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HomeMy WebLinkAboutFleets Neck POA, IncO' 'EET'.~E FL CK PROPERTY OWNlif~II~SSOClATION , INC. P.~64--~ CUTCHOGUE, N Y 11935 April 21,2003 Southold Board of Town Trustees c/o Mr. Albert Krupski, Jr., President PO Box 1179 Southold, New York 11971-0959 Subject: Schlussel/MacFarlane (SCTM# 1000-136-2-6/7/8); Permits to Develop Dear Mr. Krupski: Mr. MacFarlane, the contract vendee to the Schlussel estate, continues to pursue a substantial Zoning Board of Appeals (ZBA) variance for a reduced front-yard setback to site a house on the subject parcel. The ZBA has inquired as to a smaller house, less than the 2700 square feet of area lately proposed, partly to minimize the magnitude of the front yard setback variance. A survey type drawing of the building envelope within the town requirements was requested. The drawing supplied to the ZBA shows a building envelope of about 1300- 1400 square feet. Within that envelope, a rectangular building of 24x36 feet (864 square feet) would require only a minimal variance. The hearing dialog involved issues that probably are continuing concerns of the Board of Town Trustees. The developers intend to add about 300 cubic yards of fill to raise the grade around the house and over the cesspools. Discussion lead to questions about surface water run-off for which the plan has no provisions. Members of the ZBA asked for a hay-bale environmental fence barrier. We regard such a barrier to be largely cosmetic. The hearing remains open, but we believe these drainage issues also concern the Board of Town Trustees. Please maintain your interest in this petition since it concerns our community waterfront and is a significant test of the town's ability to sustain the intent of the code. Beyond the instant case, there are ramifications with respect to other unbuildable lots. Sincerely, Tom Wetzel, President cc: Abigail Wickham, Esq. FNPOA Executive Committee members Carl Vail, Peter Bell, Barbara DiFrancesco File: SchlusselMacFarlaneBott421.doc I"~I..EET'/~EC K PROPERTY OWI'4~~SOCIATION ,INC. CUTOHOGUE,N Y 11935 January 5, 2003 Board of Trustees, Town of Southold c/o Mr. Albert Krupski, President 53095 Route 25 Crown Hall) Southold, New York 11971-1366 Dear Al: / Please place us on the agenda for the work session scheduled for January 22, 2003. We would like to talk with the Trustees about four topics: (1) Cutchogue Harbor Marina (SCTM#110-1-12) · Pump-out records (to be filed with the Trustees) · Performance of annual cesspool dye tests (to check for seepage into the creek) Both are required as terms of the Board of Trustees permits and we suspect the Trustees are being ignored. (2) Trustee Direction Concerning Placement of Creek Maintenance Dredging Spoil · Letter to NYS DEC (attached). Continuation of successful spoil directed-placement in cooperation with SCDPW. (3) Small Openspace Development · Schlussel/MacFarlane (SCTM#136-2-6/7/8) · Holland (SCrM#110-1-7.1) · Grathwol'd (SCTM~'/8-5-16) Concerning the Trustees intentions and expectations as they affect our Association actions. · Wade Property (SCTM#110-6-28) ') ~), · Trustee Property (SCTM#110-&-27) / Ideas for the future of these particular properties~../ Prior preparation for the above discussions w®ul~l probably allow completion in twenty minutes. Very truly yours, Tom Wetzel, President cc: FNPOA Executive Committee Agenda 1/22/03 TRUSTEE WORKPLAN 1. Project Manager a. Duties/Responsibilities 3. Chapter 32 o Bay Mooring Management o o z o .~.o n m ~n ,Ill ;e~ ~- I..- ll.I fl. o -.o 0 ~° FI. CK PROPERTY OWN_~i;SOCIATION, INC. CUTCHOGUE,N Y 11935 January 5, 2003 Board of Trustees, Town of Southold c/o Mr. Albert Krupski, President 53095 Route 25 (Town Hall) Southold, New York 11971-1366 Dear Al: Please place us on the agenda for the work session scheduled for January 22, 2003. We wouid like to talk with the Trustees about four topics: (1) Cutchogue Harbor Marina (SCTM#110-1-12) · Pump-out records (to be filed with the Trustees) · Performance of annual cesspool dye tests (to check for seepage into the creek) Both are required as terms of the Board of Trustees permits and we suspect the Trustees are being ignored. (2) Trustee Direction Concerning Placement of Creek M~iintenance Dredging Spoil · Letter to NYS DEC (attached). Continuation of successful spoil directed-placement in cooperation with SCDPW. (3) Small Openspace Development · Schlussel/MacFarlane (SCTM#136-2-6/7/8) · Holland (SCTM#110-1-7.1) · Grathwohl (SCTMi~e78-5-16) Concerning the Trustees intentions and expectations as they affect our Association actions. (4) The Association Beach (SCTM#110-6-25) · Wade Property (SCTM#110-6-28) · Trustee Property (SCTM#110-6-27) Ideas for the future of these particular properties. Prior preparation for the above discussions would probably allow completion in twenty minutes. ly yours, Tom Wetzel, I~esident cc: FNrPOA Executive Committee 1/8/03 Al Krupski, $Chlussel/MacFadane Parcel on Eu~,ene's Creek Bac, karound: Minutes of Trustee's Meeting of 4~24~02 indicate a motion by Artie Foster says a permit will be issued if: · the buffer goes to 40 feet wide, and · a smaller dwelling is planned (one with an area less than 40 x 50, 1800 to 2000 square feet). Motion passed. Bo'l-r Resolution of 4/25/02 says permit will be issued with stipulation of 40 foot buffer. (no mention of dwelling size). BoTT Permit dated 4/25102 (#5536, signed by AK 7/10/02) sites survey drawing dated 6/27102. This survey shows a 40 foot buffer and a slightly smaller dwelling footprint. (VVhile testimony before 7/10102 suggests a one story residence comparable to those in the neighborhood, to my knowledge no dwelling drawings were provided or made part of any proceedings.) A dwelling drawing dated 11/19/02 showing a two story, 2740 square foot, four bath house is used to file for a building permit. Building permit application (based upon this dwelling drawing and 6/27102 survey) is rejected due to front yard of only 26.24 feet when 50 foot distance is required. Questk~ns reaardina Schlussel/MacFarlane Permit 1. Did the "smaller dwelling" requirement of the original motion slip away, or was the "smaller dwelling" requirement satisfied in the eyes of the Trustees? 2. If satisfied, what was the basis for the satisfaction? 3. If not satisfied, can the permit be canceled? 4. Did the Trustees know about the larger house before acting on the permit, or were you blind sided? 734-4227 ~ntiral~aol.oom JANUARY 8, 2003 ALBERT J. KRUPSKi, JR. PRESIDENT BOARD OF TRUSTEES TOWN OF SOUTHOLD P O BOX 1179 SOUTHOLD, N Y 11971 DEAR MR. KRUPSKI: I RECEIVED A LEI'IER FROM GARY OLSEN DATED JANUARY 3, 2003 REGARDING A PUBLIC HEARING ON JANUARY 16, 2003 AT ] 1:30 A.M. AT THE SOUTHOLD TOWN BOARD OF APPEALS. UPON REVIEWING THE FILE ASSOCIATED WITH APPLICATION NO. 5259 ESTATE OF MURRAY SCHLUSSEL, I UNCOVERED A FLOOR PLAN FOR A TWO-STORY HOME FOR WHICH A FRONT YARD VARIANCE IS REQUIRED. THE REASON I AM WRITING TO YOU IS BECAUSE I HAVE A QUESTION THAT I FEEL ONLY YOU CAN ANSWER. THE BOARD OF TRUSTEES ISSUED A PERMIT NO. 5536 TO NElL SCIiLUSSEL ON APRIL 25, 2002, WHICH WAS A RESULT OF A DECISION MADE AT THE APRIL 24, 2002 PUBLIC HEARING WHEREBY CERTAIN STIPULATIONS WERE AGREED ~N. FOR YOUR CONVENIENCE, I HAVE ENCLOSED THE MINUTES OF THAT MEETING AND [ HAVE HIGHLIGHTED THE PERTINENT COMMENTS. IT WAS SPECWICALLY STATED BY ARTIE FOSTER THAT THE DIMENSIONS OF IHE DWELLING TO BE CONSTRUCTED WERE TO BE 40 FT X 50 FT OR LESS. THE SIZE OF THE DWELLING WAS A CONCERN AND THE TRUSTEES THAT VOTED YES AGREED WITH THOSE PARAMETERS. YOU HAD SUGGESTED 60 FT X 30 FT BECAUSE IT WAS A NARROW LOT. I BELIEVE EVERYONE ON THE BOARD WAS UNDER THE IMPRESSION IT WAS A ONE-STORY DWELLING DUE TO THE ORIGINAL FOOTPRINT OF 2200 SQ. FT., AS DESCRIBED IN MR. WOLPERT'S STATEMENT. THERE WERE ALSO VARIOUS COMMENTS BY MR. MAC FARLANE STATING THAT HE 'WOULD LIKE TO BUILD A SENSIBLE HOUSE IN COMMON WITH THE NEIGHBORHOOD." SOMEHOW, THE FLOOR PLANS IN FRONT OF THE ZONING BOARD REPRESENT A TWO-STORY HOME WITH DIMEWNSIONS OF 66 FT X 37 FT. YOU SIGNED A SURVEY THAT DEPICTED A DWELLING WITH SIMILAR DIIVIENS[ONS ON 7-10-02. MY QUESTIONS ARE AS FOLLOWS: 1. WHY DID YOU APPROVE A PLAN 114AT WAS NOT IN KEEPING WITH WHAT THE BOARD VOTED ON (1E. 66 X 37 AS OPPOSED TO 40 X 50 OR SMALLER)? 2. IF WHAT WAS BEING LOOKED A1 AS A ONE STORY DWELLING MEASURING 2200 SQ. FT. WAS TOO LARGE, HOW DOES A FLOOR PLAN SHOWING A SECOND STORY AND MEASURING CLOSE TO 5,000 SQ. FT. SHOW UP BEFORE THE ZONING BOARD WITH THE PERMIT YOU ISSUED.'? (PLEASE REFER TO THE ENCLOSED FLOOR PLAN) 3. IF TItERE WAS TO BE A CHANGE IN THE PARAMETERS, SHOULD THERE NOT HAVE BEEN ANOTHER PUBLIC HEARING? 4. HOW DO WE CORRECT THIS SITUATIONr~ ! WOULD LIKE TO MEET WITH YOU PRIOR TO THE JANUARY 1 6TM MEETING IF IT IS AT ALL POSSIBLE IN ORDER TO UNDERSTAND HOW AND WHY THIS HAPPENED BUT MORE IMPORTANI~Y HOW TO PROCEED FROM HERE. [ DO BELIEVE IT WAS THE BOARD'S IN'l ENTION TO TRY THEIR BEST TO ACCOMMODATE GARY OLSEN ET AL., BASED ON THE IN'FORMATION THEY PRESENTED TO YOU AT THE PUBLIC HEARING ON APRIL 24, 2002. IT APPEARS THAT THE INFORMATION THAT WAS PRESENTED TO THE BOARD OF TRUSTEES AND WHAT 22dE BUYER IS ACTUALLY TRYING TO GET ACCOMPLISHED ARE NOT CONSISTENT. IF MR. MAC FARLANE ISN'T TRYING TO BUILD THE TAJ, WHY DOES HE WISH TO BUILD A HOUSE WITH FOUR BATHROOMS? THE AVERAGE PERSON LIVING IN SOUTHOLD DOES NOT HAVE FOUR BATHROOMS ESPECIALLY IN A WETLAND ENVIRONMENT. IT APPEARS MR. MAC FARLANE HAS DECIDED TO CHANGE HIS PLANS AFTER YOUR APPROVAL. HOW CAN HE DO THAT? Do YOU THINK THAT THE PERMIT SHOULD BE RESCINDED OR REVOKED OR CORRECTED BEFORE THEY CAN OBTAIN ZBA APPROVAL? IT SEEMS THAT WHAT 1V[R. MAC FARLANE IS TRYING TO GET PERMITS FOR NOW IS NOT WHAT THE BOARD WAS THINKING HE WOULD BUILD WHEN THE BOARD GAVE ITS APPROVAL. I WOULD APPRECIATE IT IF YOU COULD ACCOMMODATE MY REQUEST TO DISCUSS THIS WITH YOU PRIOR TO THE JANUARY 16, 2003 HEARING. THANK YOU IN ADVANCE FOR ASSISTING ME IN THIS MAI IlaR. I CAN ACCOMMODATE YOLIR BUSY SCHEDULE, SO PLEASE FEEL FREE TO SQUEEZE ME IN WHENEVER YOU CAN. SINCERELY, 3080 STILLWATER AVENUE CUTCHOGUE, NEW YORK 11935 631-734-6009 3! and obviously those lines are delineated by the vegetation. We have to start worldng with a broader picture there, and that includes buffer zones. One element I didn't really speak to, and really this goes to the ecology of the · Whole base al~d the whole estuary. If you Ioo1~ at these tidal creek to the arteries of.[he system. We have to allow for expansion Of our bay waters to define their o~wn.'limits. To allow.through the experts and the material, the organ cs C~mingoff the and that really drive the base of the food cha n Between the Carbon and.the nitrogen, that is the ·basis. Specifically this home site; we.are Iodking at a 30' buffer or ton!ght that miglit possi.b[~' be.expanded. It cleariy doesn't meet your criteria. Again, I think, las was,pointed out,.we have to reCOgnize..that ...we are pushing the en~velope here. On.the SOuth ~Fotk, ih a m~eti..ng;.:l~we~k~ a~d 'it.r?eally, actually ceunterl3ar~s~.th~e wa~ ~ comment Wheh :l.was~'.~jhg t~.ba[khe~d and dock S~.~eS'i~r;:~[~ need!to~be.~3re progr '.e~si~{;~r~"t~i!i'~ ~lOqg;those lines With':res~?'l~Oiic~y Sad .l~gislation, a~d. it we.~i~dite. ~n~ that~'~the~ho '~Se is eul~ df,~ei~ern~ er:m~a~b~ it,s too la~e. I. ~!~?hto~a~at'f~ right.ye~. I would, sab~j~f ~(~aess usin~ dliqu~ tarms,-]t'$.l~-~e.~:,~;pleading:..S0, as a.Board~ ~'a~n. t~at;we're Puffingia ~sc~Ue.'.,m.i~::[nto:a'rou, n~ hole h~'~ e. ;Ba~.~.~eur'~i~d~.and o~V~ou~ly the'i~r~ :Pr0~ect ~a~uable habitat ahd'~ h~altl~ of'~3~ waters, d~ny.thls a~pl:k~..',~.n. Than,,k. you. , ROB.E ;R,T'I~"~ELANE: '1 mtr~e Contract Vendee. I m also the CEO of a cbrp0~ltio~3"~e~..H~mes:for~merica HOldings. ¥orne~forAme'riCa Holdings ~s. ~si'~.~i~s u~an c~ters throughout ~: U~d'~t~t~ i" ~,rms of their r~vi~l~.. We a~;~ cu~'ently working in Yo~E~m ..on. the.war'S'front Fort MeYers, ,l~l~a~ .~e'll: be ~foing .a~ project (inaudible)in Hairtfo~d SOO .~. These ~re'lar~e s~i~i~b: you nee~ft~ have pursued the ~i~ion that ~,ou're aoi~g well. ~,y~. ~e doing thugs properly. I also ~t on. a forUm at; Pace Univem."ity ~the Eh~itonmentai'Center. '~hat fotura!is i~:h0pes of~etting pul~lic .gr~uP~:,~:a$ yourselve~ and indv duals aad:g~ng: t~em~leser ~gether. I :~n,.'.t I~...pW how. suCCessful we'll be but thdr~, an;atteml~t. Th s s te i~ an acre ~h.d. a,~alf~arge. In ~Ct we have an aerla~ 0~,~[l~jS.'~t~"and. ,the a~aceht; S~ ~ :~ite is 'cOn$iBerably larger thai~ t~o~ ~f the s[t~s at hand. W~:wei'e a~k~d: t~.b~, g on the:,third S to, we forwa~'~'we ~t~o contract ?,. the t?d!i~t~..~'~hi~ k :the' sc~lussel ~ami~y probar~¥ ,~,had: t~i~ ~ite'for t~ehty !o t~ty ,a~e:ye. ars. They have been paying;t~ for twe~t~.to.twenty- f;'ve, years;-~ei;e!tia~{e been s(~e points brought u~.tl~h'e~ ng. ~o~ the profit Of~Schlhssei; I ~l~n'~ EnOW=whe~. they paid. $60,000.1~t. ~l~ey I~i~1 $60,000 twier~ty yea~ ago; .I wouldn't cohsider what they're.~e~]i~[it fo~' t0'da~ a profit. I don't think that,s a~ issue, but I ~anted to bring tha,ti~p. ~ .... '. . .. · "!.! · already received' .DEC approval, I'm gOing to assurde'~at the r~asdn w_e, go through the Steps is to ga n approval from the appr~Priate.bod es. J don t have the wisdom,~'nor the education' of this gentleman, in! terrhs 'of.his m~dne biology. So; I'can~t address the. site by if there's going ~3'be a.pote~tial increase or twenty years or a hundred years. The house that we have asked to build hem, as:good neighbors, my wife and I, grown daughters all gone, wife bom in Sicily; we look at cracks to clean. I would think we're good neighbors.. '~";~ :- --'£-.;_;_'~ _'~.~'_*£....~ ~ .... "-'- ...... -/~[~ Th,s Is an a~mpt to designa~ a p ece of pmpe~ for a.specifl~ put,se. For th~.pa~ose we ~.to adjust eumelves. we ~ed t~,$i~.l~ we pushed the h~se at ~ end~ not to ob~ or minimi~ ~hy ~n '0f any views. Y~U;~n3 j~say, e~.Es a'pa~. ~or ~t maffer, w~'den't.~ m~ke the ena~ p~ninsuJa a pa~. I{ ~[d-.maEe a gRew.Stye: ~ ~ f.y~u'~n t m nd, wo~ Ee to. a~ Tom Wol~e~ to step up a:.,~; show.~a..the aaHat. ~M..~Q~PERT: Th.is is se aedal photograph Sat was.based.on the p~e~phy ~n,ln ~9;and on th S we'~e su edm ~ed a cl "'1 ' · .,.. .... ...... . ~.~ ...... .. R . p .~pastlc ~PY ~:a"~ :of't~ su~ey that that is ~e su~e~ of this.applica~6n. It ~ be a.'~:~t~mm where the aoa~ is, I'll b~ng it'up. Bas,ally ~e s~je~.J~ iS ~'~ ~ ~e~r~l;~nd.th s b[a~ ama denot~ se p~0sed , ,' ' ~ ~jast havea ~:oSet {~n~..~[,~ ~l;r~5~-~d ~a~ aver the;~;t'.2 ~ 3 yearn ~,ve.s~ ~e a~rova s of the NYSDEC, the Sa~a k. Coun~": 't of · .,. : ....... . : ... ,,..,...::... . ... .. . ~.. H~alt~:Se'~.and '1 t~ught we were ~e te o~n n the ' ' ~ from t~,B~.~b~E.~n B~mber of.lasi yea~. However, at th~:.~ea~'~ ~iO~ ~ a~d~ an addisona'20,000 sq~ ~ to Se subj~t' prope~, ~i&h.:e~n~l~;b~s ~e ama of ~he ~a~e~:.pat~l f~m. ~at W~s p~i~sl~,~. ~; ~. to: pt~ently 62~30 sq; ~; ~ha~ s a 46% increase in th~ la~. ai~'~'$e,.s~bje~ pa~l.. Th~ fo6tpdnt'of t~e heu~e..~ · nCmased n~ qui~ :~ ~b~' ~ .Wh~ pm~ous sp~k~ ha~:indi~, ba~ ~ have g~e f~m.~pm~Sed ~ sq. ,. of ~ot~dnl to 22,1 .sq. E. Whidh Wpmsents, ~ d~bl~?~e,..~t 23~/~. The pro~s~ lat ~emd has g~.~n D~e~ ~n"me;~p~m~and ~e.to~l lot are~ from 4~2%.to 3.~%, ~ese are all a~em~.:~ ~a~.si~fl~n~:gains in the cma b t~ or,bis a~li~. The h~us~' m~ai~S~;50'. ~s do~ Se pm~ no~t~ban~*bufferI wh ch w th t~. pm?i~S ~atiSn; E.Was 30' and remains at:~0* altho~h.ff ~ make s~e adjU~t~, we may:be able to ~t 40' of n~dis~rban~ barfer T~at's ail~tbe'.~me~S have un ess t~e Boa~ ha~ any T~US~E:~SKI: 'Thane you. Anyoae ~lse? I ~nt. ~ ;It's an; ~swer to many c~enls that'wem ma~.. I've.~een on th~ B~ :fo~ ~ong ~e a.~ E seems ~ke you always.think :~here qan't p~si~l~e a~er ahdeveloped wate~ont lot.out,here. Impossible We go a~!: am~.'~.~Wn eye~ month, but, th~m's always anoth~ ~ne,~, and I g~ss .there Witl~alwa~ ~ntinue m be ahother one~ It'seems:Impo~ible. We w?~ ~th a I~t 6f!pm~ oWnsm on a lot:Of di~E pmpe~es, .of ~0ume s~e o~them :more ~tis~i~ projects tam out ~ be ones th~ ~he aelgh~es 35 almost 30 years, I checked the record.' in fact somewhere around 1977 or something, and they have been paying taxes on this properbj. There is now public water, we have Mr. LoGrande, and I know you all know who he is, he has his house on a .mUch smaUer piece of prep'erty to the north of us. First of. all, I thine to use the term I've heard thrown o~t tonight; that we're looking fo~ an .eXCeption .for this property, well we're not looking for an except[on we're looking for yeur;iapproval and the reason is that because this project falls within .you r ijUrisdiction. If ~t didn't fall within your jurisdJctien~ we wOuldn'[ be h~e. You have criteria that you have to address and wl~en we first started this thi _.ng.,. your jurisdiction W~s 75' from the wetlands and now it's .?eon jacked up th. '~'OO'; but:even .at...tfie 100' setback·line, the crft[cat'ithlng'ln th~S pr~. ~seems to .mE., .is the SanitAry system because everyone, is. ~ ~f fluent: going 'into the.~'eeks, anti'the, w .e. flainds and affect;the ~hellfi' '.s~ir~g'a~d s .o.~'on, ~,nd'with out thr~ee cesspools, we'r6 out of your jur~sd:iction, withi t .t~e~.except~0a 0{ one, which ~li~ated at~d ~,.~'Ult other than,:you'Enew,.we' have active, ,r?ig.h. I~brs th~.amlSendi~i.g.· ~i~ around.and putting therfi l~p'Jh 7-1 ~ a. '~.' ~.the.:~tores an~, ~O on,~ b~.jt'$-n~E~ques~iOn of numbers, it's a question ~f wh~'.~s right, an~'!here's rt~i~3g~ t~ guidel.ines .Where."this p~Ct j.~ goi~g.:tO' ~dve~m,"el'y effect any of=tilde tfl[.~s ~is Bbard bas to con's!~Jer~.~.i:t:.~,sk for¥o~r:approval. An~l ~gair~ We'~e~.-g~ .~rou. gh a lot of;hoops and'~ ~aff,- ...~i.hoops:~j~rt~p~d through we:Alii-bede. [his' Board. asked aS.to a~.w~ goEell, a~pmv~ and a I~t!of moneY:has ~en spent. It's very easy for E~3pie f~ saY, w~!',he only sper~t $60,000., I d~'n!t Enow if,that number is righ~b~t!We'll :a~k. Mr~Vail,'who has a house,acro~ the street,'what he paid for hi~.~o~e'and'.w, eu!d he be ha~y'to have"{mmle~ne pay him back what he pa{d. fo~i~ anc~ igAo~ng the inc~lase in h~[ket yak~e when We know what's gc~g o~ out ~e~, ~Prices are go~§ crazy. !.do a bt, of real estate and pdces ar~St~;~Oing, l~uts ia this Town. The I-eason' that th~re may be only 56 oiher parc~!~?C°mply;(in~udibl~) I do~'i even knew haw this parco does, but fyou ~i~l~;a~ ~ls ae~iel ~h0to~reph it's!because, e,~ery!eiher piece' of property has a h~te ~3n it air, ad,i, and the re '~a~n is, PeOple icone having house~ on the wate~,!~d~J~ng th6:w!~man Who owns 5: acres ~roS~ the way looking over at this Ii/~ce. Thatts alt I~ihave to sa~,. ~VVe're h~r c~ntract and this Board should ~ bo'.put in a ip0~ition !nterferlng w~th,,our ~:;ontractua dghts. C,a~RL VAIL: I j~st Want to say one more thing. TRUSTEE KR~PSI~I: Let's let the Board have a comment first. ~1~4~11111~i~11~1~ ~ ~ertainly not the '100'. The design that was in there, I asked the engineer to please lay out what the extremities of the house could be, That's why that house has all these jogs in it. It just follows where we could b ' ulld., . . . : - -:.-: ............ I ~USTEE DICKE~ON just want to.say something ve been on the ~ad no~ for throe m~s and I ~me 'n~.~ ~ p~ition ~use~of hous~'li~ this · and seeing this S ta~ion ;.ho~ver, ,1 ~me in at'~e end Of a ~o ye~r.pm~ a~d initial~ when ~Is.~ fi~t~ b~t ~'mY'a~ion .my ~.~ial guffee~ng w~ to · ~g~e~'~Ut ~'~-~s.'.be~a. pm~ ~m'.S. 'b~n. o'n~ng~an~.~..tbmk, we m'~"..'. ' ,'" ' near the.en~, .I.;~Jn~ wEh. '~me ~mp~iSes on size~and bbffe~.. ~do'hope ~d ~ven .neTM ~O~g ~t~'pmventi~g ~s from hag.,ing.aga~, ~b~t again, it's ~een a'~ ~r p~ss,. ~s b~n ~o~ed o~, th~e.~ple have g~ne · ~h.~all ~e~ hod~th~[~'re set:up .pH~r ~ ~' co~in~: into thi~ ~but ifs ~et~l~g:~et-'i.w~li~ tosee, haP~n~g'le~l~s~ B~ i~on'~ know f i~s.,app~pa'~e at ~E~T~E~'~.i~ ~ou know, my voting m~., I don'[ ~mp~se the wetlands:. ~"haven'.~.~en oat a p~mE appli~tiqn-fdr a sept c sy~hin Our Ja~ct~"~.a~"~t~hfa[s~in~ of the wetlands I' ~ ~' 'anH ~.. .. - ...... I ,de~y th~ei~.~s and all of the ~nsal~n~ know that al~o. You ne~a ~i~'~'o~;~ ~etback from ~the wetlands. T~is pmpe~, ha~ that Rqs~bi~ a~ it' ~ ~ve a possibili~ o~ pushing that s~tic out.t~ 10~'. If th~se p[an~ am d~.~ d-be more tnc~ned t& be ~ombl~.and as;~f dght now, I'~-s~dg;~em ~ ~e~ Boa~. and;using them to change the T~wn Code te~a $0'.:~e~k ~f~e~nds and~ ~00' ~et~ck,~r,the septi~'ana it WOuld be TE~S~EE[~U~?.Any other bdef ~menW · CA~'V~I~ = I:juat~ y~a gen~e~n am under the impression t~at length of p~ss. is egaa~ of approve. I ~in'k you..sh~ld re~examine that idea. I mea~, ~!~ w~;speht as much ~e opposing this issue as Mr. Olsen ~s ~ent~pm~g~'~and of ~ume';h~ ~mments were about our~petition, ~this c~pg a~em~and applHng fo~ a pe~it put this in the ~ublic am'n~, ~ W~d~ ~e~;a ~ght to pmt~ this and"bring this befo~ ~ Boa~. ~at's alt I.?Wto~.~ about it. Thank you. ~RUSTE.E~ERU~iDo' have a mot~n to close the hearing, unldss you have-;an~ TRUSTEE~EQST~='Wel :when we first sta~ed this, we all went o~, and we spent a let;~ ~me ~1~ among~ oumelves a~ut this whole pm~ss of this ~i~lar ap~licafi~.. F~mt we wanted mom from the wet ands and' we got it. One ~i~g t ~1 ve~.stmngly about n~ being is not being simil;r to'the Planhing Boa~ W~S,eve~ month when y~ go in there, they g~e~ you one ' more th~,,tbat ~fiave to do so you ~n ~me back the ne~ month, and before ~U"=kn~ E,:.~'s.~o, throe, ~ur years and many applicants ~re ~n~pt bemuse .b~e pm~ss. So, we all talked about this. We bsked for mom'dis~nce fmm~ we~and, we got E. We asked for ~sspools ~ar back $7 from the wetlands as we could get them and we all agreed.on what was given us. We said if the Health Dept. would approve the application, we would approve the application. Never in a million years did I think the Health. Dept. W~3uld.'approve it, but'they did. Well now we're out in the wind' again. So, the next thing is, well include the next lot, and .we agreed that if they included the next lot, we would..go, along with that and approve it. Well the next lot.is in there.' .Now, environmentally I'd like to say I don't think this.thingshould fly. But morally as a B0erd; having, met everything we've asked.them to meet, I don~t, see where we. have any choice. Thby did everything, we asked them to do. Ken, ny, even the:ce~.. SPoOls, we talked aboutthat,and you agreed, and .I u~id~r~nd: how Y0~u.$eel'ab°ut it and I'd like it to be-tlie sa~,'~ way,. but,.we c{~n't say ~/eah .wa'It do. it.and then wher¥ they. de .it, .:[urn areti~: and'sa~ ~eil...' we ali agrbed'that we:were going to:do this. You .ca~.all vote anyway y~u?want;=but':l thihk L.-..have.to be a;pers0n of my' own ser~i .~.~n..~and ~en I. saki this. ~ wa~ it:wa~.going to' ~..~f everyttfing wes rn ,et,; I ~!.~k ~ha~S .~1~ way I'~. going'~to .v~..te. $:~,~i! don~t [h~k~that:.we have the right;tO~,,tU~.' ~ areum;l~and try to~rr~'.~ With' a~r mason. Everything that We'VeaSlf, fi~er .b'a,S ~een givenr I.!dbn~t.~t ~o. be Shot when [' lea~e,..here' t~,igllt~'.e.'.~ '.l:~t"~[q~:~iqd of tails ydu 'how. I'rh ~ii~l.'to vote. You can' all vote the W~a¥ yOa~ ~van~ ?l~e.or~ly c0~ment I. had:when :wa'went.out. and lo,ed .at ~t la~'~ ,'whirH o~ened this p!an and ~aw~he.'size of.~iS house, that'wasn~ ir~tli~lt fr~!~ B~, the man Said'he..w,~'s' ~g~.~ ~to. dOwn Sizethe house..8~, l'w~i see a: l]ffie do~lm' s?J~id?house, p~rsonaily I feel I have t~ ~,d'~ !~s" for it, ~nd for the.;reasor~ ;I. s~te~. TI~US~.F(~:They agreed to go another?O' right? TI~US~: KR[JP'.S~. ~i. Right. The original was 30 X 60. TRoSTEE F~STEt~ .He wants 40'X 50'. TRUS'~=E KRUP~(I: t think 30'X 60' would .fit in better anyway beCause it's a narrow~ house'. T .RUSI'EE 'FOSTER'. Actually, I think what the shocker was the way the house a I~le 15rotruding Obt and jetting. Originally it was kind of a rectangle. I think the 40'i was agreed'to dght? TI~US~'EE KRUpSKI: Right, because it shows a smaller house. So you have to: maEe that. motion.. TRUSTEE FOSTER: Do I have a motion to close the hearing? TR. U~.~EE KING: So moved. TP, LtS~E DI~KEI~SON: Seconded. ALL AYES TEUSTEE F~sTEP, .............. II I I Ii TRUSTEE KING: SeCOnded. TRI~STEE KRUPS~I, TRUSTEE FOSTER, TRUSTEE KING, TRUSTEE DIOKERSON:.Ayes TRUSTEE POLIWODA Ney E ET'~E FL CK PROPERTY OWN~SOCIATION, INC. P.~84 CUTCHOGUE,N Y 11935 January 10, 2003 Al Krupski, Presidem Board of Town Trustees Town of Southold Town Hall, Main Road Southold, NY 11971 L Subject: Schlussel/MacFarlane Property (SCTM #1000-136-2-6/7/8) Dear Al: At a recent Executive Committee meeting, we prepared the attached statement to be sent to and read at the Zoning Board of Appeals hearing on the proposed Sehlussel/MacFarlane dwelling on January 16, 2003. Not only do we cite reasons for denying this appeal, but it is noted in statemem #2 that the submitted dwelling plans are not the plans that the Trustees reviewed in April 2002. Despite your request for a smaller dwelling, the plans submitted for a building permit are significantly larger and may have further impact on this site Please take this under advisement should the Trustees have further interest in this particular site. Thank you, Tom Wetzel President FLEET'~ECK PROPERTY OWN~.SOCIATION, INC. CUTCHOGUE, N Y 11935 January 9, 2003 Town of Southold Zoning Board of Appeals Town Hall, PO Box 1179 Sonthold, New York 11971 Subject: Zoning Variance Request of Schussel/MacFarlane (SCTM# 1000-136-2-6/7/8) - Hearing of 1/16/03 The Fleet's Neck Property Owners Association, composed of 180 member families on Fleet's Neck, objects to variance of town requirements concerning the Schlussel/MacFarlane application for construction ora house on this site. The lot is not suitable for building: 1. Approval to develop this lot would obviously enhance its value, but such development would degrade community aesthetics and degrade the value of other area lots by blocking the vista. When the house plan was for a dwelling of 1800 square feet in area (April 2002 and before) the Board of Town Trustees asked for a smaller dwelling more suitable to the site. The house plan submitted later for a building permit (dated November 19, 2002), calls for a 2740 square foot, two-story house not in harmony with the setting. The Chapter 100 fi:ont yard requirement is for a 50-foot setback. The average setback of the ten adjacent dwellings is 99 feet. The plan for the dwelling proposed shows a setback of only 26.24 feet. The variance sought is for a distance shortfall substantially more than the distance required by the code or the adjacent parcel practice. This is a special site. This parcel is one of 57 parcels that meet all four criterion of the Peconic Estuary Program's Critical Lands Listing. This list identifies 125 acres out of 66,000 acres as being of critical importance to the Peconic Estuary. A variance allowing development of this parcel will represent a new "weak link" in precedent for overriding the town code. Soon similar parcels such as SCTM# 1000-110-1-7. l, 110-7-28 and 087-5-16 will be even more threatened. We ask you as members of our community to stand fast and not continue the erosion of our town code and our neighborhood. We urge you to reject this application. Sincerely, J. T. Wetzel,. President 12126/02 Board of Town Trustees, Town of Southold -- c/o Mr. Albert Krupski, President 53095 Route 25 (Town Hall) Southold, New York 11971-1366 ! oTF Please place us on the agenda for the work session scheduled for January 22, 2003. We would like to talk with the Trustees about four topics: , (1) Cutchogue Harbor Marina (SCTIV~110-1-12) ,./~F ~r~r ~,~' Is .~.~TT' · Pump-out records (to be filed with the Trustees)"- Po/,4 t~ ~,,;~ ~. · Performance of annual cesspool dye te.sts (to check for seepage__ into the creek) ~ ooze'? ~F ~r ,~-~ i~"lT~,ra~'~ "'~' Both are required as terms of the Board of Trustees permits and we suspect the Trustees are being ignored. (2) Trustee Direction Concerning Placement of Creek Maintenance Dredging Spoil · Letter to NYS DEC (attached). ~ ~'~'/ ~/I~"'(T ,7 Continuation of successful directed-placement in cooperation with SCDPW. (3) Small Openspace Development j Cc, Vc.~,.~ ~-~e~.,~-'~' P'""~.~.,o~ ~:~u~. ~. · Schlussel/MacFarlane (SCTM~136-2-6/7/8) /~ ~ · Holland (SCTM~110-1-7.1 ) ~ ~ ~:I~TllEl~'I3LU~O*J '7. ·Orathwoh (SCTM#?8-S- S) Concerning the Trustees intentions and expectations as they affect the Association's actions. (4) The As~ociation Beach (SCTM~110-6-25) · Wade Property (SCTIVl~110-6-28) · Trustee's Property (SCTM~110-6-27) / Ideas for the future for these particular properties. Prior preparation for the above discussions would probably allow completion in twenty minutes. Very truly yours, Tom WetzeI,President cc: FNPOA Executive Committee