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
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Bay Mooring Management
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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