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HomeMy WebLinkAboutZBA-04/22/2004 Hearing 1 2 TOWN OF SOUTHCLD ZONING BOARE DF APPEALS COUNTY OP SUPFOLK : STATE DF NEW YORK 3 5 T i WN O F S O U T H D L D 6 ZONING BOARD OF APPEALS 8 Seutheld Town Hall 10 53095 Hain Read Seuthold, New Ycrk 11 April 22, 2004 12 9:30 a.m. 13 Beard Members Present : 14 RUTH OLIVA. Chairweman 15 VINCENT 9RLANDO. Vice 2hairman 16 LYDIA TORTORA Beard Hem~er 17 GERARD P. GOEHRINGER. Beard Hember 18 JAMES DINIZID, Board Member 19 LINDA KOWALSKI, Board Secretary 2O 21 23 24 25 COURT REPORTING AND TRANSCRIPTION SERVICE 631 878-8047 2 1 2 CHAIRWOMAN OLIVA: First public hearing is for Debra V12toroff au 9:30. Unfortunately, we 3 canno~ hear that this m~rnzng because they do nee have the Trustees approval as yen. Sc we'll have 4 ~¢ move that over until May 20th au approximately 1:36 in the afternoon. 5 BOARD MEMBER DRLANDO: Wasn't that going uc be done the next month after we spoke the last 6 time? HS. KOWALSKI: Yes, the Trustees had a meeting last nicht. I knew it's been like SlX months now, right? CHAIRWOMAN OLIVA: It's been on jus~ about almesE a year. 9 MS. KOWALSKI: I need a resolution Dn that. Ruth, make that motion? 10 CHAIRWOMAN OLIVA: Yes. See minuues for resolution. 11 BOAR£ MEMBER 0INIZIO: What are we movzng on? 12 2HAIRWOMAN OLIVA: Victoroff, until May 20th because they don't have Trustees approval. 13 It's all sen with us. He was in yesterday. ................................................ 14 2HAIRWOMAN OLIVA: The next one is Mr. 2ornwell, he lives en West Cove Read in 15 2utchec-ue We pesupened that because the neighbor was nem able Ec visualize what the cencepu was. 16 Hr. Stra~g, do you have anything ue add to that? 17 MR. STRANG: Only that durin~ that posEponement. I have had several conversations 18 with Mr. Slattery, my client has had several senversatlons with Mr. Slattery, as well as 19 addressing a letter £e him, trying ~o allay any of his concer~s. And I assume that we've addressed 20 to his satisfaction whatever his concerns may be. 21 CHAIRWOMAN OLIVA: We have nee received ~nything. 22 MS. KOWALSKI: I thought I had a ehene call, zE was a few weeks ago and he 2enfirmed 23 exactly what Garrett said. He spoke with the ~rchitect end he really wasn'm sure if he had any 2% concerns aE all any more, ~nd that was the last we heard. 25 MR. STRANG: Okay. So, I don't know if the Board has ~ny [urther additional comments April 22, 200~ 3 1 2 CHAIRWONLAN OLIVA: I don'u. Does anybody else? If non I'd like to close the hearing and 3 reserve decision until later. See minutes for resolution. 4 MR. STRANG: Thank you very much. 5 CHAIRWOMAN OLIVA: The nex£ one is Len Vaccariello Seuthold Fleer Covering. 6 Mr. Vaccarielle? De you plan en making your move to the North Road there? MR. VACCARIELLO: Yes CHAIRWOMAN OLIVA: And you need a variance 8 because your building's going Ee be mere than 60 leon, and also I think you need a setback en the 9 rear yard? MR. VACCARIELLO: Cerrecm. Tom McCarthy If is alsc going me be speaking on my behalf. 2HAIRWOMAN OLIVA: I lid see your nice 11 stakes. Would you give your name, please? MR. MCCARTHY: Fom McCarthy, McCarthy 12 ManagemenE, Seuthold represenmlng and assisnlng the applicant 13 The 5wc variances that we're leekinc for today As a smructure 80 feet in width in the 14 reduced rear yard setback adlelnlng the sump. A little bit ef background, if you don't 15 knew the history of Seutheld Floor Covering business, it's been a locally owned and operated 16 business for 30 years. It's been in Southeld, Lenny bought it from his uncle, Jerry Gralten. 17 three ~nd-~-half years age. and moved from the North Read location in Pecenlc, which now houses I 18 believe a pool and spa company, and he's located behind Thompson's Emporium in space that he 19 leases. His lease is up in a year and-a-half and 20 he's taken sneps me insure the future ef his business for himself and his family. He's 21 recently purchased this piece of preperEy and obviously his intention is mo own his own 22 building, and he has certain parameEers that he's working with. and that's the size Df the space 23 that he's looking ne eperane his business bum Df. He's 2urrently facing cempeEition from other 24 steres that are larger, Home Depot, ~nd the like. His products are very large. He has large 25 rolls of 2arpeting, he has Ee warehouse them on-sine, and if you have a fleer plan Df the April 22, 2004 1 2 eperaEie~, you'll see that there's a retail she~ in the front, there's a warehouse mn the back. 3 These rolls ef carpet can be 12 Eo 15 feet long as well as well as palletized geede for flooring and 4 rolls of linoleum and what have you. Sc he uses a fork lift in the warehouse, and he needs nurnmnc 5 space, turning radius and racking space for the goods, and he has ne keep a large variety mn stock 6 mn order to compe£e with the Dther flooring companies mn the marketplace. What you see before you Ns an 80 feom wide building and that's the minimum uhat 8 Mr. Vaccariellc feels that he needs on this particular slue in order Eo cempe£e and in order 9 £o mnsure the long ~erm success of his business. What he's done is he's done ~n 1{ extremely incredible lob, I feel, in taking a look au the architecture of the building th~nking that 11 thms ms going ~e contribute tremendously £e the 2haracter of the neighborhood. We realize that 12 the builiing code setback is 100 feet in the B Zone unless the adlomnlng ~ropermies are 13 ieveloped, which both ef these ~re, which gives him the average Df these ~wo setbacks. The 14 arihitecture that he's come up with for this particular building has kind ef harkened back net 15 ~o puma big box up on 48. what he's lookin~ ~o do ~s mo make the building leek as if it's been there 16 previously and kind ef fashioned some ideas and 2oncepts after what has recently gone en on 1670 17 house, which was in for a similar application for building width. So I'd like uc be able mo show 18 yo~ what that elevation looks like, and he spent ~umme ~ bit Df money, mere than perhaps what he 19 would have me Dtherwise £e zry mc geu the elevation, so it would be something pleasing for 20 the community. CHAIRWOMAN OLIVA: Because you have a bit 21 Df width but ne depth. MR. MCCARTHY: There's no depth, there's 22 ~ sump directly -- CHAIRWOMAN OLIVA: -- I remember when they 23 puE ~t in. BOARD MEMBER ORLANDO: Very nice. 24 BOARD MEMBER TORTORA: Just look a~ ~his landscapmng area shown here would be this little 25 pmece. MR. MCCARTHY: That's actually 2hangmng. April 22, 2004 5 1 2 We're working Eogether. BOARD MEHBE~ TORTORA: I saw the no£es on 3 the Planninc Board, but 1T wasn't clear how that's gszng Ee relate Ee this. 4 MR. MCCARTHY: There are ~wo things that are lmporTanE in the application and what we had 5 done zn bringing this area in front ef the buildinc was to provide for cross-access agreemenE 6 ue Vanduzer gas. The Planning Deparumenu kind ef did a flip-flop on us. F~rst they said they wanted us with Vanduzer, ~nd now they're saying you knew what, we'd kind of like it if ~t was 8 landscaped maybe sometime zn the future. BOARE MEMBER TORTORA: So there ~s going 9 Eo be landscaping? MR. MCCARTHY: This parking will be 1{ removed in front of the building. There won't be parking, although they wane us To continue eo have 11 access through that, that could be opened at ~ particular time aE the properny line no the 12 Vanduzer sine. BOAR~ MEMBER TORTORA: What would this be? 13 Like a 15 foot wide fence then this would be? MR. MCCARTHY: Right. It's going ue be 14 landscaping ~nd grass toward the front near the szreeE. 15 EHAIRWOMAN OLIVA: Hy ~uesuien is it's really noE pertinent ~n a way, but I see there's a 16 iriveway going back for the 2ounzy uo have access Te the sump. New my understanding zs that the 17 counEy wanes To use your access Ee gee back? MR. MCCARTHY: That's right. 18 CHAIRWOMAN OLIVA: Tc me that's ridiculous. 19 MR. MCCARTHY: That's what they have asked for. We haven'T agreed ~e it yeE. 20 CHAIRWOMAN OLIVA: Because then there's Ewo driveways right ~n a row. 21 BOARD MEMBER ORLAi~DO: Do you wanm ~ uurb cut? That will be interesting. 22 CHAIRWOMAN OLIVA: Ne, they ien't need it. It's a ir4veway coming right back here all the way 23 uc the back by the ceunEy. MR. MCCARTHY: They have asked us Ee 24 close u~ their ~urb cuu en 48 and ~e allow them ~o allow a dre~ 2urb from our parking let ~nEo their 25 flag section so that there's ne confusion on the pare of the traveling public who wane eo come inuc April 22, 2004 6 1 2 Lenny's place and see mu during the median smrip, and then go znmc the DPW curb cum as opposed Eo 3 his. CHAIRWONLAN OL[VA: Rmght. 4 MR. MCCARTHY: Sc that's what they're looking for. We're nor opposed nc that. and I think 1~ will creaue ~ little bit more green space in the front beEween the aumo place and Lenny's 6 place. So that would be accomplished lust with a right of way for them going through the parking 7 lot, ~ drop curb for the one £1me in ten years thau they need ~o gee no the sump. 8 BOARD MEMBER OLIVA: Mr. Orlando. dc you have any questions? BOARD MEMBER ORLANDO: One question is the two adlacen£ buildings ~n the one side, how 10 wide dc you believe those are. the Vanduzer and the one they're rebuilding. 11 MR. MCCARTHY: Vanduzer I understand has recently been before you as well for other relief 12 for a revised building in the front, squarzng off their building in the pasn several years. 13 CHAIRWOMAN'OLIVA: I don'T remember that. MR. MCCARTHY: They have about 100 feet of coverage. BOARE MEMBER OLIVA: Generaner Nas -- 15 MR. MCCARTHY: Generators has 145 feet, the Ece Cream Cove. liquor s~ere, which is the 16 Village of Seutheld shopping cenEez on the ether s~ie. has 170 and the building khat I own on hhe 17 other side of the sEree£ has 220 linear feet~ so we feel ~½at the 80 feet that we're asking for zs 18 nee ou~ Df character with the area, with the neighborhood. 19 BOAR~ MEMBER ORLANDO: That's why I wanted you Ee puE Dn the record, I knew they were 20 much wider. CHAIRWOMAN OLIVA: Hew about even ~ay the 21 new ~dditien there, do you have any idea, the furniture place they pun en that new addition? 22 MR. MCCARTHY: They were 103 feet. C~AIRWOMAN OLIVA: That's a very nice 23 ~dditien. MR. MCCARTHY: It is. And we saw the 24 results ef the process through Zoning and Planning ~ni saw what they wound up with, which ~s a 2b beautiful builting. They did a very credible lob hhey did a greaE lob and we feel that ear proposal April 22, 2004 1 2 will be as n~ce, if nee nicer, and, in fact. wa'il have, I believe, better parking and better 3 circulation on the ~ite with our proposal than wha~ 1670 house currently enloys. 4 BOARD MEMBER DRLANDO: I wanted no ge~ that pclnn across. I felt in was much narrower. 5 this building than the Dther ones adjacent no it. HR. MCCARTHY: It 2ertainly is. 6 BOARD MEMBER ORLANDO: Nice rendition of the drawing, good luck. BOARE MEMBER PORTONA: Could yen lus£ run the numbers yourself? 8 MR. MCCARTHY: There's a lenEer Dn Page 2 fram them, but the Generator building on nhe ~ corner of Youngs Avenue. which was Commanier has 145 feet, Vanduzer zs approximately 100. the snrzp 16 canner on the north side ~f the road is 170, the 1670 house is 103 and my cenner en nhe other site 11 is 220 feet. BOARE MEMBER FORTONA: 1670 is the one we 12 had before us. HR. MCCARTHY: Yes. Se ln's non oun of 13 the 2haracter with that whale area ~nd hew that area's been developed over ~lme. 14 Speaking nc the setback variance in the rear, I believe than that should be diminimus, and 15 we sene a site plan ne the DOT, and they came back ne us ~nd they had reviewed the conceptual plan 16 far the referenced site, and are in general agreemenn with the variance requested a~ ~his 17 nlme, so they have nc prcblem. BOARD MEMBER OLIVA: Backing up ne a 18 recharge. BOARD MEMBER ORLANDO: I have no ether 19 ~uesEleNS. CHAIRWOMAN OLIVA: Jerry? 20 BOARD MEMBER GOEHRINGER: I have ne quesnions. I like the way you've ferried the 21 warehouse in the back ef the building. I have ne Dblecniens ne the setback. Also bearing in mind 22 that the Plannin~ Beard reflects a similar hype of determination based upon the fact that the 23 recharge basin is really a dead area. MR. MCCARTHY: There's no adjDln~ng 24 neighbor no the prelecn with that setback. BOARD MEMBER TORTORA: Just one Dther 25 ~uestlen, the landscaping in front that was going eo have that parking speE, do you have any idea April 22. 2004 8 1 2 what the Planning Beard's determination is going ee be that landscapmng area width-wise, going 3 be ~hat area? HR. MCCARTHY: I would say minimally 4 feet, but it really depends on how we work through what they need for the cross-access agreemenu 5 because that should be an some point Ewe-ways sc that traffic is no£ comino DUE onEo 48 and going 6 onuo Vanduzer. BOARD HEHBER TORTORA: 38 feet ue the sidewalk, and if you figure lC foot for the access, so mE could be abouE 20 feet. 8 HR. HCCARTHY: It could be and acEually the percepumon from the £raveling public that 9 green space will be larger because we're ~emng be landscaping and putting grass ouE in front ef 10 the property line before you poe te the shoulder Df the highway. Se even though it's 15 feet 11 the property line. ~E may wind up ho be 2{ ce 25 feet of ~reen space that you see there because the 12 highway ioesn't come Eo the Froperuy line. CHAIRWONLAN OLIVA: You're just 13 ~rass Dr little shrubs? MR. HCCARTHY: Te be henesE with you, 14 Ruth. we're going ce do whatever's ~uEually mcceptable ~o hhe planning. And perhaps 15 doesn't require a let Df maintenance but an attractive looking building. LeE has taken greaE 16 s~e~s and spen~ a lot Df money no~ only in the architect, on the drawings themselves, but putting 17 money lntc the building ~e make it a nmce place because it's gemng to be good for his business and 18 mt's geed for the mown. CHAIRWOMAN OLIVA: Jim? 19 BOARD MEHBER DINIZIO: Nc questions. CHAIRWOMAN OLIVA: Does anybody else mn 20 the audience have any questions sz remarks about this hearing? If hoE, I'll close the hearin~ and 21 reserve decision until lamer. Thanks for coming mn and lots ef luck. 22 See mmnumes for resolution. 23 MS. HOORE: Actually, this ms the eno before. Slaghery, my client had sene me a nonmce 24 that said that zn was a~ 9:50. and he wasn't opposed nc the application. He was ]use concerned 2~ abou~ the vegetative screen that was there that that be maintained. I understand you've closed April 22, 2004 9 1 2 the hearing, ~nd E lid explain mo -- we had. Garrett Strana ~nd I had spoken about it before 3 and I apologize. I got here early and found mm en ~he calendar just mwo or three minutes before I arrived, and so I would lusE ask when you're deliberating, if you would just pus your smandard proEec~ive conditions for the adjacent property owner mo malnmamn the vegesamive screening. Thank 6 you, I apologize for lnEerrupmlng. CHAIRWOMAiq OLIVA: Thank you. CHAIRWOMAN OLIVA: Next hearing AS Joseph and Hichelle Santacroce. Is there anyone here ~o speak on behalf of this application? Good 9 morning, hew are you? State your name, please HR. SANTACROCE: Joseph Santacrece. I'd 10 like mc start off by saying that the residence in quesuien ~ 6~5 Kerwin Boulevard belongs ~o my 11 mother, Carol, she's been a resident of Seuthcld Town for the better pars of 50 years. 12 Pare ef the reason we're 2emmng here for this accessory aparmment, my mom has, as most ef 13 you mmcht knew, ms handicapped ~nd ~s she's gemtlng elder, she's findina it mere and mere 14 difficult ~e take care ef her home an her own. She lees live there by herself ~t this mime. Now 15 I gem to my wife and myself. We've beth been life long residents of Greenperm, and we have been 16 urymng mc find housing around the Seuthold Town area because we would like ~o stay here. 17 2urrently I'm employed at Central Suffolk Hospital mn Riverhead, We're having a difficult time doing 18 that, but the family got uo~ether and kind af talked and thought that this plan before you would 19 be the best idea for our family. Basically what we'd like uo do is have my 20 mom live on the first floor of this aparumenE, what's being called an apartmenm because she't 21 like ~o have her own kitchen sc we were informed mhat that makes it an aparsment. We're nou gomng 22 Eo be rennmnc it oum ~o anyone_ It will be my mom Dn the first floor and my wife and myself on the 23 second floor. Basically that's what we're comLng no you for today, and Z 2an answer any quesumons 24 that you m~ght have. CHAIRWOMAN OLIVA: Lydia? 25 BOARD MEMBER TORTORA: I was lookinc for a breakdown of the square footage of the proposed April 22, 200~ 10 1 MR. SANTACROCE: I have a sam of plans I 3 hanied ln£o you guys. It should be on the second page. I have a~other sam, though. % BOARD MEMBER ORLANDO: The first floor, the apartmen£ should be 1.0%0 square feet. that's 5 according ~e the plan. HR. SANTACROCE Correct. I den'£ know mhe 6 number off the cop ef my head. BOARD MEHBER ORLANDO: And the second fleer is 1,780 square feet. HR. SANTACROCE: That's correct. 8 BOARD MEMBER DINIZIO: Can you s~ate that again? 9 BOARE MEMBER ORLANDO: 1,040 s~uare feet 10 HR. SANTACROCE: That weult be the first floor ~parmment would be 1,0%0 square feet and the 11 second fleer would be 1,780 square feet, that's ne~ includin~ the garage, the garage is 490 square 12 feeL. MS. KOWALSKI: We have different figures 13 ~csordin~ to the Penny Lumber, a little bit, about 18 square feet it's iifferent. 1% MR. SANTACROCE: This is probably a newer plan. If you want that, I can give that mc you 15 MS. KOWALSKI: I don't know if the Board members wan~ their own copies Df the new plan. 16 BOARD MEHBER GOEHRINGER: I jusm need lm because I'm the key person. 17 MS. KOWALSKI: And we need it for the file. So does everybody else want an exura copy 18 ef the new plan? B DARD MEMBER ORLANDO: ~ow much a 19 variation is there from the eld ~e the new? HR SANTACROCE: I don't think there was 20 any. BOARD HEHBER TORTORA: Is there ~ 21 variammen in the square footage? MR. SANTACROCE Not ~c my knowledge. 22 MS. KOWALSKI: 18 s~uare fee~, that's all. 23 MR. SANTACROCE: If you're telling me 18 sTuare feet, I tidn'm realize there was. Like I 2~ said I'll ~lve you the mosu currenu plans. MS. KOWALSKI: You said the first floor 25 aparmmeNm is 1,058 square feet. MR. SANT~CROCE: 1~0%0 April 22, 2004 11 1 2 MS. KOWALSKI: Okayj the one here is 1.058, which plan dc you wane ec go with? 3 MR. SANTACROCE: This ms the one. MS. KOWALSKI: What is the date of the 4 new plan? MR. SANTACROCE: April 10, 200%. 5 MS. KOWALSKI: April 10~ 2004. BOARD MEMBER GOEHRINGER: What lees that 6 one read? MR. SANTACROCE: This one reads 1,040 for the first fleer aparnmenE and 1,780 square feet for the second floor for a total ef 2.070. 8 BOARE MEMBER ORLANDO: So ~t's 50 percent ef the total square footage. 9 MS. KOWALSKI: 40 percene, might be 41. BOARD MEMBER GOEHRINGER: Is that the 1£ firs~ floor area nee ~o exceed 40 percent? MS. KOWALSKI: Jerry, do you wane ~nother 11 new plan or ie you wane to give shat eo the file when you're done with it? 12 BOARE MEMBER DINIZIO: The family room on that plan there, if you guys still have that plan, 13 that's considered pare e£ the primary residence, I guess you would fall lm. it's kind efa shared 14 room between the ~wo. but they're considering i£ pare ef the primary resllence being that's where 15 the sEaircase zs going tc be? CHAIRWOMAN OLIVA: By the family ream? 16 BOARD MEMBER DINIZIO: That family room, hhey're considerin~ that parm of the residence. 17 That's hew they have access ~e the second flcer. CHAIRWOMAN OLIVA: Okay. 18 MR~ SANTACROCE: But there's a doer there, like I say, the house zsn't blocked off, from ~ne 19 pare of the house is apar£memE and the other is nom. It's all basically the same house 20 BOARD MEMBER OLIVA: Basically you're jusu puttzng a second floor? 21 HR. SANTACROCE: Pretty much. She wan~ed her own kitchen they considered it an aparEmene. 22 That's basically why we're here now. HS. KOWALSKI: I dem't have the new 23 plans, the primary unit's going ~e remain ~E 2.150. 24 BOARD MEMBER TORTORA: What was the existing? 25 ~S. KOWALSKI: With the addition will be 2.150. April 22. 2004 12 1 2 BOARD HEMBER IOEHRINGER: Existing first s£ory? 3 MS. KOWALSKI: I don't have the plan mn frent ef me. 4 BOARD HEMBER TORTORA: 4{ percenm ef the liveable fleer ~rea ef the existing dwelling unit. 5 HS. KOWALSKI: Well. the cede allews peeple me add an, and this is what happens. Se 6 instead of him adding en first, he's addino en durin~ the whale precess - BOARD MEMBER TORTORA: Then we can lncorperame the addition; when we incorporaue the ~ addition what will the fig-ure be? MS. KOWALSKI: For the exmsming, I have 9 me check the plans. BOARD MEMBER GOEHRINGER: 2,070. 10 MS. KOWALSKI: 2.070? BOARD MEMBER TORTORA: lot lt. 11 MS. KOWALSKI: 2,070 with The new addition for the existing unit. 12 BOARD MEMBER GOEHRINGER: 2.070 am %0 percen£ ms 1,08{. We're commNg in au 1,058. 1! MS. KOWALSKI: Se it's slightly under the %{ percenm. You can't 7o over the 40 percenu of 1% the existing for the ~parmmen~. MR. SANTACROCE: Like I said, I guess -- 15 okay. I wasn't aware of that but if E fall within them parameuer, that's geed. 16 MS. KOWALSKI: When was the heuse built? MR. SANTACROCE: I believe lm was 1973. 17 Thank you. 2HAIRWOMAN OLIVA: Any sther ~uestiens? 18 Jim? BOARD MEMBER DINIZIO: No, I len't have 19 any questmons. BOARE MEMBER OLIVA: Vincent? 20 BOARD MEMBER ORLANDO: Jusm one for mmner 21arificatien 21 MR. SANTACROCE: Sure. BOARD MEMBER ORLANDO: Are there mwe 22 ~ccesses. ~ne tewards the apar£menu, er the ene en the side is the downstairs or -- 23 MR. SANTACROCE: The en~ on the side. tham's the new access that was going £e be for my 2% wife and m~self ~e g~ in upstairs. ~y mem would still have the access for the frent doer and the 25 rear doer. BOARD MEMBER ORLANDO: No other April 22, 2004 13 1 2 questions. CHAIRWOMAN OLIVA: Jerry? 3 80ARD ~EMBER GOEHRINGER: I'm all r~oht. CHAIRWOMAN CLIVA: I'd like ~e make ~ 4 motion 21osinc the hearing and reserving decision until later. I hcpe nobody in the audience has ~ any complaints has any questions? See mlnuEes for resolution. CHAIRWOMAN OLIVA: Next hearing is Christopher and Trudi Edwards need a variance because the additions ~o the dwelling will be less 8 than 40 feet from the front line but they have zwo fron~ yards; are you Mr. Edwards? ~ MR. EDWARDS: I am Chris Edwards. CHAIRWOMAN OLIVA: Okay, why don't you 1( tell us what you're going ~o io, enlarging -- what I understand you're doing is really filling in 11 where the deck is? MR. EDWARDS: Yes, the deck is ~oing ce be 12 moved further }var. We're going co add I believe it's approximately 80( square feet bedroom, family 13 ream. bathroom and laundry ream. CHAIRWOMAN OLIVA: It's all going eo be en 14 the Dna Buery? MR. EDWARDS: Yes. 15 CHAIRWOMAN OLIVA: And the closest you'll be is 21'5' you already are 21'S"? 16 MR. EDWARDS: Yes. we won't be any clsser. 17 CHAIRWOMAN OLIVA: And the rear secElen will be 22.5 feet from Madeline Avenue. Hr. 18 Orlando? BOARD MEMBER ORLANDO: No quesemons 19 CHAIRWOMAN OLIVA: Lydia? BOARD ~EMBER TORTORA: No. 20 CHAIRWOMAN OLIVA: Mr. Dinizie? BOARD MEMBER DINIZIO: No. 21 BOARD ~EMBER OLIVA: Mr. Seehringer? BCARD ~EMBER GOEHRINGER: Madeline Avenu~ 22 shews au %0 feet en your survey, what ~s lu actually, Mr. Edwards? 23 MR EDWARDS: The setback? CHAIRWOMAN OLIVA: Ne. how wide is 24 Madeline Avenue, is 1E a small road? CHAIRWOMAN OLIVA: 28, 25? 2S MR. EDWARDS: Yeah, perElens of ~u are large. I'd say an average ef 25 feet_ April 22, 2004 14 1 2 BOARD HEMBER GOEHRINGER: It's all paved, r~ght? 3 MR. EDWARDS: Yes. it's all paved. CHAIRWOMAN }LIVA: Anybody in the 4 audience like ~c speak for or againsE this application? If noT, I'll make a motion closing the hearing and reservzng decision until later. See m~nutes for resolution. 6 HR. EDWARDS: ~hat does that mean? 2HAIRWOMAN OLIVA: It means now we ge ~nEe cenEemplatien ~nd see. BOARD MEMBER DRLANDO: There weren'E many 8 questions se 2HAIRWOMAN OLIVA: Well, there weren't 9 many questzens. Our nex£ meetzng is May 6th, and we will Wrlne the deczsion and then you will have 1{ that. eventually perhaps if you would like ~o call. and then the written Dne will be within a 11 week after Ehat meeting. MR. EDWARDS: So I'll knew by June. 12 2HAIRWOMAN OLIVA: Before June- MS. KOWALSKI: Hiddle Df Hay you should Ii knew. CHAIRWOMAN OLIVA: Call hhe office and 14 Llnda Dr Jess will be happy to let you know. 15 CHAIRWOMAN OLIVA: Nex£ hearing is Lawrence Kotik on Middleton Avenue ~n Greenperu, 16 with a front yard setback aE less than 35 feeE. MR. KOTIK: Good mernzng. 17 CHAIRWOMAN OLIVA: Good mornina. CHAIRWOMAN OLIVA: State your name, 18 please. MR. KOTIK: Hy name is Larry Kotik~ and I 19 ~m the new owner o{ 10 Middleton Road ~n Greenport. And ~s part of a proposed renovaElon 20 eo the exisE~ng structure. I would like ~o s~uare off the northwest corner of the snrucEure, which 21 would result zn an addition Df 38 square feet. CHAIRWOMAN OLIVA: It's hardly 22 ~nything. HR. KOTIK: I'm ]use filling zna 23 corner. BOARD MEMBER GOEHRINGER: That's what we 24 call diminimus. HS. KOWALSKI: It's 38 square feet 25 r~ght? HR. KOTIK: Correct. It's not go~ng any April 22, 2004 15 1 2 closer Eo the sEreet. CHAIRWOMAN OLIVA: All the houses mhere 3 are about the same. MR. KOTIK: I actually measured them all. 4 CHAIRWOMAN O~IVA: They all look the same on Middleten? $ MR. KOTIK: That's right. CHAIRWOHAN CLIVA: I don't have a problem 6 with zE. Vincent? BOARD MEMBER DRLANDO: I have one - question. The existing height ~o the ridge will sEay the same? 8 BOARD MEMBER ~OEHRINGER: It's only one story. 9 BOARD MEHBBR ORLANDO: But they're gomng mo puE - 1£ MR. KOTIK: It's a two-story house rmoht now. 11 BOARD MEMBER ORLANDO: Sc you're nos going to gc any higher than the existing? 12 MR. KOTIK: No. BOARE MEHBER ORLANDO: That was my only 13 }ne quesLlen. I have ~o write that one up, so I have em ~sk that. I think it's a cues little i4 neighborhood, and the house will look adorable. I think zE's in character of the neighborhood and ~5 besm of luck. CHAIRWOMAN OLIVA: Lydia? 16 BOARE MEMBER TORTORA: No queshions. CHAIRWOMAN OLIVA: Jim? 17 BOARD MEHBER DINIZIO: Timmy will tell you I ~rew up in this house, my aunE and uncle. 18 CHAIRWOHAN OLIVA: You did? BOARD MEMBER DINIZIO: Yes, sc I have nc 19 sblection ~E all. CHAIRWOMAN OLIVA: Jerry? 20 80ARD MEMBER GOEHRINGER: None at all. CHAIRWOMAN OLIVA: Does anybody in the 21 audience wish ~o speak on this application? If no~, I'll close the hearing ~nd reserve ieciszon 22 un~il later. See minutes for resolution. 23 CHAIRWOMAN OLIVA: So you should have your decision, let's see. we meeE on the 6th so you 24 can call with the verbal and we'I1 have it probably within the nexE week ~o 1{ days. 25 MR. KOTIK: Okay, ehank you very much. April 22 2004 16 1 2 CHAIRWOMAN OLIVA: Next hearing is Robert and Susan Toman. RequesE ~ variance for a 3 proposed deck addition with a front yard setback aE less than 40 feet, en Main Bayview Read. Your 4 foundation is in. correct? MR. POHAN: Yes. 5 CHAIRWOMAN CLIVA: And you al~e. ~f the one that's just hhe 30 feet just Eo actually the 6 porch? HR. ~OMAN: Yes. CHAIRWOMAN CLIVA: And you have 40 feet mo that wraparound deck? 8 HR TOMAN: Yes. CHAIRWOMAN DLIVA: Is that deck, may I 9 ask, gemng uo be raised because hhat foundation is very high? 10 MR. TOMAN: Yes. I believe the 401 BOARD MEHBER DRLANDO: I believe the 46 11 feet setback is mc the foundation? HR. TOHAN: Yes, it is, 12 CHAIRWOHAN OLIVA: But not to the deck? HR. TOHAN: Net mc the deck. 13 CHAIRWOMAN OLIVA: Hew wide is hhe deck; you still need ~m £c the deck? 14 MR. TOMAN: Eight. CHAIRWOMAN CLIVA: That's going £e be 1S raised level with the you had me build it up there for FEHA? 16 HR. TOMAN: Yes, they asked us me be flood compliant. We didn't have te be. They said 2auld 17 you be, and we said yes. CHAIRWOMAN OLIVA: Was there a reason 1~ that you didn't come and apply Eo us before you started the foundation? 19 MR. TOMAN: I don't know that we knew that we should. 26 MS. KOWALSKI: When did you plan the deck. I guess, did you plan it before the house? 21 MR. TOMAN: It was drawn mn. MRS. TOHAN: Yeah, we ]usu didn't 22 knDw. Nc Dne told us that we should come to you before. 23 MR. TOMAN: No, they said, gee the permmEs · n and -- 26 HRS TOMAN: And we also had ~ real rough r~de tc gan everything dena. 25 2HAIRWOMAN OLIVA: We ~ot it, say ne more. April 22, 2004 17 1 2 MR. TOMAN: This guy ms just a dead issue because he let the house gl mo Bob Diamond, so I 3 thought I better send lm out anyway, but he hal nothing cc do with. 4 MS. KOWALSKI: He doesn't own mu any mcre? 5 HR. rOMAN: Ne. he sold it mc Beh Diamond. 6 MS. KOWALSKI: He doesn'm own it anymore? MR. TOMAN: Ne. He sold lm mo Bob 7 Diamond. CHAIRWOMAN OLIVA: The deck is about 65 8 feem in length, 67 feet, eight feet wide. BOARD MEMBER TORTORA: Sc you're talking 9 abeum a 32 foot setback; is that right? MR TCNLAN: Yes. 10 CHAIRWONLAN OLIVA: lorry? BOARD MEMBER GOEHRINGER: Hew is this ieck 11 gemng to be integrated lnmo the house~ ms it gDlng kc have a roof over lB, sir? 12 HR. TOMAN: Ne. BOARD HEMBBR 3OEHRINGER: It's going ce be 13 an open deck? HR TCHAN: Yes. 14 BOARD MEMBER GOEHRINGER: So ~m will have just a normal railing, 32 co 48 inches in height? 15 MRS. TOMAN: Just ever the doorway there will be 16 CHAIRWOMAN DLIVA: Because we only gee the plcmures. Et's hari Eo kind of visualize 17 this. HR. TOMAN: It's going £e beautify that whole corner, then we're going me pum landscaping, hedges, keep them trmm so when the 2ars come by I don'm knew if -- 2HAIRWOMAN OLIVA: You don't have much 20 rcem in the back before you're mn wetlands. MRS. TOMAN: Ric-ht. 21 2HAIRWOMAN OLIVA: ~n fact, you re in wetlands. £o be hones£ with you. 22 MR. TOMAN: It's going me be gorgeous. BOARD HEMBER GOEHRINGER: This is a 23 mwo-seery house? MR. TOMAN: Yes. 24 2HAIRWOMAN 0LIVA: You have your permit? MR. TOMAN: Yes. 25 2HAIRWOMA2N OLIVA: DEC, Trustees, em ceEera? April 22, 2004 18 1 2 MR. TOMAN: Yes. CHAIRWOMAN OLIVA: You're going no puu a 3 fencing ~reund the deck? MR. TOMAN: Yes 4 BOARD MEMBER OLIVA: According £o those plans? 5 MRS. TOMAN: Railing. MR. TOMAN: Yes. And jusn hide everything 6 and make it leek beautiful. BOARD MEMBER OLIVA: Dkay. That's it? You have Dn your survey, 30 feet £e the snoop. BOARD MEMBER TORTORA: You have en your 8 survey 30 feet Eo the snoop? MR TOMAN: Yes. 9 BOARD MEMBER TORTORA: The reason I'm askinc zs the non.ce Df disapproval talks about 10 the 30 foot front yard setback, what zs the w~th of the sEoo~? 11 MR. TOMAN: How wide? BOARD MEMBER TORTORA: How deep. 12 BOARD MEMBER DRLANDO: The dimensions, 3' by 10'. 13 MS. KOWALSKI: 5' by 6'? BOARD MEMBER TORTORA: It's impor£an£ 14 because I'm urying uo figure oun whether the sEoo~ Ls included in the notice -- 15 MR. TOMAN: I had nwo thoughts on that, if I may, I was thinking there's £wo ways Ehat we 16 2ould have wane about than, one way would have been. no be eight foot suE, actually have an e~cht 17 fooE opening where the seeps came up four feet zneo the deck area. 18 BOARD MEMBER TORTORA: ~ood idea. MR. TOMAN: So that zn didn'£, maybe it 19 2ama oue an extra foot or something, maybe no£ even. maybe flush 20 BOARD MEMBER TORTORA: Flush is good because I think 32 eeet is where I would s£op, I'm 21 noE speaking for the res£ of the Board, but that's me, non anyone else Dn this Board. I would go 22 30. MR. TOMAN: 30, 32 it is, I'll make sure 23 and if there's some reasDn I can't, I'll swzng the seeps ~o the side if I have co. But I'll seep 24 them into the lock. MS. KOWALSKI: And steps can't be any 25 wider than s~x feet. MR. FOMAN: Dkay, slx zE ~s and 32 it is. April 22. 2004 1 2 CHAIRWOMAN OLIVA: ~iml BOARD MEMBER DINIZIO: I have no 3 oblecmiens. CHAIRWOMAN OLIVA: Jerry? BOARD MEMBER GCEHRINGER: No. BOARE MEMBER ORLANDO: I'm nom saymng I'm 5 for ar agamnsm your application, but I dc have an issue and I'm ~oing £o be as nice as I can about 6 this. but I think the survey's lncerrecm, reasons being I did some research on this because I pass by it every single day, and it's very close mo the road. so I did some measuremen£s, hand 8 measurements with rulers and your 40 feet goes actually ~o the read. Your %0 feet gees pasu ute 9 utility pole mo the public road. Se I spoke mc a respected licensed surveyor and asked about nee 10 your particular ~pplication, jusm mn general -- de telephone poles, are they are private prepermy? 11 And they said ne. ~hey den'm pum telephone poles en private prepermy. There's an easemen£, and a 12 guide wire is ~ypically Dn the easemen£ as well. sc I said well, I'm ]usm talking mn general, if an 13 application comes before me. So he said en the application co puma pole Dn prmvame prepermy is 14 in a private community on a little private road, but en the malor public highway Dna dedicated 15 road. telephone poles do hem ge en prmva~e propermy, which yours shews it ms on your 16 propermy, and actually yours gDes mwo feet beyond. And ironically, I happened me ~peak me the manager 17 ef LIPA. overhead lines in Brentweed, and E asked him the same [uestiens, and he said absolutely nee 18 would there be a telephone pole Dn prmvame prepermy for liabiliny reasons. Just think about 19 mn, if someone goE hurt~ a child ran mnmc a ~ele. we'd be sued. We don't puc zm en private 20 prepermy. We pum it on our easemenm. ~s well ~s the guide wires we de nec puE Dn private preperny, 21 if we can hel~ mm. There are sccasmens that the guide wires do ge, but we move them; they're 22 another liability, that's why they pum the yellow plastic on it as well. So my concern here ms that 23 the survey may be mnaccurame for the setbacks. You knew. we just need a benchmark cc ~e by, and I personally don't feel I have a benchmark because it shows the telephone pole en your property. 25 MR TOMAN: Telephone pole is sn our propermy and they're going me move im. April 22, 2004 20 1 2 BOARD MEMBER ORLANDO: They are gomng move mt? 3 MR. TOHAN: Yeah, we've already -- BOARD MEMBER ORLANDO: Can I peu ~ letter 4 from LIPA stating that? MRS TOMAN: It's hoe a LIPA pole, it's a 5 New York Telephone pole. It's nee ~ LIPA pole. The pole ms owned ky the telephone company. I 6 £hink it's New York Telephone. CHAIRWOMAN OLIVA: But Verlzen. MR. TOMAN: I also spoke to LIPA. I spoke uo their architects, and they put me in touch with 8 the people who are in uharge ef that pole and no cost ce the Town or they're going tc move the 9 telephone pole because they made the mistake ef puErmng mE on our properEy, and the encroachment 10 is ever the wires. BOARD MEMBER ORLANDO: That's why I 11 brought that up. MR. TONLAiq: We brought ~E up immediately 12 when we boucht the house. BOARD MEMBER ORLANDO: I think LIPA owns 13 the poles. HR. TOHAN: Ne, nee this particular pole. 14 BOARD HEMBER DINIZIO: Nc New York Tel can own a pole. 15 HRS. TOMAiN: New York Tel, ~hat's who Some of the new poles are owned by LIPA. some 16 of the newer ones apparently, buE this is ~n old pole, and it's them, and they said -- the head of 17 LIPA 9en£ me Dyer Ec them. and said that if that's what the survey says mt's neu a problem ~nd they 18 will move it. CHAIRWOMAN DLIVA: Jerry? 19 BOARD MEMBER GOEHRINGER: Can I clear this u~ with you? Whenever there's a situation, take 20 Bolmler Avenue, which is 66 feet wide, you're going £e see poles en private properuy. The same 21 smtuation is the sase here because ef that huge sweep of those roads, mainly LIPA poles, you're 22 always going ce see this in that situatiom and that's the reason it ended up en their properEy. 23 BOARD MEMBER ORLANDO: According Ee LIPA, they de nee pub them Dn there, and they will move 24 them when they find them. MRS. rOMAN: They had nc problem Eo move 25 is. He was leaking au the best possible way with the Town whatever that means, and it's non our April 22, 2004 21 1 2 expense, BOARE MEMBER ORLANDO: Because your 3 propermy buts up mo a ~ublic road. which I felt was very unusual and hoe safe, I mean, you seep ~ ~ff your property onno a -- MR. TOMAN: }ne of the reasons we cleared 5 that whole thing was no actually expose that and so people could actually see each other 'cause 6 that corner was -- yDu know, sc we cleared it and we're going co keep stuff there. BOARD MEMBER ORLANDO: 2euld we gee a letter for the record stating? 8 BOARD MEMBER DINIZIO: You have Ee gc by the survey that these people submitted and rely 9 eh, you knew, John Metzg~r Ee have done the properly, as they are. If Mr. Metzgar is saying 10 that and noting that that pole is within your boundary, New York Tel has 11 BOARD HEMBER ORLANDO: You've ~lready addressed that issue with New York Telephone. 12 They have already agreed Ee move it. They muse have written you a letter saying that? 13 MRS. TOMAN: No. BOARD MEMBER DINIZIO: It's not 14 negligence. New York Tel doesn't have zo respond nc them in any way other than ~o move the pole. 15 BOARD MEMBER DRLANDO: The chairman can disagree with me, but I would like the letter for 16 the record jusE stating that it's your properEy and they will move rt. and I will be comfortable. 17 MS. KOWALSKI: I have another idea because 1~ may be difficult for uhem Ee gem that 18 letter. BOARD MEMBER DINIZIO: It will take them 19 forever Ee TeE that letter. MS. KOWALSKI: Dc you have a copy of the 20 deed, the deed will describe the properEy and that's what the surveyors ge by zs the deed, so_ 21 BOARD MEMBER ORLANDO: I guess LIPA musu have gene by the deed as well. 22 MS. KOWALSKI: No they iidn'u. BOARD MEMBER DINIZIO: Vlnce, I worked 2i Dn the line for 18 years, and we puE the ~oles where we needed Ee puE the poles and this was 24 long uzme vacant, you can tell by the way the road is. The read actually en their properEy, the 25 rlcht ef way is en the corner ef their preperEy. It's the way it was lelineated many, April 22, 2004 22 2 many years ago, and you probably have the right ec go eo the Town and say, hey, when are you gorng eo 3 move nhat BOARD MEMBER ORLANDO: Whatever the shairwoman wanes nc do is fine by me. She's the boss. 5 BOARD MEMBER DINIZIO: I would eb~ect me ~sking NYNEX, basically months waitin~ for NYNEX. 6 CHAIRWOMAN OLIVA: Maybe if we Jusm have ~ copy of nhe deed, that would de the trick. MS. KOWALSKI: As I recall, Vince was concerned about where the propermy lines were, the 8 setback from the propermy line. BOARD MEMBER DINIZIO: The survey is 9 what's going £0 gzve you that. The survey gives you that. You're relyzng on the license of that 10 surveyor. He's licensed no survey the propermy, and he's the one mo tell you what the bounds of 11 this proper£y are. and I think you should rely on that. If you're going to send these people me 12 Verizon, you're going me call them u~ ~nd say, we wane a letter, you are net going ne gee that for 13 months, I can tell you that right new. It's nee something that they need ne do. If they told you 14 they're going ec move it, and it's nee any subjecu ae ~11 Df this varmance application. What I hear you saying is you're relying en that pole being en their properey line mn some way and if we leek au 16 the survey, we can see that it ms nee. BOARD MEMBER iRLANDD: We're basing that 17 he's correce, surveyors do make mistakes. BOARD MEMBER DINIZIO: I can tell you it wouldn't make a difference, it's his license and we're relying en them. Se either we make our 19 decision based on the survey which ms what we need ee rely on, which is what you're relying on 2£ or nos. one way or the sther. But I 2an tell you, if you mry to gee NYNEX rnYzlved in this. I don't 21 knew why we should keep an ~pplicant in any way because they wane eo pus ~n open lock on mhe front 22 Df their house, an emght foot open lock, why we should held them up for months for ~omething that 23 they may nos be able mo gee. BOARD MEMBER TORTORA: The Driginal deed 24 goes back eo 1953. BOARD MEMBER DINIZIO: I'm just saying I 25 think requirin~ them to have some kind sf thing from NYNEX ms no£. April 22~ 2004 21 1 2 BOARD MEMBER ORLAiqDO: I'm non saying I'm fez or agamnsm this, I jusn needed a benchmark mo 3 get an accurate setback. I personally lid nom think we had one. If you had already spoken Ee this person -- MRS TOMAN: You don't think the survey's 5 accurate? BOARD MEMBER ORLANDO: Just by the person 6 E ~poke Ea. zt shouldn't be there and you're saying, you're rmght. ~ ~s on my proper~y, I need me move ~m. But the person you spoke me aE New York Tel could fax you jus£ a noee sayzng, yes, 8 we'i1 move the pole. HRS. TOMAN: I den'E knew if they would 9 okay Ehat communication like that. I don't know what 1£ takes for them Em make that cemmunlcatmon. 10 but the pole ms en my properEy. BOARD MEMBER DINIZIO: We're non denying 11 that. Everyone knows that the read is moo, it's seven 12 HR. TOMAN: We told the Town take it if you wane it. Bum take mm off Dur survey and yDu 13 can have it. You can have the poles Toe. MRS. TOMAN: We are adlusEmn? all ef that. 14 HR. TOMAN: It's all being addressed. It's not in our time though. 15 MRS. TOMAN: 2an I ask why the pole. why that has mo de with the deck? 16 BOARD MEMBER DRLANDO: I use that as an example because I feel the benchmark, meanmn~ the 17 survey, I didn't think was correcE, so we're saying 32, maybe it's 30 fee£. Haybe in front of the pole it's 36 feet. I'm net for or against the application, I'm sayzng ms the benchmark cerrecE, 19 where we're going from here. 2HAIRWOMAN OLIVA: It's lusE that when we 20 give the decision, and the wrmnEen decmsmon that our figures are accuraEe ~nd somenmmes iewn the 21 line maybe 15. 20 years, somebody else mm~ht wanm no dc something else with the property that we 22 have our dimensions correct. MRS TOMAN: Ail right. So I can provide 23 you with the deed. The deed does give them the setbacks. 24 BOARD MEMBER ORLANDO: Your zntersect~en ms a very busy mntersectien. And we're voting on 25 this te gzve you permmssion Ee sit on than deck ~nd have a very nzce cup of iced moa in the April 22, 200% 24 1 2 evenlno sr something, and Ged forbid something happens, a car comes flying in there~ a lawyer 3 will hiE-pick ~nd say, well, the application's wrono ~nd the variance was wrong, everything's 4 wrong, and we ~11 ge£ sued. Sc I wan~ to gee an ~ccurate benchmark so we can get accurane 5 decisions; that was my pcsition on mhat. I wasn't ~rylng ~o beat you up. I'm just saying we wan~ 6 ~ccurane numbers, ~nd if the chairwoman says ne. ~o all ef wham I said nhen that's fin~. s~e's the bess. CHAIRWOMAN OLIVA: Jerry? 8 BOARD MEMBER GOEHRINGER: Is the only area you can actually fill on ~his property is the 9 porElon on Main Bayv~ew ~nd that is both the portion that extends no the wesE and the pornzon 10 that extends ~o the south, so mo s~eak, so you are going nc cover this foundation mn some way; is 11 that correct? MR. rOMAN: That's why we want the deck. 12 We wane ~o puE the deck in then pun lattice in front of it and make mn cover in, totally cover 13 it. BOARD MEMBER GOEHRINGER: Then you're 14 going mo plant in front of that? MR. FOMAN: Yes. Then we're go~ng nc 15 plant in front of that and lands2a~e. MRS. TOMAN: As far as the road as far 16 as the boundary around the road, further on North Main Bayview they have the low decorative 2emenn 17 walls sc that's what I thought we'd lo the perlmener. 18 MR. TONLAN: Stay a few fee~ on our preperEy and puE a nice decorative wall. ~e don'm 19 ~anE the traffic either. I ten't mind the headlights, I get shades, but actually I'm glad 20 that the foundation zs up high. If God forbid anything does come through, in hits Ehe 21 foundation. It doesn't hit us en the deck er anyone in the house. But we're putting a brick 22 wall, we're going no pun, if you pass our house and go all the way down and make the left, all the 23 houses on the waner they have these beautiful low cemen~ decorative walls; we would love mc puE one 24 of those a few feet ~n from the proper~y line right around the front. 25 MRS. TOMAN: And a hedge behind it. MR. TOMAN: Enstead of a guard rail April 22. 2004 25 1 2 because someone once suggested, well, call the Town and puc a ~uard rail up, we don't wane ~naE. We'd rather have a n~ce lookinc wall and make it leek country, make it leek nzce. Stately, 4 nice. BOARD MEMBER ORLANDO: You're talking the 5 walls on Paradise Point Road? MR. TOMAN: Yes. 6 CHAIRWOMAN OLIVA: Okay. MR. TOMAN: So something like that maybe a nmce low, maybe ~late I don'T knew, but we dc want ne put a wall up ne keep a barrier between us and 8 the road on an mcy day. We don'T wane no one slidin~ in. We have kids We're definitely 9 conscious about hhat. CHAIRWOMAN OLIVA: Vince, would a copy Df 10 the deed satisfy you? BOARD MEMBER ORLANDO: Me, no, But it's 11 your 2hoice. I just wanted t¢ gan a r~cht benchmark Ec go by. Somebody told you the pole 12 was on your properuy? MRS. TOMAN: The surveyor. 13 HR TOMAN: It's right on the survey. BOARD MEMBER ORLANDO: So you contacted 14 someone from LIPA or New York Tel and said yes, zt's Dn your property. 15 MRS. TONLAN: Dzane Janick from LIPA, I spoke uo the architect, she's their architectural 16 engzneer and then she pun me in with her boss who then gave me someone au New York Tel. But I den'E 17 knew what lE would take for him mc puE a communzcauzon zn writinc that they're gezng uc de 18 this. but I can try. You know, I can bring you the deed and I can ury as a plus also mc cee the 19 communmcammon. I hope that -- I'd ask that you don't held up my deck based en the 2ommunmcatzon 2{ from New York Telephone. I don'~ know that I can guaranuee they will do zm mn wrmting. 21 BOARE MBHBER ORLANDO: Did they gzve you a Emma frame when they would move ~ er they 22 didn't say? MRS. TOHAN: They said actually, they 23 made it sound like it was nee a problem. So it may nou be an issue, it may net, maybe I could 24 it mn writing, I may be able me. BOAR£ HUMBER ORLANDO: They did make it 25 sound like mu wasn't a problem? MRS TOMAN: Right. April 22~ 2004 26 1 2 BOARD MEMBER DINIZIO: I'll tell you this. it's non a problem for them mc move lm am all B because it's mheir liability, but I can tell you the engineering involved in movlnc that one pole 4 can take a long ~lme. 2HAIRWOMAN OLIVA: I agree with Jim. 5 BOARD MEMBER DINIZIO: Because they're going mo have ~e find a place £¢ place that pole 6 ether than the read. MRS TCHAN: They said they might ge underground. BOARD MEMBER DINIZIO: Either that or 8 they may pun Ewo poles in. MRS. TOHAN: They iid make the ether 9 suggestion we might gem another pole. BOARD MEMBER BINIZIO: Are you still 10 looking am this? They still might gm ever your preperny. They'll need ~n easemenE from you. 11 MR. TOMAN: Yes. BOARD MEMBER DINIZIO: See, I'm tellin~ 12 you, I worked for 18 years for Cablevisien in doing this. I can tell you that me, personally, 13 was in charge o~ censEructien for three years would non write you a letter, my cerporame office 14 would have ~o because it's liability. If someone hits that pole while it's en your preperny and I 15 know lm, 1E's nom going ~e happen, I'm nee going nc pun my livelihood mn danger of that. I 16 recognize the fact that if this Beard asks you ge me NYNEX, you're going to be a long mime 17 getting a letter from them saying that they're going mc move the pole. So my own personal 18 feeling is that ~nd I'm speaking new mc the chairwoman -- is that this application doesn'm 19 depend on that pole being there or nom being Ehere. This application iepends Dn the survey, 20 and, yes, I agree that surveyors are wrong, if you have a deed that gives you the meeEs and bounds, 21 my personal feeling that wouldn'T be enough mc satisfy me, but it should be enough mo satisfy 22 this Board. CHAIRWOMAN OLIVA: Could you g~ve us then 23 a copy of your survey when you io your final CO ef the house? 24 MR. TOMAN: Absolutely. 2HAIRWOMAN OLIVA: Is that agreeable? 25 BOARD MEMBER ORLANDO: Fine by me. 2HAIRWOM~kN OLIVA: Lydia? April 22, 2004 27 1 2 BOARD MEMBER TORTORA: I'm lost because we have a survey right new, se what are we askmng 3 for? BOARD MEMBER IOEHRINGER: Well. it would be interesting to know, we have a variable deck here. we have a deck that meanders am five feet. 5 we have a deck that as iE goes around the corner Df the house facing wesE -- that's almost rosE, 6 okay, 1E then exceeds it says seven feet here, hue you're telling us eight feet because E assume the ieck is seven feet but you have that little bit ef overhang and sc Dn and se forth. So it could be 8 as much as e~ght fee£ okay, which we appreciate be2ause we wane the max. okay, but we're nee 9 surveyors, and it's only gomng mo be that final survey that you're going ~o have Ee submit Ee the 10 Building DeparEmenE anyway, which ms going Eo fall within the camegery ef the 32 feet that you're 11 requesElng mn reference to a setback. BOARD MEMBER ORLANDO: Maybe it will be 12 moved by then. BOARD MEMBER TORTORA: I've lost 13 something. We have the survey now, right? CHAIRWOMAN OLIVA: Rmcht. BOARD MEMBER TORTORA: What is hOE on here ms the 32 feet setback. 15 BOARD MEMBER DINIZIO: The 32 foot setback's en Ehere I'm -- 16 CHAIRWOMAN OLIVA: But then they agreed cc move the smamrs back further. 17 MR. TOMAN: The sEamrs will be sunk in. it will be 32. BOARD MEMBER TORTORA: I'm writing 1~. and if the Beard lencurs, i'm going Ee write it 32 19 feeE an its closest me the front preperEy line as certified en the survey; is that what you're 20 asking for? BOARD MEMBER GOEHRINGER: Th~E's what 21 we're asking for. BOARD MEMBER TORTO~A: Okay. 22 BOARD MEMBER DINIZIO: That's fine. MS KOWALSKi: I jusE had m ]uesElen, hhe 23 survey shows it's 30 feet nee 32. HRS. TOMAN: Taking the seeps euE. 24 MS KOWALSKI: If you build ehe seeps inside the lock, hew are you going ~o ~eE sue Df 25 the house Ec go enEc the deck? BOARD MEMBER TORTORA: That's their April 22, 2004 28 1 2 architectural problem. HR. TOMAN: We'i1 work lm oum with 3 architect. Chris Krause. We'll work it ouu. If we have co, I said I'll fli~ the seeps Eo zhe side % if I have £e. 32 is the number, 32's the number. I won'u be any closer. 5 MS. KOWALSKI: I understand, thank you. 2HAIRWOMAN OLIVA: Is there anybody else 6 that would like me speak en this application? If neE. I'll close the hearing and reserve decision until later. See mlnuEes for resolution.' CHAIRWOMAN OLIVA: Next hearing is 9 Francois and Suzanne Latapie. We need ~ resolution ~¢ ~djourn mm. 10 BOARD HEHBER GOEHRINGER: So moved. MS. KOWALSRI: It's going ~o be the June 11 meeemng. See minutes for resolution. CHAIRWOMAN OLIVA: Next application ms 13 ~or william Bauer Dn Skunk Lane. He wishes build an accessory aparmmenm, sir. 14 CHAIRWOMAN OLIVA: You wan~ an accessory aparnmenn, no~ a bed and breakfast; is that right. 15 an accessory apar£ment? MS. KOWALSKI: Es this a one bedroom? 16 MR. BAUER: Yes. BOARD HEHBER TORTORA: It's a eno bedroom. 17 and I have no problems with th~£. If you woulJ ]use let me go through something eo verify with 18 you. Square fooE of the existinc- house is 2.038 s~uare feet? 19 MR. BAUER: Yes. BOARD MEMBER TORTORA: You're going 20 have a one bedroom 620 square foot accessory apartment? 21 HR. BAUER: Yes. BOARD MEMBER TORTORA: Parking, I see you 22 have ~wc driveways, actually, you have the unpaved driveway and the shone driveway; zs the shone 23 driveway sufficient sc that a car could nurn around in there and wouldn'E have no back put? 24 CHAIRWOMAN OLIVA: No. MR BAUER: NC, it zsn'~. But the 25 driveway ms the double wide with exura it's probably -- a car's about seven feet wide. I'd April 22, 2004 29 1 2 say it's close to 2HAIRWOMAN OLIVA: I drove in and E 3 couldn'm turn around. MR. BAUER: I wouldn'~ turn ~round. T 4 ion't turn around in the iriveway that E use. 2HAIRWOMAN OLIVA: Right. 5 BOARD MEMBER TORTORA: And the Dmher driveway, what do you use the othes driveway ~or? 6 MR. BAUER: That's my access me that side Df mhe house. BOARD MEMBER TORTORA: Fhe unpaved driveway will be for your personal use? 8 HR. BAUER: Yes, they're both the same, ~ctually, they both have smone on them. 9 CHAIRWOMAN OLIVA: Are you done? BOARD MEMBER TORTORA: Dc I have mo be? 10 CHAIRWOMAN OLIVA: Ne. BOARD MEHBER TORTONA: Just a couple 11 ethers. When was the house built, sir? MR. BAUER: Around 1840. 12 BOARD MEMBER TDRTORA: Thank you very much. New I'm done. 13 CHAIRWOMAN OLIVA: Jim? BOARD MEMBER DINIZIO: Nc, I don't have 14 any quesmlons. BOARD MEMBER OLIVA: Vincent? 15 BOARD MEMBER ORLANDO: Ne questions. I visited the site. heek the Eeur. the nickel meur. 16 CHAIRWOMAN OLIVA: You go~ the nickel tour? 17 BOARD MEMBER ORLANDO: I did. CHAIRWOMAN OLIVA: Jerry? 18 BOARD HEHBER GOEHRINGER: On the plan, Hr. Bauer, leaking at the house standing mn front 19 ef ~m mc the left side, the apartment is actually downstairs me the left side~ is tham correct? 20 MR. BAUER: Fhat's exactly right. Yen walk in the center fronu deer, then you're in the 21 living ream, and I'm going to put ~ little partmtlen u~ me partition mE off. There's an 22 archway between the living room and the dining room right now I'm going from that archway 23 sur~ight bum and across uc the wall te leave the sEa~rcase, that's for the whole upstamrs of the 24 house on my side. BOARD MEMBER ~OEHRINGER: And the entire 25 upsma~rs and whole r~ght-hand side ef the house is all owner-occupied? April 22, 2004 3O 1 2 MR. BAUER: Yes. BOARE MEMBER TORTORA: You're going ~o be 3 upsmamrs? MR. BAUER: Yes. 4 CHAIRWOMAN OLIVA: Any other questions? Is there anybody in the audience that would like 5 mo speak for or agamnsm this application? If nee I'll close the hearing and reserve decision uetil 6 la.er. See mmnutes for resolution. CPL~IRWOHAN OLIVA: Thank you, smr. 8 MR. SANTACROCE: This is on the ~pplication ef Sanmacrece again. I jusm wanted me 9 make clear. I fuse spoke with Arlene again, that's the architect am Penny Lumber 10 C~AIRWOMAN OLIVA: This ms for Santacroce. 11 MS. KOWALSKI: This is Dn the application of SanEacroce. 12 MR. SANTACROCE: Joseph Santacrece again. The total square footage ef the house was 3,100, 13 the first floor aparmmenm was 1,04£ and the primary residence was 2~070. She said the total 14 square footage was me add these mwe £ecether. BOARD ~EMBER TORTORA: Tell you what. 15 because you have submitted mwe sous ef plans. ~nd we would like me ace en ~his am the nexm meeting, 16 me would really be me your benefit me ~ctually jusm pum ~m mn a Dne page letter me us so that we 17 have ~11 the facts mn the record. CHAIRWOMAN DLIVA: Exactly the way that 18 you're going me have mm. HS. KOWALSKI: As changed. 19 MR. SANTACROCE: When would you like that? 2HAIRWOMAN OLIVA: As soon as possible. 20 MR. SANTACRDCE: I could probably gee it back me you today. 21 CHAIRWONL~N OLIVA: Within a week because we don't have our meetmng until Wednesday but 22 nevertheless, it shuuld be accurame because if somebody comes and looks am mm years from now and 23 mt's mnaccurame. MR. SANTACROCE: That's why E wanted mc 24 go talk ~o her today. BOARD MEMBER IOEHRINGER: That was that 25 £o~al again? MR. SANTACROCE: She told me the first April 22, 2004 31 1 2 floor ~partmenm is 1.040.4. then the primary residence zs 2,070 square feet. She said if you 3 ~dd those ~wo numbers mogether, that gives you the £otal square footage of the entire house. 4 BOARD MEMBER GOEHRINGER: 3.050? MR. SANTACROCE: Okay. And the garage was 5 49{. I'm nee sure if that's included in the square footage. That's nom livina space 6 BOARD MEMBER GOEHRINGER: 3,150. BOARD HEMBER TORTORA: 3,125. BOARD MEMBER GOEHRINGER: Richt. BOARD MEMBER DINIZIO: What is the 8 exmsulng? MR. SANTACROCE: She iid non gmve me the 9 existing. BOARD MEMBER DINIZIO: If yon 2ould get 10 that. MR. SANTACROCE: I will io that and I'll 11 gee that back me you guys. MS. KOWALSKI: The Beard won'm be meeEmng 12 Ec vome on it until May 6th. ~R. SANTACROCE: I'll 13 seen as possible, thanks. 14 CHAIRWOMAN OLIVA: Phis is now ~ hearina for Locke McClean, Fishers Island, who's had a few 15 changes over the year. Mr. Lark? MR. LARK: Hi, Richard Lark. Main Read, 16 Cutchegue for the applicant, good merninc. As stated in the published notice, this is 17 a rehearing in srder me correcu a misunderstanding of Appeal Number 5388, which granted a front yard 18 variance from the environment BOARD MEMBER TORTORA: Madam Chairman, ms 19 mnls a rehearing? MR. LARK: Yes, ma'am. 2{ CHAIRWOMAN OLIVA: They've changed £heir -- 21 BOARD MEMBER TORTORA: Then the Board has me veEe to hear 22 MS. KOWALSKI: The Beard hasn't voted en the rehearing, it was your requesm for mE sc i£ 23 was advertised like a new application, so that you could puE the prio~ infsrmatmon mnmo ute record. 24 It wasn'~ voted on as a rehearing. BOARD MEMBER TORTORA: We need the 25 unanimous vome of the Board me have a rehearing. MR. LARK: Okay, well it really is a April 22, 2004 32 1 2 rehearino BOARD HEHBER TORTORA: Okay, want me do 3 mt, Ruth? MR. LARK: -- in reality. BOARD MEMBER TORTORA: I'll make a me£1on to rehear the applicatmen ef Locke McLean. 5 Application Number 5388 See minutes for resolution. 6 MR. LARK: Sorry, I was rushing. I had assumed that that was what was happening. That 5888 did, in fact~ in hhe resolution granm a front yard variance from 55 feet me 27 and-a-half feet 8 for the prepermy for an ~dditien, attached addition en the northerly side of the HcLean's 9 house. The Beard will recall jus£ looking quickly am the surveys there's three front yards en this 10 preperuy, and se en the northerly side, which is on the gloaming, which was mhe subjecm of the 11 prmer appeal, prier applicatmon. There was confusion in the hearings, lu 12 was mwo, we had September and a Decembe~ appearance before the Board. and there was a 13 little bmm ef confusion from the original application because the original application, if 1% mhe Beard will recall, was for a detached garage with m 15 feet setback And after discussions 15 with Hrs. McLean, who is here today, and members ef hhe Board, while yau were visiting the propermy 16 in Fishers Island and what ieveleped am the Beard hearing, was hhat due mo the proximity of that 17 detached garage, primarily due me the prexmmity ef mm mc the gleaming bein~ snly 15 feet away, the 18 Beard was reluctant mo in effect 2reame a possible traffic hazard. So the applicant was told, gc gem 19 look see if you can ie any alternative relief. Check with the Buildinc Deparmment. I took Hrs. McLean ~hat very day ~n September mo the Building Deparmmenu and there was a lenc- 21 discussion with the building mnspec£er as mc what was living space what was ne£ livin~ sp~ce, what 22 would be required, because if the Beard will recall, there was a greenhouse mn the orloinal 23 application and the question was could that he ~ se~ue ~s parm }f living space from the ~ttached house me the livinc space, the addition. After the planners and her designers and hhe Building 25 Deparmmenm discussed, and in concerm with Mr. Hornin~ it was decided, you better net do it April 22, 2004 33 1 2 nhat way, lush antacN the building itself right co the exlsnln~ house. 3 So ~n amended application, if yen would, was then presented in December and therein was the % confusion as to whether this attached s~ruc~ure would, in fact~ be ~ ~arage, would be par£ ef the 5 house, parn ef living space er was snerage~ lush when was going no happen. And the record ms there 6 before ypn, nhe mmnnnes, and I thought it was 21ear, but apparently it wasn'n clear because you're gemng kc be very pleased no knew -- ~nd I lid non knew this that the Buildin~ Depar£menn 8 reads your en£ire write-up when you de ~n ~ppeal. I only thought they dealt with ehe 9 ~ctmon. you knew what you reselved~ what you ~pproved or disapproved because when this problem 10 came up ef attached living space er a garage, lust what, the building mnspecner saidj yeah, you 11 the variance, but I think they gave in nc you for the garage that's what mt says mn the smanemenn of 12 facts; they didn'n give mm ~o yen for nhe living space, and nhat's a chan~e in use from what you 13 applied for. Se I said there's ne driveway, there's ne 14 anything. I said okay, you're reading the whole thing, so he read the whole ~hin~ ~hat ~n was nam 15 what I thought mn was an any nlme what Mrs. McLean thought mn was. Se after consultation with your 16 clerk and looking up things, I thought the best way ne ~o was ne petition for a rehearing nc 17 stramohten GUn the problem because I was totally unaware that ne mamner what yen pum in that. in 18 your wrmne-ups as yen call them, he reads the whole thing very literally and he lnnerprens it as 18 pare ef the overall, even though the resolution might be different from what you pum en before. 20 It was an interesting thing mhat I learned GUn Df the ~recess, and I jusm wanted mo make you aware 21 ef it that they read the whole thin~. I knew they're pn the same ~mece of paper. It's lush I 22 knew anmerneys lus~ read the resolution, what did they grann, what they did nom grann. 23 MR. LARK: That's in. So mn any evenm, that's why we're here, and mn the process over the 24 wmn~er, I had another occasion nc talk no George Hornmn~ ~nd I ~sked leorge, did I misunderstand 25 things and everything and he said. ne, you iidn'e. He said. he kee~s records ef everything. April 22, 2004 3% 1 2 He said I'll write a letter ce the Beard nnfcrtunately, he had some surgery and I guess it 3 ]us~ came in yesterday er the day before and when I looked am ~m, ~nd basically he had and I have to not cerrec~ him. but pomn~ eu~ co yen that he uses the word "inhabitable~' as occupiable~ 5 whereas I think as under Mr. Webster's definition it's habitable. Bet he calls it inhabitable 6 because zn my conversations with him~ he mn the second paragraph -- en the first paragraph en the second page, he used the words "a new inhabitable addition. But I know what he means by it. I 8 jus~ wanted ~o clarify 1~ be2ause he's used that word with me several times, so I jusE thought I'd 9 pass that on in candor ~o you So me clear up that's why we're here~ the 10 whole purpose was, as ne the use. as it turned oum wzEh the designer, they were gemng ~o leave the 11 exmsczng garage because there was no safeEy issue due mc ute ways the cars came in. they came in 12 parallel ~o the ~leaming and sc it was always en site. the driveway. Se there was none ef this~ if 13 yen would back eun en co the public road. and they were gezng ~o then use that building for what. in fact, ~ always was used for before; i~ became a smerage area, and that was a garage. And Ehen due 15 ~c the £opography ~o the way the addition attaches cc the house, mn othez words, the road commnc up 16 en that franc yard ms much lower as it approached the house, it was ~ na£ural co pun a basemenE in 17 there, which would have been the floor ef the orzginal garage applicatmon Se that will be the 18 snerage area, and then habitable er living space, which is an addition ~o their home, will be Dn the second floor. I attached -~ the designe~ gave you a sketch of where the elevations and what the 20 fleer plan would look like, what you approved in the prmor variance. 21 Se it's basically that we're here today ~o clarify a misunderstanding, and I guess I'm 22 equally ~uilty. I probably should have made mE clear in that December thing because the Building 23 Deparmmenm has mnmerpreted It as, no, you got a variance, you can build it but you've gee mo use 24 it as a ~arage. That msn't what the applicants amended their petition for, and Hrs. McLean is 25 here today if I left eum something because she parEmczpated actively, nee only talking mo April 22, 2004 35 2 Mr. Hernmng, but I think some ef the members the Eoard while you were sn-sl£e and took all of 3 your concerns in, and that's why she changed everything, hopefully, ce accommodate_ 4 Sarah. do you have anything mo ~dd? MS. MCLEAN: No. nothing, other than just 5 me a~ologlze for not having gemmen ce the December meemln~. Unfortunately, mhe ferry was canceled 6 that morning, which ms why I was unable mo gem here. I hope you all understand that what we're new mrymng mo ~pply for and what we're urying me gem a permlm for. 8 CHAIRWOMAN OLIVA: My understanding for ehe new addition it's ~eing me be living space 9 upsmamrs, and storage downsmamrs. MS. MCLEAN: And netting mc do with a 10 garage. CHAIRWOMAN OLIVA: And the ormginal 11 garage that we saw down there is going mo s~ay there? 12 MS. MCLEAN: Going me smay as mu's always been and as ~ mhink Hr. Lark pointed eum, as ne 13 issues jusm safety CHAIRWOMAN DLIVA: Safety because you're 14 coming parallel. MS. MCLEAN: This ms considerably further 15 setback from the road ~han our original separaEe building ~hat we had proposed, but unfortunately, 16 because we have these three front yards, we still need some serm ef variance. 17 BOARD MEMBER GOEHRINGER: Ruth, can I gl on this Dna since it's my application? 18 2HAIRWOMAN OLIVA: Sure BOARD MEMBER GOEHRINGER: Mr Lark, mn 19 lescribing the new addition, how are we gemng mc describe it in reference ~o livinc ~rea2 Are we 20 gomng me describe it as a one-smery, a sne and-a-half smory? 21 MR. LARK: That's a geed quesmmen. BOAR£ MEMBER GOEHRINGER: Because. Mrs. 22 McLean, you're a very nmce lady and we would iearly love me cema back me your house ~gain ~nd 23 see that magnificent swmmmmng peel like we did last year; however, we don't wan£ ~o make this any 24 mere complex than ~ ~s. MR. LARK: It's a geed point, would mu be 25 clarified if you dealt with the builder and everything. Is mE a smery and a half er _usc a April 22, 200~ 36 1 2 one-s~ory? One s~ory with a basement. MS. KOWALSKI: Raised basement euE ef the 3 ground. BOARZ MEMBER GCEHRINGER: But the floor 4 ~beve has ~ cathedral ceiling in in because you have dog house dormers in the frcnE of lE, and in 5 the rear of rE, which is a shed dormer Ec add light ~e the ceiling ef nhe house above. So we 6 really probably should call nhat a one and-a-half s£ory. 7 MR. LARK: That's what [ thoucht. HS. MCLEAN: You don'n have Eo counn the 8 basement? BOARD HEMBER GOEHRINGER: Ne. 9 MR LARK: That's what I thought. understand 10 BCARD MEMBER GOEHRINGER: We should refer nc that as a one and-a-half sEery because if we 11 don'E refer uo that as acne and-a-half story, the Building Depar£menE's going ue lnuerpreE it -- 12 HR. LARK: New that I uhink about it, in that senEexE you're absolutely right, did you dc 13 the reef line it's because the builder was messed up ~s no how he was just going ~o do the roof 1~ line. 2HAIRWOMAN OLIVA: Is that going ne be a 15 flat roof? MR. LARK: No gable ends. Se ~ matches 16 er blends. MS. KOWALSKI: So zt's a raised basement 17 with a one and-a-half suery en me~ of that, right? HR. LARK: Right. 18 BOARD MEMBER GOEHRINGER: Cathedral ceiling, no floor but a eno and-a-half suery I'm 19 going Ee say no fleer on second sEery? MR. LARK: No. Because it's just the one 20 window en the end as you saw. BOARE MEMBER GOEHRINGER: Se the only 21 thinc you'll have there is you'll have beams going across. 22 MS. MCLEAN: I'm not sure it's ~oing ne be that high. My husband and I beth den'£ like the 23 idea of it being that high, but 1e will be more than jusE ~ nine foot ceiling; lu will be higher. 24 BOARD MEMBER GCEHRINGER: Okay. CHAIRWOMAN OLIVA: Vincent? 25 BOARE MEMBER ORLAiqDO: Nc quesulens. I remember the slue. I remember the architectural April 22, 2004 37 1 2 irawin~ was very beautiful, nice drawing. Well lone. What we consliered with what you started 3 w~nh on the ~ther side of the garage, mn was D ]ob well done. I'm sorry about the misunderstandino 4 in the ~nnerpreEaElon there. MS. MCLEAN: George, in his letters ms 5 somewhat critical Df us for non applying for what we wanted right from the beginning, and I'm afraid 6 that was a lot of the misunderstanding between us. our builder phi leorge. We didn't have fair Ddvice in the beclnnlnc- that we could attach in. We thought jusn the Dpposite. that we weren'E 8 allowed To aEu~ch ~n, which is why we wasted -- MR. LAt~K: To amplify that this was the 9 Dpplication where they moved the house from cff the one road, which was gennzng bombarded with 10 ~olf balls, they had Eo move it ~o the other side. if you remember. They had nc gee a variance for 11 thaE. That's why the old garage was there and everything else, and what she's saying is Eoc, the 12 Building DeparumenE was quite uritical when the Bcerd approved it Dnd wouldn'n allow anything 13 because of this darned three front yard concepn. Sc they were up againsn it, then. no make manEers 14 worse, was the ease side they ieemed as the rear yard. 15 MS. MCLEAN: Then we had problems getting our swimming pool ~n. Anyway, I'm sorry you've 16 seen us so much over the years. CHAIRWOMAN 0LIVA: It's been a pleasure 17 ne see you. MR. LARK: That was the difficulty. Se 18 because ef the three front yards, it gee Ec be a nightmare. 19 CHAIRWOMAN OLIVA: Lydia? BOARD MEMBER TORTONA: I'm very happy ~o 20 see you again. I hope that we will non see each other for quite a while. I don'u have any 21 quesElons. It was clearly my understendinc the m~nunes, that if you wanted no attach 1E Ec the 22 house, basemenE part of the main dwelling, pare of the principal dwelling, in was nc longer accessory 23 or anything else. HR. LARK: The lesson really Eo be 24 learned Ds thee I never realized that this Building DeparEmenE reads every ward you pun down 25 and if anything is sublecE Ee how they wane ne znuerpreu zE, even if it's non in your April 22, 2004 38 1 2 resolution -- legally, it's the resolution that ceunms non all the verbiage before, and I pointed 3 that oun, and it was lust washing my breath. And, ef course, she's had the added expense of nhe rehearing application and all the Dther stuff, and it's kind of unfair. But we gdt 5 no straighten it ou£ because they won'E budge. Zt's an unfortunate situation. She should get her 6 money back, but E don't know if you can do that. BOAR~ MEMBER GOEHRINGER: NO~ Town Beard. MR. LARK: I know you have te apply no 8 nhe Pawn Board, mhd ~he leesn't want to make any mcre of a big deal ef nhis than we have here. 9 If there's no quesnmens, then I nhank you for your consideration. 10 CHAIRWOMAN OLIVA: Just let me ask Jim BOARD MEMBER DINIZIO: Ne, I fear saying 11 anything that she may have ne come back here again, so 12 CHAIRWOMAN OLIVA: Okay. I don'n see anybody mn the audience, so I'll close the hearing 13 and reserve decision until later. See mlnunes for resolution. Whereupon, a lunch recess was taken. 15 CHAIRWOMAN OLIVA: Do I have a motion ne reoonvene? 16 BOARD MEMBER 3OEHRINGER: Se movee. BOARD MEMBER OLIVA: Second. Ail in 17 favor? Whereupon, all Beard Members responded mn 18 favor. BOARD MEMBER OLIVA: Opposed? Sc moved 19 Our nexn application zs George Anasnasiadis. How are you this afternoon7 20 MR. ANASTASIADIS: Pine. thank you. CHAIRWOMAN OLIVA: You wane ee pun en ~ 21 deck and you will exceed yeuz let coverage by one percent? 22 MR. ANASTASIADIS: Right. CHAIRWOMAN OLIVA: The proposed deck is 23 no the rear Df the building and hew laroe is this lock? 24 MR. ANASTASIADIS: 10 by 33. CHAIRWOMAN OLIVA: Jerry? 25 BOARD MEMBER GOEHRINGER: I have nc look mE tham. For some snrange reason I'm ouE of the April 22, 2004 1 2 file. I'm gozng to l¢ok over your shoulder. If you would call me back. 3 CHAIRWOMAN OLIVA: Okay, Vincent? BOARD MEMBER ORLANDO: As I 2an see here 4 you're having a proposed addition plus a deck? MR. ANASTASIADIS: Yes. 5 BOARD MEMBER ORLANDO: And the deck is what puu you over the addition? 6 HR. ANASTASIADIS: Yes. BOARD HEMBER GOEHRINGER: The ieck zs net Ec be enclosed, ccrrect? The lock will remain open ue the sky? HR ANASTASIADIS: Yes. BOARD HEMBER ORLANDO: Ne quesuzons ~E 9 this tmme. CHAIRWOMAN iLIVA: Lydia? 10 BOARD MEMBER TORTORA: No. CHAIRWOMAN £LIVA: Jzm? 11 BOARD MEMBER DINIZIO: No, noE a thing. 12 BOARD MEMBER CRLANDO: What zs the percenEage? 13 CHAIRWOMAN DLIVA: Just Dne percen£ over. It's nee a -- 14 BOARD MEMBER ORLANDO: Oh, one percent? CHAIRWOMAN OLIVA: Yes. 15 BOARD MEMBER ORLANDO: Sc you're going ue rereuEe your driveway or move it around? 16 MR. ANASTASIADIS: Ne. The driveway sEays where it is. Probably I will have uo gc a little 17 bit around. BOARE MEMBER ORL~kNDO: But you don't plan 18 en speeding in your driveway then? Sc it should be okay. 19 MR. ANASTASIADIS: Never de CHAIRWOMAN OLIVA: Is there anybody zn 20 the audience that would like ue speak for er agalnsE this application? If nou. I'll close the 21 hearing, reserving decision until later. See minutes for resolution. 22 BOAR£ MEMBER OLIVA: I'll let you knew, we have bur special meeting May 6th, ~nd Ehen 23 within a week ue 10 days you should have zu ~n writing, but you can call on the 7th, and then 24 know it's ~E least approved, and then take z£ ~o the Building DeparnmenE a week ~o 1~ days after 25 that. MR. ANASTASIADIS: Thank you. April 22, 2004 1 2 2HAIRWOMAN OLIVA: You're welcome. 3 2HAIRWOMAN OLIVA: Next hearin~ is for Mr. Remanelli en Cedar Beach Road wanus ee ~dd en to an existing dwelling which will be less than feet on ~ single side yard. 5 BOARD MEMBER ORLANDO: Is anyone here representing Mr. Romanelli? 6 CHAIRWOMAN OLIVA: Yes. Mr. Samuels. There's a let of renovation. 7 MR. SAMUELS: Really lusu cc answer any quesulens unless I can hel~ ee understand what 8 we're looking to do there. BOARD MEMBER GOEHRINGER: Want me £e 9 start? CHAIRWOMAN OLIVA: 5o ahead, Jerry 10 BOARD HEMBBR GOEHRINGER: Mr. Samuels hew are you today? 11 MR. SAMUELS: Very well, thank you. CHAIRWOMAN OLIVA: Beautiful spou. 12 BOARD MEMBER ~OEHRINGER: It's a magnificent speu Do you notice that there's 13 little leg in the northern, I ~uess we're ~o~ng ~o call that the north side. 14 MR. SAMUELS: Yes. BOARD MEMBER IOEHRINGER: There's no 15 change in the degree of non-conformities en that side~ is that correcE, other than the fact that 16 we're going ue the primarily second s£ory? MR. SAMUELS: Yes, there is a second 17 sEory by the former definition Df ~ncreasing non-conformity. I would say ne. we are addinc 18 also intc that setback yard, but we are doing sc uo a lesser exuenu than it ~s currently 19 non-conforming. But by the Buildinc DeparumenE's iefinitien, we are increasing the non-conformity 20 BOARD MEMBER GOEHRINGER: That's that little perch that I'm looking au that's actually 21 sticking eu£ there r~ght now? MR. SAMUELS: Which we're nee touching 22 that, rlght, that jusu all sEays the way ~t ~s and Dyer the exlstlnc, there's ~n exlsulnc second 23 floor but we're rebuilding that. hhere's extremely low head room in the existing second fleer, se we 24 would like £o reframe ~u so he has eight feet. CHAIRWOMAN OLIVA: Se he can stand up. 25 MR. SAMUELS: Yes, John's preEEy tall. And then we're extending also a little bit towards April 22, 2004 1 2 the bay, which ms less encroaching than the existing encroachment, but still is mn the 3 required side yard setback. CHAIRWOMAN OLIVA: Se you're removing 4 that existing screened pooch, then you're going ~e build ever that ss juse take it out? 5 MR. SAMUELS: We're taking lm eum, and we're building a new porch -- a new portion ef the 6 house, which is a little bit bigger I think the exmsmmng screen perch is something like eight feet wide and we're going ee 12. CHAIRWOMAN OLIVA: Okay. 8 BOARD HEMBER GOEHRINGER: I ion't have anything else. Ruth. 9 CHAIRWOMAN DLIVA: Vincent? BOARD MEMBER ORLANDO: No other 10 quesmmens. CHAIRWOMAN OLIVA: Lydia? 11 BOARD MEMBER TORTORA: I den'm have ~ny questions. 12 CHAIRWOMAN OLIVA: Jim? BOARD MEMBER DINIZIO: I have some. 13 The existinc- weed frame showes enclosure ms ~emng to remain? 14 MR. SAMUELS: Yes. BOARD MEMBER DINIZIO: What ms the 15 distance there mo the side yard? MR. SAMUELS: Six feet nine and-a-half 16 inches. BOARD HEMBER DINIZIO: So that's the 17 MR. SAMUELS: The funny way that line comes. 18 BOARD MEMBER DINIZIO: The odd what's that six -- 19 MR_ SAMUELS: 9.65 inches, it's the surveyor's program there, very accurame. 2{ BOARD MEMBER DINIZIO: Tha~ is inches or ms mhat 6.9 is it -- 21 MR. SYlMUELS: It's 6 feet, 9.56 inches. BOARE MEMBER DINIZIO: Ail these numbers 22 are a little odd mo me. MR. SAMUELS: When we work with the 23 surveyor's drawing, we leave their limits and their order ef magnitude. 24 BOARE MEMBER DINIZIO: So this new basement access door, is that a Bilco door? 25 MR. SAMUELS: Yes, it is. BOARE MEMBER DINIZIO: That's 10 feet ho April 22. 2004 42 1 2 that point, ehat's what that line indicates right slong side in. 3 MR. SAMUELS: That's cerrec£. Then our new addition is the 15 foot 8.39 inches, that's 4 the actual new structure that we're proposing. BOARD MEMBER DINIZIO: Okay, because the 5 arrow doesn't point no there. See the 15.87 CHAIRWOMAN OLIVA: Right. Zt pelnes ~o 6 the line BOARD MEMBER DINIZIO: It points ~o that line. but that is where -- that corner. HR SAMUELS: That's the corner ef the 3 actual building. BOARD MEMBER DINIZIO: That's the 15.8 9 whatever. Se you're nee going any closer ce the side yard. the existing side yard? 10 MR. SAMUELS: That's cerrece. BOARD MEMBER DINIZIO: Looks like you're 11 going a little bit away, the 1%.948~ that's the ex~en~ ef that ~ddition? 12 MR. SAMUELS: As an existing chimney, yes. 13 BOARD MEMBER DINIZIO: That's the chimney? 14 MR. SAMUELS: That's the chimney, yes. BOARD MEMBER DINIZIO: That's this 15 little jog? MR. SAMUELS: Little Einy leg, that's the 16 fireplace on the house. BOARE MEMBER DINIZIO: Mine doesn'n 17 point no that. IHAIRWOMAN OLIVA: Mine ieesn't either, 18 peinms mc a line. MR. SAMUELS: A line which ms equal Ee 19 that. That's a parallel line. ~ line parallel ~o the property line. 20 BOARD MEMBER DINIZIO: Ail r~oht that little dashed line there 21 MR. SAMUELS: That's r~ght. That's the way the sempu~er, so we can line them all up. 22 2HAIRWOMAN OLIVA: Ail rzght. MR. SAMUELS: Fully read the numbers. 23 Dtherwise they would tend ~o overlap ~ little bit. BOARE MEMBER DINIZIO: So your 2% ex~st~ng ~'m reading the notice sf iisappreval -- your existin~ zs 14.9 feet. hhat's 25 your exlstino setback, you have no intent ne zncrease that ~n any way? April 22, 2004 1 2 MR. SAMUELS: That's ccrrecco I would say t~at our exismmng ms 10.6S inches because that 3 ms cc that little - it's actually a bathroom. It's a little funny leg, that ms, · would say ms 4 the slesest recardless ef what the disapproval says. 5 BOARD MEMBER DINIZIO: Okay, se seven ~eem, 6.9 6 MR. SAMUELS: Right. I would say that's ~ smrucmure, and it shculd be considered existing. BOARD MEMBER DINIZIO: Ail right. I thought that really was you 2an't ge mnme it from 8 the house. MR. SAMUELS: Two things happening, 9 there's a shower enclosure, and then there's the actual shaded per£men of the bathroom, that 10 bathroom ms the par~ that's 10.6~ inches, that ms the setback of the closest encroachment Df the 11 exmstlnc smrucmure. BOARD MEMBER DINIZIO: Rloht. What the 12 shower parm MR. SAMUELS: The shower, it's really 13 lusm ~ fence. BOARD MEMBER DINIZIO: Right. I didn't 14 consider that. MR. SAMUELS: Right, I agree. BOARD MEMBER DINIZIO: But That's the seven - the 6.95 is me that shower? 16 MR. SP~dUELS: That s correct. BOARD MEHBER DINIZIO: Aild then me the 17 other ms 10 feet? MR. SAMUELS: That's correct, yes. 18 BOARD MEMBER DINIZIO: So if you iiin'm have the shewe~ you would be 10 feet? 19 MR. SAMUELS: Correct. BOARD MEMBER DINIZID: I think ehat's ,~. 2{ Your lot coverage is ~ood, you're no~ mncreasmn~ anything. Removmng the screen ~erch that's lusm 21 you're gemng u~ with -- you're ~eing to puc the new addition en £e~ ef that. 22 MR. SAMUELS: Yes. BOARD MEMBER DINIZIO: And move that 23 porch sver co what the south? MR. SAMUELS: Yeah. basically it's in the 24 envelope. We're taking an existing deck and pulling ~ ou~, so we 2an extend that ether 25 recmangular dark shaded pertmen addition ~c the exmsmmng kitchen. April 22 200% 44 1 2 BOARD MEMBER DINIZIO: Okay, I'll leave you ~lone thank you. Tom. 3 MR. SAMUELS: You're welcome. CHAIRWOMAN OLIVA: Anyone in the audience 4 chat would like Eo speak for or against this ~pplication? Any other ~uesnzons from the Board 5 members? BOARD MEMBER GOEHRINGER: No. 6 CHAIRWOMAN OLIVA: I move that we close this hearing and reserve decision until later. See minutes for resolution 8 CHAIRWOMAN OLIVA: Next hearing is for the Corwlns, whc wish ce pu£ on ~ second floDr 9 addition on their home on Oak Street in Ireenpor~ seeking the same setbacks I believe. 10 MS. CDRWIN: Yes, in fact, the same footprint. This is Harilyn Cerwin for the 11 record. CHAIRWOMAN DLIVA: Would you jusE like ue 12 tell us what you're doing? MS. CORWIN: We're lusE going Ee add a 13 second sEery Dh, three bedrooms and a bathroom. It's hhe exacE same footprint, we're net going euE 14 anywhere. 2HAIRWONLAN OLIVA: Just going up? 15 MS. CORWIN: Just going up. CHAIRWOMAN OLIVA: Sounds good. Noisy 16 down there with the kids? MS. CORWIN: We have been there for 33 17 years, you don't even hear them, Dnce zn a while. BOARD MEMBER ORLANDO: You cheese nee Ee 18 hear them. HS. CORWIN: I like kids, the sounds ef 19 kids is okay. It's jusm time £e gee a little mere room. 2{ BOARE MEMBER OLIVA: Vince? BOARD MEHBER ORLANDO: Quick question I 21 have ~s, the first floor will sEay a masonry structure? 22 MS. CORWIN: Yes. BOARD MEMBER ORLANDO: And the second 23 fleer will be wood? MS. CORWIN: Yes. That's my builder. 24 BOARD MEMBER ORLANDO: I think it's ~ 2uEe design and best of luck with nhat. 25 MS. CORWIN: Thanks, Mr. Orlando. CHAIRWOMAN OLIVA: Lydia? April 22, 2004 45 1 2 BOAteD MEMBER TORTONA: No quesElons. 2HAIRWOMAN OLIVA: Jim? 3 BOARD MEHBER DINIZIO: Marilyn ~nd I've saL DNa few comml£uees Eogether. so I know that 4 kids don't disrup~ her. MS. CORWIN: No. 5 CHAIRWOMAN OLIVA: Jim, my sen used uc work out in her basement. 6 MS. CORWIN: So he knows how small it is. BOARD MEHBER DINIZIO: This is a house that I have personal experience with cencerninc my childhood. So ne sbjecEion aE all. 8 CHAIRWOMAN OLIVA: You really gee around. you knew that. 9 BOARD MEHBER GOEHRINGER: The ~uestion I have is are you going to cover the cemenn on the iI first story; are you going To make it all weed. what kind of siding are you planning on? That's 11 going Ee sEay? MS CORWIN: Yes. 12 BOARD HEHBER GOEHRINGER: You're going stucco 13 MS. CORWIN: Yes. HS. KOWALSKI: I just need your name for 14 the record. HR. FINNE: Pinna, Dan Flnne. 1~ MS. KOWALSKI: And your answer was? MR. FINNE: The bottom half is going 16 suay suucce, but it's going uc be like a barn wood that separaEes the p~ece the £ep from the bottom, 17 and the uep up it's going un be like one ef hhe v~nyl shakes. 18 BOARD MEMBER ORLANDO: Thank you. BOARD HEMBER ORLANDO: Is this the mesE 1S currenE survey you have, the i971 er de you have a mere currenE one? 20 HS. 2ORWIN: Yes, that's the mesu inrren£. 21 2HAIRWOMAN OLIVA: Is there ~nybedy in the audience that would like no speak for er 22 aga~nsu this application? Any further ~uesulons from the Board? 23 MS. KOWALSKI: I know Marilyn wanted menulen mne other fact that came up today, it's 24 brand new information that you ]use heard. MS. CORWIN: On my plans did you notice 25 that we had pun a deck on, but than was neglected somehow it was Dverlooked for the variance, but I April 22, 2004 46 1 2 don'E wan% Eo add that Eo this one, So I ]use wane you Eo know I will be comin~ back agazn. 3 We're going ~c go through the process ~galn, jus% 5e pun the deck eh. 4 BOARD MEMBER TORTORA: You like co pay us twice? S CHAIRWOMAN OLIVA: You waRE Eo pay twice? MS. CORWIN: I have ne choice. I den'E 6 wane co hold this up, because I mean 1E wasn'~ puE on srlginally. I guess everybody has ce be 7 notified the same way and all that. BOARD HEMBER DINIZIO: PEt the deck on. 8 MS. KOWALSKI: There's probably an additional fee ~nyway because it's an amendwenm. 9 It's ~ different relief with the deck with the Building Depar~menm. When you say there's no CC 1{ for the pre-built deck -- MS. CORWIN: Right. Sc that's what I 11 wane co do. I wane mo come back. I don't wane ~o hold this up with the thing we're doing now. so we 12 can forgeE about that. I'm going to 2eme back and ge through the process for the deck because we 13 lidn'm advertise for the deck. BOARE MEHBER ORLANDO: So you're gomng Ee 14 file for a building permit for the deck. MS. CORWIN: Right. They're going Eo 15 disapprove 1E. and we're gomng ~o come back. wrzEe letters ~o everybody again. I jusn wan~ you Eo 16 knew I'm cemmng back again. 2HA1RWOMAN OLIVA: We'd be delighted me 17 see you. We should Neld on£e these plans. MS. CORWIN: Han~ on mo them. 18 MS. KOWALSKI: If you need them back. we mmcht be able Eo remurn a few sees no you later. 19 MS. CORWIN: Okay. 2HAIRWOMAN OLIVA: I'll make a resolution 20 21esin~ the hearinc and reservmng decision until later CHAIRWOMAN OLIVA: Next hearing is the 22 Bartenopes on Yo~ngs Road in Or~ent. This is for basically putting a second s~ory on the existing 23 house, the existinc house has a 36 foot setback fr9m the read and you will continue that 36 feet? 24 HS. KPJ~MER: Yes, I'm Meryl Kramer for the record. I'd be ha~py ~o answer any questions 25 regarding this. It's fairly straightforward. I think that the addition is fairly modest. We're April 22, 2004 1 2 doing a ~able end. It's eight feet, and then the roof slopes back, then we're non doing a full wall 3 to the snreen~ and it's very much in keeping with e lot of the new renovanions that are happening in 4 the area. BOARD MEMBER ~OEHRINGER: You've 5 become the guru of Bayshore Road mn reference ~o your engineering here, you've lone most ~f these 6 on Bayshore Road. MS KRA~ER: Yeah~ but this Dne's non Bayshere Road. BOARD HEMBER GOEHRINGER: This is Drient, 8 right? MS. KRAMER: Right. 9 CHAIRWOMAN OLIVA: Any questions? BOARD MEMBER DRLANDO: No quesuion. I wane 10 sc verify that you're putting a modest second sEory on an exzsminc footprint? 11 MS. KRAMER: Correct. We're hOE going beyond the existing footprznE in the front. We 12 are going beyond in the rear of the house. CHAIRWOMAN OLIVA: But you don't need 13 MS. KRAMER: We don't need a variance for that portion of the work. 14 CHAIRWOMAN OLIVA: How high is that gomng to be mo the ridge, approximately? 15 MS. KRAi~ER: 26 feet. BOARD MEMBER ORLANDO: It says 26 on my 16 version. MS. KRAHER: I muse have an elder version 17 mn front ef me. It does slope back so the 26 feet isn'T actually aE the front wall. it slcpes back. 18 if you can leek am the elevation irawing, -reu can see. 19 BOARD MEMBER TORTORA: Es mt married up me the ether point }f the ridge? 20 MS. KRAMER: Yes. BOARE MEMBER TORTORA: It looks like ,~ 21 ioes. MS. KOWALSKI: Hmgher mn the back. lower 22 in Ehe front, right? MS. KRAMER: Correct. It goes up to ~beut 23 an emght foot plate height from the secsnd floor, then it slopes back. 2% BOARD MEMBER ORLANDO: You will be logistically challenged pu£mlng the garage mn the 25 back down that hill it will be fun mn the snow. MS. KRA~ER: They're going ~o do that aE a April 22, 2004 48 1 2 later date. It's not moo bad of a slope, but we lusE have ~o keep 1~ back from the front yard. 3 BOARD MEMBER ORLANDO: No other questions from me. CHAIRWOMAN OLIVA: Lydia? BOARD MEMBER TORTORA: No 5 CHAIRWOMAN OLIVA: Jim? BOARD MEMBER DINIZIO: Well I lusu wenu 6 ever your reasons. I guess they're fairly sound, I have a little trouble with this second fleer stuff, but that's nee your problem. The addition in the back doesn'T require anything au ~11 because yDu're nee violating anything. HS. KRA~ER: 2errect. 9 BOARD MEMBER DINIZIO: I den'~ have ~ny problem au all with this. It leeks ~e me that 10 thau reef, ~u's going £c be like a 2{ feet wall, then ±t searzs sloping back. The peak of that 11 recf slopes back. MS. KRAMER: Correct. 12 BOARD MEMBER DINIZIO: The shingled peru ef the second fleer, ioes that overhang in any 13 way? MS. KRAMER: Ne. It doesn't overhang, 14 ~t's flush with uhe -- BOARD MEMBER DINIZID: It's flush with 15 thau addition? MS. KRAMER: Correct 16 BOARE MEMBER DINIZID: It leeks like it does because it leeks To me like ~E's a reef that 17 slants up. MS. KRAMER: The overhang meeus the 18 ex,suing overhang, and ~z actually seeps back. BOARD MEMBER DINIZID: Dkay. So that 19 the existing setback ef 3£ some-odd feet Dr whaEever it is. 20 CHAIRWOMAN OLIVA: 36. BOARE MEMBER DINIZI~: Whatever ~u's 21 going uo be? MS. KRAMER: Correct. 22 BOARD MEMBER DINIZID: Thank you. CHAIRWCHAN OLIVA: A~ybody in the 23 ~udience wish TO speak for or against this ~pplicatien? 24 MS. KRAMER: I do wane uc make sure that you received copies ef the three letters from the 25 neighbors that were all in favor? CHAIRWDMAN OLIVA: One from Latham, April 22, 49 1 2 Mr. Jacobsen and his par£ner? MS. KRAMER: Right, and Mrs. Susan Utz 3 CHAIRWOMAN OLIVA: Susan Utz, rzght. MS. KRAMER: Okay. 4 CHAIRWOMAN OLIVA: If non, I will 2lose the hearznc and reserve decision until lamer 5 MS. KRAMER: Thank you. See minutes for resolution. CHAIRWOMAN OLIVA: Next hearing ms Meriam. Mr. Samuels, my first question zs how much bigger ,s this new pool house than the old one? 8 MR. SAMUELS: The old one is probably about 10 by 10, 100 square feet. This ms 12 by 9 24. which is 288 square feet, a little lower, but it's about 13 feet no the ridge. 10 Here the slnuatzon is peculiar in that the pool house can only be located or the accessory 11 snrusture -- only in the fronn or rear yard. Because ef the positIoning ef the house and the 12 wanerfront, these yards are nob useable. It's a five foot wite area which is theoretically the 13 fronn yard by their definition, and obviously you can't fit a peel house mn than. And in the rear 14 yard mn's taken up entirely by the 100 feet setback. 15 CHAIRWOMAN OLIVA: And you have mo take town all these trees? 16 MR. SAMUELS: Nc Just a ceeple of the arbcrvmnae they pun in. None Df the manure nrees. 17 I mean, those screen~nc nrees were pu~ in last year. 18 CHAIRWOMAN OLIVA: They're nice. MR. SAMUELS: They are. They'i1 be 19 moved_ CHAIRWOMAN OLIVA: Beautiful piece of 20 properny. MR. SAMUELS: Isn't ~t? It's an old 1920s 21 house. 8OARD MEMBER GOEHRINGER: It's the 22 original Audien esma~e, then they moved nexn door. Dr. Rich bought z~ and then, of lourse, operated 23 oun of there for his ennmre career. MR. SAMUELS: Right. We completely 24 resuored the house now. It's really n,ce. CHAIRWOHAN OLIVA: Very nzce. 25 BOARD MEHBER GOEHRINGER: Can I go en this one second? April 22, 2004 5O 1 2 CHAIRWOMAN CLIVA: Go ~head. BOARD MEMBER GOEHRINGER: Tom, we've been 3 kind ef getting away from this, but I need discuss with you the issue ef am least the 4 changing room should have a door open ~o £he outside so that window should be taken oum and E that door should be opened Eo the ouEslde se as nee ~o sreame -- this has nothin~ ~o de with your 6 client, okay, this is a generic statemenn from me. I'm non speakino for the Board the doer should be taken -- I don'm care if it's a door. if it's completely ~lassed }pen, mE doesn't make any 8 difference ~e me, but that should be opened sc as no~ ~o czeaEe a bunkhouse effect, sc Eo speak. 9 MR. SAMUELS: Rioht There was a bit of confusion in the Building DeparumenE when this 1£ first wane in because Dameon thought that was ~he lnmenEien. I told him it wasn't, and se he wanted 11 the wording changed in the kitchen -- we 2alled kitchenetme, he said no, mn has Em be called a wee 12 bar. and sc we did that. I think I undersEand that's where you're coming from here, and that 13 wouldn't be ute fizsE mime I heard that kind efa suggesElon. Although, they were ~atisfied with 14 the use Dyer a~ the Buildin~ DeparEmenE. mhe intended use. 15 BOARD MEMBER GOEHRINGER: No he~t? MR. SAMUELS: No haan. 16 BOARD MEMBER GOEHRINGER: No ~lr ~onditionlng? 17 MR. SAMUELS: No. CHAIRWOMAN OLIVA: Refrigeramor7 18 MR. SAMUELS: There will be a refrigeramor, little sink for drinks oum there. 19 CHAIRWOMAN OLIVA: Nc stove? MR. SAMUELS: No. It clearly is from our 20 standpo~nu, from the Meriams' standpoint, it ~bsolutely ~s an accessory use. They're 21 tntending ~o uurn in znEc a bunkhouse. CHAIRWOMAN OLIVA: It's a summer use? 22 MR. SAMUELS: Yes, it's for the pool. I mean. I know there's been an awful lot of 23 ~ccessory buildings converten illegally, but this lnseance I think ~t's almost physically 24 lmpessibke, ~n's really jusn nee small fen that. BOARD MEMBER GOEHRIN3ER: We're no~ 25 saying this client, E mean. they could sell the propermy. April 22 200% 51 1 2 MR. SAMUELS: Df course. I understand your point. 3 CHAIRWOMAN OLIVA: Vince? BOARD MEMBER ORLANDO: Nc ~ues£1ons. 4 CHAIRWOMAN OLIVA: Lydia? BOARD MEMBER TORTORA: I'm jusn reviewing 5 some Df the ccmmenms, nhe concerns of the neighbors and I think they should be placed in the 6 record. CHAIRWOMAN OLIVA: Yes. BOARD MEMBER TORTORA: Dna neighbor is concerned about propermy values in the 8 neighborhood, that this would possibly decrease it, another neighbor is concerned that waEer view 9 would be -- BOARE MEMBER GOEHRINGER: Would be 10 diminished. BOARD MEMBER TCRTOP~A: The same neighbor 11 was -- CHAIRWOMAN OLIVA: Leaching pools and -- 12 BOARD MEMBER TORTORA: Yes, that's the one concern I would ~sk you me address, the letter 13 Ehat the proposed leaching pool may restrict future location Df a well an this propermy and the 14 sugges£~on that the leaching pool be located as far from their proper~y line as possible. 15 MR. SAMUELS: Well of 2ourse that's the Health Department's review. 16 BOARD HEMBER ORLANDO: I think pu£ ~ by the existing enos. 17 MR SAMUELS: It's possible it could ge a little sleser nc the exisElng sues, ~ltheuoh there 18 is a separation requzremen£ there ~oo. I would say that they are about that close me putting 19 public waner down Marratooka Road and Bungalow Lane. I mean, it's the Water Authority intends 20 ~o. ~t's par~ of their new prolecu, they haven'E scheduled it yen, so £hat mssue will be 21 removed. And the Caines have said that they intend nc hook up as soon as im's available. But 22 it's zrue, the circle or 150 foot radius Joes partially cross their properuy. It's urue 23 BOARD MEMBER TORTORA: Is there some way that we 2an eliminate that concern? It does seem 24 no be a 2oncern in my mind au least. MR. SAMUELS: We can do the best we san 25 Eo ~ove iE as far away -- I can'm say aE the momenn because we're also respecting uhe san~nary, April 22, 2004 52 1 2 I mean £he wells }f the people on the D~her side of Marratooka Road, including the lady who wro£e, Mrs. Dalrymple, which had an effect on where the replacemenE sysmem wenm in the first ~lace for the 4 ma~n residence, which was fixed partly by our well. which was fixed by the nexm guy's san~Eary 5 up the road. MS. KOWALSKI: It's like a lomine? 6 MR. SAMUELS: It ms. CHAIRWOMAN OLIVA: Dnce you gee the public 7 water, you don't have Eo worry? MR. SAMUELS: And chat is I mean they 8 have naken it new all the way to the [irst read Dff I'm sorry, I can'T think of the name, zt's 9 a little private road me the left. CHAIRWOMAN OLIVA: Bungalow Lane? 10 MR. SAHUELS: It's the one before that en the left. 11 BOARD MEMBER GOEHRINGER: Buxton's PclnE. 12 MR. SAMUELS: Buxten's Point. CHAIRWONL~N OLIVA: Oh, they wene down 13 Buxten's Point? HR. SAMUELS: Yes. That's where zL 14 SEO~S. CHAIRWOMAN }LIVA: You're jusm about there 15 then? MR. SAMUELS: They intend mo take it iown 16 Bungalow Lane and Park Avenue~ and the whole neighborhood, but ~hey juse haven't scheduled 17 zn. They have the 50 percenn from what I understand from what's his name a~ the Water Authority. BOARD MEMBER TORTORA: People don't have 19 Eo s~gn up. MR. SAMUELS: That's nrue. BOARD MEMBER TORTORA: That's my concern. 21 MR. SAMUELS: We can certainly Ery. We can make every effort mo move it ~s far away as 22 McCaine's prcperEy and I certainly will guaranEee we will io that, we will move lm jusE as far ~s we 23 san. BOARD MEMBER GOEHRINGER: You're talkin~ ~bout the leaching pool? MR. SAMUELS: The leaching pool. 25 BOARD MEMBER ORLANDO: How close is their well mc your leaching- pool, obviously more ~han April 22. 2004 53 1 2 150 feet? MR. SAMUELS: Yes, zn is. I think it's 3 ~n their basement. And I would jusn also mennzon. by The way, nhis is, as a peel house, this ms 4 gomng to ~en very little use and the Health Dep~rtmenn standards, of 2ourse. are probably greatly in excess of the actual likelihood of leachate coming anywhere near their lot. But your 6 pelnn is well taken and I understand 2HAIRWOMAN OLIVA: BOARE MEMBER DINIZIO: I was also under the ~mpresslen that the reason you wenn nc the 8 Health Depar£men~ was that Ehe she proper~y weuldn'n effect the other. 9 MR. SAMUELS: That's correcu_ BOARD MEMBER DINIZIO: If they wanted 10 pun m well in, they would have ce go ce the Health Departmenn, the Health DeparnmenE would have this il Dn record, they wouldn't allow them Lo gc mn. MR. SAMUELS: Te be honest with you, I 12 don't knew if they would have te gc ne the Health DeparnmenE because it's an ex~s£mng residence, you 13 know, there ms kind efa grandfather SltUanlen_ BOARD MEMBER DINIZIO: Again, zne would 14 think that if they were ~eing Ee puEa well in. they would want nc de that nc knew what's nexL 15 deer. MR~ SAMUELS: You would think, ~nd 16 certainly nc nes£ the waEer, rmght. BCARD MEMBER DINIZIO: Yes. So I think 17 MR. SAMUELS: It's a valid concern on the parn Df the Caines. 18 BOARD MEMBER DINIZIO: I suppose you actually could -- 19 MR. SAMUELS: And we'll go lus£ as far as we can as per £he Health DeparnmenE regulations. 26 thcse are the ones that we're needing ~c satisfy, nam that we den'n need no satisfy you as well, but 21 regarding that sysnem an least BOARD MEMBER DINIZIO: Did I read 22 something that you were taking lown a windmill? 2HAIRWOMAN OLIVA: No. the pool house 23 looks as though -- the old one. MR. SAMUELS: Pat Richards works ~n my 24 Dffice, and it was her in-laws' house and she refers nc mn as the windmill because I think 25 Drmginally, the wells are canted in like khis. ~nd there probably was a snrucnure, a supersErucEure April 22, 2004 54 1 2 that wenE up co a windmill MR. SAMUELS: Like as a Komo¢inal 3 Point. It's no~ a windmill like Hook Mill or something. 4 MR. SAMUELS: It may have Drlginally produced pumped water for them. 5 BOARD MEMBER DINIZIO: Ail right, thank you. 6 2HAIRWCMAN OLIVA: Is there anybody mn the ~udience who wishes Eo speak for or against this 7 ~pplicatien? If non, I'll close the hearing and reserve decismon until laEer. 8 See mmnuEes for resolution. 9 CHAIRWOMAN OLIVA: Next hearing is Brandvold. Open the hearing for John and Harman 10 8randveld and they have requested an adleurnmenm cc June 17, 20£4. 11 HS. KOWALSKI: Are you here en the Brandveld? 12 MR WALDBRIDGE: Yes. HS KOWALSKI: The applicanE was asked te 13 gzve mere information Eo shew what the elevanmon designs would be Dn the house as it's bein~ 14 rebuilt, mnd she did nee have the information available. So the Beard basically recommended 15 that Ehe hearin~ be adlourned cc give them time. and it's been pum ever me the June meeEing, either 16 June 17th er June 22nd We have Eo check the calendars before we can give you an exacE date. 17 MR. WALDBRIDGE: Will I be notified? I live ad~acenE Eo the preperey, across the snreem. 18 MS. KOWALSKI: If you have already been gmven neEice, then what yDu should de is 2all our 19 office for the day in lune. Did you gee noEmce already? 20 MR. WALDBRIDGE: I lid. MS. KOWALSKI: So that's the only nonmce 21 that everyone gees. and since you're here. we're notifying you that it's on for the June calendar, 22 so Ehat is notice. MR. WALDBRIDGE: June 17th sr June 22nd? 23 CHAIRWOMAN OLIVA: Right, call nhe Dffice_ 24 MS. KOWALSKI: You can call us no confirm the time and everything. What ms your name and 25 everything? MS. KOWALSKI: What is your name, please? April 22, 2004 55 1 2 MR. WALDBRIDGE: Jim Waldbridge. MS. KOWALSKI: Thank you. 3 BOARD MEMBER ~OEHRINGER: I make a motion we g} for June 22nd. 2HAIRWOMAN OLIVA: Dc we have a motion ~e recess this hearing? 5 BOARE MEMBER GOEHRINGER: So moved. See minutes for resolution. CHAIRWOMAN OLIVA: I would like ce open up the hearing for the Cewans, who have a home en Smith Read North. and. unfortunately, their 8 foundation was puu mn a£ 8.5 feet instead of 10 feet. Mmss Wickham what would you like ce tell 9 us? MS. WICKHAi~: Good afternoon, Abigail 10 Wickham. Mattituck, representing the owners. As you can see from the application, the 11 Cowans did design a house, and goE permits for a house that met all the code criteria, all the 12 crlnerla of all the regulatory agenczes They had the foundation poured pursuann no the ~uilding 13 permit. And when the building ~nspecmor came Dun Ec inspecm it, he determined for the first time 14 that he thought there mmght be a problem with the flood plain, and so the Cowans hired an environmental consultant, who, in addressing the flood plain question, had another surveyor, 16 Mr. Ingegno, prepare a survey on the flood plain mssues. Well, it turned euE that hhe flood plain 17 was neu a problem and Mr. Andersen has smnce gommen a FEMA determination en that. However, we're here because it showed the eight and-a-half feet au the rear corner as insufficient. 19 We compuue that approximately as 48 ~c 50 square feet en each fleer as Dyer the line. and 20 it's about 1.4 percenu ef the total volume of the house. It was certainly inadvertent There ms ne 21 eno that would rather no£ be here than the Cowans, and we did try me cenuacE the nemghbors before the 22 hearinc jusu uc make sure they iidn'm have any ~uesElens Dr concerns, and some he was ~ble me 23 reach ~nd some he wasn't. So I'm noE going ne really say ~nything 24 mere unless there are other things that come up in the way Df quesmlens, but that's an explanation of 25 what happened. CHAIRWOMAN OLIVA: Jerry? April 22, 2004 1 2 BOARD MEMBER GOEHRINGER: This house ~s gomng mo be mwo-smory with ahis foundation? 3 MS. WICKHAM: Yes. BOARE MEMBER GOEHRINGER: The ennzre house 4 or? MS. WICKHAM: The exEensien portion that 5 you see the ermginal house will remain am eno story. 6 BOARD MEMBER GOEHRINGER: As you knew, if the Board is se inclined me granE this. Mrs. Wickham. the other side yard, we would really wanm ho remain completely open 8 MS. WICKHAM: They don'm have a problem wzth that as a covenanE Dr condition. 9 BOARD MEMBER GOEHRINGER: I shouldn't say we I. 10 MS. WICKHAM: Yes, that was somethinc- we had discussed previously that there would be no 11 further zncursion znmo the other side yard and also, I think I pum mn the application that 12 there's an evercreen screen that will either remamn or be improved upon. It's some old bushes 13 as I recall. So that will be screened on that side 14 BCARD MEMBER GOEHRINGER: Thank you. CHAIRWOMAN iLIVA: Vincent. 15 BOARD MEMBER ORLANDO: If I understand your ~cenario. the foundation was pum mn and mE 16 was surveyed and the foundation survey was submitted and it said 10 foot 17 MS. WICKHAM: The first survey, yes. BOARD MEMBER iRLANDO: -- showed the 18 foundation ~£ 10 feet. Then when you wanted Eo introduce or balk about the flood plain it was 19 resurveyed. MS. WICKHAH: Right. The environmental 20 consultant just go£ another surveyor me gc out and de it, having ne idea that that was going EC be 21 the issue. BOARD MEMBER ORLANDO: Sc mhe first 22 surveyor surveyed the foundation, and 1E was 10 foot front and back and the second surveyor found 23 1~ MS. WICKHAM: ~icht ~nd a~half. 24 BOARE MEMBER ORLANDO: So the first surveyor was ~ncorrect~ he made a mistake? MS. WICKHAM: Apparently. BOARD HEMBER ORLANDO: It happens April 22, 2004 57 1 2 sometimes. MS. WICKHAM: It does happen. 3 BOAR£ MEMBER ORLANDO: No ether ~uestlons. 4 CHAIRWOMAN OLIVA: Mrs. Tortora? BOARE MEMBER TORTORA: There's a fencing 5 ~n the adl~lnlng nezghbor's proper~y, and I see you have a row ef evercreens you're going ~o 6 extend that I presume, that's what you're talkinc about extending? MS. WICKHAM: We were going Ee malnEa~n them. They will certainly maintain the ex£en£ of 8 evergreens that are there now either, as I said~ the existing plantings or newer enos that micht be 9 a better screenzng, and they will be screenzng the line en that side back an least ~o the shed: 10 that correct? CHAIRWOMAN OLIVA: Yes. Because £hat 11 house is going ~o be ra~her hall on that side ~nd the nexE door nezghber, who has jusn the one-sEory 12 house MS WICKHAi~: Yes, they do wane ~o 13 ma~nEaln screening there for their privacy and the nelohbor's. 14 CHAIRWONLAN OLIVA: Lydia? BOARD MEMBER TORTCRA: I have no further 15 questions. CHAIRWOMAN DLIVA: Jim? 16 BOARD MEMBER DINIZIO: Ne. CHAIRWOMAN DLIVA: Is there anybody zn 17 the audience that would like to speak for er againsE this ~pplication? Hearing none, I'll move than we close the hearing and reserve decision until later. 19 See minutes for resolution. 2HAIRWOMAN OLIVA: Next hearing ~s Steve Axelrod and Sandra Schpoon£. on Ruch Lane that 21 little narrow let there7 MR. FOSTER: Yes. I'm Jonathan Pester, 22 Ets architect for Steve and Sandy Axelred. And this house is an existing house en the site, which 23 we're puEE~ng a half a sEery above that. 2HAIRWOHAN OLIVA: And yDu're 24 maznEamnmng the same setback. MR. FOSTER: Maintaining the same 9etback 25 all along, the roof, though, will be setback more on the south side because we're makinc some of April 22, 2004 58 2 what is existing reef lnee ~ flat roof ~rea, ~nd that's mes~ ~f what I had ee say right new. 3 2HAIRWOMAN OLIVA: How high is the roof going te be £o the ridge? % MR. FOSTER: The reef is de you have it en the plan there? 5 CHAIRWOMAN OLIVA: I think I'm missing something. No, I ien't think se. 6 MR. FOSTER: ~ have 15 CHAIRWOMAN OLIVA: 24 feet me the ~ep of the ridge. MR. FOSTER: It's 23'10", actually. 8 CHAIRWOMAN OLIVA: Vincent. de you have any questions? 9 BOARD MEMBER ORLANDO: Just a question en the deck that's staying }round level, there's nee 10 a second deck above that? MR. FOSTER: Fhere's ne second teck above 11 that. no. BOARD MEMBER ORLANDO: That's my only 12 quesnlon CHAIRWOMAN OLIVA: Lydia? 13 BOAteD MEMBER TORTORA: No questions. CHAIRWOMAN OLIVA: Jim? 14 BOARD MEMBER DINIZIO: Ne questions. CHAIRWOMAN }LIVA: Jerry? 1~ BOARD H~MBER ~OEHRINGER: Fhis is not a near down, this is a reconstruction ef the first 16 house, the sr~ginal house; is that correct? MR. FOSTER: We're taking off the existing 17 roof. We're hoe eearlng the house down. we're taking down the existing reef and putting a new 18 roof on the house, which allows es ee have a half seory above. IS CHAIRWOMAN OLIVA: Is there anybody in the audience who would like Ec speak in favor er 2{ against? MS. CLEMENS: Aoainst. 21 2HAIRWOMAN OLIVA: State your name for the record? 22 MS. CLEMENS: Yes. My name is Ann 21emens, I am the immediate nelchber ne the 23 northeast at 56{ Ruch Lane. I'i like ee give the Beard a copy of a letter ~nd ~ survey. I'd like 2% ~o thank you for you~ time today. This letter is in reference Ee the 25 proposed addition my immedi~£e neighbor me the easE. Sandra Schpoont, zs planning. In speaking April 22, 2004 59 1 2 with Miss Schpoont as well as revlewlnc the architectural drawincs that ~he supplied me with. 3 I have serious concerns recardinc- this addition. If a second sEory is added ue her 4 coEEage, my home will suffer a smgnificant decrease zn easnern morning light as well as my 5 vzew as Arshamomaaue Pond. upon which both homes are located. Both of my bedrooms ~re located 6 the easnern side of my home ~nd this wonderful morning light is a big pare ef why I enloy my home sc much. It is a maler value to the properEy representing- a significant selling polnu were I ne market my home Having this light greatly diminished by a second suery surucuure so very 9 close would significantly decrease my property's market value. The Schpoene architect. Jonathan 10 Pester, will Ery eo make a case for where the sun is Dn the shortest day ef the year. While I 11 respecu his exper£1se in the architectural world, as ~ person who has lived in my cetEage for years, 12 I knew better than he hew the SchpeenE addition would serve Ec hem zn er impinge en the sense ef 13 open waterside properuy that I have purchased my co££age Eo enloy. 14 As hhe Beard ~s well aware, the Schpeonu ceEEage is only seven feet from my propermy line. 15 In fact, the SchpeenE let was until 1975, my conEece's south side yard. The previous owners of 16 my preperny sold off this land in 1975 and their boathouse was pulled up from the pond and made 17 lnEO what is now ~he SchpoonE coEEage. I am providing the Beard with ~ copy of the original 18 survey done zn 193~ and amended in 1975. and thaE is what I have just presented. The proposed 19 addition ~o the SchpoonE cetEage will reach a ~enner ridge line height Df 23'10", significantly 2{ reducing my light and v~ew. Host ef the hemes en this side of our 21 prlvaEe road are iow bungalow-type sErucEures and all but eno of the few eno ~nd-a-half and 22 sEery homes that have been built have large side yards that separa£e them from their neichbors. 23 In closing, I'd like Eo say that as much as I regreE upsetting my neighbors, I must preEecE 24 my properuy's value and the quality of life I enley in 1~. I respectively submit £c the Zoning 25 Board ef Appeals my reques£ that the Schpeent variance be denied. Fhank you. April 22. 2004 6O 1 2 CHAIRWOMAN OLIVA: Thank you. Any of the Board members have questions? 3 BOARD MEMBER DINIZIO: Yes. CHAIRWOMAN OLIVA: 3e ahead. BOARD MEMBER DINIZIO: Is there anything that they could add me that prepermy would make 5 you happy? MS. CLEHENS: I have absolutely no problem 6 with them makinc the house bigger if they were Em smay on one level and go ou£ toward the back. 7 toward the road because my garage is back there. I have no problem with them making their house bigger, but I dc have a very big problem with ~ being so tall, so close ne my house. It would 9 really Dverwhelm it. BOARD MEMBER DINIZIO: So. if they wen£ 10 MS. CLEMENS: If they went back. BOARD MEMBER DINIZIO: Ruch Lane say with 11 another room? MS. CLEMENS: I would have ne problem 12 whatsoever. BOARD HEMBER DINIZIO: And the seven 13 feet setback weuldn'n bother you? MS. CLEMENS: Nc. it wouldn't, because I 1% have planted ~ screen of evercreens there when I first bought the commage me prenecm both prepermy 15 owners from the fact that beth their bedrooms and my bedrooms were so close mogether. I thought 16 that that would help, but toward the back I have absolutely no problem with that. but where they're 17 thinking of doing lm is right at my palnmln? studio and bedroom mrea. 18 BOARD MEMBER DINIZIO: Hew 21ese ms your house me the property line? 19 MS. CLEMENS: How close ~s my house? BOARD MEMBER DINIZIO: Yes. 2{ MS. CLEMENS: I don't know exactly, maybe to my properny line, 15, 20 feet 21 BOARE MEMBER DINIZIO: Hew ulose would you be me their house? 22 MS. CLEMENS: Probably ~beut 30 feet, maybe, house nc house. 23 BOARE MEMBER DINIZIO: That's all I have_ 24 BOARD MEMBER GOEHRINGER: I lusE wanted mo say I don't practice being m real estane broker. 25 but I have been a real esma£e broker smnce 197S, and I ie respecm your opinion regarding your April 22, 2004 61 1 2 expertise as a property swner, but you don'~ have a sworn affidavit from a licensed real esEaEe 3 broker and appraiser, please, in nc way am I diminishing that. Normally, that's the EesEmmony 4 that I take as being credence zn that situation but based upon your testimony, I will 2ome back 5 down and look a~ their proper£y ~nd kind of ge~ the feeling of what you're saying, okay, I was 6 down there Saturday, and I will cema down there again this Saturday. MS. CLEMENS: Cema early in hhe mernlno when the ~i~ht's the best. BOARD MEMBER GOEHRINGER: On this opinion ef your testmmony sc to speak. 9 MS. CLEMENS: If I might jusE answer the gentleman, the house they own on Ruch Lane ms the 10 second piece of property that I have purchased there. I boucht one rmcht across the sureet as an 11 ~nvesnment, which I sold last year, and before buying either of the houses, I probably looked aE 12 several hundred on the north fork. So agamn. I am no~ a licensed real esuaue agonE, but I dc know 13 the value of ~ny waterfront property, and in other words, its premium aspecm. I've goE a lot of 14 friends in hhe city that are all leaking for waterfront prepermy if they could only find some. 15 Se. again, ]use FYI, sorry CHAIRWONL~iq OLIVA: You dc have a good 16 sunset. MS. CLEMENS: Excuse me? 17 CHAIRWOMAN OLIVA: You de have a very nice 8u~seE. 18 MS. CLEMENS: Sure, nice everything enm there. It's a beauhiful pmece ef proper~y. Ail 19 of the houses en the pond are nmce little hemes. BOARE MEMBER ORLANDO: Are there any 2{ covenanE res~rlc~mons mn your community with scenic view easements? 21 MS. 2LEMENS: No. I serve as the defacto secrenary of the homeowners associatmon when the 22 lurrenE secrenary is unable Eo be there since she travels a lot, sc I have ~ttended all of the 2! meanings for the last several years. We have a very casual ammitude toward building and 24 mmprcvemenEs. I dc believe that if somebody wanted mc lover their house mn neon there would 25 definitely be some conversaE~on about it ~mon~ the neighbors, we're all very amenable Ee each Dther's April 22, 2004 62 1 2 desires about ~mprov~n? their property. In the last few years the whole sEreee has been 3 terrifically ~mproved by BOARD MEMBER GOEHRINGER: A lot. 4 MS. CLEMENS: Exactly. I've actually worked as a projecE manager for an archite2tural 5 firm in the city that has done uwo of those · mprovements. I'm very familiar with the mnreen 6 and both of those are on the water. And so I've been very involved with these homeowners in terms of doinc what they have done. BOARD MEMBER ORLANDO: You know that your 8 nezchbor's house ms nou parallel ~o the proper~y line 9 MS. CLEMENS: Yes, I do. BOARD MEMBER ORLANDO: So if they 10 extended toward the road. it would gee closer than seven foot. 11 MS. CLEMENS: Fhat's right, but the 0nly thing back there is my garage. 12 BOARD MEMBER ORLANDO: But you're non opposed to the second story, but if they pun an 13 extension towards the road, another neighbor may be opposed £o that. You see where you're putting 14 us, you're opposed Eo a second sEory, you're opposing a second snory, the other ne~ohbor mzght 15 oppose going 2loser to the road. MS. CLEMENS: The neighbor across the 16 snreeu ~s them. They own the properEy. BOARD MEMBER DINIZIO: I would say that 17 they mzght non even need a variance for that. MS. CLEMENS: For what. going back? 18 BOARD MEMBER DINIZIO: Going forward, well, well, back uo you is forward to us. TowarJs 19 the road. MS. CLEMENS: I have no problem. 20 BOARD MEMBER DINIZIO: I would think zn that area it's 35 foot setbacks, you could gez 21 nzne feet. MS. CLEMENS: Again, I have no problem 22 whatsoever. BOARD MEMBER ORLANDO: Probably they would 23 have Eo come back for ~ side yard if they wenu back that way. I'm saying you're opposed ~o this, 24 someone else might be opposed Eo something else They uould go through ~ whole gyration of 25 redesigning and someone else could say I would rather you go up than ~o oun. I'm nrying no be April 22. 2004 63 1 2 hypothetical. MS. CLEMENS: Sure, but the three 3 neighbors that would be left, rzght and behind, 'cause the fourth neLghbor obviously is the 4 pond Es me, themselves and then Ann 3able, se zt s jusE one other person being involved zn 5 that. So I have no problem with them going back or ~diing no their house. I completely 6 understand. E actually rented that coEEage when it was Dwned by the previous owner, the first summer that I was interested in getting preperEy euE here se I could get a beEEer ]ay ef the land. 8 and I knew how tiny 1E is. I have ne problem with them wanE~ng zE ~o be bigger, but mt's just, 1~ 9 would be -- in my opinion, no maEEer hew nicely designed, the fact that the houses en either side 1{ and for several more ~re very Iow, one ~o one and-a-half snory little bungalows havinc- that 24 11 foot ridge line would be less than perfect, but again, that's nee my main eblecE~on. My main 12 eblecEion is that I know it will puc my house zn deep shadow because I have lived Ehere. E knDw 13 hew that sun is and how that sense Df openness when you are sitting in your [rent rooms, you 14 knew, I ien't want a groan big house right there It's only seven feet sff Df the line. 15 It's just Eeo 2lose and if you can see sm that properEy, the survey done in 1934, when they 16 pulled the beat house up, they positioned it 2loser £e my line than ~o the other line; in ether 17 words, it's nee centered en the let sideways. BOARE MEMBE~ ORLANDO: I have nc ether 18 ~uesnzens. CHAIRWOMAN OLIVA: Anybody else in the 19 Kudience wish Eo speak for er against? Yes. sir. MR. FOSTER: Can I come forward se you can 20 see this? CHAIRWOMAN OLIVA: Sure. 21 MR. FOSTER: Several things that were said. It's ~rue the houses along the smreen have 22 been improved all the way along, and they have ~ene up eno half, there's eno ~wc and-a-half, er 23 three stories as far as I can see Et's a sEreeE that people have decided for gDed reasons that 24 it's a nice place ~o be ~nd everyone is imerovinc their houses, and the zmprevlng ef the house zn an 25 appreprmaEe way hel~s everyone's properEy values. If you have one bad coEtage sn a snreet with a April 22, 200% 63 1 2 hypothetical MS CLEMENS: Sure, but the three 3 neighbors that would be left, right and behind, 'cause the fourth nelchbor obviously is the 4 pond. Is me, themselves and then Ann Gable, so it's jusE one other person being involved in 5 that. Se I have ne problem with them going back er ~dding te their house. I completely 6 understand. I acEumlly rented that coE~age when it was owned by the previous owner, the firs~ 7 summer that I was interested in ge~ing property eu~ here sc I could get a better lay of the land, 8 and I know how ~lny it is. I have no problem with them wanting it no be bigger, but it's 3ust, it 9 would be zn my opinion, no matter how nicely lesigned, the fact that the houses sn either side 1{ and for several more are very low, one to one and a-half story little bungalows having that 24 foot ridge line would be less than perfect, but agazn, that's hOE my main oblec~zon. My main 12 oblection is that I know it will put my house in deep shadow because I have lived there. I know 13 how that sun ms and how that sense of openness when yen are sitting in your front rooms, you 14 knew, I lon't want a great big house right there. It's only seven feet off ef the line. 15 It's jusE noo 2lose and if you can see on that property, the survey done in 1934, when they 16 pulled the boat house up. they positioned it sloser ~o my line than Ec the ether line; Ln ether 17 words, it's not centered en the lot sideways. BOARD MEMBER ORLANDO: I have no other 18 questions. CHAIRWOMAN OLIVA: Anybody else in the 19 audience wish te speak for or against? Yes, sir. MR. FOSTER: Can I come forward so you can 20 see this? CHAIRWOMAN OLIVA: Sure. 21 HR. FOSTER: Several things that were said. It's ~rue the houses mlong the s~reem have 22 been improved all the way along, and they have gone up one half, there's one ewo ~nd-a-half, Dr 23 three stories as far as I can see. It's a street that people have decided for good rease~s that 24 it's a ~lce place ~o be and everyone is lm~rovlno their houses, and the improving Df the house in mn 25 appropriate way helps everyone's ~roper~y values. If you have one bad coEtage on a street with a April 22, 2004 64 1 2 bunch of nmce houses, it takes the value of some of the nzce houses. 3 A couple of things, one zs the idea sf light comina zn and damaging the value of this 4 nezghbor's house; this is the survey, hhis is the nezghbor's house; this ms where the sun rises in 5 nhe summer mmme and this is where it sets in the wmnEerElme, it's where it excuse me, this sees 6 mn the summer. Se, au this point, ef course -- if this sun is horizontal, if this sun zs flat earth, this sun is horizontal it immediately sEarEs rzsing ~nd gees to this point where it is 14 8 degrees. So here it gees Ee be 28 degrees in the summer ~Nd 14 degrees zn the wintertime. By 9 calculating the amount Df times that this house, with mns extra 10 feet of roof would block any 10 direct sunlight onto this other house is six Eo eight hours a year in December, 21st of December, 11 those several days, every other time Ehe sun gets up and over, hits this house because it's either 12 the angle is above the roof or lm completely misses the roof. It has no effect whatsoever on 13 the sunsee or anything. The Dther aspect of this design is that the roof s£arms exactly in the same 14 place as 1E does today, the new roof It goes up a little steeper because it's going up as a gamble 15 roof like the eno across the s5reen here, but it scares in the same place. It's not a verti2al 16 wall that's going up a complete second floor across the roof: it stares ~E the same place and 17 basically this is a drawing ef what it leeks like. Their ex~sElng reef now is about where this 18 where Hiss Hart~n is in the middle of nhat wmndew. BOARE MEMBER GOEHRINGER: Whan le we have 19 up there, one room, Dne master broom? MR. FOSTER: One bedroom. 20 BOARD HEMBER GOEHRINGER: And bath? MR. FOSTER: There's a master 21 bath. There's a bathroom, masmer bedroom suite ~nd -- 22 BOARD MEMBER GCEHRINGER: And uhe rest of zt's cathedral. 23 MR. FOSTER: The rose of it's cathedral ~nd spen space so that mhe -- nhe 2oilings are 24 snly like 7,~,,, you know. Sc by cutting a hole Due, you go up the full height mn the living room, 25 make the full height in the living room, makes a small house seem larger. April 22, 2004 65 1 2 BOARD MEMBER GOEHRINGER: So, in Mr Dinizlo's situation, the masmer bedroom is 3 really toward the road. which would be The frcnt of the house and therefore, the living room would 4 be facing the water? MR. FOSTER: I'm sorry 5 BOARD MEMBER ~OEHRINGER: We were lusu discussing what we really call the front yard/back 6 yard. The bedroom would be? MR. FOSFER: The new bedroom? BOARD MEMBER GOEHRINGER: The new bedroom. MR. POSTER: Is en the waeer side. 8 BOARE MEMBER GOEHRINGER: Is Dn the wauer side? 9 MR. FOSTER: Yes. BOARE MEMBER GOEHRINGER: Then ehe living 1{ area or the open vaulted ceilin~ would be ~owards the read? 11 MR. FOSTER: 2orrecE. BOAR£ MEMBER GOEHRINGER: Okay. 12 KOARE MEMBER TORTORA: The width Df the lot is 50 feet? 13 MR. POSTER: i8. BOARD MEMBER TORTORA: It is a very narrow 14 lot. MR. FOSTER: Yes. 15 BOARD MEMBER TORTORA: I would have ~o say that I l~stened to your presentation with a 16 diagram, but uo be candid, ~n my opinion, I can't help but believe that it is going Eo block some 17 kind of - creaee more of a shadow, uo what extent? I don'T know, I'm hoe an experu. I don'E 18 know whether you're ~ expere either, but it's kind of common sense, it would have fo. You're 19 lusu uoo close uo the proper£y line. It couldn't -- 27 feet does creaee a shadow. Period. 20 MR. FOSTER: It's hOE 27 feet, it's 24 and the sun is non always in one spoe. 21 BOARD MEMBER TORTORA: I know that. I'm aware of that. 22 MR. POSTER: So what I'm saying is it's only on the shortest days of the year when the sun 23 ~s au its most horizomtal that ~u would ~ctually hit the roof before lu hit uhe other house and 24 that is a few hours on those few days around December 21st, and you know, there's a sola~ 25 division a~ the Depar~men~ of Energy of the United States Severnment, I san gee a solar diagram from April 22, 2004 66 1 2 the government if you wane me to do hhat. CHAIRWOMAN OLIVA: Yes, go to the mike. 3 MR AXELROD: I'm Steve Axlerod. lenathan spoke ts the sun and light issue. I ]usg wane to 4 address a few ether things. The intent here is Ee dc something that's modest. It's nag even a full second sEery. I wane me address the issue of the sight line tc the 6 pond and the scenery because I really don't think that this Improvement is going me alter thaE and the basic feel in relation to the pond ef either house or any of the houses There are many houses 8 on the streeE that have second ~Gorles and they're recently added and fortunately, I just wane eo 9 emphasize That if we were able no do hhis, ie's going to improve the front facade of the house, 10 the pare that faces the read. It's going ne make 1G more ammracmzve, the whcle thing I think ~s 11 lone nc be tasteful and me fit ~n with the houses zn the area. and I really think we'll improve the 12 overall value ef the properEy and adj~cenE ~roperties. 13 BOARD HEMBER GOEHRINGER: Mr. Axlerod. we have had some very unzque pzeces of prepermy in 14 the mown. There zs a piece ef proper£y in ~his mown that ~s very similar Ee this exce~m it's nee 15 Dna very n~ce beautiful pond like this, it's en Pecenlc Bay ~nd that's an area called Rabbit Lane 16 in East Harlen. where the lees are ef szmllar size ~s this. Fha minuEe you gee smaller than 50 feet, we now look into ether eptzons ef onE,re recensErucEion ef the ~econd s£ery -- I shouldn't 18 say entire reconstructIon -- ef the roof line ef the entire s£ruc~ure. You actually could drop the 19 reef toward the road, could you no~, and ~ake that vaulted ceiling lower than what's proposed? 20 MR. FOSTER: I understand exactly where you're 2omlng fram. 21 BOARD HEM~ER GOEHRINGER: If the issue here, regardless ef the sun zssue there's 22 definitely an impacE en ~ property or properties in general, okay, when we're dealing with logs 23 that are less than 50 feet and those lots Kre very similar and familiar with having dealt with hhis 24 pond area and the bay area that I'm referring me in East Marion called Rabble Lane, then ~ 25 subsequent read that's above that~ why we have even had lets even smaller than 48 feet. In these April 22. 2004 67 1 2 situations, we have take~ ne~ only the neighbors consideration but the Town's consideration in 3 reference ~o the impacts of these types sf construction and what we have requested in those 4 situations, and I'm referring ce we because I ~m custom I was chairman ef this Beard for 21 years, 5 we have taken and allowed the construction of a portion of the alteratle~ of the roof line and we understand that the lowe~ half ef the house has seven and-a-half feet ceilings, which you would like ~o go ~e a modest eight, e~t and a-half feet, whatever the 2ass may he, ~e make it the 8 leek ~f a vaulted ceiling but no~ necessarily a full vaulted ceiling- the same height. Se what in essence I'm saying is ye~ ceult drop the reef en the per, ion ef ~he house that's closest ~c the 10 read. and that was the reason why I asked she question ef where the bedroom area was in relation 11 ~o ~he view ef the pond. That could be done; could it net? 12 MR. POSTER: Could be ions. BOARD HEMBER GO~RINGER: Because £hat's 13 exastly what we did en that pond c~er in Eas~ Harion. We instead of 2allinc what we refer te and - and please, this is no reflection eN your house the railroad effect, ef }ne reef line ~11 15 the way through, we requested the applicant ~c drop the reef line. It was the direct }ppesl~e of 16 this in the respec~ that the portion ~f it that was facing the pond was eno s~ery and the per~len 17 }f ~ that was in the rear was ~wo s~ery. ~n this particular case. you're askin~ for the reverse~ 18 Well, I'm suggesEzn? the reverse, thereby allowing this masEer bedroom, hhis modest masEer bedroom, 19 because iE ~s modest~ and bathroom but thereby reducing the size of the reef line en the front ef 20 the ~roperty or the fren~ perElon ef the property, which, ef course, really is the rear because 21 everything in the pond is the back. MR. FOSTER: Stree£ side. 22 BOARD HEHBER GOEHRINGER: Street side. ~nd therefore creating less impacE sn the 23 neighborhood. That could be done, rzght? MR. FOSTER: What height would you 24 require? BOARE MEHBER GOEHRINGER: I don'u knew. 25 That's an issue that I would have Eo speak ~o my 2olleagues about. April 22, 2004 68 1 2 BOARD MEMBER ORLANDO: What is Lhe height of the existing house now, the ridge? 3 HR. FOSTER: Of the existing house is about 13 and-a-half feet. 4 BOARD MEMBER ORLANDO: So you go another 10 feet higher. 5 BOARD MEMBER ~OEHRINGER: See, I wouldn't, I really woulin'u wanm no see that first suory go 6 much more than ~bout 14, you know uc be honest with you. 14, 15 no the ridge and thereby allowinc- the other pornzon of it ~o be whatever the 20 or 23 it has to be or even maybe less a little bit if you could. And that may be a possibility zn reference Go ~mpacEs. 9 MR. AXELROD: Maybe Jonathan knows what the mypica/ roof line is of the other houses Dn 10 the sureeE. My understanding is uhat this ioesn't stick up above them, but I ton't know the 11 technical because we wanted £o be consistent, not to stand u~. 12 BOARE MEMBER GOEHRINGER: Mr. Axlerod. let me tell you that the one person that came before 13 us was the person on the right-hand side. I believe, it's the first house on the rlcht-hand 14 ~ide. They had a smgnificantly larger piece of properuy. They ~lso gDE themselves involved zn 15 what we refer mo as a £urret-£ype of review thing, that is nou ~ room. That was never determined zc 16 be a room by us ~nd it still ~s non a room. It's ~n area which they choose and they agreed uo gc up 17 ~nd look au the pond and the Sound or whatever other view they have. But lu was a significantly 18 larger piece of properuy than this piece. Again, I'm non taking anything away from your p~ece, I 19 grew up on a 50 foot lot and I never had any problems with a 50 foot lot, but those are the 20 issues that we have ~o look a£ in zhis weighing back and forth. Because let's face iu, we are 21 going through a resurgence on Ruch Lane there's nc question about it, and you're in the middle of 22 ~n, and it's going to create that domino effect ~n directions back down and forward. And the same 23 thing in the back, when I say zn the back. I'm referring Eo non on the water side, so that's an 24 issue that I'm saymng I don't know how my colleagues -- 25 MR. AXELROD: I think they have already built up on those. April 22. 2004 2 BOARD MEMBER GOEHRINGER: Some of them have. 3 CHAIRWOMAN OLIVA: Vincent? BOARD HEHBER ORLANDO: Ne communE. 4 CHAIRWOMAN DLIVA: Lydia? BOARD MEMBER TORTOP~: I kind af like 5 Jerry's suggestion. BOARD MEMBER GOEHRINGER: We did that sn 6 the pond aver there, if you remember, Lydia. BOARD MEHBER TORTORA: Yes, I think it's appropriate. In fact, I'm jus£ leaking through this block and your lot is the narrewesm en the 8 enmire Foad. MS. CLEHENS: I believe mt was the minimal 9 amounm that they could legally cue from my let zn 74 that would ~llew them to pull the beat house 10 up and make it into a summer cemnage with no heat er ~nything like that. It was strictly a ceE£age. 11 Didn't even have ~ bathroom, outdoor shower when they Driginally pulled it u~. 12 BOARD MEMBER TORTORA: That's my 13 MS. SCHPOONT: This ms a pzcmure ef the house and Ehe roof se en ami so forth ~c 14 scale. This is a series of pine trees tha£ were puu on the propermy line by this Dwner Dyer here 15 so that if these trees, they're gazng mc keep on growing and they're gozng mo io all this sun work 16 all by themselves without any benefits of a roof angle and se on and so forth. So when you're 17 thinking aboum the roof height that we're allowed and so forth think about this self perpeEuaned 18 BOARE MEMBER GOEHRINGER: I don'm care if you warm no lessen shat by clippmng gables Dr 19 whaEever you wan~ mo do, you can clip a gable end if you wane mo make it sc hOE obtrusive, but my 20 suggestzon ~s on less than a 50 foot lot, you really should lower the impacm by non crean~n~ 21 that entire roof line one straight roof line. By the way, I think your plan is magnificent, 22 unfortunately, I think ~E should be on a 60 foot lot or larger, and unfortunately, we don't have 23 nhat here. And I really think that the way teal with ~t would be to do ~hat I said. 24 redraw it ~nd g~ve us a little bit of a vaulted 2eilin~ toward the road and let them go with their 25 masher bedroom on the rear side of nhe house. CHAIRWOMAN OLIVA: Make m~ more than 20 April 22 200% 7O 1 2 foot? BOARD MEMBER GOEHRINGER: They should 3 mamnmaln nou much more than a foot over the roof line as it exmsms today ~nd open mm right up mn 4 the front. Then the resm of mu they can go me the height that they want ue gD and, as I said, if he 5 wan£s uc lessen the impacm of the gable ends. let them put the gables eh, which is that effect whi2h 6 we lusm saw in Orianm that they're doing. MS. CLEMENS: Can I can ask for some clarification? CHAIRWOMAN OLIVA: Sure. 8 MS. CLEMENS: Okay. Unless the irawings have been changed, the only see that I have ~howed on the wamer side where the mas~er bedroom and bath are going te be is ~lso a fireplace, se there 10 is some mere smrucmure up there, it's ne£ lusm a little bedroom and a little bathroom. Also those 11 erees that I've planted ~re French arbevitae and they are guaranteed hem ce grow nver 12 ~eet. ~nd 12 I did that en purpose because I lidn'u wan£ glganmlC I didn'~ wan~ ~o lose most of my side 13 yard by an enormous evergreen screen. Also on the wamer side, the ether nemghber en the other 1% side of the Schpoon~ cottage ms ~wned by a friend of mine, Ann Gable. Needless me say -- nor would 1S I ever speak for her - that she's never going mo ge, move up or build up, but, the latesm 16 conversation we had ms that when she can afford mu, she would lik~ mo probably refurbish her 17 little 2e££age a little bit smnce im's nom even winterized, mt's a very, very, you know, your 18 minimal summer coetage. It's never been mmproved ether than a deck pum on many years ~gs. So that 19 mmmediate piece e~ preperey has hem been, ~ueme, mmproved The lmprovemenms that I did en mine as 20 far as exterior was I shingled it instead af the lap sidinc which had been painted ~nd was fallin~ 21 aparm. And all of the ether houses from my cemmage and then the Schpeent Axlered co~ge mnd 22 Ann Gable and then there are mwo or three ethers, ~rs. Shanky, those are all one smory. The first 23 mime you hit a ewe smery is when you gem mo Laurie Kritolfy's sommage, and her commage, which I was 24 the projecm manager for the designing neam that built that is significantly lower. She has no 25 bluff, she's only maybe eight feet above wamer line My commage and the Schpeenm cottage are 32 April 22, 2004 71 1 2 ~eet above the water line. So in other words. even though her house is technically two scary, it 3 ieesn't look that tall because her lot is so much lower on the road. So again, there is an unbroken 4 line of roof lines now Ehat this. if it were tc go mhead, would stick up in the middle of. I lusE 5 wanted eo clarify that. CHAIRWOMAN OLIVA: Thank you. 6 MS. SCHP00NT: I jusE wane Ee say one rhino. Ann here, who is the person responsible for the three sEery house ~nd the other two ~eory house on the block, she helped design 1E and she 8 was iN favor, obviously, ef those houses being built up, and it comes no the house nexE to hers 9 and she doesn'E wane us ~o puE up ~ very modest half a scary. This is the house that she says is 10 this ~s the new Ewe-suory house that she ]use put u~. It's extremely close to both houses on 11 either side and it's huge. It was a ene-suery house and new leek an it, leek aE it compared nc 12 the other house nexE door. We're taking Eno house, and we're noE -- we're lusE puttzng on a 13 roof that's going Eo move uF. It's a z~ny, nzny house. We've goE four kids and we were hoping 14 that we would be ~ble Ec have a couple bedrooms, Ewe bedrooms that we 2ould have our kids there and iS have our bedroom facing the waEer and 1E would be nice ~e have the 2eilinc a little higher. I lon't 16 think what we're doinc zs really very different from what ether people sn this block have done. 17 BOARD HEMBER TORTORA: Exce~E that's a bigger let. 18 MS. SCHPOONT: But mE's a huge house I mean, look aE how clcse it zs, how close it is Ee 19 the house next Eo it. BOARE HEHBER ORLANDO: Typical side y~rd 20 setback. BOARE HEMBER FORTORA: It's gDE EO be au 21 lease 10 feet, otherwise it would have zo have a variance. 22 MS. CLEMENS: It's 15 feet from Mr. Shanky's house. 23 MS. SCHPOONT: It is seven feet away and we are mrying Eo mmprove it. Rlcht now it doesn't 24 look like much of anything. It's a little boat house. 25 BOARD MEMBER TORT©RA: Can we have a uompremlse here Dr not? I guess that's the bottom April 22, 2004 72 1 2 line. That's what we're requesting is a compromise, ~nd I have £0 tell you it's nee really 3 taking living space away from you. Zt's takino some aesthetics away. There's ne question about ~ l~. Bu~ it's no~ taking livin~ space. Your first snery will exist the way it exisEs and you'll ]usm 5 have a lower roof line noward the road and less impacE. I don'£ care how you iesign it, we don't 6 deal with design. CHAIRWOMAN OLIVA: Would you disacree Eo lure a lower roof line and submit that? MS. SCHPOONT: You're saying we could have 8 Ehe second sEery by the waner ~f the bedroom but then the resu ef it would be lower? 9 BOARD MEMBER GOEHRINGER: Richt. MR. FOSTER: If we have the space, we can 10 do the bathroom and bedroom? BOARD MEMBER GOEHRINGER: We're no~ 11 changing the -- I'm ncu suggesulng that you should change your s~ecific recommendation for that area 12 that you wane Ee use as living area on the second snery, zu becomes now a eno and-a-half suory 13 house. MR. FOSTER: It makes sense Eo me. ]4 MR. AXELROD: So _he 23 is appropriate where it is. hue the Dther half. the read side 1~ half. would be ~ different shape of some sort? BOARD MEMBER GOEHRINGER: Can be the same 16 shape er ~ different shape, I don't care. And you can clip the gables if you're concerned about -- 17 if you're going Ee go with the gable ends or if you're }eln~ ne ge with that gambrel effect. 18 whatever way you 2heese Eo go. MR. AXELROD: While we're talking, it jure 19 occurred ~o me, if we eore the house oown and then wane lnEc the legal setbauks cerrecE, which would 20 be 25 feet overall -- BOARD MEMBER IOEHRINGER: 10 and five? 21 HR. AXELROD: 10 ~nd five. 2HAIRWOMAN OLIVA: 10 and i5. 22 MR. AXELROD: 1£ ~nd 15 -- so then we'd have a 23 foot wide house and we 2euld make it 23 appropriately long. We could ge up uwo and-a half sEorles, which would be say 10 and 10 and 5, 25 or 24 30 feet legally 35 feet, right; is that an appreprlaue thing? 25 BOARD MEMBER FORTONA: That's perfectly legal. April 22, 2004 73 1 2 MR. AXELROD: That's perfectly legal. BOARD MEMBER DINIZIO: Let me take it a 3 sne~ further, because everyone here knows my feelings about the reasons why you're here, if you 4 took the roof off of this house r~ght now ~nd you builn that addition 23 feeE wide, you wouldn'E be here MR. ~ELROD: If we built the addition 23 6 feet wide en me~ Df the existing reef? BDARD HEMBER DINIZIO: That's right. MS. KOWALSKI: It's not because you're going beyond that mnEo the side yard. BOARD MEMBER DINIZIO: So you could build ouE there, ~o up £wo and-a-half snorzes and 9 you'd be perfectly legal and you wouldn'~ be before us. 10 MR. AXELROD: Wouldn't require a variance? BOAi%D MEMBER DINIZIO: No. 11 MR. AXELROD: Even though we're addressing a house that's mlready previously -- 12 BOARD MEMBER DINIZIO: I do understand your confusion but if you'd like to cenmacn me 13 sometime. I can explain it me you a little better. MS. KOWALSKI: You'd have ~o seep 14 everything back. 2HAIRWOMAN OLIVA: Wide house. 15 MS. KOWALSKI: You wouldn't be here. MS. SCHPOONT: So if we make ~ cempremmse 16 than will be accep£able no everybody? MS. KOWALSKI: You have me submit it and 17 the Board will revmew it, or withdraw your application ~nd s£arn Dyer. 18 MS. CLEMENS: Can I have some 21arification Dn what this ms I'm sorry I can't 19 read. WhaE you said that if they step down the back part. towards the read, they can still 20 mamntain the big front part? BOARD MEMBER GOEHRINGER: I would be 21 willing ~o do that aE this particular mime, ~n the respecE that my concern of weighing the aspecn of 22 this variance is that of the lmpacm from the read, hoe necessarily the zmpacm from the wamer, only 23 because the elevation factem ms what it is, which you describe because that's what it is. If this 24 house was laying rmght on ehe waEer Dr was en pilings, I wouldn'm be willing me ie that, okay. 25 And I have Eo tell you we were very successful in that area of Ease Marion Eo creaEe this eype of April 22. 2004 74 1 2 facade or -- I'm sorry, philosophy, so to speak in the construction because what le did ie was 3 lessen the ~mpacm. It absolutely has. MS. CLEMENS: So you're saying despite the % lmpacm, that this is a very narrow lot and it's w~thin seven feet ef my property line, you are 5 willing mc let them build this structure, that's the bottom line? 6 BOARD MEMBER GOEHRINGER: One half of lm. MS. CLEMENS: One half of it? BOARD MEMBER GOEHRINGER: Dne half ef lm. MS. CLEMENS: But the front half, the half 8 that impacts my light and view. BOARD MEMBER GOEHRINGER: No, the front 9 half is the portion that's toward the road. MS. CLEMENS: I think they may be 10 misunderstanding you. I den'E wan~ ~e speak for them, I jusE wane to be clear. 11 BOARD MEMBER GOEHRINGER: The front half is the pornmen that is closest ee the read. 12 MS. CLEMENS: Se the back half then cannot gc up any higher? 13 BOARD MEMBER GOEHRINGER: Ne, the back half hicher and the front half would be half the 14 size. MS. KOWALSKI: What about the side yard 15 smuff? BOARD MEMBER GOEHRINGER: Doesn't affecE 16 the side yards because they're allowed eo keep lm au the existing footprint. 17 MS KOWALSKI: If they would be seepp~ng · e back. if this is what we're talking about? 18 BOARD MEMBER IOEHRINGER: We're nee stepping lt. If this is what we're talkinc about, 19 we're not stepping ~n back. MS. KOWALSKI: You're saying approve the 20 side yards am seven and 10. BOARD MEMBER GOEHRINGER: Is mm seven and 21 14 Dr seven and 107 MR. AXELROD: 14 is the dimension ee the 22 new reef we're taking off en that south side. we're takin~ Dff the exzstLng reef and lowering zE 23 down Ee a so-called flat reef. so we're lowering that reef. We're Erying me we did this because 24 we thought we were being sensitive. The idea is that richt now lm's 10 feet ~o the existing house 25 en the sou£h side. We're starting 14 feet, makinc that leaving that four feet building or April 22, 2004 75 1 2 whatever be a flat roof, so the new boundaries are 14 and seven. 3 BOARD MEMBER OLIVA: Right. So you'll come in with an amended plan. 4 MR. AXELROD: We'll come in with an amended plan. 5 MS. KOWALSKI: If you wanted ne, you could also give mwo er three different alternative 6 plans, and then let the Beard decide. BOARD MEMBER GOEHRINGER: We'll review 7 those. CHAIRWOMAN OLIVA: We'll review iE en May 8 6th, mt's up ~o you. We jusn deliberate then. It's an open meeumng. 9 MS. KOWALSKI: Or Hay 20th for the recording purposes. 10 MS. CLEMENS: I would like -- I'm going uo be out ef the country on May 6th. se if there 11 could be any way -- CHAIRWOMAN OLIVA: May 20th would be 12 acreeable. MS CLEMENS: May I make a final 13 statement? CHAIRWOMAN OLIVA: Sure. 14 MS CLEMENS: I find mu very disingenuous ef Sandy no say what she did about the fact that 15 even though I was involved in the other mmprovemenm on the snreens that when mm came to 16 somebody wannlnc to play 2lose ne my house all of a sudden E ~hanged my nune; that ms non only an 17 absolute misrepresentation ef the facts~ I find it highly, highly insultinc that she says that mn an 18 open public hearing. My intention en beth ef those ether houses I am nee an architect~ and I 19 was a prelect manager -- was me de what the owners wanted to dc with approval ef their nemghbors. 20 which we ~chieved. They were beth. eno was ena much much larger lot, and the ether eno. which 21 she showed pictures of, I had just explained, in ms non Dnly a lar~er let, the lot sits lower }n 22 the pDnd. therefore the roof line does non necessarily mower over her neighbors and her 23 nem~hbor ne the right, it's a garage and a huge line Df forsythia bushes, and the neighbor me the 24 left was sensulted zn person by me and said she had absolutely no problem with the imprevemenns 25 being made ~o tha~ property. I jus~ don't wan~ the Board no think that I am being caprmcmeus mn April 22, 2004 76 1 2 my attitude. CHAIRWONLAN OLIVA: We don'E. 3 MS. CLEMENS: Thank you very much CHAIRWOMAN OLIVA: Thank yeu very much. 4 HS. KOWALSKI: Reoardinc- the alternative plans, they weuld need Eo be submitted au least ky 5 the Priday before the Hay 20th meeElng, ~'m hOE sure what that date zs, I think lu's the 12th Df 6 May, if you could please submit lu by or before the 12th. The time weuld be in the afterneen Hay 7 20th in the afternoon approxmmately 1:40. Yeu ceuld ~lways call us. 8 MR. AXELROD: Are you going Eo no. ice us ~gain? 9 CHAIRWOMAN OLIVA: No. This is your notice. If you could make a motion to adjourn l0 this hearing until May 20th au 1:40 p.m 11 See minutes for resolution. 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 April 22, 2004 1 2 3 C E R T I P I 2 A T I O N 4 5 I, Flsrence V. Wiles~ Notary Public for the 6 State of New York, de hereby 2ertify: 7 THAT the within eranscrip~ is a ~rue record of 8 the testimony giYen. 9 I further certify that I am ne~ related by 1{ blood or marriage, to any of ~he parties to this 11 action; and 12 THAT I am in nc way interested in the ouEceme 13 of this ma~er. 14 IN WITNESS WHEREOF, I have hereunto see my 15 hand this 22nd day of April, 2004. 16 19 / /~Plorence V. Wfles 2O 21 22 23 24 25 April 22. 2004