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HomeMy WebLinkAboutZBA-10/18/2001 HEARSOUTHOLD TOWN BOARD OF APPEALS TRANSCRIPT OF HEARINGS HELD OCTOBER 18, 2001 (Prepared by Paula Quintieri) Present were: Absent was: Chairman Goehringer Member Tortora Member Collins Member Homing Linda Kowalski, Board Secretary Paula Quintieri, Secretary Member Dinizio PUBLIC HEARING: (to be inserted) 7:07 p.m. Appl. No. 5005 - SUSAN POPE REED. CHAIRMAN: Good evening ma'am, could you kindly come up to the dais so we can question you. What would you like to tell us about .,,'our application? SUSAN POPE REED: I know that since the house has been lived in the Zone xvas changed to Commercial and I also do want to utilize Commercial the space there. But I would rather start as a house and still keep the character of the house. I find I have to take it one step at a time with it because it is so old. But the Building Department seems to think that I have a mindless find that they couldn't have given me a foundation permit because I'm not really a house now. So ultimately, the long range would be the first floor reconstructed or completely new as a studio space which would be personal service that Zoning category, but I'm not ans,~vhere that yet. If I start out renovating it as a living space with a big living room I can evolve it into what I ultimately want. Right now it would just be dwelling with this space developing and if things go well, ultimately I would have a business there with other people using uny space. Right now I just want it to be me. I don't know how other to word the application. It's been a house since 1979 I PAGE2 OCTOBERI~,2OUl ZBA PUBLIC HE~RING 1 R,~.N$CRIPT TOWN OF SOUTHOLD think, so it's important to me to restore the footprint. I don't know how much of it, Imnber by lumber we will be able to do. But, I've been involved with the property for literally years, l work with Abatelli Real Estate right across the street. I've seen the building and I had it sold to another party that took me over a 3'ear in contract to actually buy. I'm taking it step-by-step is what [ can do with it now. But I would like to be commercial, but I always would like to be the caretaker to dwelling involved with the space. CHAIRMAN: You intend to live there Miss Reed? SUSAN POPE REED: No, in time, but I have a nice space in New Suflblk where not now, because I so much building at home. But I would like to be able to rent that out with the sulnmer opportunity and I could easily live in my own because I work across the street. It works for me on a lot of levels. But I need to take it step by step and I need to be able to use it as a residence/house first and then build from there. CHAIRMAN: What you're asking for is, no, she's asking to reinstate a Residential use of which the house was always used as a residential house. We are not here to discuss the business aspect of this residential house, because I can tell you that I am not heavily in favor of that at this time. I don't know what would change my mind at this point, but I don't think it's going to change. [ know the family that owned that house and lived in that house for many, many years. Therefore, it was to my knowledge that I never knew that there was ever a business in that house so, therefore, I think we're only discussing the residence at this time. Is that correct? SUSAN POPE REED: It's not a residence you changed it to commercial. It's general business. CHAIRMAN: We understand that ma'am, but you have the use of either a residence or you have the use ora business. You can't have both. You can have one or the other. SUSAN POPE REED: So you would rather have a machine shop there. CHAIRMAN: I don't want a machine shop there. I'm not here to discuss that issue. I'm asking you are you here to discuss us to reinstate a non-contbrming use, which is a residence, in this zone? There is no doubt in my mind that this house has lost its residentiality. It is blown out on all sides. It is probably in imminent collapse to some degree in my opinion, but ! haven't seen an engineer's report. What you're telling us is that you are probably going to have to rebuild the entire house. Is that correct'/ I mean you may utilize some of the lumber. But you are going to rebuild this house to present day conformance standards. SUSAN POPE REED: Not all the way rebuild the, the character of the fi'ame of that house, my ideal actually and I haven't applied for it yet, because I don't have the funds to do it yet. But would be to expand the house and lift it and maintain the old post and beam balloon on top and have then move construction that would, I'm sure l would have PAGE 3 OCTOBER 1~,2o01 ZBA PUBLIC HEARING TRANSCRIPT TOWN OF SOUTHOLD to go betbre with a site plan tbr a first floor that's fi'eshly built and capable of supporting an older one and a half story tYame on top. That's ultimately what I would like to do. But all I applied for was a tbundation permit right now. Because all I can bite off right now is a house. CHAIRMAN: But what we're saying to you is that this is not a mixed-use application. This is a use of a residential structure and that what is befbre us at this time. We don't usually mix residential and business together. We're just saying that to you. We're not leading you down any i~2/path or anything of that nature. If you intend to use it as a residence, that is one issue. If you intend to use it as a business, that's another issue. That basically is the situation. I have no objection to whatever way you use it, except that I can tell you that if you're asking me to reinstate a non-conforming use, which I have absolutely no objection to. SUSAN POPE REED: I have to choose either or'? CHAIRMAN: Right. SUSAN POPE REED: So this is what I hope by doing it this way, and to avoid is that for me to then become commercial, which is what the Town chose it to be, I have to come betbre you again and ask for a CHAIRMAN: A use variance or a change of use. Change of use. MEMBER COLLINS: Mr. Chairman? CHAIRIVlAN: Yes? SUSAN POPE REED: Can't we look at it as a grander plan? MEMBER COLLINS: Could I hark back to Voneffs on the Main Road in Greenport about a year ago? What we did with properties Zoned B, as this building was there and it had residence quarters and a workspace. We gave the Voneffs a Special Exception authorizing a dwelling and a business zone, it's allowed by Special Exception. The other thing they needed was an Area Variance because the Building Department this is a Commercial Use would be a second use and they didn't have enough square footage for the two uses. So we gave them an Area Variance. So in that case we did have a building with both. CHAIRMAN: The building was existing. We have nothing here. What we have here is nothing. That is the reason why the Building Department has brought this application to US. MEMBER COLLINS: Could I ask? PAGE4 OCTOBERIg. 2001 ZBA PUBLIC HEARING TRANSCRIPT ~OWN OF SOUTHOLD CHAIRMAN: What I'm saying, i'm not taking away from your building ma'am, I'm very simply saying that the building has lost it's residential character. SUSAN POPE REED: When I first started talking to the Building Department about this building it was in better shape. Like [ said, it took me quite a while to have this building. My feeling with the Building Department was they could not, because the paper trail would repute to give me a ~:bundation permit as a house because I'm not a house now, nobody except vagrants have lived there. I'm the one who calls the police to tell them to take the vagrants out repeatedly. Okay. All i'm saying is that. MEMBER HORNFNG: Could [ ask a question'? When was the last time, month and 5'ear that the house was actually occupied. SUSAN POPE REED: I would say somewhere in the mid to late 80's. [ mean, verilS'ing records and posters and things like that. It's been a while. IVlEMBER HORN1NG: At least ten years? SUSAN POPE REED: Yes. And so there's no way that anybody can close an eye now and just start to fix the building up. I understand that. That's why I'm here. MEMBER HORNING: And the state of the foundation, tell us about the house. SUSAN POPE REED: The state of the tbundation actually, is quite substantial. But there's some bowing on the east side, not a lot. [t will stand another two hundred years with that bowing but it will lean more. MEMBER HORNING: Why do you call it erosion? SUSAN POPE REED: Because of that very. thing. You don't want to replace lumber up here if you haven't straightened the down below. So there's a lovely stone tbundation there, and my plan is to save those stones. But, you knmv, I don't want to start spending money above ground if the base is not stable. And that's where l am now with the permit that I applied tbr which is a foundation permit to repair a house, because like I said, that's what I can bite off right now. I want the Commercial use, I really do. But not a heavy use thing, when I started to talk to the Building Department I was told this is ideal. All of your space is behind you; your parking lot is behind you. I've got space for at least fifteen cars back there. This incredible side yard I have room for a circular drive with just the space that's there. I want to be able to not restore but renovate that tbotprint. That would give me a great deal of joy. I've looked at that building for almost five )rears now. I'm in real estate; the value of the property is to knock that building down. I had it sold to people who were knocking it down. They couldn't handle the time it took to sign contracts in an estate. I stepped in and went through all hoops of fire it took me to actually step in and buy the house. [ want to do something with it there. I like it, it's a commercial zone, it's been decided that it should be commercial but I want it to be a house first. P ~.GE 5 OCTOBER I S. 21~0i ZBA PUBLIC HEARING TRANSCRIPT TO'AN OF SOUTHOLD MEMBER TORTORA: Miss Reed I would like to call the Board's attention to something. This does not stand well with me. She's in a B District, correct? A general B District, use regulations 10lA, permitted uses, the following uses and in excess of those uses pennitted under subject of Al, here are subject to site plan approval by the Planning Board: 1. In pennitted use entbrced and regulated by 13lA 2 and 3. 13lA Permitted use is one-family detached dwelling. MEMBER COLLINS: No, 2 and 3, A1 is one family. MEMBER TORTORA: What about B'? MEMBER COLLINS: Not a permitted use, pemfitted by Special Exception. BOARD SECRETARY KOWALSKI: Is the dwelling permitted by Special Exception? MEMBER COLLINS: Yes, if you go to, I don't have the Code in front of me, you go to the part, the B, that deals with Special Exception. BOARD SECRETARY KOWALSKI: So she could apply Ibr a Special Exception. MEMBER COLLINS: Yes, apply for a Special Exception; it's a lot easier than the so- called variance that we could give to restore a use. A Special Exception is easy, I don't think this Board would have any problem giving a Special Exception authorizing this to be a house. MEMBER TORTORA: If you have primarily one use, as the Chairman has said. The Chairman is trying to avoid a situation here where our Code, right along, does not permit mixed uses on. SUSAN POPE REED: I think that the use of my house will always fall within the personal service MEMBER TORTORA: How about Beauty Parlor? That's sort of category. BOARD SECRETARY KOWALSKI: Home occupation? MEMBER COLLINS: It's more than a home occupation. SUSAN POPE REED: I mean I can teach, but I would also like other people teaching. I want to create a wonderful first floor space. Now whether that's part of my yoga room or my living room or whatever, I can start out with a house. If I don't get it all the way to what [ want, then this is a non-issue because there's no business there. If I start out at the other end, with the business first I have to put all my effort in the wrong place. PAGE6 OCTOBER 18.20,1 ZBA PUBLIC HEARING TR',,NSCRIPT TOWN OF SOUTHOLD MEMBER TORTORA: As long as you understand that in making these decisions you're asking tbr two things. One is tbr the house to be an accessory to the other. In other words in a home occupation, yes you can have a home/office, an architect studio, a yoga studio, whatever, providing you meet requirements for that Code. But if that becomes a business and that's the principal use of it, that's why the Chairman is questioning. Make .,,'our mind up now, what is )'our principal use. BOARD SECRETARY KOWALSKI: Because you have Fire Codes, you have State Construction Codes that gets involved with businesses. So it's different than a house. MEMBER TORTORA: In other words, if you want to have a house, and you want to have a home occupation in the house and we have lots of those, we have lots of people who operate their little business out of their house. BOARD SECRETARY KOWALSKI: It's home/office. MEMBER TORTO[L~: It s home office, home/office professional, etc. SUSAN POPE REED: I thought it took a special part of the Zone to be able to do that. MEMBER TORTORA: No. BOARD SECRETARY KOWALSKI: If you live there. You have to live there. SUSAN POPE REED: I could hang out my broker's license'? BOARD SECRETARY KOWALSKI: But you would have to live there, not rent it. SUSAN POPE REED: I don't want to rent it; l want to have access there. I'm not saying somewhere down the line I wouldn't let somebody take care of it for me. But I'm not, I don't want to rent, it's my space. But I just don't want to have to rush into the commercial end of it. CHAIRMAN: All right, so we'll deal with the residential end at this point. And that's it. BOARD SECRETARY KOWALSKI: What we xvould need then, is an application for a Special Exception and we'd have to re-advertise it. MEMBER TORTORA: I'm not sure that that's what she wants. I think what she wants is two uses, listening very carefully. BOARD SECRETARY KOWALSKI: Yes, I'm not sure that MEMBER COLLINS: Well that's right, I think Ms. Reed made it very clear in the little note she sent to us clarifying her intentions. It's a house and she wants to renovate it, but she wants to be able to preserve the property's conm~ercial status in the B Zone. She said PAGE? OCTOBERIS, 2001 ZB~, PUBLIC HEARING TRANSCRIPT ]OWN OF SOUTBOLD very clearly that's what she wants. The Chainnan said very clearly he that he doesn't think you could ha~e two uses on the property. Thinking back to Voneff I'm not convinced of that but I'm not coming down one-way or the other. My general sense oL I must say in all honesty, is I think Ms. Reed needs a lawyer. [ think you need somebody who is a consultant because you're deep in the Code. MEIMBER TORTORA: We can offer you suggestions but then I'd feel bad if you don't get what you want. SUSAN POPE REED: What do you want? MEMBER TORTORA: It isn't what we want here. CHAIRMAN: You're the contract vendee, we're not. SUSAN POPE REED: I have to say then, and I'm not being antagonistic because I'm in the business. I can sell the lot. I bought the lot because it was a good investment. I have a dream for what I'd like to do there. MEMBER TORTORA: But it doesn't contbnn to the Zoning Code. SUSAN POPE REED: Well it kind of does. I mean if only it could be Hamlet zoned instead of Business zoned. It would conform then, you could do it then. I understand, it' you're telling me that that's what I'm up against, then I'll sell the lot and they'll take the house down, because that makes economic sense. I'm not in over my head. I know where I am. CHAIRMAN: No we said over your head in reference to the Zoning. There was no estimate or intimidation or insinuation. SUSAN POPE REED: No I didn't feel intimidated. I just want you to know the realities of what you're telling me. If I can't approach it in the way that I thought I could, because I thought I bought a house, and I thought if I lived in a house then I could kind of figure out what I might like to do with the house since it's in a Commercial Zone. I understand that's naYve. But, again I'm in real estate I have the Code book and I read it until I'm glazed. I can sell it and the house will go. Nobody except me would try to save that house. CHAIRMAN: What would you like us to do at this point? SUSAN POPE REED: I'd like you, I guess from what I hear is to give the mixed use here. That it would be commercial space. If you want, I'll go for that in the beginning. That I'll go for commercial space on the first floor and above that one or one and a half above that to be a dwelling and we can make it a separate process of when one gets a C.O. and one the other gets a C.O. PAGE 8 OCTOBER 18. ZBA PUBLIC HEARING TRANSCRIPT EOX3, N OF SOUTHOLD MEMBER TORTORA: But what you're asking us to do is the problem. You're asking us to do something we don't have the authority to do. We're not empowered to give you something that it doesn't list in the Code Book. There are no provisions tbr it in the Code, and it's contrary to it. In other words it would be like somebody coming in and saying I want to have these three things, the Code says no. We can't give you a variance on it. You cannot have two uses in that Code, under the Code. There's not a Variance or a Special Exception or anything else we can do about that. One has to be a principal use; the other has to be Accessory. SUSAN POPE REED: Okay, make it's principal use commercial with accessory. apartment. CHAIRIVIAN: You have to alter you're application, okay. So we will give you time to alter your application and we may have to re-advertise it based upon that information. SUSAN POPE REED: Okay. CHAIRMAN: So at this particular point, let's hold it in abeyance; you consult whomever you want to consult, come in and alter the application. It may require an additional Notice of Disapproval or it may not from the Building Department. You presently own this property? SUSAN POPE REED: Yes. CHAIRMAN: So you're not a Contract Vendee, you're not under a specific contract. SUSAN POPE REED: No. CHAIRMAN: Okay, so then we're fine. I thought you were a Contract Vendee, I apologize and that makes a big difference. All right, so that's what we'll do. SUSAN POPE REED: Am I moving forward in the way that I've got a shot at here? CHAIRMAN: We don't do too many of those so, very simply, it's a learning experience. SUSAN POPE REED: Well in the spirit of what was created there, this would be a good thing, but I understand. But I don't, I really don't feel that I want to hire a lawyer and fight something. If I can't create it from what's there, then I'll go sell it to somebody who will put a podiatrist office there. That was the deal that didn't happen. You'll have another vinyl clad whatever on our road. CHAIRMAN: Okay. It's up to you ma'am. Is there anybody else that would like to speak lbr or against this application? Just wait one second: I'll be right with you. So why don't you just let the next person speak and then I'll tell you what I'm going to do. Thank you. Yes, ma'am? Mrs. Youngman we're not ready for you yet. Just give us a couple of PAGE9 OCTOBERI8.2O01 ZBA PUBLIC HEARING TRANSCRIPT TOWN OF SOUTHOLD minutes. It's the young lads' in the back. Good evening ina'am how are you? Could you state 5,our name tbr the record'? DAWN CHARNEWS: Dawn Chamews, my mother owns the house next door. We're glad to see that finally something's going to be done with it. We are all in favor of her making either a business or residential, we really don't care. The only concern we have is if she does go to commercial, there is a two, two and a half foot strip of driveway that is on that property. Our concern is that if she puts a business, which is okay, if she puts a fence it's going to create a problem for my mother. My mother is 76. I personally feel that the house should be knocked down. I've seen that house for twelve years, snow on the roof coming through: rose bushes growing in the dining room. We've had to have a vagrant taken out. We had several , raccoons. We called the Town, they had to go and board it up. Now it's open again lbr raccoons to live in. This is a problem. We really would like to see something done here. I personally feel if she wants to a business and a residential, let her have this to do it, though I know you're against that but I think if she does do something it will be a lot better than what it is right now. CHAIRMAN: No question about it. You may have to come back and voice your opinion based upon the way the application is going to be modified or changed okay. So just be aware of that. But you will be re-noticed regarding that. I know you kind of live next door so it's not a problem. We're not positive yet which way it's going at this point. DAWN CHARNEWS: I don't feel that she's asking tbr something that's way out of line. I mean to have a studio and to have all apartment upstairs, I don't think it's, well to you it's a big deal, but to me I think it's a great thing. CHAIRMAN: It's not a big deal to us; it's just not permitted in our Zoning. That's all. MEMBER TORTORA: We're not permitted to authorize it. We can't give permission tbr it. We have no authority to give permission tbr it. DAWN CHARNEWS: You can't give a special? BOARD SECRETARY KOWALSKI: The Special Exception is a different forum. MEMBER TORTORA: But it would be a totally different thing. DAWN CHARNEWS: So she would have to go commercial first, and then apply for an apartment and she can't do that. MEMBER TORTORA: She would have to make up her mind, xvhich will be the principal use. If she wanted to have a studio in the house she'd have to live in the house. She couldn't rent it out. DAWN CHARNEWS: She'd have to live there year round? PAGEI0 OCTOBERIS, 2001 ZBA PUBLIC HEARING TR~.NSCRIPT TOWN OF SOUTHOLD MEMBER TORTORA: No, but it has to be her primaO' residence. CHAIRMAN: As [ said, I don't think that we've come to that realization, so just hang on tbr a little while and see how we go. I don't mean tonight, I mean in the near future. All right, thank you for coming in and voicing your opinion. Anybody else like to speak'? Okay, I'm making a suggestion that we recess it without a date and then you come back and lnodify your application, re-notice the neighbors, and then we'll see which way we're going to go on this. Is that all right with you? Okay, thank }`'ou. SEE MINUTES FOR RESOLUTION CHAIRMAN: Before the next hearing Mrs. Youngman, you just wanted to give us },'our survey? MRS. YOUNGMAN: Well, when we built our house this is xvhat Van Tuyl did this is the survey. CHAIRMAN: We'll take it. MEMBER TORTORA: What's the date on the sup:ey? CHAIRMAN: July 13~h, 1971. The right-of-way is shown at 32 feet wide. MEMBER COLLINS: So this shows the property line, it says the right-of-way is 33 feet wide. She wants to put it 15 feet from the property line. We know that the dirt is a lot less than 33 feet. MRS. YOUNGMAN: Two cars can't pass on the road. CHAIRMAN: That's going to change Mrs. Youngman, trust me. Yes it will trust me it will, you know why? Because it doesn't meet the 280A Standards for the right-of-way. You cannot enter and exit that property. It's going to change. It's not going to be the person who owns it, it's going to be the next person who is going to apply for a Building Permit. MRS. YOUNGMAN: If somebody does buy that whole eight acres and gets access not on our right-of-way, do we still have to fix our right-of-way? CHAIRNIAN: No. It's going to be the next major project up there is going to be the person that's going to do it. They're going to be sectioned out until they get to that point. So if it's the last persom you'll still have to fix it. And it will have to be approved 15 feet wide, 15 feet high and it will have to be cut back three feet on both sides. I assure you you'll see a major change in that right-of-way and that is the reason why we asked you that question. P&GEII OCTOBER 18.20Ol ZB*, PUBLIC HEARING TRANSCRIPT TOWN OF SOUTHOLD MRS. YOUNGIVIAN: Untbrtunately, to do that you will knock down some thbulous old trees. CHAIRMAN: And there's no way of putting it on the other side of the propel'ty? MRS. YOUNGMAN: Well, )'es we could we'd have to move where the well is aod the well house. CHAIRIMAN: Could you give lnea MEMBER COLLINS: Where is the septic? £'HAIRIVlAN: In the back of the house. MRS. YOUNGMAN: It's on the beach side. CHAIRMAN: Oh it's on the beach side. Could you do us a favor please in the next week before we close this heating next week. Could you just re-look at that other area, where you said that the well and see if you can utilize that and possibly move it over there away from those trees that you might have to knock down that we don't want you to have to do. Maybe you could move it to the opposite side. Okay. Also, maybe you can move it back a little bit farther closer to the trees or a little bit over toward the middle of the lot a little bit farther so it's a little bit away. MRS. YOUNGMAN: If we do it 20 feet or 25 feet, would that be better? CHAIRMAN: Better. MEMBER COLLINS: Mr. Chairman, since you're asking Mrs. Youngman to do things, I'd like to add she take this survey, the actual suv,,ey which we had not seen before, make a decent copy of it and draw onto it where she wants the garage, where the trees are. MEMBER TORTORA: We don't have that in our files. MEMBER COLLINS: Because we need to see it in context. CHAIRMAN: So will you do that for us? I'll try to get down there on Saturday. [ usually go out in the morning. I usually get here about 9:00, so xvhat I'll do is I would say between 9:00 and 10:00 in that general range. MRS. YOUNGMAN: Okay, that's great. Thank you very much. CHAIRMAN: We're going to give you that survey back, our secretai? is copying it tbr us. Just make sure you bring something in tbr us after our discussion on Saturday. MRS. YOUNGMAN: You're going to come? P~.GE 12 OCTOBER 18.20(11 ZBA PUBLIC HEARING TR~.NS£ RIPT TO~3,N OF SOUTHOLD CHAIRMAN: I'm going to tD, and come. Alright? Thank you. SEE MINUTES FOR RESOLUTION 7:40 p.m. Appl. No. 5009 - LOUISE PECORARO. CHAIRIVIAN: Good evening ma'am, how are you? LOUISE PECORARO: There's a new survey dated, I taxed it, September 8d~, 2001. CHAIRMAN: I don't have it. LOUISE PECORARO: Here's the new survey, it has the proposed addition inserted. We're hoping to put an addition to this house. Unfortunately, I wasn't aware that the setback was not in accordance with what it was supposed to be. Originally we thought it was superimposed on the survey. It was originally measured at 28 feet, and then the su~'ey was done at 26 feet, and that's for the rear yard setback. It's a modest addition. CHAIRMAN: 1 had trouble getting into the rear yard of your house. I did see it from the main portion of Hyatt Road. I was going to walk up the driveway but it was a very wet day that I was there. I'm going to go back again on Saturday. LOUISE PECORARO: So there's a rear setback of that 26 feet, there is a fence there. It is my neighbor's. The one point of the addition on lhe angle going out it is essentially 20 x 30 feet. It has a footprint already that there's not, it's just a little like bowling alley section. That part is to come down, that little bowling alley section is on a slab of concrete. It has a bathroom and a kitchen with electric heat. The addition will house a foundation and the kitchen and a bathroom. (inaudible) That's what it is. You would need to walk, you've never seen the rear yard. CHAIRMAN: No I ~vould not, there was no way for me to get in. It's a very strange situation. I was paged at the time that I was up there, so I did not go back. But I did locate the house. Do you have some pictures Ibr us, that's wonderful. LOUISE PECORARO: This is the house, this little section is going to come off. Here it is from another angle. From this area it would come out toward the street essentially. This is the rear yard, the house that is in the rear yard is taller and it's over 100 feet as calculated. This is a photograph from another section of the rear yard. CHAIRMAN: You said there was a bathroom in there? LOUISE PECORARO: This little bowling alley section is to be demolished. And this little bowling alley section is a kitchen and a bathroom. You can't sit down and dine there. PAGE 13 OCTOBER 18, 20~11 ZBA PUBLIC HEARING TRANSCRIPT TOWN OF SOUTHOLD CHAIRMAN: Can we possibly borrow those pictures'? LOUISE PECORARO: Yes. CHAIRMAN: Do you have a driveway that fronts on Soundview Avenue? Do you share that driveway with anybody? How do we get up there? Do I go up from Hyatt Road when I see your house, is there a driveway? MEMBER COLLINS: There's a sign, it says PECORARO. CHAIRMAN: l didn't see it. MEMBER TORTOILA: So the setback according to this would be 26 feet, not 28. LOUISE PECORARO: Yes, she was wrong when she put that on there, it is 26 feet. MEMBER TORTORA: I just want to make sure of what the setback is from Hyatt Road. MEMBER COLLINS: No, from the rear property line. LOUISE PECORARO: It's the rear property line. MEIVlBER COLLlNS: Formally owned by Hyatt. LOUISE PECORARO: No, tbrmally owned by Witherspoon. My property was Witherspoon, but the other property was Hyatt. MEMBER COLLINS: Can I ask, since we're talking about setbacks and what you're doing? Just reading offthe suwey, the survey that shows your house as is. LOUISE PECORARO: Is that the new survey? MEMBER COLLINS: I have the new one but I also have the one done for you some years ago showing the house as is. The way I read it, I'm being s3qnpathetic, understand maybe I don't sound that way. The way I read it, it appears to me you are taking the existing footprint of what's marked patio and concrete, you're going to tear stuff down but you're going to fill in that comer. LOUISE PECORARO: That's right. MEMBER COLLINS: So that you're tbotpfint of the structure increases by the filling of the comer and that comer, when filled in, is now going to be closer to the rear property line than you are now by a modest amount. LOUISE PECORARO: Well, yes. PAGE 14 OCTOBER 18. 2001 ZBA PUBLIC HEARING TRANSCRIPT TOWN OF SOLiTHOLD MEMBER COLLINS: Is that how it sums up'? LOUISE PECORARO: Right, that concrete patio, which I don't have a photograph of there is where the addition is going to go. It's just that the addition extends out on it's right angle. MEMBER COLLINS: By filling in the comer, you get closer. LOUISE PECORARO: Yes, a little more. And I would it because the property line zig zags back there or not but there is a fence and then the person's house is another eighty feet from that fence. So there is quite a distance doesn't block a view. CHAIRtvlAN: But there's woods in back an~,wvay you said. LOUISE PECORARO: Well it's not all woods, there's a house, I have another little spot if you want to look at this. The house that we're talking about is here and there is another house over here that's and there's another house that's this property over here. CHAIRMAN: Okay. LOUISE PECOILa~RO: Do you want this? CHAIRMAN: Yes, sure. LOUISE PECOIL~.RO: Had I known that we weren't in accordance with what the setbacks were supposed to have been, I would have never proceeded, because this is really totally new to me. [ just assumed that one would be denied, if you know the Code, that since you can apply for a variance, and I have gone through the process of having a whole new plan, and all of this is in the works basically informed that the rear setback is a problem. [ wouldn't want it to be a problem /hr my neighbors, if it were, I would hesitate with the proceedings. If it's a problem for the State again, I would hesitate. But if it's not that big of a problem I would like to go ahead. CHAIRMAN: Sure. I don't think, and I should make this announcement to everyone that's here; because of advertising that occurred or lack of advertising, these heatings will not be closed tonight. We will be closing them as a matter of practice next Thursday which is October 25, 2001 at 6:30. Please don't expect a decision tonight because we only are going to close the hearing next Thursday. In other words the newspaper didn't advertise in an appropriate time that they should have advertised, we were ready to do it but they didn't put it in their docket. LOUISE PECORARO: So you're saying that this hearing was not placed in the paper? CHAIRMAN: That's correct, in time. All of them. It went in this week and we have to be five business days. So we're holding the hearing tonight, which is fine. P~GEI5 OCTOBERIg, 2001 ZBA PUBLIC HEARING TRANSCRIPT TOWN OF SOUTHOLD LOUISE PECORARO: But you make a decision after next week. CHAIRMAN: So eve .rything is a matter ofprocedure~ we'll be closed next week. LOUISE PECORARO: Okay, and I don't have to returu? CHAIRMAN: No. We want to thank you for that new SUl~,ey. That's very helpful because if you remember when you first came in, it was extremely disconceming on how we could understand that. But having this new survey, it's good thank you. MEMBER HORNING: The Building Department, in their notice says that there's two problems. LOUISE PECORARO: Oh, the shed. MEMBER HORNING: Now are you able to move that shed, so you can eliminate that problem? LOUISE PECORARO: l would, but the shed has been there since I've been there and the only reason the shed now becomes a problem is because the addition shifts the placement of the shed to being on the side yard now. MEMBER HORN1NG: That's true. Also, now did you look at putting the addition in such a way more in align with the existing house so that, in fact, the shed would still be in the back yard? LOUISE PECORARO: Yes, well I thought I had the condition of a place of living in relationship to the shed. If 1 had to work around file shed, I would rather have the shed work around me, than work around the shed. MEMBER HORNING: You mean you would rather nlove the shed? LOUISE PECORARO: Yes. The truth of the matter is my living space is more important than the shed. So that was my thinking on that. I didn't really think about the shed very much at all because the shed has been there. And by putting the addition where it is without moving the shed, somehow the shed has been moved. Because somehow it is now identified as being in a different location, although it's not in a different location. IMEMBER HORNING: Judging by looking at this diagram it's feasible that you could put an addition on here without intruding on. LOUISE PECORARO: Where would you suggest I put the addition? MEMBER HORNING: Up in here. Then you xvould still maintain you're rear yard setback and the shed would still be in the rear yard. PAGE 16 OCTOBER I~. 2t)01 ZBA PUBLIC HEARING TRANSCRIPT TOV,, N OF SOUTHOLD LOUISE PECORARO: Well. actually there's an existing space that's already where this addition would go. There's actually a concrete patio. That's what you `.`.'ere ret~rhng to. MEMBER HORNING: We look at alternatives and it's conceivable that you, if you positioned it properly you wouldn't need any of these variances. That's conceivable. LOUISE PECORARO: It's very conceivable if I put it over here. But this is my favorite spot. CHAIRMAN: There's also a huge hill itl fi'ont of the house. A huge hill. MEMBER HORNING: In the rear? CHAIRMAN: Well, in the fi'ont yard. LOUISE PECORARO: And to put it here, we would have to look for property. Let me show you `.`.there it would be. CHAIRMAN: The hill is almost LOUISE PECORARO: The house, this is the house, you're suggesting that the addition be put behind this. MEMBER HORNING: Well no, isn't this piece here, isn't that'? LOUISE PECORARO: No, you're suggesting it go fight here. MEMBER HORNING: I'm suggesting it go right, instead offset from it. I'm just saying that if you considered that you wouldn't need any vafiance. LOUISE PECORARO: That would put me back quite a bit. MEMBER HORNING: Put you back? LOUISE PECORARO: Yes, I've spent my money on building plans, I spent money on building permits. CHAIRMAN: Also the way the house is positioned on the lot causes a major portion of with any kind of movement that you have. LOUISE PECORARO: To hear what you're suggesting that of all the places I thought of putting an addition, that was the place, that was the last idea I had. Because the pump is there. There is sort of a driveway there. That was the last spot. It just wouldn't have integrated with the existing structure as ,.*,tell. Where I decided to put it was already, there's a space there that's been there. It's an extension of the existing kitchen and dining PAGE 17 OCTOBERIS,200I ZBA PUBLIC HEARING TRANSCRIPT TOWN OF SOUTHOLD room. It's just like if you extended the outside area and covered it over, you would have a dining room and that's essentially what I am doing. CHAIRMAN: We just have to ask those questions, that's all. So you are aware of it. If there anybody else that would like to speak asking any questions of the applicant that is? Okay, we'll see goes on during the hearing, see if anybody else has any questions from the audience. So please don't leave until we recess the hea,Sng until next week. You can leave, I'll give you the high sign wheo you can leave. LOUISE PECORARO: You're telling me I need to stay longer here'? CHAIRMAN: Just stay tbr a couple of minutes. LOUISE PECORARO: Okay. Thank you. CHAIRMAN: Is there anybody else that would like to speak tbr or against this application? UNKNOWN: I would like to speak for. CHAIRIVlAN: Okay, would you state your name tbr the record ma'am? ELLEN NEFF: My name is Ellen Neff, I live in Greenport and I have known the applicant for more than ten years. What I see in the plans that you have before you is a variance of a rear yard setback that the proposed addition is in keeping with others in the neighborhood and that it solves some problems that they may have more living space ora better grade and it would still be in modest of scope. I guess that's all that I want to say about it. It's a variance of, in choice of a scale, on a small scale relatively speaking especially because the angle of the building violates the rear yard code just a portion of it, not the whole building. The height simply doesn't encroach anything. CHAIRMAN: Thank you. Is there anybody else that would like to speak? Hearing no further comment I'll make a motion recessing to October 25th at 6:30 for the purposes of closing. Now you can leave. SEE MINUTES FOR RESOLUTION 8:00 p.m. Appl. No. 5008 MANZI HOMES. This is a request for a Variance under Code Section 100-244B, based on the Building Inspector's August 17, 2001 Notice of Disapproval. Applicant is proposing to construct a balcony addition which will be less than 60 feet from the rear lot line, at 400 Rene Drive. Southold; Parcel 100-54-6-4.4 CHAIRMAN: Good evening sir. What would you like to tell us about your application sir? TONI SCHLICHTER: I'm Tmn Schlichter. PAGEI$ OCTOBER 18 2£~1 ZBA PUBLIC HEARING TRANSCRIPT TOWN OF SOUTHOLD BOARD SECRETARY KOWALSKI: How do you spell your last name? TOM SCHLICHTER: S C H L [ C H T E R. We're in contract with Manzi Homes on that house that is being built on our property. This is just a simple balcony off our bedroom. It's 4 x 8. It intrudes slightly in the air space of the setback on the house. As tar as we can tell it wouldn't be an obstruction to anybody's view. It's a simple addition to allow us to enjoy the view. CHAIRMAN: Okay, while you're standing there we'll start with Miss Collins, any questions of the applicant? MEMBER COLLINS: When did the balcony come into the picture? You said you had a contract vendee. Were you in on the planning of the house or did you come along when it was already done. TOM SCHLICHTER: We were in on the planning of the house. IvlEMBER COLLINS: The balcony wasn't proposed then'? TONI SCHLICHTER: The balcony was originally proposed, we were told that it was a slight confusion oil the setback so we decided to remove it. Because we thought that the variance process would be as long as the permit process which was a rather long time. So then when we found that going for a variance would take less time in opposed to. MEMBER COLLINS: Do it now and ask for a variance later. TOM SCHLICHTER: At least it's not as built. Like so many you get. CHAIRMAN: Right. TOM SCHLICHTER: We thought that we would approach the Board first. CHAIRMAN: Mrs. Tortora? MEMBER TORTORA: No, essentially it's a four foot variance, is that correct? Code setback is 6 feet, your proposing tbur feet, the encroachment is area. Is that correct? CHAIRMAN: Mr. Homing? MEMBER HORNING: No questions. CHAIRMAN: We thank you sir as I have stated we will not have a decision tonight, we will recess this until next week and then hopefully we will address that situation next week. We thank you sir. Just don't leave until we actually recess the hearing. Is there PAGE 19 OCTOBERIg. 2~01 ZBA PUBLIC HEARING TRANSCRIPT TOV~N OF SOUTHOLD anybody else that would like to speak tbr or against this application? Seeing no hands, ['I1 make a motion recessing it to October 25th at 6:30. SEE MINUTES FOR RESOLUTION 8:05 p.m. Appl. No. 4997 - MICHAEL CARBONE. CHAIRMAN: Mr. Fitzgerald how are you tonight, sir'? JAMES FITZGERALD: Fine thank you, how are you? CHAIRMAN: Good. You had sent us some plans on this particular application? JAMES FITZGERALD: If I may, the house location shown on the surcey which is in fact parallel to the road. As been thought better of, Mr. Carbone would like to have the house located more in keeping with all the existing houses. This is the location that I gave you originally, and in the highlighted house is the location that we propose. It is the same distance fi'om the bulkhead and it meets the side yard setback requirement also. It should be noted that the house that we're proposiug is essentially the same distance behind the bulkhead as the existing house. CHAIRMAN: Because you have an existing house you do not have to go to the Department of Health Services, is that correct to your knowledge? JAMES FITZGERALD: We intend to relocate the septic system. It has been requested that it be placed in the, if you look at the map, you've got the right hand comer of the property which is close to the septic system of the property to the south. CHAIRMAN: I realize that the setbacks are existing, but this is an extremely ambitious renovation. Is there any wa)' for us to understand the magnitude of this house other than through a rendering? Is this house constructed anywhere? JAIVlES FITZGERALD: In what way? CHAIRMAN: Well, we're talking a 2 !5 story house now as opposed to a low ranch that exists. I'm just saying that it's certainly an ambitious plan, there is no question, it's a gorgeous plan I'm not taking an)thing away from it. But it's tough to visualize the magnitude of something this large. JAMES FITZGERALD: The house immediately to the south is very similar to the existing house, but the next three houses are all two story houses. The three houses between these two ranch houses on the creek. Thai would be a way to visualize it. The height is going to be essentially the same as those houses. Then the two story part of the house is only about 60% of the total width of the structure. PAGE 20 OCTOBER I$, 2o01 ZBA PUBLIC HEARING TRANSCRIPT TOWN OF $OUTHOLD MEMBER TORTORA: This copy that you just gaxe the Chairman ~ve didn't have that in our package to review. Are you just gMng it to us tonight to ' ~ re,.lev~. You don't have any of this? b,'IEIVIBER COLLINS: No, well Mr. Fitzgerald just gave it to us, and we said that we are not going to consider the hearing something that we get at the hearing. We have to ha~e time to look at it. MEMBER TORTORA: It's vet3.' hard, I just want to make a couple of obsen'ations. You're existing setback is 38 feet and your proposed addition is actually is you are proposing to swing the entire house around so that it is no longer parallel to North Bayview Road, but lnore parallel to the bulkhead. So in essence, you have created a 38 I:bot line, the entire house is going to be much closer to the bulkhead. JAMES FITZGERALD: The existing house is on the tbld back line. MEMBER TORTORA: That's only at one point though at it's very closest point. The main house is going to be considerably closer, the entire thing is. The setback is 75 feet, all of the new house is going to be within 75 feet, this whole area. JAMES FITZGERALD: The existing house is shown on the other side of that document and all of that is essentially in the same location. MEMBER HORNING: But according to the document that you submitted it says here that it is currently 40 feet from the bulkhead. CHAIRMAN: It's actually 38. MEMBER HORN[NG: It's actually 38'? JAMES FITZGERALD: Yes it measures 38. It's 40 feet on the original survey. MEMBER COLLINS: Lydia could I just follow up on your statement. One is we absolutely have to have time to study this before we can go much further. But I think that the point that I want to support that you were making is that on the existing house, I know well they were trends of my mother, the spot that's closest to the water is a deck and on the proposed house the same distance from the water is going to be a great big 2 !5 story house which is really. JAMES FITZGERALD: That's a deck sticking out in the back. MEIVlBER COLLINS: Oh it is a deck? JAMES FITZGERALD: Yes, that bay window marks the house. MEMBER COLLINS: Oh, then I slightly withdraw what I said. PAGE 21 OCTOBER IS, 20Ol ZB4 PUBLIC HEARING TRANSCRIPT TOWN OF SOUTHOLD MEMBER TORTORA: But you're still swinging more of the house around, a lot more of the house is going to now be closer than what is existing. JAMES FITZGERALD: I don't thiuk that's so. MEMBER COLLINS: Actually Lydia. I think he's fight. It's the angle of the existing and the proposed here are essentially' the stone. JAMES FITZGERALD: This is the original survey that Mr. Goehfinger asked about. and it shows the existing house. This is the survey that was submitted to the Building Department and it shows the existing and the proposed house on the same map, which unfortunately the surveyor didn't have the skill to. CHAIRIVlAN: Are we going to need alternate staking for us to understand this? JAMES FITZGERALD: Need what? CHAIRMAN: Any alternate staking on the property to understand this. Is new staking required? JAMES FITZGERALD: I don't think so. I think what we need is to get the surveyor to put the existing house and the proposed house on the same sketch as it is done here. CHAIRMAN: Would you like to do that for us? JAMES FITZGERALD: Sure. MEMBER HORNING: With the setbacks. JAIMES FITZGERALD: Yes. MEMBER HORN1NG: Because this one doesn't even show what's existing. CHAIRIvlAN: Then what I will do is then go back and look at that aspect that you were suggesting of the two story houses that are there. JAMES FITZGERALD: Yes, if you could get somebody else to drive so that you can look. CHAIRIMAN: I'm just going to stop with a cup of coffee, and I'rn going to study. MEMBER COLLINS: On a personal comment on this Mr. Chairman, the house that's not next to it but beyond it, the first two story house which was Harold Brown's house I've spent many, many summer weekends visiting and I know it well and it's not 2 V2 stories and it's not anything like the size of this house. This house is consistent with the P~,OE 22 OCTOBER Ix, 2001 ZBA PUBLIC HEARINO TRANSCRIPT TOWN OF SOLrTHOLD neighborhood ilL' you cross North Ba?iew Road and you go into the old LaMorte property, where people are building mac-mansions. MEMBER TORTORA: So in all fairness to you, give us time to look at it. CHAIRMAN: Does that house have a basement in it Mr. Fitzgerald'? JAMES FITZGERALD: The plans show a basement, however, I think the architect is going to bare to re-think that because of the flood zone situation. CHAIRIMAN: Okay, what would you like us to do, would you like us to recess this tbr a little while or. It's recessed tbr a week. you can't get this to us in a week can you? JAIVlES FITZGERALD: Sure. CHAIRMAN: Oh, good. MEMBER TORTORA: But how are we going to review this'? CHAIRMAN: Well, we're going to review it as part. after we close the hearing, we'll review it. We have sixty MEIVIBER TORTORA: No. [ mean if we don't have this in our file? CHAIRMAN: It doesn't mean literally we have to make a decision next week. We could still review it. BOARD SECRETARY KOWALSK[: He's asking you when would you like it? CHAIRMAN: By Wednesday. JAMES FITZGERALD: Sure. I'll have it for you Wednesday. BOARD SECRETARY KOWALSKI: They're picking their mail up Wednesday afternoon, so if it's not there. Well they may want another recess is what Lydia's saying. CHAIRMAN: We thank you Mr. Fitzgerald. Is there anybody else that would like to speak tbr or against this application? MICHAEL CARBONE: My name is Michael Carbone, this is my property here. Just one thing, maybe it has nothing to do with this, but along the street where the high school is, where the church is CHAIRMAN: Oaklawn Avenue. PAGE 23 OCTOBERIg. 2001 ZBA PUBLIC HEARING TRANSCRIPT FOWN OF $OUTHOLD MICHAEL CARBONE: Oaklawn Avenue right. Right next to the bridge there is a home that was built last year. and it's about five t~et from the bulkhead. CHAIRMAN: We know that, we did the variance on that. We worked tbr intently, lbr about two months on that application. Just the deliberation was two months. MICHAEL CARBONE: I don't understand it. CHAIRMAN: There was a footprint there and all we did was super-impose on the tbotprint. And basically what I think you're asking is approximately the same thing. But we can't visualize that until Mr. Fitzgerald gives us that survey. MICHAEL CARBONE: We'll get that quickly. CHAIRMAN: You must knox,,' the sun'eyor too. I'll make a motion recessing the hearing to October 25th at 6:30. SEE MINUTES FOR RESOLUTION Short Break at 8:20 p.m. 8:25 p.m. Appl. No. 5016 - CHARLES WHELAN. CHAIRMAN: Good evening sir. We're been to your property and we understand the slope, we understand the D.E.C. problems, we understand the Town Trustees problem, so on and so forth. I guess the question I have to ask you is, why so close to the property line. JOHN PRIZEMAN: Me and my wife have been looking for a piece of property tbr a couple of years now that would be on the water and give us a view. Most of the property that was on the water was terribly expensive. This piece was terribly reasonable. The real estate person pointed out to us that if we angle the house at a certain angle we would be able to get a view of the water. So the first thing I did was to check with the D.E.C. The D.E.C. pushed me (inaudible). Exactly the way it was angled giving a view down where the actual Bay was, the Bay area. We went to the Trustees and they pushed me back fifty feet which was the actual setback. So then I considered turning the house from both points. So I turned the house I ended up looking at my neighbors house. So I do still get a little bit of a view. I took house pictures, I took a picture of the view from the living room (inaudible) I didn't really want to be back that thr, but when I tried turning the house the other way. long 35 tbot setback. Look out directly to the woods which is across from Bay Avenue which is on the other side. CHAIRMAN: I'm not trying to sound unsupportive, uncaring or any of those things, but this Board doesn't really deal with waterviews. We understand that it's a waterfront piece P&GE24 OCTOBER I~, 2001 ZBA PUBLIC HEARING TRANSCRIPT TOWN OF SOUTHOLD of property. Mrs. Tortora, who is sitting to my left and to your right, will tell you that we do explain back and tbrtb one issue as opposed to another issue I just don't know if this one is going to fly. [ think that if thc building, the proposed drawing was built as the normal houses are built along that block, then I think we could go along with setbacks from the water if we had to, or setbacks, or a little encroachment on the road; but this is a vast change to capture something that I think is a little. JOHN PRIZEMAN: INAUDIBLE maybe I could go back to the Trustees and the3,' n-fight let me move it back a little bit more. MEMBER COLLINS: Mr. Chairman? CHAIRMAN: Yes. MEMBER COLLINS: Addressing precisely that point and knowing that this Board would be exceedingly resistant to the kind of front yard setback you were proposing, I did my little architectural thing by taking your plan, tracing out the house and fiddling with the house on a little piece of paper; and it seemed to me that by rotating the house a bit that you can significantly increase your front yard setback without violating the line the Trustees had set fur you. That's how it looks to me and I think Mrs. Tortora played the same game with scissors and kind of came to the same conclusion. I personally would be willing to see a front yard variance with a 25 or 35 foot setback. I think it's doable with the house you planned angled slightly differently, certainly not angled square to the road, which you don't want to do. That's my architectural contribution. JOHN PRIZEMAN: Did you look at the picture angled, sort of twisting it to the right'? So you can see the house on the right hand side, the house into the view of the water. The water is just to the left of that. MEMBER COLLINS: I understand JOHN PRIZEMAN: As you go around more it's going to look like the house comes further across the picture right now. So you are actually looking basically at the side of the house. We're not happy with the angle where it is now, MEMBER COLL1NS: Back where you were your original thought was you could be much closer to the marsh. JOHN PRIZEMAN: If you look at the survey originally the D.E.C. said I had to be back from the 10 tbot pump. So as long as I was a couple of feet behind that, that was fine. So the angle of the house, if you move the whole thing lbrward 35 foot setback. The lady next door wanted to the trees, and the Trustees wanted it further back PAGE 25 OCTOBER I~1. 2001 ZBA PUBLIC HEARING TRANSCRIPT TO'¢~N OF SOUTHOLD CHAIRMAN: Are you done Lora? MEMBER COLLINS: Yes I am. CHAIRMAN: Mrs. Tortora? MEMBER TORTORA: A couple of things. One the houses that [ saw in the community, the neighbors are all setback at least 35 feet. That's number one. JOHN PRIZEMAN: Yes, I measured it. MEMBER TORTORA: Is that accurate? JOHN PRIZEMAN: Yes, absolutely. MEMBER TORTORA: I live near the water, ! have what's called a winter waterviexv. I live in an old subdivision, built around 1948 and I'm setback 35 feet from the road. If I was setback 16 feet from the road I'd have a much better waterview. But I don't think my neighbors would be very happy. The bottom line in a case like this is you have an opportunity to build any kind of house you want. You can build a two-story house, you can build a one-story house. You can design it with a two-story house with a deck on the second level. Those are all your options. JOHN PRIZEMAN: I have checked the house in the area, nobody has a two-story I wanted to kept the house low. - ........... tape muffled ................ MEMBER TORTORA: and meeting the D.E.C. requirements, meeting the Trustees requirements, meeting the side yard requirements and meeting the front yard requirements you don't need a variance, you have alternatives. The detriment to the community is simple. If all of the houses in the area that you were all to come in to us and say, "hey we all want more of a water view so we want to be 15 feet from the road. 15 feet is the distance from you to me, it's too close. There is no reason why you can't meet the Code here and preserve the character of the neighborhood. The character of the neighborhood is established. What you're asking for, in my view, would be a detriment to your neighbors. So I will not grant your variance. I will not vote to grant your variance on this lot. That's my personal opinion. CHAIRMAN: Mr. Homing? MEMBER HORNING: Again, tell us why you're proposing to put a brand new building in such an odd angle on the property. JOHN PRIZEMAN: Have you been out to the property? MEMBER HORNING: I have not. I'm from Fishers Island. PAGE 26 OCTOBER 18.2001 ZBA PUBLIC HEARING TRANSCRIPT TOWN OF SOUTHOLD JOHN PRIZEMAN: It's kind of hard to understand unless you go down there. MEMBER HORNING: [ saw .,,'our photo submission. JOHN PRIZEMAN: The actual view of the Bay is right down across the front of this house here which is on the south side. So the angle, it sort of places it exactly southeast. If you move it down the other wa5', it's more you come up more into the setback. It's the only angle you can actually get a view. If you turn the house right way you don't get a view your just sort of MEMBER HORN1NG: Thank you. CHAIRMAN: We'll see what develops throughout the hearing sir. You may want to say something else. Do you have any green cards for us? Would you check that for us please. Who would like to speak concerning this application? Yes ma'am. Kindly state your oame for the record. HOLLY BUTLER: My name is Holly Butler I live across the street from Mr. Prizeman's property. I'm concerned basically with what most of you have a reason with. First of all, that this house the way it's aligned it would pertrude into the various · I also think Mr. Prizeman does have the option to turn the house around and have actually probably a better view than he thinks he does. We actually have a view of the creek fi.om where we are which is further back. We are fifty feet from the road, across the road fi.om him and there is water view there. Now you would probably not get the Bay view because the problem is not on that section, it's several houses to the southeast. But I think if you actually considered and went back and looked at the property and pictured some of the houses around, you might have to design