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HomeMy WebLinkAboutZBA-11/14/1996 HEARING IITRANSCRIPT OF HEARINGS HELD NOVEMBER 14, 1996 (Continued) 9:08 p.m. APPL. No. 4443 ~ARIE TOBER, Owner. This is an application of Marie Tober of 1000-43-4-38 indicating the house parcel and the parcel next to that is the one adjacent to it, which is 1000-43-4-33. I have a copy of the Suffolk County Tax Map indicating this, and surrounding property in the area. Your representing Mrs. Tober? PATRICIA MOORE ESQ: Yes, I'm representing Mrs. Tober. I promised I would be very brief. This simply is a situation that was created by the death of Mr. Tober. The property, the one property Lot 38, the lot that faces, that's between Inlet Lane and Wood Lane. It's a long oversized parcel. CHAIRMAN: Right. PATRICIA MOORE ESQ: That parcel was first purchased in 1970 by husband and wife as joint owners. Later, in 1978 eight years later Mr. Tober (Mr. and Mrs.) but in Mr. Tober's name alone to avoid the merger, purchased Lot 33. The lots continued to be in single and separate ownership until unfortunately Mr. Tober died, and then Mrs. Tober as the joint owner of the larger parcel, required title to both properties and the merger occurred. So, this is the classic example of doing everything you can to avoid the merger, and one thing you can't avoid is death and taxes. I have the affidavit of posting. Mrs. Tober's here. If you have any questions. CHAIRMAN: What did you say the day of death was? PATRICIA MOORE ESQ: The day of death? MRS. TOBER: Decel~er 1994. PATRICIA MOORE ESQ: 1994, and the properties were presumed to be separate until the contracts were prepared and the Building Department was, and there was an investigation of the Building Department and that's why we're here. SECRETARY LINDA KOWALSKI: Thank you Pat. CHAIRMAN: Thank you. OK, well start with Mr. Doyen. Any questions? MR. DOYEN: No questions. CHAIRMAN: Mr. Dinizio? Page 2 - Novell~er 14, 1996 ZBA MEMBER DINIZIO: This is interesting. CHAIRMAN: It has you speechless. Mrs. Tortora? MEMBER TORTORA: Actually I don't have any questions. CHAIRMAN: OK. For the record I just want to say this is Mrs. Moore representing. OK, Mr. Villa? MEMBER VILLA: No. CHAIRMAN: OK PATRICIA MOORE ESQ: Thank you CHAIRMAN: OK, is there anybody in the audience that would like to speak in favor of this application? Any additional people? Anybody like to speak against the application? OK, hearing no further col~ent I make a motion closing the hearing and reserving decision until later. (Motion carried). Page 3 - Novell~er 14, 1996 ZBA 9:12 p.m. LONG ISLAND LIGHTING COMPANY, concerning premises presently owned by STYPE BROS. REAL ESTATE, INC. referred to as 8550 (vacant land) Main Road, Mattituck (near Laurel), identified as 1000-122-7-6.6, further identified as Lot #2 consisting of 35,798 sf. as shown on the Subdivision of Map of "Frank Murphy Garden Center" approved by the Southold Town Planning Board 4/12/1982. Applicant, as contract vendee, is requesting: (a) Application No. 4429SE - Special Exception for Use of Vacant Land as shown on plot plan for a compressor station building fence enclosure in this "B" General Business District. (b) Application No. 4430 - Variance under Article XXlll, Section 100-231-A for permission to construct fence enclosure, which exceeds maximum fence height restriction of 6 feet when located in the front yard, and which exceeds 6-1/2 feet in or along side and rear yards. CHAIRMAN: This is on behalf of Long Island Lighting Company. I have a copy of the site plan, which is rather extensive for this piece of property, produced by the Office of Engineering of Long Island Lighting Company and it's dated Novell~er 6, 1986 and John Andrew DeLuca. SECRETARY: 1996. CHAIRMAN: 1996, and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Would you kindly state your name for the record Sir? Mr. Maurice Fitzgerald: Yes, Good Evening Mr. Chairman. My name is Maurice Fitzgerald. I'm acting as agent for Long Island Lighting Company, and making a file for this application. I have with me tonight also a Mr. Robert Hogg who is the project Engineer, if you have any questions on the overall scope of the project. Basically, I have a real quick thu~nail. CHAIRMAN: Can I just ask you? The Nove~er 6 is the most recent? MR. ~AURICE FITZGERALD: That is the most recent. CHAIRMAN: OK MR. ~AURICE FITZGERALD: I just checked that in my own column. We have been working with the Planning Board, the Building Department. That is, in the revision of having a coordination of alot of reco~endations that came out of Planning Board. What we are proposing here is a compressor station facing a booster Page 4 - Novell~er 14, 1996 ZBA station. There are about 4,000 gas customers East of the proposed site which we serve. We're running into some operating difficulties now, on the infrastructure. On a cold Winter morning, I'll call it a zero degree day, when all the furnaces are starting to kicking in and everything else. The gas pressure out on the East End of the North Fork, tends to drop very low. Basically, the gas come out of Riverhead. A six inch pipe runs along Main Road, all the way out to Orient. At this point, our Planning people selected this kind of area, and the pressure has been dropped, and we're going to put in a booster station, that will pick the pressure back up on these cold operative days. Normally, the station will be unmanned. It's small, with two compressors. One is electric driven, and the other one is gas driven. The natural gas system, not gas related. The gas driven one is a back up. The normal one will be operating most times, would be the electric system. We will basically be taken the gaskets out of the road there, bring them back up to a normal 60 pounds per square inch operating pressure, and letting it go right through. When the pressure is up normally, it just b!rpasses the station, and the station is out of operation. It's remotely controlled. There are not enclosures on the property, that would house a person. There is going to be no sanitary facilities or any tpe there. Basically, we proposing two concrete slabs, and putting compressors on both slabs, with gas piping on the ground, in and out. What we're doing on the property, if you've seen it and looked at it. There were green stakes on the property, which indicated the corners of the fence, where you knew where it was. The elevation that your looking at on that piece of property now, will be reduced by about two feet. In other words, were going to scoop out a bowl and create a berm around the three sides of the station, which will give you a deferential of height of about five feet, which will be where the compressors are going to be sited on the ground, on the top of the berm. On the top of the furrows, will then be planted trees, we show on the plot there. The fence also, where we asking to put a variance on, will be set at the lower level. It will be hidden behind the berm, and behind the foliage of trees. I have some sketches here. I'm not trying to test your eye site, or anything else. I had them made up for the Planning Board. I'm planning to bring them up and show them to you. CHAIRMAN: What we'll do is, we'll take a short recess, and look at them during the later part of the hearing. MR. ~AURICE FITZGERALD: OK CHAIRMAN: Could we say that your sterilizing this piece of Page 5 - Novell~er 14, 1996 ZBA property? MR. ~AURICE FITZGERALD: I beg your pardon? CHAIRMAN: Could we actually say that you were sterilizing this piece of property. In other words, that the impact of this particular devise that your placing on this property, is the only thing that will be placed on this property, and that nothing else will be constructed on this property. MR. ~AURICE FITZGERALD: That is correct. Well, when I say nothing else, your looking plot plan. There is going to be a concrete plan for a power transformer, a power transformer to drive the compressor. A power pedestal tpe of frame from the meter and so forth, and everything else is underground. CHAIRMAN: OK, is there any drum from the compressors when they operate? MR. ~AURICE FITZGERALD: There is noise out of the compressors. We talked, we've addressed this with the Planning Board. The Town of Southold does not have a noise code, per say. We've compared it against the Town of East Hampton code, and at the property line we're well within the code. The electric one is quiet, which is the one we normally run. The gas driven one will be a little noisier. It's the information we gave to the Planning Board. CHAIRMAN: Would it be noisier than a diesel engine idling. MR. ~AURICE FITZGERALD: Null~ers we came up, and don't laugh, but it sounded like just birds chirping almost, because once running, it's equipped with a hostel grade muffler. MR. : What kind of bread. MR. ~AURICE FITZGERALD: It's low. It's like the noise on the road, with cars and so forth. The compressors also, reme~l~er the system itself is only going to be ran in the Winter primarily, because that when high gas for consumption is. It will be ran in the early mornings before the key punch is put on for the heating, to boost the pressure out and probably late in the afternoon, when cooking and heating starts up again. It's only in the cold days when the windows are all shut. What we've done was noise testing to provide the data. CHAIRMAN: I'm not trying to disrupt your presentation, but is there any plant like this around, that these people could look at? MR. HOGG: The only thing we have that is similar to the Page 6 - Novell~er 14, 1996 ZBA Assessment is in the frontal yard. We have some natural gas filling stations, that are in the same kind of enclosures. CHAIRMAN: This Lady works that's concerned about this, and I'm pointing to her in the audience, and it's unfortunate that I'm doing that, but just for the record, this Lady works in Hauppauge, and she could zip over to Brentwood at some time, and look at it. MR. ~AURICE FITZGERALD: I could meet you there. MRS. MELLENDER: I work in the Industrial complex and we have been (rest of sentence inaudible not using mike) a station there, and all of our lights were gone. We really have a very big problem with it. You know the one on ( ) . MR. ~AURICE FITZGERALD: ( ) MRS. MELLENDER: I'm very concerned about it. MR. ~AURICE FITZGERALD: It's very similar to the enclosure you have in the back. You understand, the generator back here. I mean, just to idem myself. I don't know what kind of noise level that thing puts out. CHAIRMAN: Well, it's on flat ground and it does put out some decimals. There is no question about it. We have the exact same diesel generator. MR. ~AURICE FITZGERALD: That's diesel generator. CHAIRMAN: We have the same tpe of diesel generator on a fire vehicle in Mattituck, and it makes an ordinate amount of noise. MR. ~AURICE FITZGERALD: This one is now coming with a sound enclosure, to mitigate the noise, plus a buffer. CHAIRMAN: OK, all right. MR. ~AURICE FITZGERALD: The fence variation we're asking for, basically is a normal security fence. It will be covered with a wood cedar panel in the front of it, so you won't be able to see through it. As I said, the elevation of the site dropped two feet, from the berm built up three feet, and I have a five foot difference, and I'm going to put planters on top of that. The electric and the telephone also, are all underground. CHAIRMAN: OK MR. ~AURICE FITZGERALD: Some man, maybe somebody will go by once a week and check instrumentation and stuff like that. Page 7 - Novell~er 14, 1996 ZBA Maybe a little more in the Winter time. CHAIRMAN: OK MR. ~AURICE FITZGERALD: Those structures where anyone can even walk inside. CHAIRMAN: The purpose of my question to ask you that about just these two devises, is the fact that you're not going to come back with another application. The installation or any other fixtures on this property to our knowledge at this time. I mean in the near future. MR. HOGG: It is not our intention. MR. ~AURICE FITZGERALD: No CHAIRMAN: OK MR. HOGG: This will be it. MR. ~AURICE FITZGERALD: There isn't that much room on it either. The site is not that big. CHAIRMAN: Right. MR. ~AURICE FITZGERALD: Putting a driveway in for a turnaround for a truck or something. CHAIRMAN: I mean, your not putting in any fixed building in, for the storage of anything? MR. ~AURICE FITZGERALD: No CHAIRMAN: Above the ground building, other than these two fixtures. MR. ~AURICE FITZGERALD: These two fixtures, and then basically they are moveable. They can be traveled. They'll come on there own chassis. Just drop, no wheels or anything. Just like a slabs, and that's it. CHAIRMAN: In other words, they may be taken up and taken away for the Sul~ler, or could be? MR. ~AURICE FITZGERALD: No CHAIRMAN: No, they're permanent structures. MR. ~AURICE FITZGERALD: They're permanent structures. I don't like to refer to them as structures because people get the Page 8 - Novell~er 14, 1996 ZBA vision of walking inside. The best they are, are access power, open them up and reach inside. CHAIRMAN: Right, ok. MR. ~AURICE FITZGERALD: Basically, we worked with an issue that may come up. I don't know if Linda, did Jill talk to you, when the Trustees come back tonight. SECRETARY LINDA KOWALSKI: No, they didn't say anything to me. MR. ~AURICE FITZGERALD: They should have come back. This at one point is a map of wetland. SECRETARY LINDA KOWALSKI: Yes MR. ~AURICE FITZGERALD: OK, it's been filled in for, I don~t know how many years. I think when the State realigned Main road, and did work on it, way back when. But the State didn't receive that, so I have an application with the Trustees also on that. CHAIRMAN: Good MR. ~AURICE FITZGERALD: We have a DEC permit on the issue. CHAIRMAN: A non jurisdiction. MR. ~AURICE FITZGERALD: another one. Yes, and we're planning on building CHAIRMAN: OK, we'll start with Mr. Villa. MEMBER VILLA: Will I think you've addressed some of my problems. You mention that the berm will only be three feet. MR. ~AURICE FITZGERALD: That's correct MEMBER VILLA: I see that you have it appropriate lined. MR. ~AURICE FITZGERALD: No, in fact the elevation are showing are that site plan. MEMBER VILLA: And secondly, you did mention already that this land is already filled, and structurally we're dealing with gas. If you're on filled land, I'm would assume that you've taken borings and everything else, and you don't have any problem with structure or anything. MR. HOGG: The problem is, we get permission for pilings to support it. When we look at it, it gets taken down. Page 9 - Novell~er 14, 1996 ZBA MR. ~AURICE FITZGERALD: That site plan does show piles under the (Unfinished sentence). MEMBER VILLA: With gas if there is a gas leak, we've already address that, so there is no problem. CHAIRMAN: Mrs. Tortora MEMBER TORTORA: No, the only other thing I'm thinking, you've addressed noise, and I think you've addressed traffic. I don't think there is going to be an increase in traffic at all. MR. ~AURICE FITZGERALD: No, we've built a turnaround leading on the property, so the trucks can drive out safely. CHAIRMAN: Mr. Dinizio MEMBER DINIZIO: No CHAIRMAN: Mr. Doyen MEMBER DOYEN: No CHAIRMAN: OK, the question is, "Where do we go from here". Do we recess the hearing until the regularly scheduled meeting. Do we allow Mrs. Mellender to meet you Gentlemen, and let her deal with the aspects, because she is not only a Mattituck resident. She and her husband do live in the area, as well as my parents live in the area, and have her get back to us at the next hearing, and we'll close the hearing, or shall we close the hearing and wait for her col~ent regarding it. What we're going to do at this particular point, is very simply, take a five minute recess, and we'll allow everybody to look. Yes. MEMBER DINIZIO: Does she want to make some co~ents. MRS. MELLENDER: What I want to do is really, not really to complain. I was very surprised when I read the paper tonight, and it said some things that I would just like some answers to. CHAIRMAN: OK MRS. MELLENDER: And perhaps if, I'm looking for safety, I'm looking for the concern of what happens to our area, and what it will look like, so I want to make sure that they are coming in and not interfering with what the neighborhood looks like. CHAIRMAN: You will go over to the plant though, and listen to the drum. Page 10 - Novell~er 14, 1996 ZBA MRS. MELLENDER: I'm going to go over, sure. CHAIRMAN: OK, because I would like you to do that, and report back to us, because we'd like to know what the drone is. Then we'll recess it. MEMBER TORTORA: Mrs. Mellender, why don't, nice drawings up here that you could look at, I'll give you a copy of my site plan. MRS. MELLENDER: MEMBER TORTORA: any questions. there is some very during the recess. OK And that way you can look over it, MRS. MELLENDER: I'm not coming representing anybody. CHAIRMAN: You don't have to come representing anybody. if you have MRS. MELLENDER: Just to have some of my questions answered. CHAIRHAN: OK MR. MELLENDER: What potential danger could there be on situation, such as this. Is there any potential danger? MR. ~AURICE FITZGERALD: We have a gas main right now, the street. EVERYBODY IS TALKING AT ONCE. the right in CHAIRMAN: Let's just rephrase the question. The question was from Mr. Mellender. What is the actual danger of this particular, these particular fixtures that Lilco is proposing, and on this site. CHAIRMAN: Mr. Hogg is going to answer that, ok. MR. HOGG: Yes, I will answer the question. There is no danger really. We have a system of gas now in the streets. The system gets monitored. We have a monitored system by gas protection, when you associated equipment like that. These compressors are state of the art", I believe throughout the Country. We haven't used them. On our system we use larger compressors. CHAIRMAN: Let me ask you this question. I'm not an engineer, ok. Mr. Villa is an engineer. Do these compressors physically take gas in them, or are they very simply thrusting something out into the gas main? Page 11 - Novell~er 14, 1996 ZBA MR. HOGG: They take gas from the gas main, boosts the pressure, and puts it right back into the ( ) . CHAIRMAN: Mr. Villa, you had a question. MEMBER VILLA: Yes, I just had one other question, on lighting. I see you have mercury lamps on the four corners. No, are they lite all night? What's the time period on those? MR. HOGG: No, they're not lit all night. They're only lit if the person has to go to the site, to do some work. MEMBER VILLA: They're not on at all, just as safety issues, or anything else. MR. HOGG: That's all they're. If somebody has to report there. MR. ~AURICE FITZGERALD: Not security lighting or anything. MEMBER VILLA: Not security lighting, because I could just see this rosy glow in the sky, you know. MR. ~AURICE FITZGERALD: At the recol~endation of the Planning Board, we cut the height of those poles down to 14 feet. MEMBER TORTORA: So the Planning Board has addressed that issue? MR. ~AURICE FITZGERALD: Yes they have. MEMBER TORTORA: OK, thank you. MEMBER VILLA: So it's just for emergency purposes. MR. ~AURICE FITZGERALD: For emergency purposes. CHAIRMAN: Now before we recess for the five minutes, the electric works on Lilco. The purpose is that everything is operating fine. If the electric goes off, that's the purpose of the second unit? MR. ~AURICE FITZGERALD: That's correct. CHAIRMAN: OK, and that runs on natural gas. MR. ~AURICE FITZGERALD: It runs on the natural gas, right from the pipe lines. CHAIRMAN: So that automatically trigger, if Lilco is not operating at that time. MR. HOGG: A Gentlemen, someone would report to the site and Page 12 - Novell~er 14, 1996 ZBA start that one. CHAIRMAN: And will start that one, OK. MR. HOGG: Yes MR. MELLENDER: If I may, I have one more question. In terms of possible vandalism, somebody hoping that fence which is possible, of someone getting inside, and doing something. Some tpe of action, that could cause a problem. What potential of that happening. What could they do, to damage the use of that. MRS. MELLENDER: There's no relief to say that there is no one there. I would feel better is I knew someone was there. Remote control does not make me happy. Nobody going to be there and your putting all this stuff ( unfinished sentence) CHAIRMAN: Well, we do have another station over on Old Sound Avenue, and no one is there also, and people show up when there is a problem. MR. ~AURICE FITZGERALD: That's an electric station. CHAIRMAN: That's an electric station, ok. MR. MELLENDER: If someone would hop the fence. CHAIRMAN: Well, let me paraphrase the question. Are they sealed units. Are they easily penetrable? MR. ~AURICE FITZGERALD: They are inside a house, locked structure. CHAIRMAN: OK MR. ~AURICE FITZGERALD: During this, I do a particular one. MRS. MELLENDER: Yes MR. ~AURICE FITZGERALD: They are locked and our normal procedure on this gas main, is to have a intrusion alarm, to notify our people on ( ) in Hicksville, to send some one there. CHAIRMAN: OK MR. ~AURICE FITZGERALD Unless someone clil~ed the fence again. CHAIRMAN: OK, if they were opened in some way by an intruder, would you send someone out, or would you ask Southold Town PD, to dispatch a car to see if someone was there, prior to a Page 13 - Novell~er 14, 1996 ZBA (unfinished sentence) MR. ~AURICE FITZGERALD: A normal procedure would be, an alarm from ( ) who may contact Southold, and they may drive by and take a look. CHAIRMAN: Then you would send somebody out. MR. ~AURICE FITZGERALD: they would send somebody. Hicksville. If they thought it was an emergency, The person wouldn't be coming from CHAIRMAN: Well, that's the concern. MR. ~AURICE FITZGERALD: No, the intelligent audit, all the information if fed back to headquarters, the control center. There are people on the road, continuously. CHAIRHAN: OK MR. MELLENDER: CHAIRHAN: No, it's extremely open. These aren't silly questions we're asking? there not silly at all. It's on a Main Road, CHAIRMAN: Which is a mere 200 feet away. MR. MELLENDER: It should match MacDonald's at least. SECRETARY LINDA KOWALSKI: I wanted to ask one question? What happens if the car runs off the road and hits them? What damage could be done, what danger is there to anything around it. Is there's an explosion? MR. ~AURICE FITZGERALD: The first thing would be, is hitting the berm, and plowing into that. : Then you go up and then you go down, I guess. Depending on how fast you are. MR. ~AURICE FITZGERALD: Then the chain linked fence, and tearing into the cabinets, you know. MR. MELLENDER: Are you going to have any bumpers around? It's a good idea. MR. ( Inaudible) MR. HOGG: To put in traffic bumpers is not a problem. We'll MR. MELLENDER: We worked for years to get a decent MacDonald's. Page 14 - Novell~er 14, 1996 ZBA probably put them inside, so we won't have trucks inside backing into ( ). CHAIRMAN: OK, while you Gentlemen are there, in case they're any other questions. I'm not restricting the questions Mr. & Mrs. Mellender, ok. Are there any other questions from property owners? Or any other (unfinished sentence) MRS. MELLENDER: Do you want me not to ask my questions now? CHAIRMAN: No, no. I have to take a recess. Mrs. Mellender, you're on. MRS. MELLENDER: Thank you for allowing me the privilege of speaking tonight. Actually, tonight when I read the Suffolk Times, it was the first time I had heard about this. I don't know if it was written somewhere else, and I had missed up on it. I have a couple of pieces of information, that I would like to have. In reading the Suffolk Times, it says there is going to be a 10 foot structure, with an eight foot fence. The plan shows just about two feet below grade, with an evergreen planted berm, shielding the barbed wire fence and security lights. I really am very concerned out here, about maintaining the rural nature of our col~lunity, and just reading barbed wire fence on the Main Road, in Mattituck. I'm sorry, I just want to say, Is there another place that you could put this, where it could be hidden somewhere, not necessarily on our Main Road. Wherever it is that you have in mind, I was wondering if an Environment Impact Study was done, the SEQUA, to see that this wouldn't harm the environment. I did read here, that you didn't have to do it, because it's less than an acre. I found my information from the expert up there, and it isn't that much less than an acre. It's 35,000 square feet, and an acre is 43,000 square feet. I would appreciate, if as a Town person, you could do an Environmental Impact Study on this, to make sure that whatever it is that you're doing, isn't something, we have a very delicate environment out there, and we wouldn't want to see it harmed. The Gentleman back there had handed Joe, had the Mattituck Fire Department been prized of this project, and can they handle any situation that could develope there? I'd like this to go on the record. I think it's a great thing. Are there any automatic shut off, if a leak developes in the compressor. I guess our concerns, Joe's and mine and the reason we're here is two fold. One is safety, and we're very concerned about safety, and the other is protecting the natural of our rural environment, and the environment itself out here. That's about all I can say. I don't know how far along this has gone, and I don't know what we can do? Page 15 - Novell~er 14, 1996 ZBA CHAIRMAN: OK, thank you. Mr. Fitzgerald, could you give or send a letter to the Mattituck Fire Department. MR. ~AURICE FITZGERALD: Will do. CHAIRMAN: Yes, they're on Pike Street in Mattituck, and prize them of any and all of your expertise, concerning this application. MR. ~AURICE FITZGERALD: Send a copy and the drawings. Maybe we could meet with them and discuss it. CHAIRMAN: Good. MR. ~AURICE FITZGERALD: About our operations ( CHAIRMAN: OK, as for our the issue of Environmental Impact, there are certain criteria that are used to deal with that aspect. Is there something that you want to say, regarding this or do you want to wait until the next hearing? MR. ~AURICE FITZGERALD: Basically, I filled out the short environmental impact statements. CHAIRMAN: Yes MR. ~AURICE FITZGERALD: With the applications, both to the Planning Department and to the Zoning Board. CHAIRMAN: OK MR. ~AURICE FITZGERALD: And from when we see the project as we're doing it, and the construction on the land, we don't see any real Environmental Impact. There are no material being stored, such as fuel or anything like that. We expediting down about two feet, creating a berm with the same material. We're not bring in or importing any material. Hopefully we're not exporting any either. CHAIRMAN: Ok, we have not necessarily made the resolution for the unlisted action, and negative declaration for Sequa. Maybe we'll hold that up until you meet with Mrs. Mellender, in reference to the drone issue. The issue that she mentions about, the security fencing and the barbed wire. Is there actually barbed wire on this fence? MR. ~AURICE FITZGERALD: Yes, it's a seven foot steel and chain fence. It says right on the drawing. CHAIRMAN: Right. Page 16 - Novell~er 14, 1996 ZBA MR. ~AURICE FITZGERALD: With a barbed wire, one foot top on it. CHAIRMAN: OK, is there any way of eliminating that barbed wire? MR. ~AURICE FITZGERALD: Basically, if the question of security comes up, and if kids scale the fence. That's why it's there. Yes, we can take it off. We have some photographs we can show the Mellender's. We have a station there in Color,lack, with the chain link. With the debar fencing, wood fencing out in front of it. There is barbed wire there, and you can't even see it. Yes, it can be removed. That's why we put the fence down low. Hopefully, it will be behind the tree line. It will be behind the tree line. It's going to start down with a minus two foot elevation. SECRETARY LINDA KOWALSKI: That's right, it's six feet from the grade. MR. ~AURICE FITZGERALD: What? SECRETARY LINDA KOWALSKI: It's really six feet high, if you were on the regular grade? CHAIRMAN: No, he's starting it two feet down. SECRETARY LINDA KOWALSKI: Two feet down. CHAIRMAN: Yes, so it's really four feet. MR. ~AURICE FITZGERALD: No, it's a seven foot chain link fence. CHAIRMAN: OK, so it's two feet down, so it's five feet out. SECRETARY: I was saying, it's dropping two feet below the grade. MR. ~AURICE FITZGERALD: Plus then you have the berm coming up three feet, that's five, and then you have six foot planters that go up on top of that. SECRETARY: On top of the berm. MR. ~AURICE FITZGERALD: On top of the berm. SECRETARY: Because the fence is on the inside, right? MR. ~AURICE FITZGERALD: No, it's on top. MEMBER DINIZIO: The fence is inside the berm, behind the plantings. Page 17 - Novell~er 14, 1996 ZBA MR. ~AURICE FITZGERALD: Behind the planting, correct. SECRETARY: And inside the berm is where the two foot drop is, on the ground? MR. ~AURICE FITZGERALD: Correct CHAIRMAN: Where is the plant in Col~ack? MR. ~AURICE FITZGERALD: New Highway, off of Co~lack between Sunken Meadow Parkway. It's electric sub-station also, that is there. the area at all? CHAIRMAN: Yes, very very. MRS. MELLENDER: ( ) CHAIRMAN: OK, would you give Mrs. sometime, if you don't have it right now. MR. ~AURICE FITZGERALD: OK CHAIRMAN: And maybe you can call me with that information, and I'll go over and look at that also. I don't mean to keep on burdening you with these. MRS. MELLENDER: No, no that's fine. I know that the ( ) is right there. MR. ~AURICE FITZGERALD: Yes, right across the square. That's New Highway. MRS. MELLENDER: That's New Highway. MR. ~AURICE FITZGERALD: And Co~ack Road. CHAIRMAN: Oh yes, I know where it is. Just West of Southern State, Sunken Meadow Parkway. MR. ~AURICE FITZGERALD: Yes CHAIRMAN: I know the entire construction you did there, ok The other issues. situation? MEMBER TORTORA: MRS. MELLENDER: I know that. Did you want to address Well I did want to, Mrs. Mellender? Yes. Road, associated with our Are you familiar with Mellender the address of that the SEQUA Page 18 - Novell~er 14, 1996 ZBA MEMBER TORTORA: You had mentioned your concern for maintaining this area in a nice way, and ask him if perhaps he would consider another general location. One thing I want to say. As a business zone, I would like you if you would, to come in perhaps tomorrow to the Zoning Board office, and take a look look at some of the other permitted uses, and this district, and then evaluate what you think of the proposed use, as compared to other uses that don't require a permit, by the Zoning Board of Appeals, and that way you'll have a better idea or a least a little understanding of what could be there, and would not require a permit by the Zoning Board Of Appeals. It will help you make a judgement. MRS. MELLENDER: I work tomorrow so I wouldn't be able to go. MEMBER TORTORA: Well, whenever it's convenient. SECRETARY LINDA KOWALSKI: Anytime. MRS. MELLENDER: I'm never off on a day that your open. CHAIRMAN: OK. MR. ~AURICE FITZGERALD: Just for the record, we did do a property search up and down Main Road, off Main Road looking for other sites, and one of the problems we ran into first of all. I won't even put a null~er out, it's about $100.00 a foot, every time I put piping in the ground, that I go away from Main Road. The other thing was, I looked at properties and one of them down by the railroad tracks by the overpass, about 122 acres of land. There talking about a gold course I believe, at one time in there. I looked at that, and I said oh. I'm going to talk to farmer Brown, whoever that is, and I'm going to see if I can buy an acre from him. Then I started to wonder if I was getting into the subdivision routine. OK, and that I ( ), and ever!rplace I looked, there were no small pieces, such as this one parcel that were on the Main Road, and they don't have to be subdivided. Then I got into the Health Department, development rights, and everything else and it became a real nightmare. CHAIRMAN: Is the gas line on that side of Main State Road? MR. ~AURICE FITZGERALD: Yes it is. If you look at the site, in fact the pictures, the set of pictures you'll see the yellow marking, right on the edge of the ( ) pass the ( ) . It would be right around where the curve line, right there. CHAIRMAN: OK, that's great. So what we'll do then is, recess this to the regular scheduled meeting, and in the interim you will meet with this nice Lady and her husband. If I get a Page 19 - Novell~er 14, 1996 ZBA chance to come over I will. information. If not, MR. ~AURICE FITZGERALD: me a call. I'll leave my card CHAIRMAN: I may give you a call next Thursday. I'll rely on her if you want to give MR. ~AURICE FITZGERALD: They won't let me in the gas plant SECRETARY LINDA KOWALSKI: Our next meeting is Decell~er 12, by the way. MR. ~AURICE FITZGERALD: OK CHAIRMAN: And hopefully we'll be able to deal with some of these concerns. Either to bed or at least mitigate them to the point, where we'll be able to deal with it. MR. ~AURICE FITZGERALD: I'll contact you at the Nassau Fire Department. CHAIRMAN: Great. MR. ~AURICE FITZGERALD: OK, thank you. CHAIRMAN: Thank you, hearing no further co~lent I'll make a motion recessing the decision until the next regular scheduled hearing, which is Dece~l~er 12. Hearing concluded. 9:55 p.m. APPL. #4436 JOSEPH and ~AUREEN FRAZZITTA: This is an application based upon the March 29, 1996 Action of Disapproval by the Building Inspector under Article XXlll, Section 100-239.4 (B) in which applicant is proposing to construct shower/storage room addition, at less than 75 feet from the bulkhead and which does not meet the minimum required total side yard setbacks (35 feet), per Article XXIV, Section 100-244. Location of Property: 1420 Inlet Way, Southold, Cedar Beach Park Lot #97, filed in 1927; County Parcel #1000-92-1-6, containing 21,772 sf. CHAIRMAN: Who would like to be heard concerning this application. Yes Sir. MR. JOEL DALY: I know the house and I know the area. I'm just here to see if there is any problems with this application. Page 20 - Novell~er 14, 1996 ZBA CHAIRMAN: OK, it's an absolutely gorgeous house. There is no question about it. Mr. Doyen, any questions of Mr. Daly? MEMBER DOYEN: No CHAIRMAN: Mr. Dinizio MEMBER DINIZIO: No CHAIRMAN: Mrs. Tortora MEMBER TORTORA: What is the distance from the bulkhead? MR. JOEL DALEY: I don't have it in front of me. SECRETARY LINDA KOWALSKI: We have a ruler here. CHAIRMAN: Let's see what we have here. You want the distance of the deck or the distance of the, you want this. It's 86 feet from inside the bulkhead. MR. JOEL DALY: That's just the corner of the ( ) . MEMBER TORTORA: The notices in the application shows the proposed shower/storage room addition, at less than 75 feet. What does that 75 feet mean? CHAIRMAN: On 30 it shows ... MEMBER DINIZIO: I think they're looking at wooden stairs and landings. They are looking here and measuring here. CHAIRMAN: From the actual berm, what we refer to as the lip, it's 57 feet or 58 feet from the lip MEMBER TORTORA: From here to here. CHAIRMAN: It's 86 feet. MEMBER TORTORA: We're just talking about the Notice of Disapproval. CHAIRMAN: Well, they measured it from here. That's what they did. That's what precipitated them to write it. Well, we also have a side yard situation. MR. JOEL DALY: MEMBER TORTORA: CHAIRMAN: ( A side yard. Yes, a total side yard. ) deal with it. Page 21 - Novell~er 14, 1996 ZBA SECRETARY LINDA KOWALSKI: Are you sure this scale is ( ) CHAIRMAN: Yes, 30 feet long MEMBER TORTORA: Well, the side yard is 26 and ... SECRETARY LINDA KOWALSKI: It should be less than 35. Well Lydia said 26 and 9. CHAIRMAN: It's 29 and 7 total and we need 35. MEMBER TORTORA: OK. CHAIRMAN: Mr. VILLA MEMBER VILLA: No just for the record, do you have any idea when that structure was built? MR. JOEL DALY: 1994 MEMBER VILLA: 1994 and the house was built in 1990. CHAIRMAN: Anybody else in the audience that wants to speak in favor? Anybody like to speak against? Could we put this one to bed. MEMBER DINIZIO CHAIRMAN: OK, MEMBER DINIZIO: CHAIRMAN: OK MEMBER DINIZIO: Yes, let's do that. who wants to make a motion. I'll make a motion CHAIRMAN: MEMBER DINIZIO: CHAIRMAN: What? MEMBER TORTORA: deck, so that ... SECRETARY LINDA KOWALSKI: you're not looking at it? CHAIRMAN: Just one second. To approve it as applied. Ail right Do we have to take the setbacks to bulk it out? No further. Let's get him something of a Let me borrow the distance on the file Jerry, if Page 22 - Novell~er 14, 1996 ZBA MEMBER TORTORA: CHAIRMAN: From the deck advertised is 75 feet. SECRETARY LINDA KOWALSKI: property? MR. JOEL DALY: Yes. CHAIRMAN: Yes, that's the problem. SECRETARY LINDA KOWALSKI: OK. CHAIRMAN: Yes, there's a lower bulkhead. MEMBER DINIZIO: Yes, but this is the concerned with. CHAIRMAN: This is the main bulkhead. MEMBER DINIZIO: Yes CHAIRMAN: The others are a retaining wall. From the deck to the bulkhead. to the bulkhead, which Are there two bulkheads was not on the SECRETARY LINDA KOWALSKI: So you're approving it based on the measurements on the main bulkhead. MEMBER DINIZIO: Right MEMBER TORTORA: It's showing it to be 75 feet from the bulkhead. CHAIRMAN: IN excess of 75 feet MEMBER DINIZIO Greater than 75 feet. CHAIRMAN: It's 87. MEMBER DINIZIO: And the side yards. CHAIRMAN: So the nature of the application is the reduction of the side yard, from 29.7 to... I'm sorry from 35 to 29.7. SECRETARY LINDA KOWALSKI: Who would like to second that motion? Motion carried. Transcribed by Noreen Prey from tape recordings. bulkhead that we're