you can really respond to this application. CHAIRWOMAN: But we could have the PB's hearing in June, and then... BOARD SECRETARY: July 1st ~t the special meeting. CHAIRWOMAN: grant to carry it to July lst? BOARD SECRETARY: You wouldn't have a determination in writing until July anyway. MS. MOORE: For us, July is not, you know, it's a delay, but it's not too inordinate. CHAIRWOMAN: By July, we wouldn't even have a decision on it. BOARD SECRETARY: July24th we could. Page ~34 of $onthsld Town Be~:d ef Ap~ e~Is CHAIRWOMAN: luly 28~. because by that time we wit! have had tl~e }~eafinS on the intepretatien, and rendered a decision on it. Bul iffs not soin8 to happen before tizat because ~e don't even have an anpiicafion yet from t~em_ to calendar MS. MOORE: We appreciate you t~ng to move it alen~. But let's Fat a !ime ~ame on them. Because if ff_ey don't put it on. tiaen tb_ey cen ask fro: an inte~retafion until they se blue in the face, but we w~t 'co proceed under the BD's an~ysis. !fyou ov~m the BD, that's, we'll deal with that later. CHAIRWOMAN: S~:mo. Fd really appreciam it if you'd come down and get tizat applic~ffon tomo~ow. We go out for legal notices to the paper, Tuesday. We adjo'~ this ~m~fing until July 24t:~ a'r lpm. SEE M~UTES FOR RESOLUTION. (Prepared by Jessica Boger from tape recordings)