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HomeMy WebLinkAboutZBA-11/17/2005 HEAR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK : STATE OF NEW YORK TOWN O F S OUTHOL D ZONING BOARD OF APPEALS Southold Town Hall 53095 Main Road Southold, New York November 17, 2005 9:30 a.m. Board Members Present RUTH OLIVA, Chairwoman VINCENT ORLANDO, Vice Chairman GERARD P. GOEHRINGER, Board Member JAMES DINIZIO, Board Member MICHAEL SIMON, Board Member LINDA KOWALSKI, Board Secretary KIERAN CORCORAN, Assistant Town Attorney COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878 8047 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIRWOMAN OLIVA: I'd like to call to order our regularly scheduled meeting of November 17, 2005, and ask for a resolution stating that all our applications have a negative declaration. (See minutes for resolution.) CHAIRWOMAN OLIVA: Our first hearing is for John and Barbara Condon on Sigsbee Road in Mattituck. Yes, sir? MR. CONDON: Good morning, John Condon. What I'm proposing at my home in Mattituck is to put a front entry porch in and I'm asking for a variance on the setback requirements. The porch is 6'4" right? CHAIRWOMAN OLIVA: Right. By about 11'5", MR. CONDON: Right. CHAIRWOMAN OLIVA: Actually I was down and I think it makes a very nice addition You'll be Jerry? there, to your house. It's a very nice house. a little bit closer, 32'7" to the stoop. BOARD MEMBER GOEHRINGER: I have objections. CHAIRWOMAN OLIVA: Vincent? BOARD MEMBER ORLANDO: I have no objections to it. I have a question or two. Your house now existing is pretty much the standard setback on Sigsbee, which Member Goehringer lived and was born and raised and knows that place backwards and forwards now. The only thing is I don't want to set a precedent in the neighborhood, if you ever did enclose that as part of the dwelling. I don't know if this is my decision to write, but I'd just like to put that in so it doesn't become part of the dwelling. So no other questions. BOARD MEMBER SIMON: I would like to ask you further is, since it's an attractive house; it is in fact closer to the curb, though, than almost all the other houses on the street, and it is taller than the other houses, which is perfectly legal. The question is how you would justify getting a variance given that it would aggravate a condition which already makes the house the most conspicuous one on the block? MR. CONDON: Well, I think it actually makes the house a little more attractive, better curb appeal. Right now the existing steps that were put in when the building was constructed was November 17, 2005 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 basically to enable us to get into the house without having to -- it was a legal step in, essentially. And over the years, we just didn't have the time and energy really to put a proper porch there. BOARD MEMBER ORLANDO: There's an incentive now? MR. CONDON: Oh, yes, there is. My daughter's getting married, and she said she didn't want a picture in front of that house without a front porch. BOARD MEMBER SIMON: One of the consequences of the approval of this would be that the other houses would presumably be free to apply to make their houses equally curb attractive by extending further, closer to the curb as yours; would you have any problem with that? MR. CONDON: I don't have any problem with that. BOARD MEMBER SIMON: And I don't hear any problems with the neighbors. CHAIRWOMAN OLIVA: Jim? BOARD MEMBER DINIZIO: Certainly if you built the porch only four feet you wouldn't need a variance. You're 39 feet now and you could go four feet. You haven't offered any compelling reason why you need the two more feet? MR. CONDON: The only reason was that my son lives next door, and we designed a porch for his house, and this porch is going to be the exact size, and the nice part about it is that you can put a chair out on the porch. If I make it shorter than that, it's going to make it very cramped, and that was the whole reason we went for the variance. BOARD MEMBER DINIZIO: Appearances are appearances, and you're going to be setting not necessarily a precedent, I mean other people are going to want that two feet, and they could apply, and I'm not one usually to do this, but I'm wondering if you could cut it back a little bit and just use it as an entryway instead of a deck? What would be the hardship? MR. CONDON: Two feet is two feet. BOARD MEMBER DINIZIO: One way or another you can have it or you couldn't have it. I'd like to know your reason for wanting it. MR. CONDON: Only because if it was cut November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 back two feet it would be very crampy and it would not allow for someone to sit out on the porch. BOARD MEMBER DINIZIO: You want to be able to sit out on that porch? MR. CONDON: Right. BOARD MEMBER SIMON: Are you saying that a four foot wide porch would not allow room for a chair and someone to walk by? MR. CONDON: Not comfortably sit there. BOARD MEMBER SIMON: Most people don't have legs that are four feet in length. BOARD MEMBER GOEHRINGER: Can I just mentio~ something to the Board, please? CHAIRWOMAN OLIVA: Yes. BOARD MEMBER GOEHRINGER: Sigsbee Road was developed in the late '30s and many of the houses were constructed prior to zoning. I'm just mentioning to the Board, yes, it's true that in the immediate vicinity of Mr. and Mrs. Condon's house you do have that 35 foot setback, but the entire block is a multiplicity of setbacks; some of which you may see with no rear yards at all, so that they tend to sit back farther and some are closer to the property line, particularly as you get closer to Peconic Bay Boulevard. So I'm just mentioning that and that's food for thought also. CHAIRWOMAN OLIVA: Thank you, Jerry. Any other comments? Is there anyone in the audience that wishes to speak on this application? If not, I'll make a motion to close the hearing and reserve decision until later. {See minutes for resolution. CHAIRWOMAN OLIVA: Next application is for Mr. Kosmynka on Commerce Drive. He wants to make a storage building. MR. KOSMYNKA: Good morning, Mrs. Oliva and Members of the board. My name is Martin Kosmynka. I am the contract vendee and the applicant for North Pork Self Storage. I am here to request permission to allow a manager's assistant unit apartment for the purpose of security and management at the proposed public warehouse facility that I'm proposing in front of the Planning Board. The subject premises is located at the industrial park situated at what will be 50 Commerce Drive in Cutchogue. It is November 17, 2005 5 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 zoned LI. The project currently has the following approvals: The Town of Southold Architectural Review Board, the Cutchogue Fire Department, Suffolk County Water Authority tap off letter, the Suffolk County Health Department, the only thing left on the Health Department is for me to file covenants and restrictions and I couldn't do that until I see how this turns out. Also there has been an a negative dec on the EAF, and I've had six workshops with the Planning Board on this protect. This applicant complies with all variances and requirements and will not prevent the orderly and reasonable use of the adjacent properties or the properties in the surrounding area or impair the value thereof. Nor will it alter the essential character of the neighborhood because the proposal will be an accessory use to the allowable use of the LI. The manager's unit will not be visible from the outside and will only be used by the manager of the public warehouse facility. The manager's assistant unit will not prevent the orderly and reasonable use of a committed or legal establishment use in the district whereof the manager's apartment is to be located or to be permitted or legally established use in the adjacent district. Trust me, I had some help with this one. The safety, the health and welfare, the comfort and convenience or order of the Town will not be adversely affected by the manager's assistant unit apartment and its location. The manager's assistant unit will allow 24 hour security to the public warehouse, as well to the other businesses in the industrial park. The hardship is unique to our project and to all self-storage facilities because of the manager's unit is an industrial standard. A self-storage facility is an allowable use in the LI district, and the manager's unit is not addressed by the code currently. I believe years ago it was addressed by the code and I do believe that Jim Grey, Jr. had approvals at one time for a manager's unit back in the late '80s. BOARD MEMBER ORLANDO: So you're not before us here to ask for anything to do with the storage? You're here just for the accessory use November 17, 2005 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 2O 21 22 23 24 25 of the apartment? MR. KOSMYNKA: What I sell is security, onsite manager lives onsite and that's my business. CHAIRWOMAN OLIVA: Jim? BOARD MEMBER DINIZIO: I see it's a single bedroom, so I assume there's no more children. MR. KOSMYNKA: Generally as a rule it's a retired person. Quite honestly, my manager's a paraplegic, he'll be the one there. He's a single guy, he's a 50 year old man. BOARD MEMBER DINIZIO: Say we put a condition on there that the person has to work for you. MR. KOSMYNKA: Without a doubt. That's the only reason why he's there. BOARD MEMBER DINIZIO: There's a concern, and I've been involved for quite a few years, that people can live in these things. We just want to avoid that. I think you want to avoid that. We made it that the person living in that apartment has to work for you. You wouldn't have any objection to that? MR. KOSMYNKA: I totally agree with you and agree with your first statement, some facilities, some people do try to live in there. I will not allow electricity inside the unit. Our ul~its don't allow it. BOARD MEMBER DINIZIO: You won't have lighting in any of the units either? MR. KOSMYNKA: Only in the hallways, but not the unit itself, because of that one problem. They're not supposed to work in the unit. It's strictly for storage. BOARD MEMBER DINIZIO: That's up to the Town to enforce, if you don't mind that? MR. KOSMYNKA: No, without a doubt. CHAIRWOMAN OLIVA: Michael? BOARD MEMBER SIMON: I have no questions. I support the restriction. CHAIRWOMAN OLIVA: Vincent? BOARD MEMBER ORLANDO: Mr. Dinizio answered my question, and it was the same thing I was going to ask. It would be hard to find someone dedicated to do that position before you built the structure, but obviously you have someone in mind. HR. KOSMYNKA: I've been in the business. November 17, 2005 1 2 3 5 6 7 9 10 11 12 13 15 16 17 18 19 2O 21 22 23 24 25 BOARD MEMBER ORLANDO: I agree so it doesn't get subbed out to some other person as an apartment. Not that that's a bad thing, but you are committing to this statement that you want someone to live there who will be the manager, which is a nice security. CHAIRWOMAN OLIVA: Jerry? BOARD MEMBER GOEHRINGER: It concerns me why it has to be 900 square feet, 902 I think? MR. KOSMYNKA: I don't mean to be playing this thing about my manager being in a wheelchair, but it's a one bedroom, and I gave him an office, a private little office, a study, whatever you want to do. It's actually -- it's designated as a one bedroom by the Health Department standards that's what I showed him and then the other one is an office for the manager and then just a living room, kitchen area. Square footage, it's cheap to give him, and I didn't want to make it cramped to be honest. BOARD MEMBER GOEHRINGER: The only reason I ask you that question, the minimum square footage in Southold town for a residence is 850 square feet, unless it's been changed. If you were to build basically a two-story house, it's 750 square feet, then you would put either one or two bedrooms on the second floor. To layout a nice, well rounded, small, quaint, one bedroom on the first floor, it gives you a living room, dining room, full kitchen, and a very nice bathroom and possibly a little mudroom in the back, and I just wondered why you went up. MR. KOSMYNKA: Again, i have a roll-in shower designed in it. The guy is in a wheelchair, you can't get enough room for having your life in a wheelchair. The design is a roll-in shower, I allowed for him to have a washer and dryer in the facility, there's no intent to put multi people in this unit. If you feel strongly, I'll cut it down but the reason behind the 900 square feet -- CHAIRWOMAN OLIVA: Well, if you need a wheelchair, you certainly need wider doors than normal. MR. KOSMYNKA: It's designed for a 36 inch opening. BOARD MEMBER GOEHRINGER: I think you hit the key right there, the issue of office; in other 7 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 words, the office you're providing him is part of the square footage, and that is the office he's going to be using to run the facility? MR. KOSMYNKA: No. That's his office. My feeling is I'm on the computer, most people have designated reem for a computer. This guy's got a roll in shower, wheelchair he needs, he's got an everyday wheelchair. Just part of the BOARD MEMBER SIMON: Will the office be used by ether people besides the manager? MR. KOSHYNKA: That's correct, there's an assistant manager there too. BOARD MEMBER SIMON: One of the rooms in the apartment is an office, correct? HR. KOSMYNKA: Call it a study. BOARD MEMBER SIMON: I think the issue is net what your intentions are, I don't think anyone has any doubt of your intentions, it's just that if sometime 30 or 40 years from new someone who has different intentions were te occupy it and were te find that it was very useful te have a place sufficiently spacious so that people with different intentions could use it more elaborately. MR. KOSMYNKA: But it would be going against what Mr. Dinizie wants me te put in there. It would be illegal. BOARD MEMBER SIMON: As long as the person was an employee of the self-storage warehouse. ASST. TOWN ATTY. CORCORAN: It may be self evident to everyone but I think it would help the record, but I think the legal basis for this is that this apartment use is accessory use to the main use, the industry standard you said; can you explain briefly why it's industry standard and why you need a living space accessory to the operating business? MR. KOSMYNKA: I sell security, people are putting in their life long possessions. This is hew the industry sells themselves. ASST. TOWN ATTY. CORCORAN: Se you need somebody en the premises at all times; is that the justification? MR. KOSMYNKA: Basically. If there's a conflict, I'll make the thing 800 square feet. BOARD MEMBER GOEHRINGER: You have to understand that we don't have toe many of these come in. So we're learning to understand -- I'm 8 November 17, 2005 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 learning to understand why you chose that square footage. I think you clearly explained it to us. I have to tell you, if there was any question about your integrity or anything of that nature, we would bring that up, there's no question. You've come before us many, many times particularly on your own residence. The issue is it's a learning curve. Particularly the extra study and the ADA situation which is basically what we're learning about. BOARD MEMBER DINIZIO: Can I comment on that, I don't want to restrict this thing to just a single guy. If you have a husband and wife team that want to work there, I don't want that to be a restriction, and honestly, if they have a child, again, I can live with 1,000 square feet, and I don't think we should be looking at it in that respect. My thought was I didn't want it to be separate of the business itself, if the father is working there, that's his livelihood, and that's what makes it affordable to live here, that's fine, and if they're putting a child in school, that's fine with me also. I just wanted to be open with the fact that we needed to tie it together with the business. Be honest with you, 1,000 square feet is not a lot of living space and even a single man might have someone come for a visit and might want to put him in there for a day, and I don't think that should be restricted. A person can have a friend, maybe wide-screen TV and want to put it But they have to live their life, stand up and go to bed. BOARD MEMBER GOEHRINGER: they have a in that room. they can't just I don't know where you're getting the 1,000; it's 902. BOARD MEMBER DINIZIO: Yes. CHAIRWOMAN OLIVA: Can I ask you something that is really not within your purview, but in your discussions with the Planning Board, I'm just interested in the landscaping around it, which we have no jurisdiction about. But it's a beautiful road and you're coming up to an industrial piece of property, the landfill you can't really see from Route 48. I'm just hoping that the Planning Board required some extensive and high landscaping; do you have any knowledge of that? MR. KOSMYNKA: You can see from my photograph, there's 100 foot buffer from 48 to 9 November 17, 2005 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 where my facility is going to start. CHAIRWOMAN OLIVA: So you do have landscaping? MR. KOSMYNKA: Yes. There's restrictions on a bunch of stuff there. They're very in-tune to this whole park going on there, and the Architectural Review Board has been very, very - CHAIRWOMAN OLIVA: Good, I don't have any problem. HR. KOSHYNKA: Also the Health Department restricts me. I put the application in for a eno bedroom apartment, so I'm confined te what I submitted te these folks, and in hew we designed the system. CHAIRWOHAN OLIVA: Is there anyone else in the audience that would like to speak en this application? MR. POSTER: Good morning, Artie Fester, I'm an adjacent landowner in there, and I just recently applied for and received a site plan for Let 5, and new we're actively engaged in using that land. We have equipment there and we have things there, and I would love te have security down there. It's very dark there at night and it would certainly help the whole community. One thing I wanted te say in reference to Hr. Simon's comments about the fear ef certain things happening, you know, I don't think we can make decisions based on what we think or speculate may or may not happen down the road. If you ride around this town, there's all kinds of things going on that shouldn't be. And certainly if it is in the site plan that there are certain restrictions on the property, and the site plan is violated, well, there's ways to deal with that as well. We have a code enforcement officer that is in charge of doing things like that. So I would not want to make a decision based on the fear -- the sky may fall, you never know. But I am totally in support of this, and I would urge the Board to approve this. I think it's very important to the little community that we have down there in reference to security purposes. Thank you. CHAIRWOMAN OLIVA: Thank you, Mr. Foster. If there's no other comments, I'll make a motion to close the hearing and reserve decision until later. November 17, 2005 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 19 2O 21 22 23 24 25 (See minutes for resolution.) CHAIRWOMAN OLIVA: Our next application is Mr. Sznurkowski, down on West Shore Drive for a garage. MR. SZNURKOWSKI: Good morning. I have an application in to erect a one and a half car garage on my property on West Shore Drive. The reason being we really don't have minimal storage. CHAIRWOMAN OLIVA: I you showed me what I thought which is really a very small have a garage. We was down there and was your garage, work area, and you want to tuck that garage right into the side of your house there? MR. SZNURKOWSKI: That's correct. CHAIRWOMAN OLIVA: And it's not very high because you don't want to block your upstairs windows? MR. SZNURKOWSKI: Correct. BOARD MEMBER GOEHRINGER: Do you have a boat in the yard? CHAIRWOMAN OLIVA: No. This is the one in Raden Shores. You're thinking West Lake. MR. SZNURKOWSKI: It's a pie-shaped property, it narrows down towards the roadway, and parking is quite difficult and we have no place for storing very many things. BOARD MEMBER GOEHRINGER: As long as the Board feels that this lady and gentleman can get to the front or rear yard of their home with the eight feet, which I suspect they can, then I don't have any objection to it. CHAIRWOMAN OLIVA: Vincent? BOARD MEMBER ORLANDO: No questions. It's a unique pie-shaped property there with the water on the one side so you can't go that way, and then you're converting your existing garage into living space, correct? MR. SZNURKOWSKI: When we bought the place, they apparently took part of the room and made a den area and the rest of it's a very small storage area. BOARD MEMBER ORLANDO: So it's not actually a working garage. The garage door is a facade? MR. SZNURKOWSKI. No. BOARD MEMBER ORLANDO: So you're making a 11 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 single-story garage? MR. SZNURKOWSKI: For lawn mowers and chairs and things to be put away for the winter. CHAIRWOMAN OLIVA: Michael? BOARD MEMBER SIMON: Just a matter for clarification, you describe it as a one and a half car garage, long enough for one and a half cars but the same width for one car? MR. SZNURKOWSKI: Penny Lumber calls it a one and a half car garage. It's wider than the one car garage. BOARD MEMBER SIMON: The depth is the standard garage depth? MR. SZNURKOWSKI: I believe it is. BOARD MEMBER SIMON: Which tucks in nicely with the corner of the house. CHAIRWOMAN OLIVA: Jim? BOARD MEMBER DINIZIO: No questions. CHAIRWOMAN OLIVA: Does anybody else in the audience have any questions or remarks on this application? If not, I'll make a motion to close the hearing and reserve decision until later. (See minutes for resolution.) CHAIRWOMAN OLIVA: Next application is for Passaro, Deer Foot Path in Cutchogue. MR. CONDON: John Condon representing Mr. Passaro. This particular case involves existing construction. It was constructed several years ago, includes a deck that protrudes into the rear setback for the property. The setback in that area is 50 feet from the rear yard and this one is approximately 36 feet from the rear yard. It also involves an accessory structure, a storage shed that is located in the side yard. So the applicant is looking for a variance on the setback requirements as well as the side yard use of the accessory structure. CHAIRWOMAN OLIVA: Right, they're as-built. Yes. I believe he wants to sell the house. BOARD MEMBER ORLANDO: Hence the for sale sign. CHAIRWOMAN OLIVA: Jim? BOARD MEMBER DINIZIO: The barn or whatever you want to call it, that was put in the side yard by putting on the deck. Before the deck was constructed, that would have been the rear 12 November 17, 2005 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 yard where is it is right now. CHAIRWOMAN OLIVA: True. BOARD MEMBER DINIZIO: I'm just a little unclear, are you going to add to that barn? MR. CONDON: No, it's already there. BOARD MEMBER DINIZIO: Because if you look on the plans, it's one side and then the addition was put on but that was all done already. Everything that's done exists; you're not going to do anything but sell the house? MR. CONDON: Right. He needs a C of O for the structures. BOARD MEMBER DINIZIO: Basically the deck made the barn in the side yard. It's five feet off, there's plenty of room there. CHAIRWOMAN OLIVA: Michael? BOARD MEMBER SIMON: No questions. CHAIRWOMAN OLIVA: Vincent? BOARD MEMBER ORLANDO: No questions but I'll leave Jerry to make his final comment. CHAIRWOMAN OLIVA: Jerry? BOARD MEMBER GOEHRINGER: I have no problems with the deck at all. But if we placed in the decision that we don't have any particular objection to the storage building being in its position as it is now, however if it became significantly deteriorated, he d have to move it back to a conforming location. Do you have any objection to that? MR. CONDON: The shed ms a typical storage shed, there's a company on the North Road. It does not have a footing in the ground; it basically lays on top of four by fours. BOARD MEMBER GOEHRINGER: That's what I was thinking. I'd rather not see it reconstructed there because it's not in a conforming location, but it can stay for as long as its useful life, that's what my suggestion would be. BOARD SECY. KOWALSKI: I think if it's moved five feet it would be conforming. BOARD MEMBER ORLANDO: Jerry let me down, I didn't say my comment because I thought you'd say it. The deck should remain open to the sky, that's your line, Jerry. I don't want to take it from you. BOARD MEMBER DINIZIO: Hold on, so listen, we'll put the barn/shed must be removed to a conforming area if the building deteriorates to November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 non-useful. BOARD MEMBER GOEHRINGER: In other words it can't be added onto or reconstructed; if it's lost its useful life it has to be placed in a conforming location. BOARD MEMBER DINIZIO: It can't be added onto, they'd have to come before us anyway. But if they can't use it anymore because they're falling through the floor it can't be replaced in that area. BOARD MEMBER GOEHRINGER: Just have to move it five feet. And as Mr. Condon said before, I know he's an engineer, the point in question is there may come a time where it reaches the end of its useful life. CHAIRWOMAN OLIVA: I'll make a motion to close the hearing and reserve decision until later. (See minutes for resolution.) CHAIRWOM~kN OLIVA: Next application is for Simon Caudullo on Seventh Street in Greenport. Good morning. MS. TOTH: Vicky Toth, I'm here on behalf of the property owner, Simon Caudullo. He's applying for a couple of variances for an existing dwelling. It's come to light that back in February of 2004 this Board granted an unmerger from this property. In reading the decision, it showed that it was the belief of this Board that this lot was merged with the lot on the corner, which is not the case, it's a separate parcel. It stated in your reason for your approval of last year's unmerger that the property to the north of the subject was one parcel all the way up to Front Street. BOARD SECY. KOWALSKI: I have the file in the office, we could talk about that tomorrow or later, that's not what's before the Board today, right? MS. TOTH: No. I'm just stating that there's actually two parcels there. There's this cottage that is on the parcel presently. I did speak with the property owner in the rear of the parcel. He has no objections at all to what is being proposed here. He was actually surprised that it had to go for a variance because it was a building structure that had been in existence for 14 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 as long as he could remember. The property to the north has no CO. The property that is behind the subject has a pre-CO. And I'm sure if you were out at the site, the project to the south is currently under construction. As far as the location of the existing deck on the parcel, it's been in existence - there's always been a deck on that and yes, he did build it to where it's a few feet closer to the road, but as you can see on the parcel directly joining to the north that has a deck that's even closer to the road than our parcel. CHAIRWOMAN OLIVA: The house has basically been rebuilt? MS. TOTH: They did a renovation on the inside. CHAIRWOMAN OLIVA: And new shingling on the outside? MS. TOTH: Yes. BOARD MEMBER ORLANDO: It's built. MS. TOTH: It's pre-existing. BOARD SECY. KOWALSKI: You're talking about the new work? MS. TOTH: I wasn't involved when they were building or redoing the construction and renovation, and I think there was a misunderstanding when they applied for a CO for the property, and the building inspector went out there and said it's uninhabitable, there's no kitchen or bathroom, and I'm assuming the property owner at the time misunderstood that to mean make it habitable. So he completed the renovations, when in reality they wanted him to apply for variances to complete renovations. CHAIRWOMAN OLIVA: I peaked in the windows, there is a little kitchen in there. MS. TOTH: I have a set of as-built plans. BOARD SECY. KOWALSKI: I need it for the file when there's a decision, I would like to refer to those. Thank you. BOARD SECY. KOWALSKI: That's part of the disapproval, that's why you're here. MS. TOTH: Correct. I'd like to further state too, that the size of the this lot makes it impossible for any type of home to meet the lot coverage area. I was out there. I went through the whole property. It's very well maintained. It's very clean. The job they did was very well 15 November 17, 2005 16 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 constructed. Everything is to code and you can see as the as-built plans show you, everything is to code. CHAIRWOMAN OLIVA: It looks good. Jerry? BOARD MEMBER GOEHRINGER: What can you assure us regarding this property that Nothing will be constructed in the future without a building permit? MS. TOTH: Currently the property is for sale. I'm sure you saw the for sale sign there. As far as anything being built without a permit in the future, I cannot guarantee that because whoever purchases the property they would be the people that would be responsible to apply for a proper permit if they did decide to make this larger. BOARD MEMBER GOEHRINGER: I'm actually offering this statement to the Town attorney, and not putting him on record, but if this Board placed reasonable covenants on this property and asked the property owner to file those covenants along with the deed in the county clerk's office, I think the Board would then go down on record as saying that's it, you won't do anything else. We're taking a structure that was a structure, that still is a structure until this Board renders it to be a dwelling, and we're placing it in the possible guise of being a dwelling. The history on the parcel is that it was a -- and I'm sure you're correct in what happened in reference to the situation - and my concern is not the most immediate but what's going to happen in the future. MS. TOTH: I guess too, you have to look at the area. They're building a brand new house next door, and it's surrounded by two-story dwellings. Actually in my opinion if they did put a second story on this it would at least bring the square footage up to conformance of Town code. BOARD MEMBER GOEHRINGER: They can knock out the second story on this without a variance in a weekend. MS. TOTH: There could be restrictions put on the property that no further renovations, additions or anything be performed without prior approval from the building department. ASST. TOWN ATTY. CORCORAN: That's existing law already. November 17, 2005 1 2 3 5 6 7 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 MS. TOTH: I don't know if it's legal that you can do that. BOARD MEMBER DINIZIO: They can't do a thing on this property without a variance. BOARD MEMBER ORLANDO: Sure they could. They would have to come before us with an as built. BOARD MEMBER DINIZIO: Jerry wants to restrict them to something they're restricted to already. If they applied for a building permit to put a second story on that building, they are here before us. BOARD MEMBER GOEHRINGER: I'm not interested in the second story; I'm interested in a second addition. BOARD MEMBER DINIZIO: In any case they would need a variance. They're 23 percent over lot coverage already. If they put a stoop on this house, they're before us. So I mean, discussing restrictions is crazy. I'd like to see them put a second story. BOARD MEMBER GOEHRINGER: I'm not discussing restrictions. I am discussing covenant~ in a deed. There is a major decision or difference between those two things. BOARD MEMBER DINIZIO: But it's unnecessary, Jerry. BOARD MEMBER GOEHRINGER: And it's also unnecessary to have a habitable structure in front of you which is not a habitable structure. BOARD MEMBER DINIZIO: I agree. BOARD MEMBER ORLANDO: Jerry's initial question was to ask the applicant to put a restriction on the house requiring they get a permit before they do it; that was the initial question, correct, Jerry? I don't think you can stop someone from building a second story overnight. BOARD MEMBER DINIZIO: We have a structure that doesn't conform to the 850 square feet and we would like to have people living in at least 850 square feet but on this house, we're going to say to this house, no, you can't have 850 square feet. That doesn't make any sense at all. BOARD MEMBER GOEHRINGER: It is not a house until this Board rules it to be a house. BOARD MEMBER DINIZIO: I agree. But don't hold them back, don't say you have to be 17 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 restricted to what's not conforming to the code. If the person wants to bring it up to the code, well, that's better don't you think? BOARD MEMBER GOEHRINGER:,, Jim, there is a vast difference between 850 square feet and what this house represents at this time. And that is it, it's probably less than half. CHAIRWOMA/q OLIVA: 470. BOARD MEMBER DINIZIO: It's iow. BOARD MEMBER GOEHRINGER: Ail I am asking for is a covenant on the deed which says there shall be no further construction. BOARD SECY. KOWALSKI: You mean expansion? CHAIRWOMAN OLIVA: What if they wanted to come up? Jim's right, they have to come before us anyway, no matter what they do, Jerry. BOARD MEMBER GOEHRINGER: That's fine, but the history has been, although it may be a subsequent owner, unfortunately there have been no applications before any boards. BOARD MEMBER ORLANDO: That's what Jerry's initial question was, is there something we can put in place to require them to get a permit before they build. I don't think there is. ASST. TOWN ATTY. CORCORAN: You can require whatever you want in way of covenants, but if you're duplicating whatever's already in the code or what's in the law it really doesn't add very much. If you wanted to limit what they could do in the future to the property, sort of on the merits, you could certainly do that. It would be a policy decision on yours whether you wish to hamstring the property that way. There may be ways to make the property better, and if you are restricting that, you may be doing something you don't wish to, but that's up to the Board as a policy decision as to what they want to see done. BOARD MEMBER GOEHRINGER: Thank you. CHAIRWONLAN OLIVA: Michael? BOARD MEMBER SIMON: No questions. BOARD MEMBER DINIZIO: I was going to ask you what exactly is the square footage? MS. TOTH: Just under 500. CHAIRWOMAN OLIVA: 470 I thought I saw, Jim. deck, BOARD MEMBER DINIZIO: That's with the right? MS. TOTH: According to the Building 18 November 17, 2005 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 25 Department it's 335. CHAIRWOMAN OLIVA: That's without the deck? BOARD MEMBER DINIZIO: That's without the deck. But the 375 is what the Town would count as livable space. A house has to have enough rooms inside heated, 850 square ~eet. So it's 375, right? MS. TOTH: If you're including your deck. CHAIRWOMAN OLIVA: If you're including your deck I thought it was more. MS. TOTH: I figured out the square footage by the as-built plans, I show the dwelling as 364.89, and I show the deck at 175. So that's actual figures right from the plan. BOARD MEMBER DINIZIO: So the 364 is livable space and the deck is 175. Ail right. I have no further questions other than the place has been fixed up pretty nice. MS. TOTH: They did a nice job, but he should have done it correctly. BOARD MEMBER DINIZIO: That's the crux of our problem, that's what Jerry's talking about, the enforcement. BOARD MEMBER ORLANDO: There needs to be a stricter as-built code. MS. TOTH: I agree. Unfortunately your hands are tied. People can go do whatever they want on a weekend, and you have no control over it. BOARD MEMBER DINIZIO: Yes, you do. It's just the Town chooses not to take that avenue. That's all I have. BOARD SECY. KOWALSKI: The owner has to ask if the building permit's required before they do the work. MS. TOTH: That too, I agree. Ignorance CHAIRWOMAN OLIVA: No excuse. Is there anyone in this audience that wishes to speak on this application? Yes, ma'am? MS. DUNBAR: Good morning, Board, I'm Jill Dunbar. I just want you to know that I agree with Mr. Dinizio. It will be greatly enhanced, most people who are looking at it want to make it a bigger structure. They don't want to do anything wrong, they want an 800 square foot house, like Dan Finney's that's being built next door. 19 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIRWOMAN OLIVA: Thank you. Is there anyone else who would like to speak? I'll make a motion to close the hearing and reserve decision until later. (See minutes for resolution.) CHAIRWOMAN OLIVA: Next application is the Cheryl Hanson Revocable Trust on Elizabeth Lane, Southold. Yes, ma'am. MS. HANSEN: Hi, I'm Cheryl Hansen and I'm requesting to put a two-car garage on the property. And I was denied the first time because the configuration of the property does not allow us to put the garage in the rear of the house. So the only place we can put it is where we have it erected. CHAIRWOMAN OLIVA: That's the one where all the boats are now. Okay, Jerry, you go first. BOARD MEMBER GOEHRINGER: Mrs. Hansen, how close is that to the property line of your neighbor? MS. HANSEN: I think it's five feet. That's a cousin of mine, very good cousin. BOARD MEMBER GOEHRINGER: How high is the garage? MS. HANSEN: I came down yesterday. I think we changed it to the most 16. The reason I had it 14.5, but the slope in the ground, it's going to be the same size as the house, it will not be any higher. BOARD MEMBER GOEHRINGER: It's really not attached to the house except for that stoop? MS. HANSEN: That will go, that's just a little attachment that was put on that had the gas, propane tanks in there. BOARD MEMBER GOEHRINGER: So I would suggest placing to the Board the normal restrictions, that it only be used for storage, amd it will only contain the utility of electricity? MS. HANSEN: Yes. CHAIRWOMAN OLIVA: Vincent? BOARD MEMBER ORLANDO: No other questions. CHAIRWOMAN OLIVA: Michael? BOARD MEMBER SIMON: Did I understand that the distances from the canal which requires a variance is not in fact not as close to the canal 2O November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 as the corner of the house is? MS. HANSEN: Yes, it's 71 feet back. You can see the house jets out in the front there, and that's maybe 13 feet more. So it still conforms the line of the house, sets back 13 feet from the line of the house. CHAIRWOMAN OLIVA: Jim? BOARD MEMBER DINIZIO: Ne questions. CHAIRWOMAN OLIVA: Is there anyone in the audience that wishes te speak en this application? (See minutes for resolution.) (Whereupon, a brief recess was taken.) CHAIRWOMAN OLIVA: Our next hearing is for Ellen McNeilly for a dormer. Hiss McNeilly. MS. MCNEILLY: Good morning, Madam Chairman, and Hembers of the Board. CHAIRWOMAN OLIVA: What would you like to tell us? You're just putting a dormer up. I see you have a model there, show it to Jerry. MS. MCNEILLY: This is what the house is currently. This is what I received a variance for. BOARD MEMBER GOEHRINGER: That's what you had the excavation for? MS. MCNEILLY: Exactly. I made an error literally. We were still discussing, which is why we had these two models, as to how we were going to do this, what we liked. So it was either leave it the way it is, which looks as if a chomp has been taken out of it or put a second bedroom. Well, there is already two bedrooms in the house. There's one small one back here, and a larger one here (indicating). The question was if we made that into a hallway and then put another bedroom, making this a hallway and closets and this one another bedroom to match the size of that one, the house would look more balanced and wouldn't be looking strange in my opinion. This is the amount, four feet in from here that is past the setback. The setback is 5'3" here, 6'4'~ there, which was your I think original comment to me at that point. So this is the amount that would exceed. BOARD MEMBER GOEHRINGER: The only objection I have, or the only concern I have is water runoff and the only request is that gutters be installed on that side and dry wells. It's the 21 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 only concern I have. CHAIRWOMAN OLIVA: It does make your house more balanced. BOARD MEMBER GOEHRINGER: I have to tell you that it is so impressive to see a model. MS. MCNEILLY: Dry wells and gutters. CHAIRWOMAN OLIVA: Right. Vincent? BOARD MEMBER ORLANDO: Expanding on Mr. Goehringer's, is there room for your dry wells? You'd have to plumb it into the back? MS. MCNEILLY: I don't know, can it not be? BOARD MEMBER GOEHRINGER: Sure. BOARD MEMBER DINIZIO: You have to go four feet away from the house, but you can go to the side. CHAIRWOMAN OLIVA: Michael? BOARD MEMBER SIMON: No questions. CHAIRWOMAN OLIVA: Jim? BOARD MEMBER DINIZIO: No. CHAIRWOMAN OLIVA: Anybody in the audience wish to speak on this application? If not, I'll make a motion to close the hearing and reserve decision for later. (See minutes for resolution.) CHAIRWOMAN OLIVA: Next hearing is for Montauk Bus Service on Commerce Drive in Cutchogue. Yes, sir. MR. RUSSO: Good morning, my name is Eric Russo. I'm with the law firm of VanBrunt, Juzwiak & Russo with offices at 150 Main Street in Sayville. I'm representing Montauk Bus Service, Inc., at 556 Mastic Beach Road, Mastic Beach, New York, who is the proposed tenant at the subject property if approvals are received from the Town of Southold and a contract vendee of the subject property. The property owner is the Tide Group, Inc., at 275 Cardinal Drive in Mattituck and the property is zoned Light Industrial District according to your code under 100 140. It's vacant land at the present time and it is the newly formed North Fork Industrial Park. The property is at 115 Commerce Drive in Cutchogue, and it's about 1,095 feet northeast of the corner of Corporate Road. It's 1.083 acres in size or 47,166 square feet. There is Suffolk County Water available to the site. The water 22 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 25 main has just been brought down through that area. We are presently making application to the Water Authority. There are Suffolk County Health Department applications pending for the sanitary design. We have just received comments from them. We are in compliance with Article 6. We have also made application for the above-ground 5,000 tank, which is proposed for the bus fueling at this particular location. We anticipate approvals on all those applications as the process continues. We are seeking today a special exception under 100 141 B6 for a proposed bus terminal use and related building areas. There is a building proposed on the site of approximately 3,000 square feet. It's 50 by 60 in size. The property's situated on what will be an improved, dedicated and maintained Town roadway. And we also affirmed of all statements that we gave to the Planning Department and the Zoning Board in our application relating to this particular application. We are in compliance with parking. We are in compliance with lot coverage according to the code and landscaping. With me today, I also have Terry Elkowitz, of the firm of Freudenthal & Elkowitz Consulting Group, Inc. who will run through the 16 criteria that you have outlined in your code, which are the considerations and matters which this Board must address as it relates to health, safety and welfare and criteria for granting a special exception. I, with the request of the applicant, obtained a traffic report, which we had prepared by RMS Engineering. I have a copy here for the Board, went through an analysis of the buses and the parking on the site and the traffic considerations that would be inherent with this application. There are proposed 15 drivers, one mechanic, on supervisor which will be utilizing this facility. Hours of operation are 6:00 a.m. to 4:30 p.m. The bus drivers will arrive at 6:00. Buses will leave approximately at 7:00, and then they will return again between 9:00 and 10:00, and they will be back between 1:00 and 2:30 in the afternoon to take the vehicles from the site and then return the buses between 4:00 and 4:30. CHAIRWOMAN OLIVA: What are the buses going to be used for? 23 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 MR. RUSSO: For the Mattituck School District, Madam Chair. I have a letter here and copies for the Board, which was provided by Kenny Aldrich, the superintendent of schools. This is the original letter for the record. And the letter basically indicates that Mr. Mensch, John Mensch, who is the president of the company, has been retained with a contract with the Mattituck School District to provide bus service here and the contract took place for the 2005-2006 year, commencing as of July 1, 2005. Presently the operation is being situated on school grounds, they're not on at this location. But he is supporting this application. In this he was of the impression that there would be a temporary office here at the time. However that application after discussion with the Town attorney was modified. We've decided to go through with a full commercial site plan application, secure a building permit, then get a CO, and then bring the buses to the site. It's our hope that this process will be completed in time and the contract will be extended and this will go forward for next year as well. ASST. TOWN ATTY. CORCORAN: Does that exhaust the capacity of the site? Or if you got contracts with other schools is there extra room to fill up more of the site? MR. RUSSO: In this particular location it's just for the Mattituck School District. ASST. TOWN ATTY. CORCORAN: But is there excess capacity en the site? MR. RUSSO: We only have 16 buses, we're proposing 15 at this particular location. ASST. TOWN ATTY. CORCORAN: These are all used in the Ma~tituck district? BOARD MEMBER ORLANDO: They're going to be dedicated towards Mattituck. MR. RUSSO: This particular location will be exclusively dedicated to Mattituck. ASST. TOWN ATTY. CORCORAN: My only concern is if the Mattituck contract used up, for example, half the capacity ef the site, then we would have concerns about future impacts that are not addressed here. CHAIRWOMAN OLIVA: And they're all going te be kept outside. There's ne building to house 24 November 17, 2005 1 2 3 4 5 ¥ 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 these buses in? MR. RUSSO: That's correct. If you have look at the site plan that we presented to the Planning Department, the rear of the property, it is shown on the site plan that we have a buffer planting presently around the perimeter with the entrance at the end of the street there. And once you come onto the site you will first pass the parking that is required for the drivers, the supervisor, the mechanic, and then behind that or I guess to the left is the fueling pump, and then behind that is where the buses are stored. This is a copy of the traffic report. I have taken the liberty of highlighting what I provided two additional ones, which basically indicate that they evaluated them in light of traffic standards, and there is compliance and that there would be no impact as related to that particular -- BOARD MEMBER SIMON: Where are the buses currently being stored? MR. RUSSO: In the school district grounds. BOARD MEMBER SIMON: Where is that property? MR. RUSSO: Just east of this property on the other side of the dump. BOARD MEMBER DINIZIO: It's just a barn. MR. RUSSO: If there are no other questions of me at this time, I'd like to have Miss Elkowitz come forward. She's appeared before this Board on numerous occasions to testify and just run through the points as they relate to your code. We also have the engineer available, James DeLuca from Riverhead, if there are any questions about the site or its design. But we won't go into that because that's more appropriately held for the Planning Board should this Board grant special exception. We also did have the ability to review the comments that were received at around quarter to 5:00 last evening from the Planning Board chair, where they outlined what the concerns were as to this application and four points. But as to those particular points, many of those requests that they were seeking, we haven't made that application because if this Board doesn't grant this special exception, we would not necessarily 25 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 19 2O 21 22 23 24 25 make those applications. But I'm sure if this Board should grant it, we can apply and address all of those concerns that are outlined. CHAIRWOMAN OLIVA: Just one other question, what type of landscaping are you going to be doing on this property especially facing Route 48? MR. RUSSO: If you look at the site plan before you, it shows that we have perimeter landscaping, the perimeter landscaping indicates on the plan that we are required to have 25 percent landscape coverage. We're showing 29 percent. At the moment what is being proposed is in compliance with the code in terms of the types of plantings that are there. There is a 50 foot buffer that runs from the rear of the property to Deep Hole Lane, which is the requirement as part of the subdivision, and then there is land behind that. If the Planning Board at the time of the site plan asks us to augment that, we'd be happy to do that, and we'll address it during site plan review. CHAIRWOMAN OLIVA: I'm really concerned being that Route 48 is really still a very pleasant road to drive with the open roads and what have you, and this is really our first application for the use of that light industrial piece of property. And I would like to see that it is properly screened in so that it would be hidden from view because I'm sure people don't want to look at a lot of buses or a lot of storage buildings hitting them in the eye, as you can't even see the landfill, which is completely screened-in. So I would hope that the other people in that piece of property would follow suit. MR. RUSSO: We understand your concern and it also will be addressed as part of Miss Elkowitz' presentation, but we do not front on the County Road out there, and if there are not other questions at this time, I'd like Miss Elkowitz to come forward. BOARD MEMBER ORLANDO: Before you run, a quick question on your traffic study, I beg to differ on your traffic study, although you didn't do it. I can't see how it's not going to increase traffic in regards to County Road 48 when all the buses are coming back typically at about the same 26 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 time. I don't think there's enough turning lane to make a left, which would be going eastbound which would be turning north te get back into this section. You'll have five buses stacked up on 48, which you'll leave the turning lane now you'i1 be on 48. Because they all seem te congregate about the same time. They all drop off around the same time and they all come back. And they have no light, se now you're subject to trying to get the buses through te make your left-hand turn and going north to get back onto Commerce. I see that being a major problem. BOARD HEMBER DINIZIO: No because the entry to that development is halfway up that read. HR. RUSSO: Your concern is on the County Road, but once again, these buses are going te be out there making their individual routes. They're going to be going out approximately the same time, but depending on the length ef the route, the return time is going to be different. BOARD HEMBER ORLANDO: I drop off my children every day ef school, and all the busses seem te leave within a minute of each ether. They're all going to ge back to wherever they congregate. So they are all going to eventually get there and with the North Road getting busier and busier, I see them stacking up there on 48 ~rying to make a left-hand turn, which is going to be a hazard for them, luckily there will be no children on board, as well as the other people. MR. RUSSO: I would like to introduce to you Mr. Mensch, who is the president of Montauk Bus. He can address that question for you. MR. MENSCH: The schematic right now the way it is right now, whether it be the morning or the afternoon, the high school is first, then the elementary is second, basically once you complete your elementary school the majority of the buses would be coming back west along 48 because that's basically the population, the way the routes have developed. True, there are going to be some buses, but basically you're not going to have that many buses stacked up there. CHAIRWOMAN OLIVA: In other words, you're saying they're coming further east to Cutchogue and then making the turn perhaps at Cox Lane at ~he light and coming down. BOARD MEMBER ORLANDO: I don't see in the 27 November 17, 2005 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 letter any future to put a light up at that intersection. MR. RUSSO: In order to address the light, it would have to be a recommendation from the county that they would want to see a light at that particular location. If you recall, this is an industrial subdivision that has been developed here within the town, one of the few industrial subdivisions that the Town has created, and at this point that will have to flow as the development within the subdivision ensues. It's not something with this one particular use, and with the town, you have the landfill there where they're doing the wood chipping and processing. Right now the traffic there at that location is diminimus. BOARD MEMBER ORLANDO: The reason they stopped that left-hand turn going north into the landfill, because people were getting killed there. It's a bad intersection. Now you're making buses trying to make that same turn, which are three times longer than a car. I have a concern for safety. MR. RUSSO: I can have Mr. Muller, who prepared this traffic report, if you would like a more detailed response, I can have him go into that for you. BOARD MEMBER ORLANDO: Did they actually speak to the county in regards to this? MR. RUSSO: What would happen normally in the site plan process when we go to the Planning Board and are looking to address the site plan approval, the County would receive a copy of this application and Suffolk County DPW and the County Planning Commission would be notified and be able to respond to whatever those concerns are and they would be addressed in that process. CHAIRWOMAN 0LIVA: Also, sir, it would not hurt, we have a transportation commission here in the Town, and you can ask the Town Clerk for the chairman's number to run it by the transportation commission might be a good idea. MR. RUSSO: Certainly. BOARD MEMBER ORLANDO: Also, what is the day to day operations here on this site. Obviously the buses going back and forth, the mechanic on site, fueling up at night or in the morning. What about washing the buses? Are they 28 November 17, 2005 1 2 3 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2% 25 going to be washing the buses at the site? MR. RUSSO: I'll have Mr. Mensch mention that because he's presently running bus operations further up-island from this area, in the Mastic-Shirley area, in the Hampton Bays area and in 9onkonkoma. MR. MENSCH: As part of our Board of Health we have to put a holding tank basically, which is constructed out of a slab and then basically the wash water, the soap, detergent goes into that then we have to have that trucked away. BOARD MEMBER ORL~/NDO: So you have a holding tank for when you wash your buses? MR. MENSCH: Yes, you can't let it run into the ground. It's illegal anymore so as part of our Board of Health permit we have to include that. BOARD MEMBER ORL~LNDO: So you have a containment area where you wash your buses and all the grease, dirt. MR. MENSCH: Which goes into a box basically. You have to have a licensed contractor come in a pull it out. And I believe they take it up to Bergen Point. You have to have it registered. The DOT will be required to come in there bi annually to inspect the buses, inspect the facility and record that. Everything from batteries to oil, you're limited to what you can do on that facility. BOARD MEMBER ORLANDO: What about lighting; are you going to put around the clock lighting, are you going to have large lights? MR. MENSCH: Yes, sir, and I guess the applicant that was before us is going to have security right next to me with the storage. CHAIRWOMAN OLIVA: We do have a lighting ordinance too to make sure they're shielded because we don't want people driving up Route 48 and suddenly be blasted. MR. RUSSO: Mr. Orlando, we do have a copy, our engineer, James DeLuca, did bring with us today a copy of the type of lighting that is proposed for this application, which would be part of the site plan review. It is in compliance with the Town code requirements and it's down lighted and would not have any infusion restrictions as it relates to beyond the site. And it would all be self contained. If you want a copy of the spec, I 29 November 17, 200S 3O 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 can provide it for you. I have it with me if you're interested in seeing it. BOARD MEMBER ORLANDO: Please. BOARD MEMBER GOEHRINGER: Mr. Orlando, I just want to mention something. Originally this was, the original proposal said Mattituck School District, it's of course, Mattituck-Cutchogue School District and for everybody's benefit Sunrise Bus decided not to, very simply, service Mattituck-Cutchogue School District, which is why f suspect this nice gentleman is here. However, with the idea that mentioning the aspects of the traffic study, I just want to tell you that the major renovation in Mattituck Cutchogue School District, although we have a major renovation going on in the high school, was the East Cutchogue School. And that East Cutchogue School does lie just east of Cox Lane, where there is a traffic light on the Main Road and there is a traffic light on County Road 48. So even though it may look like most of the traffic is going to be coming from the west, there will be a great variety of buses coming from the east also. And they would probably, if I was a bus driver certainly go down Cox Lane and take the liberty of enjoying that particular route coming back from the east to the west. So yes, you're absolutely correct there will be stacking in the west going east making that left turn, but there is also going to be a huge variety of no stacking using the left-hand turn lane on Cox Lane coming back. And hopefully the study will indicate that. Or whatever Mr. Muller intends to say regarding that? BOARD MEMBER ORLANDO: All right, I'm not sold on it yet. Safety is an issue, safety of these people that could be in this accident. So we have a great concern. Also this is a big venture for a one-year contract. Is there multiple years on this? MR. RUSSO: Yes, there are. BOARD MEMBER ORLANDO: How long has Montauk Bus been servicing Mattituck-Cutchogue? MR. MENSCH: This is our first year. We have been in business for 35 years, servicing 19 different school districts. BOARD MEMBER ORLANDO: So if this one year comes up, and they choose not to renew you, you would have to go elsewhere with these buses? November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 MR. MENSCH: That would be correct. But basically we would not want to renew the contract if we could not properly store our equipment because of the cost of fuel, it's quite expensive. BOARD MEMBER ORLANDO: You're doing a major build-out; you're buying this piece of property, correct? MR. MENSCH: That's correct. BOARD MEMBER ORLANDO: So you're committed to this, so whether you service Mattituck Cutchogue or Rocky Point, you're going to be servicing someone. MR. MENSCH: We're going to be here for a long time. If this is approved we will probably extend this contract five more years. BOARD MEMBER ORLANDO: But is it up to you or up to the school to extend it? CHAIRWOMAN OLIVA: Why are you having all the buses outside, if it snows what happens? BOARD MEMBER ORLANDO: They close school. CHAIRWOMAN OLIVA: Not with two inches, but enough that your buses have to get in and out what have you, slushy, icy conditions and you don't have any cover for the buses? MR. MENSCH: We operate approximately 350 school buses on eastern Long Island and none of them are garaged. We just have to have people clean them off. It's too expensive to put them inside. MR. RUSSO: With that, I would allow with your permission, to proceed with Miss Blkowitz. BOARD MEMBER SIMON: I just want to add a comment. I share Mr. Orlando's concern about the traffic, but it isn't clear to me that this is within the jurisdiction of the Zoning Board of Appeals. I am glad that there are other agencies, which will presumably, if they are doing their legally mandated jobs, attend to those things themselves. ~ CHAIRWOMAN OLIVA: It should come up with the SEQRA process with the Planning Board. Yes, Ma'am? MS. ELKOWITZ: Geed morning Madam Chairman, Members ef the Board, for the record my name is Terry Elkowitz. I'm a principal of the firm Freudenthal and Elkowitz Consulting Group, with offices at 368 Veterans Memorial Highway in Commack. I'm just going to put up in front ef you 31 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 an aerial photograph. I'm sure you're familiar with the site, but as I refer te what's surrounding the property, it might be helpful to have this. I also have hand-outs of aerial photos just for the record. As Mr. Russo explained to you, I'm the lucky eno who gets te go through the 16 criteria set forth in your cede with regard to the granting of a special exception permit. But I would just like to very quickly go ever the character of this neighborhood. Mr. Russo has explained to you that it is within an improved industrial subdivision. It's zoned LI, to the west are undeveloped properties immediately within the subdivision, followed by agricultural uses. Te the east is undeveloped property within the overall subdivision. This goes to a question of Chairperson Oliva, she was asking about the buffering that we were going to have along CR 48. There is another parcel of the subdivision between this property and CR 48. CHAIRWOMAN OLIVA: I knew that. MS. ELKOWITZ: What my client is proposing to do is to fence his property and also put evergreen vegetation along it and obviously whatever details that the Planning Beard would like, the applicant is willing to comply with the vegetation requests. To the north is undeveloped property, a recharge basin, the composting facility; as you go further north there's a tiny strip residential, and then the landfill that the chairperson identified. Immediately te the south is Deep Hole Lane, which provides access into the subdivision and then there is agricultural land. New the first criterion that you are supposed te require and we are supposed te comply with is that the character of the existing and probable development of uses in the district, and the peculiar suitability of such district for the location ef any such permitted uses. I have just testified to you that this is within an approved industrial subdivision. It is going to be surrounded by industrial uses. It's in the LI district. So I respectfully submit te you it would net alter the established character ef the 32 November 17, 2005 33 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The second is the conservation of property values and the encouragement of the most appropriate uses of land. Again, given the surrounding uses, we don't believe it would adversely affect property values. The third is the effect that the location of the proposed use and the location at entrances and exits may have upon the creation or undo increase of vehicular traffic congestion on public streets. Ail of the access is going to be confined along Commerce Drive, which is the internal access and certainly we heed Mr. Orlando's concerns with regards to the operation of CR 48. The next is the availability of adequate and proper public or private water supplies and facilities for the treatment, removal or discharge of sewage, refuse or other effluent that may be caused or created as a result of the use. You have heard that Suffolk County Water Authority will supply water. We will have an onsite sanitary system that in all ways will comply with Article 6 of the Suffolk County Sanitary Code. The depth to groundwater is in excess of 44 feet, so there is adequate leaching potential on this site. We also will have solid waste collected by a private carter and as Mr. Mensch explained to you any waste oil or waste material from wash down will be handled by a licensed hauler. The next is whether the use or the materials incidental thereto or produced thereby may give off obnoxious odors, gasses, smoke or soot. The only emissions are those with typical bus start ups, and there are very stringent regulations with regard to bus emissions that are promulgate by New York state. Mr. Mensch is required to comply with them and there are bi-annual state inspections of his buses. The next is whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise. There will be no electrical discharges, dust because it will be paved, or vibration. With regard to light, Mr. Orlando, that was a question I asked myself, and I have been assured that the lighting will be fully compliant with the Town of Southold and will be shielded so you will not have a diffusion of light November 17, 2005 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 19 2O 21 22 23 24 25 off the subject property. with regards to noise, Mr. Mensch is also required to comply with the Suffolk County standard, which I learned about by doing this project, that you are not permitted to idle buses for more than five minutes. The next criteria is whether the operation and pursuance of the use will cause undo interference with the orderly enjoyment of the public of parking or of recreational facilities. There are no public parking or recreational facilities in the vicinity of this site. The next is the necessity for a tuminus surface space parking, as I have explained to you, it's going to be completely paved. The next is whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created. It's not in a flood zone; the building will comply with all building code requirements, and with regard to panic, this is not a site that is going to be highly occupied. It's certainly not residential, it's only employees. The next is whether the use or structures to be used therefore will cause an overcrowding of land or an undo concentration of population. And as I explained to you, the only people that will be on the site are the employees. The next is whether the plot area is sufficient, appropriate and adequate for the use and reasonably anticipated operation and expansion thereof. Mr. Mensch has already explained to you the issue. This is not an expansion sort of issue. These buses are specifically for the Mattituck-Cutchogue School District; no other operations will take place on this site. Moreover, I'd like to point out to you that the plot area is more than sufficient. The limit of lot coverage in the LI zone is 30 percent, and we are proposing 7.5 percent. The next criterion is whether the use to be operated is unreasonably near to a church, school, theater, recreational area or other place of public assembly. There are none in the vicinity of the site. The next is whether the site of the proposed use is particularly suitable; I think I have testified to this with regard to the 34 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 character of the neighborhood several times. The next is whether adequate buffer yards and screening can and will be provided, as we have explained there's a buffer along the front, and we will put buffer vegetation along all of our fence lines. The next is whether adequate provision can and will be made for the collection and disposal of storm water runoff sewage, refuse and other liquid, solid or gaseous wastes. With regard to storm water runoff, we are going to install dry wells as there are calculations on the plan. As I have explained to you the depth to groundwater is approximately 44 feet. So there is adequate separation between the bottom of the dry wells and the water table to allow the proper filtration. And sewage is obviously on-site sanitary in accordance with Article 6, and again, solid waste will be collected by a private hauler. The next is whether the natural characteristics of the site are such that the use may interfere with them. The property has basically successional vegetation on it, and there are no wetlands. It's in an approved subdivision. The soils are suitable, as I have explained several times, the depth to groundwater is sufficient. So I would respectfully submit to you that this will not adversely affect any natural resources in the area. So basically I would submit to you that the granting of this application would comply with all the requirements of Sections 100-263 and 264 of the code which set forth the requirements for the granting of the special exception. If you have any questions, I'll be happy to answer them. CHAIRWOMAN OLIVA: Jerry? BOARD MEMBER GOEHRINGER: The only concern I have always had is going number one, meaning this Board going number one before any of the Planning Board aspects are completed -- and, in fact, it's questionable to you Miss Elkowitz and to Mr. Russo -- we have had in the past to reopen these applications to add some different situations that the Planning Board may have thought of or the possibility that the Zoning Board may not be totally overjoyed with the entire screening aspect. In the past, in applications 35 November 17, 2005 1 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that don't concern special exceptions, we have reserved the right to enhance the screening, so there may be issues that we may be discussing with the Town attorney between new and the time we actually veto on this application er the Chairperson, I'm net putting her in the hot seat, say we're holding it in abeyance until such time that you have further meetings with the Planning Board regarding this application -- I don't knew. MR. RUSSO: The memo that I addressed to you was the memo that we received last evening late in the day as to the Planning Beard's concerns. All of the applications that are cited in there - there were four points pointed out in the memo -- all ef the applications are in process. We did net, as I indicated, file the Planning Board application in its totality because we weren't clear whether er net this Board would be granting the special exception, and te incur those expenses without knowing that we were allowed te proceed is why we didn't ge there. If this Board wanted to grant the special exception knowing that it could go forward reserving the right te come back or review it again, we would be happy te consent te that. BOARD MEMBER GOEHRINGER: I just want te say this te you in general. I am a resident of the Mattituck-Cutchogue School District. I have never taught in the Mattituck-Cutchogue School District, I hold a teacher's license to teach in any school district in the state of New York, and I am certainly net adverse in any way to this application, but I only have voiced those concerns that I just mentioned. HR. RUSSO: And recognize that the prior operator of this particular bus service te the community passed away within the last 12 months, which is another reason the school district turned because of the situation te try and bring in another operator te immediately help out. It's not the largest school distr±ct out here and it is an effort and with the costs incurred te try and maintain a bus service, this is the reason why they came and went to a reliable company that was working in several other areas with 35 years ef experience to attract them out here, who would make a commitment to improving what is going on in 36 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 this particular school district and in the community, knowing the reputation of that particular company. So I hope that would help you. I also have for you, which I will pass up, just the Health Department status, because we are processed and we did receive that, and Miss Elkowitz' resume an expert to qualify for the testimony under 100-263 and 264. If there are any ~ther questions, I'd be happy to address them. CHAIRWOMAN OLIVA: Vincent? BOARD MEMBER ORLANDO: No other questions. I've raised my concerns. CHAIRWOMAN OLIVA: Michael? BOARD MEMBER SIMON: No other questions. CHAIRWOMAN OLIVA: Jim? BOARD MEMBER DINIZIO: No. I think that granting this special exception as applied for wouldn't be adverse to anything against the town and that this is probably the only place in town that you could have a bus terminal. They simply just aren't allowed in other areas. As far as screening, requiring additional screening, I understand these are yellow buses and they're not going to look the best, but I'm sure they're going to be kept clean. And in all honesty, they're yellow buses, we'd probably have to have 14 or 15 foot trees to hide those buses, and I think that's a burden we shouldn't be imposing on an industrial area next to a landfill, next to a storage place and whatever else is there, Tom's place, which is grinding stumps and everything else. So I would like to see this Board grant it as applied. I just have a question concerning the use of this. Say that the contract falls through, would there Be any -- could this be, and maybe you would have to describe it to me - like the Omni over in Southampton where you have passengers, people coming and boarding buses at this building you have here and shipping them off to Pennsylvania or what have you? HR. RUSSO: If you read your code section under 100-141 it describes your land use regulations and outlines all the uses that would be permitted. When you look at the criterion here, it says that it's truck or bus terminals for garages, parking facilities and loading docks. It does not indicate that it could be a 37 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 transportation terminal in which people could come and have to be able to park their car or be dropped off and then in turn go from that point to points west. BOARD MEMBER DINIZIO: I don't think that transportation terminal is defined in our code. MR. RUSSO: No. But I would certainly indicate that if someone came to the Town of Southold, if the bus transportational facility was terminated for whatever reason, whoever was going to move forward and try and invest in acquiring the property for a different use, would have to come into the Planning Department, the Building Department and discuss what that proposed use is and seek a change of use or a site plan amendment to accommodate that. This parking on the site is strictly related to the size of the building, to the number of employees that are coming to and from. This is not a use that is going to generate visitors to the site. Even the school district if it came would only come on an annual basis or semi annual basis to inspect that everything's in order, and that they're getting adequate service. This is not something whereby you would have other than employees coming there or people who are coming in for interview. So my response to you would be that they would have to be back to the Town, not maybe necessarily to you, but to the Town to seek a change of use and modify whatever's going on on the site. BOARD MEMBER DINIZIO: I don't see that in our code, honestly. I think once we grant this it could be a bus terminal. But that's not for you to guarantee us, that's for us to clarify. MR. RUSSO: I think that's something you would have to discuss with your legal counsel and Town attorneys. BOARD MEMBER DINIZIO: Say in our decision we place something like that, this is for school bus use only. MR. RUSSO: That's fine. It wouldn't be a problem for the applicant. It's a concern, it's a meritorious concern and I don't believe that would be an issue. ASST. TOWN ATTY. CORCORAN: You could limit the grant or the permit or the exception to the use as applied for. 38 November 17, 2005 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 BOARD MEMBER DINIZIO: I don't want it restricted just to Mattituck. I don't want us to say it's just for Mattituck, and it benefits them. ASST. TOWN ATTY. CORCORAN: They could go to Greenport. BOARD MEMBER DINIZIO: I'd like to see them come to Greenport. I grew up with Mr. Brown, and I knew them very well, competition is good. It's nice to have another place. That's what I'm trying to get at. I don't want to restrict them in any way, that's what this is for. CHAIRWOMAN OLIVA: Is there anyone else in the audience who would like to comment on this application? If not, I'd like to make a motion to close the hearing and reserve decision until later. (See minutes for resolution.) CHAIRWOMAN OLIVA: Next application is for Barton and Pat Johnson, Bayview Drive, East Marion. Is there anyone who would like to speak on behalf of this application? For a demo and reconstruction of a home. MS. STEELMAN: Nancy Steelman, Samuels and Steelman Architects. I will be very brief on this one. We have received a Trustees permit for this property. I have a copy for your file, if you would like it. Basically to give a very brief overview on this application, we are seeking a variance because we are encroaching within the 75 feet of the bulkhead. There is an existing house currently on the property. It's approximately now 59 feet from the bulkhead. We have basically maintained this house, the new house to be in that same general area. We're not encroaching any closer to that area. The Nouse was built, the original house was built approximately the end of the 1940s. It's been a very long time. It's a very dense community. A lot of the houses are very close to the bulkheads. The adjacent neighbor's house is 47 feet off the existing concrete wall. So we're looking for relief on this, but we don't feel like we're creating any additional problems in that area. If I can answer any questions. CHAIRWOMAN OLIVA: I'm familiar with the area, they are all bunched together. Jim? BOARD MEMBER DINIZIO: No. It looks like, 39 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 what is that an outdoor shower on the property line? MS. STEELMAN: Yes, that's all going, that is all part of the existing house. BOARD MEMBER DINIZIO: That's all I have. CHAIRWOMAN OLIVA: Michael? BOARD MEMBER SIMON: No questions at this time. CHAIRWOMAN OLIVA: Vincent? BOARD MEMBER ORLANDO: I saw the site. is a unique piece of property. I can see why you're going to cock the house logistically wise. I was trying to get an idea as I was looking at it, the old versus new, but it seems It the majority of the new house will be seaward side of the existing except for that one little corner. MS. STEELMAN: Yes. One little corner and we're 70 feet on the far corner on the southeast side. BOARD MEMBER ORLANDO: It says new terrace, and that's consisted of a grade, pergola above it? MS. STEELMAN: Right on grade, no pergola, no structures other than just that little terrace that is seaward of the house. BOARD MEMBER ORLANDO: That's on grade of the patio, and it's a total demo. MS. STEELMAN: Yes. On grade with the patio and a total demo. BOARD MEMBER ORLANDO: No other questions. BOARD MEMBER SIMON: Footprint will be slightly different? New foundation? MS. STEELMAN: Yes, new foundation, the house is so old, it doesn't make sense to reuse the foundation. CHAIRWOMAN OLIVA: Jerry? BOARD MEMBER GOEHRINGER: I was to the site, I personally would have centered it more on the property, but you're not denied for side yard so there's nothing we can say about that. BOARD MEMBER ORLANDO: I think the grade kept them seaward because of the topography of that one. MS. STEELMAN: Right. It's a good almost 12 feet same the high point of the site to the bulkhead. And we're really trying to keep it in that same general area otherwise we'd be excavating further into that hill. 4O November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIRWOMAN OLIVA: Is there anyone in the audience that wishes to comment on this application? If not, I'll make a motion to close the hearing and reserve decision until later. (See minutes for resolution.) CHAIRWOMAN OLIVA: Next hearing is for Michael Zevits down on West Lane for a new house. Bruce? MR. ANDERSON: Bruce Anderson, Suffolk Environmental Consulting for the applicant, Michael Zevits. I'm just going to pass up two items here and work through this as quickly as I can. This is an application that seeks variance relief in a number of areas to accommodate a 1,260 square foot house with a front deck. We're seeking a variance from Little Peconic Bay Road. We should be 11 feet off that. There is a 50 foot right of way that comes across the property to the north. The lot is an approximate half acre lot. And there's a variance of 29 feet from the front porch to the 50 foot right of way. What we're doing in this application is we're trying to treat Little Peconic Bay Road as a side yard. The Little Peconic Bay Road is actually a gravel driveway, and the 50 foot right of way you see there is really where the actual access to the property is and that also is a driveway. This is part of a four lot development that was created and held by the Zevits family. Adjacent to the property and to the west is a developed parcel of similar size with a similar house on it that was built by his brother Joseph. And behind it is another dwelling that is really the Zevits family house. I've given you an aerial photograph that shows how they set up. The design on this is to try to create space between the two Zevits brothers so that the family house that sits behind it will maintain the view it's always maintained. BOARD MEMBER ORLANDO: They don't get along? MR. ANDERSON: They get along great. And the lot behind it will actually go to the Zevits' sister, who has no plans to develop it at the present time and may not for many years perhaps, but this is a four lot division, if you will. 41 November 17, 2005 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 It's created by the family and it will be maintained in the family, I can't say forever, but for as long as it possibly can. It was I believe purchased in the '60s for that purpose. There is one affected neighbor, and I handed up a letter from that affected neighbor who expresses no objection whatsoever. And it's important to note that as the side yard of 11 feet that we'll call it the eastern lot line, that we wish to treat as 11 feet and encroaching all the way into Little Peconic Bay is heavily vegetated with cedar trees and that is why there's really no real visual impediment in doing what we're asking do. I had Michael approach his neighbor and make sure that there be no objection and he procured that letter and I've placed that into the record. CHAIRWOMAN OLIVA: Whose right of way is that and why is it there? MR. ANDERSON: That right of way belongs to the Zevitses, and it's really just a grassed area and there's a driveway that comes in and just splits off to the various houses. It's just their access, access the property to the west. There really is no access whatsoever from Little Peconic Bay Road nor will there be in the future because all the four lots enjoy that access. That actually runs to the west and eventually hooks up with the I guess it's called the Esplanade, which is the main entrance into Angel Shores development also to the west of it. The driveway is probably 14 feet wide gravel, and it served the community well. No plans to make it any larger, improve it anymore than it already is improved. Again, the whole point here is to do a coordinated development among the Zevits family so everyone can be accommodated. That in a nutshell is our case. CHAIRWOMAN OLIVA: So you're counting that right of way really as your setback to Little Peconic Bay Road; you're counting on that 10 foot to add another foot for the setback to Little Peconic Bay Road? MR. ANDERSON: Right, it's 11 feet. CHAIRWOMAN OLIVA: Michael? Vincent? BOARD MEMBER ORLANDO: So according to your survey and according to your explanation, that right of way is only on that one lot? MR. ANDERSON: You speak of the 50 foot November 17, 2005 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 right of way? BOARD MEMBER ORLANDO: 10 foot? MR. ANDERSON: The 10 foot right ef way was a pedestrian right of way theoretically for the back lot, which has never been used and never will be used because it's maintained in the family, and the family just walks down to the beach. And we have kids involved, and we have no plans to clear it or do anything with it. BOARD MEMBER ORLANDO: But as you said in the future you can't predict what will happen, se Lot 2, we'll call it, that's their right of way to access the beach, if it did change hands. MR. ANDERSON: Right. By the same token they'd be buying into an existing set ef facts. I highly doubt that this will ever be broken up but theoretically it could, and if that were te happen, whoever were to purchase the back lot would be purchasing under that set ef facts, and in any event would be able te walk down Peconic Bay Avenue te the bulkhead there. The final thing that I haven't mentioned is the deck would be set back from the bulkhead at 63 feet, but that really refers te almost to what is really a bulkhead return, if you will. BOARD MEMBER ORLANDO: It's where the access for the stairs were. MR. ANDERSON: Yes. But these stairs really come off ef Little Peconic Bay Read. BOARD MEMBER ORLANDO: Is there any reason why they couldn't shift that house further to the west, they're all family? HR. ANDERSON: They're trying to accommodate, all the family members are working together, often times you ask me will alternative relief be acceptable, and the answer is it will. This is just an ideal layout for this development for this family, and my thinking on it was, although self created, the real person who would be impacted would be the adjacent property owner on Little Pecenic Bay Read. Se what I said to the applicant was, if that affected property owner voices no objection, then I'm prepared to make an application. If there is going te be an objection then I think the application would be significantly weakened. BOARD MEMBER ORLANDO: Because they are putting their driveway furthest west as you can, November 17, 2005 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 right against I guess it's his brother Joseph's house. I don't know how the rest of the Board feels, but I think you need to move it over a little bit there. This is a new construction. I'm look in the future, Bruce, in case someone did sell it, they would have a one foot setback off the right of way in case someone did exercise the right to clear that and use it on Lot 2. MR. ANDERSON. I understand that concern. CHAIRWOMAN OLIVA: Bruce, do you have a deed for that right of way? MR. ANDERSON: I believe it would be incorporated into the deed, I would be happy to supply that. CHAIRWOMAN OLIVA: Would you, please. But I would agree with Vincent, if you could move that over a bit. BOARD MEMBER SIMON: The right of way runs with the property, right? MR. ANDERSON: Corect, but from a layout standpoint, it's almost rather silly, because if you were on the back undeveloped lot and assuming it was sold, which again, is very much a long shot considering this was purchased by Mr. Zevits, now deceased, for his kids in the '60s, the natural way to access that area would really be down through Little Peconic Bay Road, that's where you would go. It's a driveway, it's so easy you have the steps there and a little beach at the road ending. BOARD MEMBER ORLANDO: It would be the right of the person who owned Lot 2 at the time to exercise it if they chose. MR. ANDERSON. They could go either way. BOARD MEMBER DINIZIO: Well, no, that 10 foot right of way enhances that back lot. Certainly it enhances it because it gives them the right of way down to the water. MR. ANDERSON: I agree. But the applicant owns the right of way and the applicant is saying enhancement er not, it's unimportant to us. BOARD HEMBER DINIZIO: But the importance to us, Bruce, is if someone se chooses that back let, se chooses to use that right ef way, they have every right to clear 10 feet, which would be a foot away from the house, if that's proposed. Can the applicant ge five feet away from that right of way, 15 feet away from the November 17, 2005 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 property line? MR. ANDERSON: Sure they could is the BOARD MEMBER DINIZIO: It's not a problem as far as cesspools are concerned? MR. ANDERSON: No. If we're talking about shifting it over five feet, eight feet, something like that. BOARD MEMBER DINIZIO: It would be four additional feet. Say you go from 11 to 15. MR. ANDERSON: In real life that's not going to matter. I mean, they've set it this way because it's ideal. They actually wanted 10 feet, and I said I really don't think you should put it on the line, so that's where the 11 came from. But quite honestly, if it were 15 feet off the Little Peconic Bay Road, at the end of the day and in real life, it's not a significant impact on the overall development. BOARD MEMBER DINIZIO: You're not going to be hampered in any way constructing a house in that area? BOARD MEMBER ORLANDO: Not a deal breaker. MR. ANDERSON: No. BOARD MEMBER DINIZIO: I understand why you have the driveway the way it is, because you have all the these leaching pools; you can't be driving over those. MR. ANDERSON: Maybe they don't even put in the driveway because you have te understand, the Zevits arrive and they just park. It's a family compound. BOARD MEMBER DINIZIO: Right, say 15 feet from Little Pecenic Bay Boulevard, it won't hurt the construction ef this house? MR. ANDERSON: No, but it will cause us to amend applications. CHAIRWOMAN OLIVA: It will give you alternative relief. CHAIRWOMAN OLIVA: Jerry? BOARD MEMBER GOEHRINGER: Bruce, were these lots created by will? MR. ANDERSON: They were initially created I believe as a subdivision. There was a time where they theoretically merged. This goes back many years and I believe Mr. Olsen came before the Beard te have them unmerged. And that runs with the land, but then what happened Mr. Zevits, who November 17, 2005 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 created the property, passed away. And then the individual lots were gifted to the kids. BOARD MEMBER GOEHRINGER: By will? MR. ANDERSON: Yes. BOARD MEMBER DINIZIO: In '97 they came before our Board. MR. ANDERSON: That could be because I believe he died in '95 or so. BOARD MEMBER DINIZIO: And the applicant has confirmed substandard lots. MR. ANDERSON: you think because a 50 four lots is excessive. a major subdivision to 20, 30, whatever. It's not as substandard as foot right of way to access That's what you need for access however many lots, BOARD MEMBER GOEHRINGER: Thank you. MR. ANDERSON: And the right way is kept free and open and everyone uses it. CHAIRWOMAN OLIVA: Is there anyone else in the audience who would like to comment on this application? If not, I'll make a motion to close the hearing and reserve decision until later. (See minutes for resolution.) CHAIRWOMAN OLIVA: Next application is for Premium Wine Group. Miss Wickham? MS. WICKHAM: Good morning, my name is Abigail Wickham, and I am representing Premium Wine Group. I'm here today with Russell Hearn, who is the manager of this facility and Nancy Steelman, who is the architect. And any of us can answer any questions that I don't hit in my presentation. I think the first thing I would like to do, and I realize you have a long agenda today, but I'd like to take a minute to tell you how this facility works. It is a production facility for the making of wine for vineyards who do not have their own wineries. PWG makes their wines according to their standard specifications and modifications that the individual vineyards provides. The grapes come into the facility; they're crushed; they're fermented in tanks, barreled, bottled and shipped out. There is no room for onsite bottle storage. It's strictly a production operation. Lieb Vineyards does have a small tasting room in the front of the east building, but this is not affected by this November 17, 2005 47 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 operation. If I could just show you the floor plan for the moment. Do you have the site plan in front of you? The east building contains a crush pad on the rear, that's the one along Cox Lane. The tractors or trucks will pull in with the grapes in the rear. They're unloaded. They put the grapes through the crushers and the juice is pumped into the tanks, which are located in that east building, to ferment. There are also tanks located in the center area between the two buildings which are used for short term storage and fermenting of wine. The wine that goes into barrels, that operation is handled in the center now between the two buildings; the barrels are filled and emptied outside. The barrel storage then goes into the west building, which has a small and what they found to be an inefficient bottling operation in the front corner. The wine that has to be bottled, which is in the tanks in the east building, has to be physically pumped out and over to the other building to the bottling line. Outside sometimes they have to show up in the winter and shovel the area before they can start their operation. So the purpose of the new building is to consolidate what goes on in the middle there so the two buildings can have a unified production. It is not to add more tank space. It is merely to facilitate the production that happens between the two buildings. Right now they're opening and closing doorways. They're doing work outside. This is an all year round operation, so it has hampered them considerably. So they basically want to fill in a portion of that center space. Now the proposed location that we have shown of the -- I'm going to call it the addition for now, is actually stepped back six feet from the front line of the building on the Sound Avenue side. It does have a columned front porch and the roofline comes down to the frontline, and they did that in order to create an differential facade and make it look nice. But the building itself is stepped back six feet. What is not shown clearly on the plans that you have is the fact that the roof that is going to be over that new addition November 17, 2005 48 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 will slope back considerably from Sound Avenue at a ratio of one foot for each 12 feet. Right now on the front of the building, if you look at it from the side, this shed roof projects out towards Sound Avenue. So when you put the building here, that shed roof is going to be only at a very slight slope as it moves back from the building over the porch and the front part of the building. Then it will raise at a five to 12 foot ratio. So when you face that building from Sound Avenue, you'll see the pitched roof on the west, you'll see a setback on the building with the columns and the porch with a very slow roof going away from you and then it goes up, then a separate pitch. So there are three separate facades that are created. Also I want to indicate that the visual impact from Sound Avenue, which is where the frontage is that we're talking about is dramatically lessened for a couple of reasons. First of all, the building line is not parallel to Sound Avenue; it is skewed away from Sound Avenue. The building is completely screened from the east side by the trees and the vines that are there. And the building if you note is already set back 135 feet from Sound Avenue on the west end and 200 feet on the east end, whereas the requirement is 100 feet. We have considered seriously pushing the addition further back to set it back further. I want to explain to you why that wasn't proposed because of the method in which the operation occurs. This is the addition here. Here is Sound Avenue. The addition is this section here. Right now, in the barrel building, they have their bottling line-up here. As I said, they're pumping the wine from the tanks across the open area into the bottling line. The new bottling line would be here. Originally if it were all flush, it would have had an L-shaped bottling line room that worked well. They pushed it back further the six feet to try and set back that building a little bit, so they're already off kilter a little bit in that room. If they push it back any further, they don't have that flow of bottling area and they lose that tank space here, and really the only place that these tanks could go is over here behind the crush pad, and we feel it's kind of visible to Cox Lane. And November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 right now they're tucked in behind there and they don't show too well. The reason that tank storage is important -- stainless, I want you to understand they are stainless steel tanks at 15 feet high, there's five acres of grapes in each tank, that's a lot of grape, and to move it back further and to lose those tanks, they would not be able to accommodate it. Another alternative that we discussed was pushing the front of the building out on the west side, so you would have it offset. The reason that didn't make sense is now you're pushing the building closer to the road. We have the legal right to do it, but we don't think that effects a good solution, it pushes the building too much closer to the road, and it would also be an excessive construction cost for the amount of space that you have. The applicant does have the right to build a separate building in there, which could probably about be about 58 feet wide. Again, that is not a significantly feasible alternative because they would have double walls right next to each other, it would be extremely expensive; it would be inefficient from a heating standpoint; they would need another heating plant; they would still be going in and out all the time and it just wouldn't work. So what we would like to ask the Board is that they consider the alternative that we have proposed recognizing that the porch recess does create a setback and we would ask the architect, Nancy Steelman, who as you know is quite talented to do these design features, to come up with a plan with the Planning Board that they might be able to accommodate that would soften the effect of that building. The only other thing we would ask is that if you did make us move the building back, we would want the ability to put those tanks in the back so we don't lose 50 acres of grapes basically. And we think that that is not the best solution, but it could be done. One thing that I think is important to note is that Sound Avenue travels in terms of visual impact is not focused on the front of that building as you go by, they're focused on the 49 November 17, 2005 50 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 intersection. The westbound people, as I say, won't see it because ef the trees and the vines in front. The eastbound side dues see mostly the west side ef that building, and they have put trees up in accordance with their site plan and buffers. If you wanted more buffer on the west side ef the building, we could certainly de that. I think that the 60 foot law that we're addressing here was primarily aimed at strip malls, and the LB zeno which we're in does net allow strip malls. We're not going te be seeing that kind of usage. We're not going to have retail traffic. We're not going to have people going by trying te see hew many different stores are in there, and the building have three different segments that are architecturally dissimilar, it's not a straight line of a building. What I want to address next, and fairly briefly, is the economics of this expansion and why they need it, so you can understand why it's important to the facility. The winery is designed to accommodate the production ef small vineyards. It is designed to accommodate 500 acres of grapes. The average vineyard size that they accommodate is between 25 and 40 acres, small vineyards; eleven ef them are in Southold town, 11 ef the 13, and they're expecting when they lose one right ever the line in Riverhead shortly due tea winery construction that they will replace that with several mere vineyards in Seutheld town. The existing vineyards that they accommodate have farms en Oregon Read, Hary's Read, Wickham Avenue, Elijah's Lane, Bridge Lane, Yeung's Avenue and New Suffolk Avenue, fur example. And those are places where you want to minimize having wineries and tasting rooms, gift shops and all the catering and other things that are attendant on wineries in residential areas. And you also will encourage agriculture by the promotion of this facility. The facility dues strongly support the development rights program in Southold town. The farms that they service readily adapt to the sale of development rights because they don't have to build wineries or held out land to do that en their own farms. And if they can't have this type ef production facility, in speaking te the producers, Hr. Hearn has come up with the opinion November 17, 2005 51 2 3 4 5 ¥ 7 8 10 ]_2 ~3 ~4 ]_5 ~8 20 2~ 22 23 24 25 and has been told by them, they would either have to find a way to build their own wineries or basically be forced out of business. We also will not see any significant increase in traffic. This is to efficiently handle the current planned production that they have contemplated. Most of the employees are Southold town residents, seven of them out of 10. And the producer vineyards that they employ a larger number of people locally. Their major production dates for harvest are September to November, it's about a two month peak period. The rest of the time they're strictly a 9:00 to 5:00 Monday to Friday operation. They don't have weekends. They have a tractor trailer truck that comes in about once a week to either pick up wine or deliver supplies, and originally there was a little bit of difficulty when the drivers were learning what the route was and how to get in and out. Cars on Cox Lane were a little impatient waiting to go around them, but they have taken an active role in trying to address that problem with drivers and they think that that has been fixed. The building height is 29 feet to the ridge. It's 16 feet to the soffets and a mean of 23 feet. This is really an exciting facility for the north fork, because it does production of these vineyards and farming operation. It provides a great tax base, one much greater than the owners appreciate, but it does provide a good tax base for the town. I welcome your comments. I don't know if Nancy Steelman would like to comment. I did mean to give you a copy of the photograph that shows the actual shed roof. This is the existing building now - I'm sorry, we only have one of these - this is the current space where the building will be added, and this is the shallow shed roof that is currently in the front and that's what will actually go up for -- Nancy, how far back does the shed roof go? MS. STEELMAN: Thirty, the ridge is 60. MS. WICKHAM: Thirty feet before you start going up to the higher elevation. BOARD MEMBER GOEHRINGER: Can I ask a question? CHAIRWOMAN OLIVA: Sure. BOARD MEMBER GOEHRINGER: Miss Wickham, November 17, 2005 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 why are you matching the ridge on the two roofs? I see there's a mezzanine area shown in the plan, and I noticed that mezzanine area shows storage and so on; is that the reason? MS. WICKHAM: That is one reason to accommodate a partial second floor. Part of it will be open in the production area, part of it will accommodate a conference room and a storage area, and that's important to get that in. If we set the building back, I don't think I mentioned this and maybe Nancy wants to elaborate, it does create roof issues in terms of how you would build that. If we took the porch off so you saw the setback more dramatically, the front part of that addition would be higher, because the shed roof wouldn't come over it as much, and you'd lose that column effect that kind of sets that apart as a different architectural style. But that's the reason that roof is like that. And when you look at the plan in front of you, it's a big roof way across. I don't think if you look at that roof you will find that it is that imposing in real life. BOARD MEMBER ORLANDO: Are any of the mechanics that are in between the buildings being moved or this would be covering those mechanics and will stay there, meaning the plumbing, the piping, the tanks? MS. WICKHAM: The piping is just hosing. BOARD MEMBER ORLANDO: The large stainless steel vessels there. MS. WICKHAM: The stainless steel vessels that are in the center here are holding tanks and they will remain. MR. HEARN: Russell Hearn, Premium Wine Group. The new addition is in an area where there is nothing currently. So the tanks that are there would remain behind the new addition. So we already have tanks in place at the north end, at the rear of where this would be. So from Sound Avenue now, if you drove past Premium Wine Group, you would see the tanks physically behind where if this construction, when this construction would be possible, it would block the current view of tanks anyway. MS. WICKHAM: So right now where they're pumping across and emptying and filling barrels, they're going to have that enclosed now. So that 52 November 17, 2005 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 will continue, now it will be enclosed. CHAIRWOMAN OLIVA: How high is it to the peak of the existing buildings? MS. WICKHAM: Twenty-nine feet. BOARD MEMBER ORLANDO: And the height of the new addition to the ridge? MS. WICKHAM: Twenty-nine feet to the ridge once you get past the shed roof. BOARD MEMBER SIMON: Did you say there would be no increase in capacity as a consequence of this addition? MS. WICKHAM: That's basically true. MR. HEARN: The physical footprint of the property and the layout of the concrete that's already established and was built in 2000, allows for all the capacity that we would go towards. This allows us to be much more efficient to do that capacity. So it's not looking to expand what we are able to do, it's looking to do what we will do more efficiently. BOARD MEMBER SIMON: So there will be no more bottles of wine per year as a consequence of this addition? MR. HEARN: We have not reached our capacity at this stage. So every year production has increased as more vineyards have come on line. So we have the physical footprint to add more tanks in this particular area. This would not add any additional capacity. BOARD MEMBER SIMON: So essentially there's a trade off in a way between that issue of efficiency and perhaps even the advantage of shielding some of these shiny tanks that are in the back as a consequence of the addition there would be 180 foot continuous building across the front. However, as you point out it's kind of a practical loophole in the law, that these could be instead of three 60 foot buildings called cheek-by-jowl, they could be three 59 feet buildings with a foot between any two ef them, which surely would not make any aesthetic difference. Se that's one way to look at it I suppose. MS. WICKHAM: There's another point I want te make, and that is that the 60 feet, applies to only one street. And if you look at the Cox Lane side, that building length is 130 feet. So I think the variance almost could have been 53 November 17, 2005 1 2 3 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 structured in terms of that being the variance that we needed, 130 feet rather than 180 feet, which minimizes the amount of variance that we're seeking. BOARD MEMBER SIMON: Then you would need two variances. BOARD MEMBER DINIZIO: No. The original variance was for County Road 48. We based our decision, really all it was the decision that said our law says that the 60 foot rule only applies to one street, and that was the big thing. If we're saying that, County Road 48 is the way that this was built, that 60 foot. We didn't grant any variances. MS. WICKHAM: No, you just made an interpretation. But, maybe it's a technicality and we shouldn't get into it, but what I'm saying technically we could claim 180 feet as the other side, and the one street we're looking at is 130. I thought if it would assist the Board in making a decision, fine, if not, let's go. If you have a moment, I'd like to address a couple of other appeals, Lavcorp, 4882 is the Peconic Bay Vineyards in Cutchogue, that allowed a 203 foot building, and I think as I read the decision, part of that was based on the fact that there were different facade elements to that facility. BOARD MEMBER SIMON: Where was this? CHAIRWOMAN OLIVA: It's never been built. MS. WICKHAM: It was not built, but it was a variance that was granted in Cutchogue, Peconic Bay Vineyard across from King Kullen shopping center. You recently granted Mallin, not far away from there. That was a smaller building, but you allowed them to have a building length which was almost a little over 50 percent of the width of the property. Our building length is a little over 50 percent of the width of our property, 108 to 334. Jim Drake's building up on Cox Lane and 48, that's huge. I couldn't find anything on that. I'm only assuming maybe that was pre-existing before '95, do you think? BOARD MEMBER DINIZIO: Yes. MS. WICKHAM: In the area we have the Twin Forks Fence building, which is in the application that states that width, and the Wendy's Deli building also states that width. So that is not 54 November 17, 2005 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 out of keeping with the provisions. BOARD SECY. KOWALSKI: Gail, would you have copies of any of those maps for the file? MS. WICKH~kM: I'm sorry, I didn't make the original application, so I'm not sure. BOARD SECY. KOWALSKI: The ones earlier, the Peconic Winery on the Main Road and for Wendy's. MS. WICKHAM: Would you like copies of the decisions? BOARD SECY. KOWALSKI: Yes, that would be helpful. MS. WICKHAM: Would you like several copies? BOARD MEMBER ORL~kNDO: One for the file. MS. WICKHAM: I'll get these to you today. BOARD SECY. KOWALSKI: The ones you're referring to as part of your presentation. BOARD MEMBER ORLANDO: It's probably too late to make any change, but as I understand, where Wendy's Deli is is a strip mall, right? MS. WICKHAM: Yes. BOARD MEMBER SIMON: So I don't know that it would strengthen your application by saying that it's consistent with an adjacent strip mall. Trying to distinguish it by arguing that it is not in fact a strip mall or anything like it. MS. WICKHAM: It's not a strip mall and it doesn't look like a strip mall. BOARD MEMBER SIMON: So I'm saying to appeal to the existing next door strip mall could backfire as an argument. MS. WICKHAM: I think it's not out of keeping with the neighborhood, length. BOARD MEMBER SIMON: Alas. CHAIRWOMAN OLIVA: Jim? BOARD MEMBER DINIZIO: I would like him to just disclose that one of the principals is a very good friend of mine. I have no interest in his building or anything like that, but I did want to disclose that. I just have a question about the roofline. The peak of the roof is going to run opposite between the two buildings. BOARD MEMBER ORLANDO: Like a reverse gable. right here. MS. WICKH~kM: The addition portion will be here and there will be a roofline across Right now the existing roof is here and 55 November 17, 2005 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 here. But this will be set way back. There will be a dormer and shed so that will be set back quite a way as well. BOARD SECY. KOWALSKI: How far is that set back, Gall, so we can include that in the decision? BOARD MEMBER DINIZIO: How far is it set back from the peak and the two existing buildings on the front yard; de you know what I mean? MS. STEELMAN: 30 feet. MS. WICKHAM: 30 feet is where it starts. BOARD MEHBER DINIZIO: The height ef the ridge where it meets the other ridge. MS. WICKHAM: Sixty feet from the front. BOARD MEMBER SIHON: Se that ridge is 60 feet te the north? MS. WICKHA~: Yes. So you'll have a 1 by 12 shed reef for 30 feet, and then you'll have a 5 te 12 pitched roof for 30 feet back. CHAIRWONLAN OLIVA: Jerry, did you have any other comments? BOARD MEHBER GOEHRINGER: No. CHAIRWONL~N OLIVA: Does anyone in the audience wish to comment en this application? If net, I'll make a motion to close the hearing and reserve decision until later. {See minutes for resolution.) CHAIRWOMAN OLIVA: Next hearing is for the Hartins down en Meadow Beach Read, Mattituck. MS. MOORE: You're very familiar with the property from our prior hearings. We are at this point working with the east side of the property. The renovations ef the house took place. New they are concentrating on landscaping and the accessory uses en this property. We have an existing pool, which you have in your file a history that that pool was actually constructed with the benefit of a variance that was granted many years age. The pool is going to be enlarged and it is actually going to be placed behind a gazebo. The gazebo is not actually going te be connected te the dwelling, to the house, it is going te be separated by a couple inches. But it will be a self-sustaining gazebo. It's really a covered barbecue area, living area for the family, all part ef an overall landscape plan that I know November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you have the drawings in your file. Done by Ural and Ural is here with me to answer any questions you may have. We've included everything here because the right of way, we have setbacks to the right of way, the right of way being access to some homes that are on the -- it's an offshoot of the bay, it's the marsh area behind. The hot tub that is presently there is going to be relocated, so we included the hot tub. The shed that is presently there is going to be converted from a tool shed to a changing room, a very small changing room but nonetheless it's going to be changed. MR. TALGERT: The storage shed is supposed to be enlarged by a little bit. MS. MOORE: The existing is 8' by 12' and it's going to be enlarged to 10' by 12' The design of this pool and landscaping, it's on a patio area and as you get to the back of the house, the patio, the stone patio, the fence actually is going to be hidden from view so that it all aesthetically matches the rest of the landscaping. I'm sorry, Ural, I'm butchering your description, so he will more eloquently describe the design. It's very well described on the drawings. Do you have any questions? BOARD MEMBER GOEHRINGER: Yes. Since it's my file and I have to write the decision, how much larger, how big is the storage shed now, Ural, and how much larger is it going to be? MR. TALGERT: The existing shed is 8' by 12' and it's going to be enlarged to 10' by 12' MS. MOORE: Mr. Goehringer, it would probably be easier for you to follow site plan page 1. BOARD MEMBER GOEHRINGER: That's what I have. I didn't see the dimensional changes on there. north. MS. MOORE: Look at the notation to the BOARD MEMBER GOEHRINGER: It's page 2 actually. BOARD MEMBER GOEHRINGER: The proposed hot tub relocation, how much of a relocation is that going to be? MR. TALGERT: About five feet, moving it towards the bay side to the south. At present it's right against the storage shed. I just also 57 November 17, 2005 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 want to make the comment that the original application before the Martins bought the property was for a pool only from this Board, I believe. The storage shed was added to by the prior owner but without getting any permits. So we're in front of the Board also to legalize that. BOARD MEMBER GOEHRINGER: The storage shed? MR. TALGERT: Yes. Not the hot tub. BOARD MEMBER GOEHRINGER: I'm going to tell you, Ural, we took 45 minutes of testimony from the prior owner, who was a medical doctor who wanted to know why the building inspector denied this in the front yard area. Drove me absolutely crazy. BOARD SECY. KOWALSKI: When he asked you questions about the hot tub, you said, no, not the hot tub. storage that we owner. MS. MOORE: No, he was talking about the shed, the storage shed was the structure didn't find a permit for by the prior The hot tub may or may not have needed an actual building permit because it's a portable unit. BOARD SECY. KOWALSKI: It might need a variance though, but you're including that. MS. MOORE: Yes, we're including that. Again, it came with the house and at the time they put it up, I don't know what the Building Department interpretation was clearly today we have included it. MR. TALGERT: To answer Jerry's question }low far it's moving approximately, moving six to eight feet. I don't know how far exactly but it's moving closer to the water. BOARD MEMBER GOEHRINGER: So how are we going to depict it on the site plan? MS. MOORE: Yes. BOARD MEMBER SIMON: What was the reasoning to expanding a 40 foot pool to a 50 foot pool? MR. TALGERT: The Martins have children who like to swim. We had to do some work to the pool as it is. The pool, the way it is sloped is on the site, all the rainwater from the pool site to the house is sloping towards the house. So if we had to rebuild this pool, the Martins decided, well, why don't we make the pool a little bit 58 November 17, 2005 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 19 2O 21 22 23 25 bigger. MS. MOORE: Keep in mind that this property is more than three acres in size. The variance with respect to the setback to the right of way doesn't change. And under the old interpretation, once you had the variance for the setback to the right of way you could extend, but now the interpretation is you're increasing the non-conformity. BOARD MEMBER SIMON: I understand that. If people will build out to the maximum they can, depending on the size of their lot, that if they had five acres then they would want 100 foot pool. MS. MOORE: I guess that's the benefit of owning five acres versus two. BOARD MEMBER SIMON: And one of the vices for most of us. MS. MOORE: It won't create any greater impact given that the setback is already established. BOARD MEMBER GOEHRINGER: I never saw the pool. Is this a gunite? MR. TALGERT: Yes. BOARD MEMBER GOEHRINGER: So I notice the pillars on gazebo -- MR. TALGERT: Trellis structure. BOARD MEMBER GOEHRINGER: -- are going to be placed in the pool, the pool is going to extend into it? MR. TALGERT: Between the house and the pool is the terrace, the pillars will be built on the terrace. BOARD MEMBER GOEHRINGER: They will not protrude into the pool? MS. MOORE: You're looking at planter pots. BOARD MEMBER GOEHRINGER: What type of vegetation is going to be placed in between so as not to cause a problem with the neighbor? MR. TALGERT: At present there is a row of cedar trees, actual two rows deep, about eight to 10 feet high right now. They run north to south alongside the pool. They will remain as it is. There's an existing fence line, that will remain. We're taking down paving. Right on the drawing you might see a dashed line on the sheet a little higher, there's a dash line, that's the existing pavement line. I'm pulling that pavement line 59 November 17, 2005 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 back closer to the pool, so I'm pulling the pool and everything closer back, but the existing screening, the cedar trees are to remain. MS. MOORE: To west of the evergreens it's qoing to be converted to lawn and again the patio. BOARD MEMBER GOEHRINGER: My suggestion to the Board is that at any time screening is involved that the decision mirror the fact that this screening has to be continuously maintained. Any cedar trees that die will be replaced with the same or similar vintage type. MS. MOORE: That's been their goal here. MR. TALGERT: The pool, anyone's pool is personal property. You're running around with your bathing suit. Right next door is the right of way where the public can go down. You don't want to show yourself off to the public, so I am sure Mr. Martin will maintain those cedar trees for the sake of privacy and also to screen out any type of sound either coming from the road into the property or from the property out toward the road. BOARD MEMBER GOEHRINGER: Based upon this enclosure that you're building, and the pool, the changing room or whatever, do you anticipate any future noise that may or may not have occurred on site as it exists now? MR. TALGERT: I think the amount of sound, the existing sound is pool equipment, that is to remain. BOARD MEMBER GOEHRINGER: Where is that? MR. TALGERT: Storage shed. CHAIRWOMAN OLIVA: Righ~ behind the storage shed. MR. TALGERT: The only thing in addition to is probably three kids running around screaming and yelling. But that exists, so. MS. MOORE: And the pool's already there. BOARD MEMBER GOEHRINGER: Thank you. CHAIRWOMAN OLIVA: Vincent? BOARD MEMBER ORLANDO: I have no questions. CHAIRWOMAN OLIVA: Michael? BOARD MEMBER SIMON: No questions. CHAIRWOMAN OLIVA: Jim? BOARD MEMBER DINIZIO: I have no questions. CHAIRWOMAN OLIVA: Does anybody in the audience wish to comment on this application? 6O November 17, 2005 2 3 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 25 BOARD MEMBER GOEHRINGER: What are we doing with the recharge of the pool water? MR. TALGERT: Dry wells in the lawn area to the west of the pool, and that's where the water from the pool will go into. BOARD MEMBER GOEHRINGER: Thank you. When the pool is backwashed? MR. TALGERT: Yes. There's lots of property for the dry wells. CHAIRWOMAN OLIVA: I'll make a motion to close the hearing and reserve decision until later. (See minutes for resolution.) CHAIRWOMAN OLIVA: Next hearing is for Reddingtons on Bittersweet Lane for an area variance. MR. VANDENBERG: Richard VanDenBerg here on behalf of the applicant who's with me today, Michael Reddington. And we also have with us Steven Garachi with us this afternoon. The application I believe before the Board is not only for an area variance but also for a waiver of merger. BOARD SECY. KOWALSKI: No, the waiver of merger has not been advertised with this application. You have not had the property deeded separately. You are not eligible for a lot waiver. So you're here for the area variances for lot sizes to reconfirm the sizes, as you have advertised it and noticed it to the neighbors. MR. VANDENBERG: Then we'll proceed with what we can. CHAIRWOMAN OLIVA: The area variances take to the Planning Board. BOARD SECY. KOWALSKI: Yes, if the area variances were granted you could proceed to the Planning Board. There's a procedure for that. MR. VANDENBERG: I misunderstood, I apologize. With regard to the area variance then, the property in question was a subdivision that was brought before the Planning Board in 1969. There was final approval that was rendered at that time. The parcel originally and was for a number of years held by the Romeo family and relatives. And when the subdivision was approved for the five lots, the two lots, which are the two we're talking about with regards to Mr. Reddington, 61 November 17, 2005 62 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 19 2O 21 22 23 24 25 essentially comprised almost 32,000 square feet per plot. It is R40 zoning there. The lot widths are located on Bittersweet Lane in Cutchogue. They are 160 feet in width and 200 feet in depth. So other than the actual square footage of 40,000, I believe that we are able to meet all of the other bulk schedule criteria. The issue presented itself when Mr. Reddington, who had originally contracted to purchase the two lots, there was a dispute that arose with the sellers, that began back in 1998, was the contract, and ultimately, the issue of the purchase was resolved in 2003 with a decision from the Supreme Court. The properties were then closed on title with regard to the two properties and then approached the issue with regard to the sale of one of the lots. Originally Mr. Reddington had intended to purchase these two lots with the idea of constructing a home on one of them. Unfortunately, the delay in connection with the sale resulted in his constructing a home nearby, but then when we began to look to sell the first of the two lots, the issue of the size of the lot and subsequently the issue of the area variance came up. I will say that the area over there on Bittersweet is an area that is comprised of generally half-acre size lots. There are some one plus acre size lots that are also in the area. There are even a couple smaller quarter acre size lots that are not far away over on Pine Tree. So with regard to whether or not there would be an undesirable change, we don't believe that granting the relief would create an undesirable change in the character of the neighborhood because really the houses that are located and the lots that are located across the street from Bittersweet Lane are the half acre lots, and these two three quarter acre lots would be consistent with the surrounding community. With respect to the benefits sought by Mr. Reddington and whether there was some other feasible alternative to the relief that he is seeking, we do not believe that there is any other feasible alternative with regard to the fact that when he purchased these two lots that he was buying two lots, and the fact that we are in R40 zoning and that the requirement is 40,000 square November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 feet and these are more or less 32,000 square feet that's a variation in the neighborhood of 20 percent or less in terms of the area size, and there's really no other alternative. There's not a lot we can do in terms of purchasing any other adjoining lots to make these conforming. That also addresses the issue of whether or not the relief requested is going to be substantial. As I indicated on the bulk schedule with regard to the front yard setbacks, the width of the lots, depth of the lots, all of those issues, other than the fact that we are looking at a 32,000 square foot, three-quarter acre lot appears to be the only issue that we're looking for the relief with regards to the bulk schedule. Again, whether granting this relief would cause an adverse impact on the physical or environmental aspect of the area, we don't believe that that's the case. The area is pretty sufficiently wooded. There's a lot of natural vegetation and growth in the area. There are a lot of -- for lack of a better term -- briar patch areas that provide good natural screening and coverage. With the current lot coverage permitted, I think we calculated that you could build a house as big as 6,000 square foot theoretically. Understanding that this lot is call it 20 percent undersized, the anticipated construction of the home on this parcel really was going to be no more than a 2,500 square foot footprint or a 5,000 square foot home. So there is really enough that's present on the lot, probably the growth on the lot, it's mostly deciduous, there is some evergreen on the lot, but you could construct a home, meet all the setback requirements and still provide sufficient amount of natural screening for all the surrounding neighbors. There's no wetlands on the lots, on either of the two lots. So again, there's really no adverse impact to the physical or environmental conditions. Mr. Reddington is here with regard to speaking to you further on the issue of what the economic impacts would be to him with regard to the area variance as well. CHAIRWOMAN OLIVA: I think my big problem is access. The roads are in deplorable condition. They're narrow. They don't even meet our 63 November 17, 2005 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 standards for 15' by 15' for fire access. And what could be done to upgrade these because they're terrible. MR. VANDENBERG: Suffolk County -- certainly what has happened to date, we've Number one, gotten Suffolk County water to contract with us to bring a line down Bittersweet Lane into the area, so there would naturally be and certainly are not opposed to some added issue with regard to improving the access down Bittersweet. CHAIRWOMAN OLIVA: These roads are not owned by the Town; am I correct? MR. VANDENBERG: Correct. CHAIRWOMAN OLIVA: Is there any conversation or communication among the people on all these dirt roads to set up a special district and have all these roads brought up to code and then float a bond and have it paid off through the taxes? MR. VANDENBERG: There hasn't been any collective conversation with all the neighbors on Horton. There is a small group that is kind of some of the adjoining parcels to these two parcels where there has been discussions with regard to some improvements on the road. We haven't involved the other neighbors on Bittersweet that lead back to Pine Tree in that discussion, but certainly that was one of the issues that I figured there was going to have to be some addressing of developing some sort of community association or doing something to involve everyone in the discussion. BOARD MEMBER SIMON: I would suggest that what Ms. Oliva was pointing out there are both advantages and disadvantages to having a private road. If you have a private road, hence the private association, then the roads that exist are with the agreement, of all the people who live there; and therefore it is certainly of concern to everyone if more houses are going to be built on those same substandard roads. So I would think that the matter of consulting with the neighbors is not something to be done afterwards but perhaps before some of these issues can be considered by the Town agencies. BOARD MEMBER DINIZIO: I think certainly our code does address private right of ways and I believe there is a certain requirement. I don't November 17, 2005 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 think these roads meet it, but the Town does have some say in how wide this has to be. Jerry, you can correct me if I'm wrong. I know that we grant right of ways, and I think the code enforcement officer can go down there and make them, whoever it is, comply with the Town standard is, I think 15 feet has to be cleared. CHAIRWOMAN OLIVA: That's correct. BOARD MEMBER DINIZIO: Eleven top, maybe it's 15 high, I don't know what it is. Now, of course, we can base our decision on if that doesn't happen, they don't get what they want. We certainly are entitled to do that. CHAIRWOMAN OLIVA: Or we can require a 280A access. BOARD MEMBER GOEHRINGER: I don't know why that wasn't required. BOARD MEMBER ORLANDO: Subdivision? BOARD MEMBER GOEHRINGER: Sure. Really we should stop the hearing in my particular opinion and address the 280A before we go any farther. AUDIENCE MEMBER: What is a 280A? BOARD SECY. KOWALSKI: 280A is an application for a variance. New York Town Law Section 280A. BOARD MEMBER GOEHRINGER: For minimum standards on roads. May I continue? CHAIRWOMAN OLIVA: Yes, go ahead. BOARD MEMBER GOEHRINGER: Minimum standards on roads to meet fire and emergency vehicles 24/7. BOARD MEMBER ORLANDO: Does your client own Lot 1 and 2? MR. VANDENBERG: Yes, he does. I'll turn over the microphone. BOARD MEMBER ORLANDO: And it's not before us right now, but the Town is saying that they may have been merged, 1 and 2? MR. VANDENBERG: Yes. Because of the issue they were held by the Romeos. BOARD SECY. KOWALSKI: They were merged. BOARD MEMBER ORLANDO: But your client doesn't own 3 and 4? MR. VANDENBERG: No, those are owned by other entities. I'll reserve follow up comment, if I could. CHAIRWOMAN OLIVA: Sure. Yes, sir? MR. WATTS: Charlie Watts, Jr. I live 65 November 17, 2005 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 20 21 22 23 24 25 adjacent to the property in question, it would be the corner of Horton and Lilac. I don't know, all my neighbors seem to like the roads -- except for one -- the way they are. It keeps a lot of traffic from going down. It's rural, and that's why we moved there. And none of the neighbors are aware of this going on. Just a little sign about as big as this and that's it. BOARD MEMBER DINIZIO: Our concern, sir, is a fire truck has to get down there. There's a certain minimum standard, and that should be met, and we shouldn't be granting more residences until that. MR. WATTS: I agree, I'd 'rather not see a house go up there anywhere. That's all. MS. PARRIS: My name is Joan Parris. My husband William and I live on one of the lots of this subdivision. It's the only residence in this subdivision. BOARD MEMBER ORLANDO: You're number 5 then. MS. FARRIS: I don't know what number I am. I'm the only one. In response to Mr. Dinizio's comment about the fire laws, I had the fire marshal come down and go down Bittersweet Lane, and he called me back and told me -- and this was very recently -- told me that the New York State law for fire regulations has been changed and there is no longer that regulation of 15 feet and 15 feet up. CHAIRWOMAN OLIVA: I don't know if that was a New York State; that was a town law that we passed because many of our volunteer fire departments just simply couldn't get up these roads with their trucks. BOARD MEMBER DINIZIO: What I think he's referring to is we follow now this international building code. But he may be wrong because I do believe there is something in our code, which we can exceed that building code. I might be wrong. MS. FARRIS: I agree with you, Bittersweet Lane has been the bane of our existence, to be honest with you. The Town refers to our lot as 705 Horton Lane. We do not have access off of Horton. We have access off of Bittersweet. The Building Department doesn't recognize 320 Bittersweet, which is what we have used as our address since we purchased our property 18 years 66 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ago. So there is a problem and in my conversations with the Town I haven't felt that I have gotten a lot of help with this. I will tell you that years ago when we talked about the lots in question with regard to this variance application that I was told by the Town that the lots were merged. This was with Valerie Scopaz. And I was told also that Bittersweet Lane would have to be improved by the first person that went in there and built a house as part of the application process for a building permit. BOARD SECY. KOWALSKI: That's when the new access law gets triggered is when somebody applies for a building permit. MS. FARRIS: I don't know where that would stand at this point, all I know is that's what we were told at that time. With regard to the variance Mr. Vandenberg referred to that this would cause a hardship, I don't know that this is a hardship for Mr. Reddington. I don't know Mr. Reddington. Ail I know is that our property is the only property that abuts the lots in question, and for our bedroom windows to be looking out at two lots and two houses when we really by statute are supposed to be one lot. And that's how strongly we feel about it. BOARD MEMBER ORLP~NDO: Just to interrupt for one second. But when you purchased that lot, they were two lots in front of you 18 years ago. MS. FARRIS: They were two lots and we were told when we purchased that they were one because they together under the same name. BOARD MEMBER ORLANDO: You're saying they were merged 18 years ago? MS. FARRIS: They were. There's no deed that shows separation of ownership of those two lots. BOARD SECY. KOWALSKI: You still have fire access whether there's one house or two houses. That's still the requirement. MS. FARRIS: The fire access is in response to the questions the gentleman brought up. I'm not talking about that. I'm talking about the issues with regard to putting the two lots together. And I don't know if this is the appropriate forum for that, but I just know that we have that concern. When the Town says this and 67 November 17, 2005 68 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 then the Town doesn't follow whatever it says it wants to happen in this town, then you're up for interpretation by everybody all the time. And at some point you have to say yes or no, and this is what you do. Just be considerate, that's all. The other thing is in terms of the neighborhood, yes, there are quarter acre lots that have houses that are right on the border. I don't know how that got approved, but that's what happened in the past. There are half acre lots with small little homes on them. Those are not part of this subdivision. Only the properties that you see on your maps are part of this subdivision. I don't know why their existence has to impact on the marketability of what we have. There's no appraisal here, you can't determine that our property is not going to be impacted. I can't determine that. There's no appraiser here saying that we're okay. Two smaller homes usually means two smaller values. So, in view of the fact that the property has had two lots, they've been designated, but they've been merged for years. I feel badly that Mr. Reddington bought subject to this but no one talked to me about it, and this is what I know. And, yes, I would love to have the Town take over Bittersweet Lane, but I know that can't happen. BOARD MEMBER ORLANDO: It could. It just takes money to improve that road. MS. FARRIS: That's not all it would require. It would need an authority like yourselves that it needed to be widened to its 30 foot actual width, and that would impact people who are using it now for parking. And they would not stand for that. So it is a 30 foot wide road. I was told by the Town it was owned by Peter Sterling's family. It has no owner because the man's been dead for 35 years. So I don't know what the case is. I just don't know what to do. But that's the only way that that road is going to be improved, that the Town is going to stipulate that it be widened to what it's supposed to be widened to. Thank you. CHAIRWOMAN OLIVA: Thank you. Is there anyone else that would like to speak on this application? CHAIRWOMAN OLIVA: Yes, sir? MR. KENNEY: My name is Joseph Kenney. November 17, 2005 69 2 3 5 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 I'm an attorney at law, so I want to tell you that, I can give you my appearance, it's 142 Joralaman Street, Brooklyn, New York, 11201. But my role as an attorney is really in the context of my wife is the co-owner of 405 Bittersweet Lane and my wife's aunt is the owner of 305 Bittersweet Lane, two adjacent properties which abut the subject property here. We object to the granting of a variance here. We object to, if there does come a time when a waiver of merger is requested, we object to that as well. A couple of reasons come to mind, when we look at the nature of this property, my wife's family has been there for more than 50 years and even though the house does sit on a half acre lot and my wife's aunt's house does sit on a half acre lots, these two twin sisters who originally bought this property and put these two houses up functionally served as a one acre compound, if you will. The properties surrounding the subject property here are all one acre on, if you will, on two sides there are stated one acre lots, on our side, while they are half acre lots it's functioning, has functioned for the last 50 years and will function forseeably as a one acre lot. Another adjacent lot, the one that corners on Horton, I think the same thing can be said. There are two lots there, they're two acre lots but they're owned by the same family, and they have been for literally generations. To subdivide this property and to change it into something that would create half acre lots there, or substandard lots, would significantly, substantially change the nature of the usage of the property, the nature of the appearances of the area. Regarding the roads, I agree they are deplorable, and that's just how we like them. The condition of the roads, of course, demand that traffic go slowly and it discourages traffic. CHAIRWOMAiq OLIVA: Who maintains the roads? MR. KENNEY: MR. WATTS: maintain the roads MR. KENNEY: variance, one of can the benefits achieved by some I don't know. Everyone's supposed to in front of their house. When we talk about a the criteria for your decision is sought by Mr. Reddington be other means. When I think about November 17, 2005 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 the benefit that Mr. Reddington is seeking here, it is not to be able te build houses, rather than it's the financial gain that's going te be had by being able te subdivide one lot into two, and sell to two different owners. Now, when Hr. Reddington's attorney spoke a moment ago, he said that we would hear from Hr. Reddingten on the financial hardship that might be caused here. But nevertheless, I find it difficult te believe that a financial hardship can be had, and unsatisfactory financial benefit is going te result from a property that went to contract, and I believe he said it was 1998, sir -- was it actually earlier than that? MR. REDDINGTON: '98. HR. KENNEY: Hy understanding is that this matter has been going on for substantially longer than that. In any case, even if it were a 1998 contract, te 2005, the market value has increased substantially. Any financial hardship that might he lost by not being able to subdivide the property should really be measured against the quality ef life hardship that will be suffered by the families that have surrounded this property for 50 years. Your criteria also talks about whether the requested variance is substantial. I guess substantial is a flexible term in many ways. But nevertheless, what we're asking is can we make two properties where only one is allowed by the cede, that's substantial. You're asking for twice the usage ef the property that it was designed for. Will it have an adverse effect er impact on the physical or environmental conditions in the neighborhood? Certainly it must. Right new, we have, and we had for 50 years, and I, frankly, as an outlaw, one who married into the family, I've only been there for 30 years, but what we find is that the area has been almost a pristine nature preserve for those of us who have grown up there, our kids who have grown up there. I understand that we can't expect that te ge en forever, but nevertheless, to say that we should amend what the law has given us, that we should provide some sort of greater benefit to eno who's speculating for the purpose of financial gain, it just seems unjust . This is not an inadvertent problem, November 17, 2005 1 2 3 5 6 7 8 9 10 11 12 13 1% 15 16 17 18 19 20 21 22 23 24 25 rather, it would appear that it was a very knowable issue at the time the buyers went to contract, and certainly before they closed. To suggest that the rest of the community should have to bear the brunt of that oversight, if it is, or unfamiliarity with the law, when in fact, those of us who lived in the area, those of us who are even vaguely associated with what's going on in the area, have been familiar with these problems for years, it just seems unfair to hold that perhaps lack of familiarity on the part of the buyer, the owner now, against the rest of the neighbors. Thank you very much. CHAIRWOMAN OLIVA: Thank you. Mr. Reddington, I think you wanted to say something? MR. REDDINGTON: Yes. I appreciate everyone's comments. I've been a resident, my mom's got a house in Cutchogue for my entire life. My mom actually lives right around the block on Lilac Lane. When we originally went to contract, and it was in '98 to purchase the property, our intention was to build the house there. We bought the two lots, our intention was to build a house on one lot and keep the second lot; I have four children. Subsequently with all the delays, we found another house and purchased the house. What we were going to do with the properties at this point, if they are properties, was with the possible intention of selling them or the possible intention of keeping them for my children. I don't know what I'm going to do with them in the future or what's going to happen with them. We were in contract to sell both of them; because of certain delays the sales - bids have been withdrawn, which I understand from the buyer's point of view. We don't want to do anything to the neighborhood that would bring down the value. My mother lives around the block. Night next to my mom there is a very small plot that was sold several years ago and a house was built on it, a very nice house on a third of an acre piece of land. Very pretty. I'm sure if the board agreed to that it was two separate lots, and I thought at the beginning of this conversation that that was not going to be decided here, but if the Board was to decide it's two lots, I'm sure that the Building Department would only approve a 71 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 house that was suitable for that size. They wouldn't approve a house that's suitable for an acre. That's my assumption, I'm not 100 percent sure. From our point ef view, yes, the lets are three-quarter acres, they're not the acre zoning. They're short by about 8,000 square feet. When the Board in 1969 did approve that subdivision as five separate lots, it wasn't a question ef this is one let, but we'll approve two. It was separate lots, two separate tax IDs, two separate addresses in the Town ef Seutheld. They also were two lots. At some point they were merged and what I believe happened was it was an oversight somewhere in the Romeo estate where he passed away and the filing went into agreement that the lots were merged, and no eno was there te unmerge them. I never knew that when I purchased them. If I had known that, it would have been a different story. We went through with it. We went to the Supreme Court with one issue on having to do with the sale. The Supreme Court said it was a valid subdivision. And I'm net questioning, and I know it's net your job to say it's a valid subdivision, it has te do with the size ef the lots. We bought them in good faith that that was the case, and if we were wrong, we'll have to live with that. As far as the hardship is concerned; yes, it is a financial hardship. Whether it's an immediate financial hardship or not, if you purchase something and think it's two, and all of a sudden find out it's one, whether it's immediate now or 20 years from now when my children realize it, it's a different story. It's something we just wanted to get straight and even if we purchased at the time, we were going to build on one lot and keep the second lot as an investment at the time. That was where we were leading with it. I know I've sent you guys a lot of different letters over the past couple of months. I appreciate your taking the time to read them, and the whole road concern is an issue that I'll address. It wasn't something that was brought to my attention, and it's something I'll bring up with my attorney and whoever else is in the neighborhood about that. I don't want do anything that's going to surprise the neighborhood. My mom 72 November 17, 2005 1 2 3 5 6 7 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 25 lives there. It's not my intention to surprise anybody by building anything there. I wouldn't do that to neighbors let alone to my mother who's right there. I want to thank everyone for their time. Everyone who came here to speak. Whatever you decide, I respect your opinion. Thank you. BOARD MEMBER SIMON: Just comment, first of all, I do appreciate the gentlemanly nature of the discussion - I regret using the sexist term '~gentlemanly" and the frustration is there is something in law called laches, which is sleeping on one's rights; which is to say for better or worse, if you were given a right, if the owner was given a right in 1969 to subdivide and to build on it, since that was never activated on, that was exactly the point which the Town acted on when it passed a merger law. In other words, rights are not in perpetuity. So it's unfortunate from your point of view, certainly, that you cannot depend on once upon a time the owner of that property had the right to build two houses on the lots in question. That's just a point of clarification and observation, but I do appreciate the polite nature of the discussion and I hope this will be dealt with in appropriate manner. BOARD MEMBER DINIZIO: And while I appreciate Mr. Simon's sentiment, my problem is that we have people go and they took county maps, they see two lots. They receive two tax bills. They receive all this stuff indicating that this looks like it's two lots, and the only way they get a notification that these lots are merged in any way is if they happen to read the paper over the course of advertising the law, or they were in town when there was a public hearing. The Town makes no indication, makes no effort to notify property owners when their lots are merged, although the Town did agree that there would be a subdivision here. I'm a little unfamiliar with subdivisions in that the people who sold you this lot are the people who got the subdivision approval? MR. REDDINGTON: No. It was Romeo. MR. VANDENBERG: It was the collective family, Romeo before. BOARD MEMBER DINIZIO: So then these two lets were sold te somebody else from the 73 November 17, 2005 1 2 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 25 developer, no separate deed then? MR. VANDENBERG: I can address that. In '69 when the application was made for the final subdivision approval, and the minutes of the board December 8, 1969 said it's approved, essentially that point it was a 12,500 square foot single lot requirement. What happens is in 1995 the law is amended to say that well, on merger issues, if you meet certain things, there's a separately recorded deed, which I think it was affected in November of 1995, is when that law was enacted, that would allow us to I guess eliminate any discussion on the issue of area variance. The problem was that Mr. Romeo, who owned the property, purchased it from the family members, died in May of '98. I don't know that the estate had even begun to be addressed or probated or handled. So the problem was that the estate completely missed, overlooked or didn't deal with the fact that the only issue that had to have been done was to create and file a deed. I refer to it as kind of a ministerial act. Something that there's no approval that you need, there's nothing other than just putting words on a piece of paper and filing it at the county center, would have eliminated all of the applications that we're here for. So while I appreciate Mr. Simon's remarks about sort of sleeping on your rights and laches and those sorts of issues, the part of the process that we are now faced with, is because they had gotten all that approval, because it had been recognized in all other ways as a valid individual two lots, the relief that you asked for is, what's appropriate? What is equitable than someone who then comes in and purchases what he believes to be two lots, premises his investment based upon that, and then you ask for the waiver of what happens to be nothing more than a technicality that's taking something away from him. BOARD MEMBER DINIZIO: What is the next step in this progression? 1995, because you don't have two separate deeds in two separate names. BOARD SECY. KOWALSKI: 1995 they didn't merge. 1995 was when we created a procedure for a lot waiver; that was a procedure. BOARD MEMBER DINIZIO: I know at some point in time they were merged. What happened next? How is it that Mr. Reddington didn't know 74 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that they were merged? MR. VANDENBERG: Because of the contract that was entered into back in 1998, it was entered into with a representation there were two lots. BOARD MEMBER ORLANDO: And no single and separate search? BOARD MEMBER DINIZIO: And no two deeds? MR. VANDENBERG: There were no two deeds at that point. It was basically premised on the fact that they had the final subdivision approval and all of that had been done. And there was a representation by the estate that that was, in fact, the case. There are other representations in connection with that that required them to produce single and separates and do-certain things, but more primarily was the issue of Suffolk County Department of Health and getting water down there because the water was not potable down there. There were issues as to whether or not even septic would be possible down there. So then the focus from the seller's point of view went towards the Suffolk County Department of Health, unfortunately for whatever reason they just didn't process that fast enough, yes, land values did go up. When we finally collectively with other homeowners in the area that own some of the other lots prosecuted the issue with the Suffolk County Department of Health to get them to agree with Suffolk County Water to bring water down and resolve the Department of Health issues, we then said, look, we have now got this under control for whatever reason the seller didn't do it. So now we want it closed. And that's the point where the sellers then said, well, we think you have abandoned the contracts. We don't want to sell to you anymore. BOARD MEMBER DINIZIO: Honestly, I don't think that's part of our application here. The delay is fine and all that. I want to be clear on why you wouldn't know that this was merged. If you purchased a piece of land say from the time of the merger law on, you're going to need a deed. Any lawyer is going to probably say that. And if you don't have a deed, how do you say that it's two lots? MR. VANDENBERG: In the contract of sale the representations were made that we were getting 75 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that. When we didn't ultimately get that, we realized that ultimately there would have to be -- BOARD MEMBER DINIZIO: You were getting what? MR. VANDENBERG: Two separate, individual lots. 7.2. BOARD MEMBER DINIZIO: Like Lot 7.1, Lot MR. VANDENBERG: They made that representation in the contract of sale. They said they were going to give us that. When it got to the point where we were allowing them to do their thing, and they didn't deliver, that's when the dispute arose. We then realized we were going to ultimately be faced with having to deal with this. BOARD MEMBER DINIZIO: But you went ahead with the sale anyway? MR. VANDENBERG: We went ahead with the sale anyway and our remedies under the contract of sale were limited. ASST. TOWN ATTY. CORCORAN: Essentially to not proceed and get your down payment back. MR. VANDENBERG: Yes, to get your down payment, but you lost the benefit of what you bargained for. ASST. TOWN ATTY. CORCORAN: But you did proceed under the contract knowing full well you had an issue as to whether they were two separate buildable lots. MR. VANDENBERG: We wanted to close the transaction, yes. ASST. TOWN ATTY. CORCORAN: Before you closed it became apparent to you there was an issue as to whether or not there were two separate buildable lots? MR. VANDENBERG: I would say that's a fair representation. ASST. TOWN ATTY. CORCORAN: And you proceeded with the transaction. MR. VANDENBERG: We proceeded with the transaction knowing that the only thing that hadn't been done was the simple filing of the deed. BOARD MEMBER DINIZIO: Let me ask you, do you then go to the Southold Town code and look at the waiver of merger law and determine that there is something in there that would allow for a waiver of merger? 76 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. VANDENBERG: At that point there is no statutory definition that allows us to avoid coming before you. BOARD MEMBER DINIZIO: Not avoid. I'm saying qualify for a waiver. MR. VANDENBERG: There's nothing statutory that qualifies for a waiver. We have to come and ask for the relief from you. BOARD MEMBER DINIZIO: Right. We have certain criteria, four criteria; do you meet any one of those? MR. VANDENBERG: Yes. Those are the four criteria we talked about, in terms of the density -- are you talking about the exceptions or for granting waiver of merger? BOARD MEMBER DINIZIO: For granting a waiver. Oh, you're aware that these lots are merged? You're aware of that at some point in time? At that point in time, you're going to look at the law and say Southold Town is giving us something that we can get relieved. We haven't had that hearing yet. BOARD SECY. KOWALSKI: That's why I redirected him here. I didn't want him to go through a double procedure like Daysman-Morris did where the first step was to apply for a lot waiver and find out he wasn't eligible. I didn't want to waste Mr. VanDenBerg's time with that. I wanted him to get before the Board for a quick hearing. BOARD MEMBER DINIZIO: My next question was going to be that. I'm confused as to just exactly, why are you here, because of the size of the lots? MR. VANDENBERG: I admit I misunderstood when I first stood up. BOARD MEMBER DINIZIO: Are we talking about two lots or two single lots? BOARD MEMBER SIMON: Would a search at the time of the contract reveal whether they had merged or not? ASST. TOWN ATTY. CORCORAN: It should have, yes. There was no single and separate chain of title search. MR. VANDENBERG: Again, I go back to the fact that we initially contracted with regard to the seller, all these things were going to be delivered to us. Then when we got to the point where we were on our way to court unfortunately to 77 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 conclude the transaction, and I'm not going to stand here and neither is Mr. Reddington, and tell you that we didn't recognize at that point sometime in 2003 or whatever it was, that this plot of land, be it one or two had not increased in value, admittedly, yes, it had. ASST. TOWN ATTY. CORCORAN: Whether it was one or two it was still a transaction you wanted to proceed with economically. MR. VANDENBERG: Absolutely. ASST. TOWN ATTY. CORCORAN: So that accounts a little bit against your hardship argument. MR. VANDENBERG: At the point we recognized, though, that our only option would be at that point would be to walk away er you can't get mere than your -- ASST. TOWN ATTY. CORCORAN: Your down payment back. MR. VANDENBERG: So, yes, there was an economic decision that was made at that time to conclude the transaction, agreed. Because at that that point, knowing maybe what the read ahead was going te hold and that the only issue presumptively that we saw was the fact that this was simply a fact that there was net a deed that was filed. We did, if you want to call it, roll the dice. ASST. TOWN ATTY. CORCORAN: Under the area variance standards, lack of economic hardship is not fatal, but it's eno of the balancing factors. So you're here te try and demonstrate to the Board that this is not a detriment te the neighborhood, and that you qualify for a variance. Then I expect you would then go ask the Planning Beard te divide these two lots. MR. VANDENBERG: Yes, ultimately that's what we're faced with, yes. BOARD MEMBER DINIZIO: That's my confusion I think. Then because I read waiver of merger. I fully expected te talk about waiver of merger. We're not talking about that. We're talking about two 32,000 square foot lots that they just want variances for the 20 percent they're under, okay, the 8,000. BOARD SECY. KOWALSKI: Because it was quarter acre when they got their approval in 1969; today the size requirement is different. 78 November 17, 2005 1 2 3 5 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 BOARD MEMBER DINIZIO: Right, but they're not separate lots. BOARD SECY. KOWALSKI: Yes, they didn't follow-through for separate lots. ASST. TOWN ATTY. CORCORAN: They would still need to be divided if you agree appropriate. BOARD MEMBER DINIZIO: If we agree that these spots are consistent with the neighborhood. MR. VANDENBERG: That whole discussion, I would point out, if we ultimately are faced with, look we've got an acre and a half of land here, and ultimately we're faced with having to go back to the Planning Board, the question is, is the Planning Board going to be more inclined to say make one of them an acre and the other a half acre, instead of making them equally what they were originally intended to be. Our objective is not to make them a complicated -- I think you heard from Mr. Reddington, it's just to kind of complete what, quite frankly, what should have happened in 19 -- BOARD MEMBER DINIZIO: I read Mr. Reddington's letter, and he was stating that it was a 60 year old mistake. I was trying, and I have it now. I know what you're here for even though one reason on this is not quite that. I don't know. ASST. TOWN ATTY. CORCORPdq: The issue of the road is still relevant here. BOARD MEMBER DINIZIO: That would be a condition of any approval we would give. CHAIRWOMAN OLIVA: To apply for a 288. BOARD MEMBER DINIZIO: The road that serves these two lots must be improved to whatever we say it would be. MS. FARRIS: It doesn't just serve these two lots, it serves all the lots. BOARD SECY. KOWALSKI: It's only the 160 feet along Bittersweet that's involved. MR. VANDENBERG: I would only think that would help the community in general. BOARD MEMBER DINIZIO: That's the only thing you would be responsible for unless there's some district that these people form. That's the only thing we can control. CHAIRWOMAN OLIVA: That's the only thing we could control. BOARD MEMBER DINIZIO: If you don't have 79 November 17, 2005 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 anybody to speak to down there, like an organization who's responsible for the roads, we can't say, he's got to develop the whole - CHAIRWOMAN OLIVA: No. MR. VANDENBERG: I don't know if it's helpful, I guess I'm asking for direction whether there should be an amendment to our application to address the access issue. BOARD MEMBER GOEHRINGER: I think there should. that. BOARD MEMBER DINIZIO: I'll go along with MR. VANDENBERG: I'll leave that to the Board to tell us what to do, that certainly is appropriate. MS. FARRIS: May I just ask a question? I'd like to know that you're going to rule on the issue of variances; the Planning Board rules on on an application for a merger of the lots; am I correct? BOARD MEMBER DINIZIO: No. We're going to rule on the size of those lots, give some standards. If we choose to or not to grant a variance from that 40,000 square feet to whatever it is now, we're going to say these are lots, even though they're substandard, if we choose to grant that, we would allow that. MS. FARRIS: So the issue of the merger becomes moot? BOARD MEMBER DINIZIO: Yes. MS. FARRIS: So in effect you will be deciding the issue of the merger? ASST. TOWN ATTY. CORCORAN: Different way of dealing with the same problem. It would require two steps instead of one. It would also require Planning Board approval of the division. But this would be a very important step in that decision. There's some of the same considerations are relevant. It's a different legal standard but a lot of the same considerations are relevant. MS. FARRIS: Does the public get an opportunity to speak to the Planning Board on this? ASST. TOWN ATTY. CORCORAN: Yes. MS. FARRIS: And would we be notified by the Town that this is coming up? ASST. TOWN ATTY. CORCORAN: Yes. MS. FARRIS: How would the public find out 8O November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 about your decision on this? BOARD SECY. KOWALSKI: Call our office probably in two weeks, they'll meet on December lst; it's a public meeting, you're also welcome to sit and listen if you like. MS. FARRIS: I just want to add for your edification, I guess. I had a conversation with the executor of the estate and he was advised by the real estate agent that he should try to sell them, promote it as two separate lots. So I think you get a lot of stuff out there, and if people aren't sure, and I know Mr. Romeo, the gentleman that died was told about doing this and changing the deed, but he didn't, and that's the way it is. CHAIRWOMAN OLIVA: Thank you. BOARD SECY. KOWALSKI: Mr. VanDenBerg, you were going to give a letter saying you would accept conditions from the Board regarding right of way access, I assume, right? MR. VANDENBERG: Yes, absolutely. With regard to Bittersweet or what? BOARD SECY. KOWALSKI: To accept the Board's conditions? MR. VANDENBERG: Absolutely. BOARD SECY. KOWALSKI: Or you would have no objection? MR. VANDENBERG: No objection. CHAIRWOMAN OLIVA: Any other questions? MS. MOORE: I actually represent Mr. Ryan, who is the property 1.3 acres, it's 7.4. Just to give a little bit -- my client does not oppose this application, in fact, he as well as Mr. Reddington and Mr. Gerasi who is here, all of us got tangled up in what became a family dispute. The Romeo family and the estate and everybody in fighting was the reason why it took so long. Then each of these property owners that were in contract ended up all having to bring actions of specific performance because the family couldn't get off the dime making a decision on the sale. So everybody was faced with the same situation. And we've all been working cooperatively to try to get through this process that has been one nightmare to another. One thing I would ask, and it might be helpful for this Board to have, and we can get from Stanley Isaacson, while this subdivision was approved in 1969 it was in fact being approved, 81 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 2O 21 22 23 25 kind of the way zoning gets approved now, which is, gee, we'd really move this along quickly if you give us what zoning would like to have. So even in '69, they were developing this almost, if not entirely as a one acre zoning yield, and it's very close in calculations because at the time roads were included, everything from end to end the acreage is included. Our lot, Ryan's lot is 1.3 acres, Farris' property, which also came out of the same subdivision, 1.4 acres. The road that is now commonly owned by Gerasi, Reddington and Ryan is 230 by 30, so there's a lot of acreage, square footage. Ail in all you're going to find that the yield of this land is as close as you're going to get to a one acre yield. I think it's so close that I think you would be well served to those numbers from Stanley, who has been doing the mapping. We have been working very hard because even in '69 it was pre having to go through Health Department processes. As you know, all of you probably have seen or faced that subdivisions approved prior to '81, minor subdivisions did not have to go to the Health Department. The Health Department retroactively in the '90s interpreted that minors did have to go for Health Department approval. So we actually all got together, did one map, filed a subdivision map with the Health Department with individual lots, ultimately just recently because of this delay, again, we have all been very cooperative. We said, we'll let him go with respect to the water connections because now through the process everybody is going to be connected to public water. Some of these homes on Bittersweet have actually benefited from this process from the subdivision because my client and they have paid for the extension of the water line. The Farris property is also going to be benefiting from the connection to the water. And we have actually voluntarily offered and nobody has said they won't consider to offer to give the Farris family a right of way over our private, that private road, which is they have a right of access, but there is no right of utilities. We have actually voluntarily given Mr. and Mrs. Farris the right to extend that water line up that right of way. Again, everybody has been very cooperative here, very well-meaning, and the fact that a subdivision gets jammed up because of 82 November 17, 2005 1 2 3 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 family relationships and one misstep after another, I think that should be in your record. Because again, I think if you're dealing with this as area variances, these properties far exceed in size, and these properties are essentially one development scheme, far exceed in size the surrounding neighborhood, which are all in the half acre to less than half acre in size. We are supportive of Mr. Reddington. We have been all through this, and we hope you'll be supportive of him. Thank you. CHAIRWOMAN OLIVA: Yes, sir. MR. GERASI: My name is Steve Gerasi. I'm one of the property owners. I own lot 7.3, it's a one acre parcel, so I don't have any issues with that. When I first looked at the properties in 1998 or 1997, whatever it was, what brought me there was the whole area. I mean, I had owned property in Cutchogue previously years ago that I had intended to build on, but things didn't work out. I had to sell that piece of property. I revisited the area and I found this, and it was just what I was looking for: Private gravel road, a flat, rectangular, one acre piece of property, and I said this is perfect. When I went to the real estate broker and they showed me the map, the map showed four parcels. The parcel that I chose, the one adjacent and two across from it. I was perfectly comfortable with the fact that there were two three-quarter acre parcels, and I still am to this day. Anything else would be somewhat hypocritical. Yes, I can understand some of the opinions of the property owners that live there now. Given a choice, I think of course they would rather only have one house than two, one house on an acre and a half as opposed to two houses on three-quarter acre parcels. I don't have a problem with that because at the time I looked at it that was the way it was represented then, that's what they're asking for now, and I'm consistently sticking with that, that I don't have a problem with there being two three quarter acre parcels, and they're right across the gravel road from my piece of property. Now, I have taken a very active role in these past eight years in helping bring this situation along to the point where we actually own 83 November 17, 2005 84 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 2% 25 these pieces of property. I was the person that got involved in the Suffolk County Water Authority and the Health Department to help bring the water in, and the water main extension goes directly past my piece of property, which is 7.3, it's the first piece of property on the south side of Bittersweet into the minor subdivision. You've heard from everybody else here some of the problems that we have experienced over the last eight years, all the hurdles that we had to go over and some that we're still working on. As far as the road quality, as I said earlier, one of the things that brought me there was the gravel road and the way it's very natural and bucolic; I think that's the way I would prefer it stay. Now, on the north side of Bittersweet, there are three houses there. How did those houses get there? They were built there. There was construction equipment brought in, and they built those three houses and if you could bring in construction equipment, I'm sure there's not a problem bringing in any fire equipment or any safety vehicles that may have to come in there. Also too, my plan for my home takes into account that Bittersweet Lane is not a road that you can park on. I am going to have a driveway apron that will allow cars to park in there. There will be no cars parked on the road, and I'm actually going to have a driveway that for lack of a better term, it's not going to be a circular driveway but a cut out onto my property so you can be able to turn around and come back out. So no cars will ever be parked on Bittersweet Lane because it's a narrow gravel road. It only makes sense. I can't imagine anybody building on those other two lots a little bit further west of me doing anything other than having parking in a driveway. Ail the houses on the north side of Bittersweet do the same thing. I believe there's only one home, it's on the corner of Pine Tree and Bittersweet, the Scoggins, use Bittersweet Lane and its apron, for lack of a better term, on the south side to park cars on, and even that doesn't create a problem. Those are the points that I wanted to make here this afternoon after listening to everybody else's perspective on the situation. Thank you very much. CHAIRWOMAN OLIVA: Thank you. Any other November 17, 2005 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 questions? BOARD MEMBER GOEHRINGER: No. CHAIRWOMAN OLIVA: If not, I'll make a motion to close the hearing and reserve decision until later. (See minutes for resolution.) (Whereupon, a brief recess was taken.) CHAIRWOMAN OLIVA: Our next hearing would be for Mr. and Mrs. Ingrilli for an accessory building, side yards and also the use in the accessory building. MS. MOORE: Pat Moore, for Mr. and Mrs. Ingrilli. I have Mr. Ingrilli here today and I have Mark Schwartz, who is the design professional, the architect. We were just talking moments ago, the notice of disapproval you should have is the amended one, May 12, 2005. BOARD MEMBER ORLANDO: We have October 24th, even newer. MS. MOORE: I don't think I have that. BOARD SECY. KOWALSKI: I think Mr. Schwartz may have obtained it. MS. MOORE: The only variance that I'm aware of is for the garage. CHAIRWOMAN OLIVA: No. Then for the workshop of the garage. MS. MOORE: Yes. The Building Department said because you want to put the space above the garage slots, the workshop, they call it a dwelling just in case; then it's up to us to prove to you that, no, we are not doing the dwelling. CHAIRWOMAN OLIVA: No, right in here a workshop is not a permitted use in an accessory building. MS. MOORE: I don't have that one. BOARD MEMBER SIMON: Second paragraph from the bottom, that's the May 12th one. BOARD SECY. KOWALSKI: And I think the addition to the house was taken out of it. You have permits for the additions. MS. MOORE: The house is actually under construction. CHAIRWOMAN OLIVA: We know that. MS. MOORE: Maybe we need to describe better what it is. We call it a hobby shop because it's his own personal space, and we can get right into it if you want. 85 November 17, 2005 1 2 3 7 8 9 10 11 12 13 15 16 17 18 19 2O 21 22 23 2~ 25 I had given you a floor plan of the garage, which is the only variance, that particular structure. And the garage, if you saw that the design of the house, that garage leeks like a bunker. I'm not insulting the owner here by saying it's very unsightly. The neighborhood has asked him te de something about it because it's unsightly. That garage is being redesigned and it's designed in conformity with the architectural style of the house. The garage, first fleer, is for his vehicle usage, and Mr. Ingrilli can describe better what he does, but he's a very creative individual, and he has some vintage cars that he's actually restored. CHAIRWOMAN OLIVA: We saw that. MS. MOORE: I have the pictures ef his cars. And the garage is climate controlled. It's all intended for preservation of his antiques. The second floor ef the hobby shop er the garage is again, for his own little tinkering. He does decoys. And why don't you describe what you do. MR. INGRILLI: Hi, John Ingrilli. I mess around with things. I don't de it professionally. I work for a bank. I have old vehicles from a 1952 Good Humor truck, 1953 vintage pick-up truck, it won a Concourse award. I use it a little bit more regularly new rather than just have it shown. The garage is climate controlled for these reasons. I mess around with older stuff that are antiques, whether they're gumball machines er antique slot machines or from time to time some woodwork. I do some hunting as well, se I started to collect some older decoys. I do work on restoration on older decoys I find. I try te make some from time to time myself, I'm terrible er I'm told. But that's the kind ef things that I would de in the garage I will use it, the second floor also for storage as when I am doing or working with someone. I don't de any major restorations. I'm not a mechanic. I work with eno or two people offsite, but I will collect things from time to time that I de need for a restoration. Se I might have some supplies or an old mirror that I need for the car and things like that, which I won't keep with the actual vintage vehicles. I plan on keeping that stuff upstairs, but that would be almost exclusively, if I can the use ef the 86 November 17, 2005 87 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 garage. CHAIRWOMAN OLIVA: Do you restore the old vehicles? MR. INGRILLI: Only mostly interior stuff. There's no mechanical stuff that's done at all, most of that's done at Gaslight Garage. I'd love to be able to do some of that stuff myself, but I'm not qualified to do it. MS. MOORE: Just for the record, I want him to say it so you have it on the record, there's no kitchen upstairs, right? MR INGRILLI: No. MOORE: There's no sleeping quarters MS upstairs? MR quarters. INGRILLI: There's no sleeping There is a powder room, a bathroom, which is on the second floor. There is no planned living quarters at all. The house is more than ample in terms of number of bedrooms for my wife and I and the children. So there's no reason for additional living space. BOARD MEMBER SIMON: How will it be heated? MR. SCHWARTZ: I don't think that's designed yet. MR. INGRILLI: It might be radiant heat in the floor downstairs. The only thing I did talk to them about -- Eugene Berger is the builder. I don't know how they will heat it. I'm indifferent I guess they'll heat it the same way they heat the house. What I did need really tell them I care more about the humidification more than anything else. So it will have a dehumidifier for the vehicles, and I guess to the extent they can do that in the heating system or whatever, there's a combination, I would prefer that. BOARD MEMBER SIMON: But the house would have a basement, right? MR. INGRILLI: Yes. BOARD MEMBER SIMON: The heating system in the house would be in the basement, but the garage isn't going to have a basement? MS. MOORE: No, it's usually either propane or electric heat. MR. INGRILLI: Propane or electric heat to it. MS. MOORE: Natural gas down in Nassau Point? November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 25 garage demo. MR. INGRILLI: No, no natural gas. I know the old house used to have electric heat. I know that they plan on using - I think in the plan they have oil fired system for the house. I'll guess, because there will be propane for the stoves and things, probably propane or electric for the garage. CHAIRWOMAN OLIVA: Pat, did you say the is going to be redesigned? BOARD MEMBER ORLANDO: It's going to be a CHAIRWOMAN OLIVA: Oh, it's going to be just what we have here? MS. MOORE: Yes, exactly. With respect to its setback, again, if you have seen the property, you've seen that this is somewhat of a peninsula in a sense. You have Nassau Point Road, which is actually at a low level, then you go up to the property, which is at a constant level, then there is Smith Road, which is about six feet higher. So the garage, the house you don't really see anything. Smith Road only gives access to two or three houses at the very end point, and they're at a different level. This area of Nassau Point is quite interesting in that it has very different topography. So this piece of property has no direct neighbor next to it. You can't see it from any road and you can't see it from other properties. So it's very isolated. I have, which, I don't know that you have in your file, I have a topographic survey. So it can show you the different topography of Smith Road and Nassau Point Road and you can see the significant difference and how this piece is visually isolated from all the other properties. I have Mark here, I don't want to take up more of your time, but if you have any particular questions, we'll try to address them. BOARD MEMBER GOEHRINGER: Why does the building have to be so high? MS. MOORE: Mark, you can answer that. Keep in mind accessory structures can be up to 18 feet. BOARD MEMBER GOEHRINGER: This is showing 23 to the ridge. MR. SCHWARTZ: The mean height is under 18. CHAIRWOMA/~ OLIVA: 17'10". 88 November 17, 2005 8~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 BOARD MEMBER GOEHRINGER: We always want 18 and 4, which is 22, that's the reason I think they addressed it. If it was 22, I don't think they wouldn't have given -- MR. SCHWARTZ: I didn't think the height was the issue at all. I thought it was mainly because of the road. BOARD MEMBER GOEHRINGER: It says the proposed building is noted at 23.3 feet. MS. MOORE: From the road. BOARD MEMBER DINIZIO: No, road. BOARD MEMBER GOEHRINGER: I'm sorry, I apologize, you're absolutely, correct. I was taking it the same way. And the difference in size is what from the one that exists? BOARD SECY. KOWALSKI: It's on the survey. MS. MOORE: The existing garage is 16'3" by 22'3". It's one bay, cement block -- one and a half bay, square box. BOARD MEMBER GOEHRINGER: New one is 26 by MS. MOORE: Right, it's a three car garage. BOARD MEMBER GOEHRINGER: Do we have any idea, Mrs. Moore, why they sought to deny you on the basis of a ~orkshop? MS. MOORE: No. We could have called it anything. I think maybe you approached them first, and said, well, that's what he does. If you're a tinkerer, how do you describe tinkering? BOARD MEMBER SIMON: I notice that the code mentions a play house as a permitted use. ASST. TOWN ATTY. CORCORAN: Any workshop isn't listed. There's also a catch-all phrase that says that any use customary incidental to the main use. MS. MOORE: I've actually used that term before, and it's never been an issue of the use. I think their concern is the fact that any time you have space above a garage, they want to make sure that there's no possible conversion to dwelling, sleeping quarters. That's why at least Damon conservatively says go to the Zoning Board so they impose that condition on you. We said, well, we don't want to do that but we're here anyway with regard to setbacks, so it wasn't an impediment to the process. November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 BOARD MEMBER GOEHRINGER: I have a good suggestion then, why don't we change it to hobby, not for commercial purposes. MS. MOORE: Ail right. BOARD MEMBER GOEHRINGER: Let's do that from now on. Hobby/storage area, not for commercial purposes. Ail future stuff let's call it that. You can mirror this application. BOARD SECY. KOWALSKI: It wasn't only the commercial aspect, it was also residential because they didn't want it to be a dwelling. MS. MOORE: I actually in my applications generally say it's not a dwelling, nonhabitable. BOARD MEMBER GOEHRINGER: Say it's not habitable at the same time. BOARD MEMBER DINIZIO: I think it had a lot to do with this guy wants a climate control on accessory. MS. MOORE: Yeah, they probably thought he was in the business of restoring cars in his garage. BOARD MEMBER DINIZIO: We should probably restrict it to noncommercial. CHAIRWOMAN OLIVA: Any other questions? BOARD MEMBER SIMON: Yes. Reason you're before us is because the setback is being reduced to 23 feet; is there any way of locating the garage without having to do that? I mean, the existing garage is 31 feet, so it is expanding in the direction of the boundary. MS. MOORE: Yes, but keep in mind that when you have a waterfront piece of property, you've got the slopes. So really your buildable area is really smaller and more condensed. The house where it's presently located, the bank is very close and right now it's being renovated you can see. So that right along Great Peconic Bay, that whole slope there is not to be touched. BOARD MEMBER SIMON: I'm looking at the topo map, and I'm looking at the place where the garage is, not the steep embankment on the other side. MS. MOORE: I'm giving you the reasons why, to push the garage closer to the house means that you're going to be shortening the space of cars in circulation for any of his cars and his kids, it's shrinking everything, putting everything closer to the existing house. Remember 90 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that this property, where Smith Road, that setback there, you have the elevation, and please, I'd ask you to go look again, because it's a tiered rear yard, you have the Smith Drive all the way with vegetation, then it comes to a landscaped wall, two tiers of stone walls. So while the distance is short, I guess linearly, from Smith Road, it's actually on a bank so it is completely blocked from view. So the distance, you could actually push it closer to Smith Road, you could push it as close as the retaining walls would allow. It has no impact there. Usually you worry about setbacks because of cars going by and blocking visibility. Here you have a garage that is how many feet down from the Smith Road? SCHWARTZ: It's at least eight to 12 MR. feet. MS. down here, you've got MR. driveway. MS. MR. MOORE: So you've got the structure and you've got the road up here, and tiered landscape walls. SCHWARTZ: Smith Read is really a It's called a road but -- MOORE: It's a dirt path. SCHWARTZ: And the accessory building only requires a 10 foot setback in this property except for the fact that we have this right of way called Smith Road that really requires I think a 40, 50 feet setback. BOARD MEMBER SIMON: What I'm wondering is I still haven't gotten an answer to why it couldn't be say six feet further to the southeast? I don't know if it's southeast, but it's te the lower right of this map. It would be the southwest. I'm going to be writing this up, I'll go and take another look at it. When I was there someone was backing out, when I was driving in. MS. MOORE: I had the same problem. There were electrician vehicles in my way. Mr. Simon, maybe this can help you a little bit. This is the proposed garage, and this is the driveway. Just also be careful because the sanitary system, that's fixed in its location. BOARD MEMBER DINIZIO: And plus there's already something there, something already exists in that location. MS. MOORE. We have the stone walls, we have the sanitary and we have the existing house. We have not too much room to work with as far as 91 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 25 placement of this garage without putting it in the way of things. Any other questions? CHAIRWOMAN OLIVA: Any other questions? BOARD MEMBER ORLANDO: I have a quick comment. I can appreciate Mr. Ingrilli's request for a nice heated garage since Miss Moore's probably aware that I restored a 1932 Ford. Unfortunately I don't have a nice garage for myself, I share it with my wife, but she knows to stay away from it. So I can appreciate that. Just for the record, I just want to say we did get a letter from Alison Byers, a neighbor, opposed to this application, 10335 Nassau Point Road. For the record, we did receive it. I just wanted to put that out there. MS. MOORE: Okay, I don't believe she even sees this property. BOARD MEMBER ORLANDO: Okay, I just wanted to put that out. So we are okay, with just putting as a condition a half bath upstairs, nonhabitable. MS. MOORE: That's fine. BOARD MEMBER GOEHRINGER: We're going to put in that aspect of nonhabitable/noncommercial, hobby. MS. MOORE: As you're writing this, we would ask respectfully, and we know you go as quickly as you can, but right now because we are under construction with the house, it would be very helpful to Mr. Ingrilli if he got the decision in some quicker fashion. CHAIRWOMAN OLIVA: Two weeks we have our meeting and as soon as we can get to it after that. MS. MOORE: Anything you can do to help them out so we can demolish and start construction on the house before the weather really changes. CHAIRWOMAN OLIVA: Is there anyone else in the audience that wishes to speak on this application? If not, I'll make a motion to close the hearing and reserve decision until later. (See minutes for resolution.) (Whereupon, deliberations on Raynor permit application ~5711 were held. See minutes for resolution.) CHAIRWOMAN OLIVA: Our next hearing is RQA 92 November 17, 2005 93 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Properties. MS. WICKHAM: Good afternoon, Abigail Wickham for the applicant, RQA Properties. I'd like to thank you for having the hearing at the end of the day, I know it's been a long day for you and we will try to cover what is an awful lot of material as expeditiously as possible. As you know, this is a variance request to add an additional building, which is really an accessory to his main usage, it's not going to house a separate business. It's not an expansion, it's basically to restore an area that has been, in essence, confiscated by requirements that he has to comply with for insurance and EPA purposes. We are here under code Section 100-241, as a nonconforming use. I think, and I had discussions with the Building Department, that the Board could treat this if they wished and the Building Department had no objection, as a 100-242, nonconforming use and building, which would allow up to a 30 percent expansion, and we do exceed that. So we would be seeking a variance from that as well. If you consider that as an area variance, I think our proof is certainly going to address those issues. However, we are addressing this as a use variance application, and providing the proof that we think you need to sustain the decision on no reasonable return and the other criteria in the code. I put together a package, there are seven copies of handouts that I wanted to make to you during the presentation. I thought that rather than running them up every time I mentioned, I'd just give them to you as a package. And I'm sure you are going to be spending some time on this decision, you can look at them later, so you can listen to what I'm saying now. As I said, I've done very few use variances during the course of my career, because they are difficult to obtain. They shouldn't be granted frequently, but I have to say that if ever there was one, I think this is appropriate for it. I want to review for you the property history, the business of Rich's, the financial and economic issues and the other approvals that we are seeking in connection with this need of his to expand the building area. November 17, 2005 94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 YOU have before you a property history sheet that goes through the different items that have happened on this property over the years. I just want to highlight that this was originally before zoning an automotive usage, that it was zoned business when zoning came in, and Ed Fox was there with the Esso station, that it has a multiple use history, that it was rezoned in 1989 to residential R40 when the automotive operations were in full bloom. It wasn't any cessation of that business and Rich came into the property as a tenant around that time. Was it '87? MR. BOSINIAK: '87. MS. WICKHAM: '87 just before then. So when he started it was zoned for business use, and it was changed later than that, I don't know if he was aware of that because he was busy taking care of his business. In any event, in 2004 the property became available. Mr. Aliano put it on the market. He really had no choice but to buy it. He paid 550 for it, which was the price able to obtain it for. What happened then was he had since the '80s been operating as a tenant. He had garageman's insurance. He had all his permits that he was required in order to conduct the business. When he became an owner, his insurance company advised him that now that he was getting ownership insurance, he could no longer continue under the tenant policy that he had, that he had to comply with EPA and insurance standards. And they came down on him very heavily. They basically gave him a few months to put in an environmentally sound spray booth or they were going to shut him down, and he can't stay in business if he doesn't have insurance. In your package is the letter he received from the insurance company that essentially has notified him that his insurance as of now will be canceled in December if he doesn't comply. And it lists on the back the reasons and the first one is the spray booth, so that is the essence, that is the guts of his hardship today, and his need for a use variance. The 1950s survey that's in the file shows that there was a gas station where the real estate office was located and what was artfully called the "lubritorium" in the garage building. I hadn't heard that term recently, but that gives November 17, 2005 95 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 you - BOARD MEMBER ORLANDO: So you've heard it before? MS. WICKHAM: I think I've heard it. But in the context of Van Tuyl's survey, this shows that there has been that type of usage in the building for a long time. In 1974, Tad Auto Sales came in and got a special exception from this Board to have in addition to the uses that were already there 15 used car sales slots. That condition did require minor repairs only. Rich is going to talk about the extent of auto repairs that he does when he speaks, but I believe that that decision was geared towards the auto sales business itself because it appears that there was already an existing glazier in the building who did auto repair, auto glass and metal fabrication, and there is a letter in your file to that effect. CHAIRWOMAN OLIVA: May I interrupt you, it also says that no further business may be established on these premises other than existing one of the glazier and the used car business of the applicant, and that condition runs with the land. MS. WICKHAM: Yes. But there already was a real estate office there, so for some reason that was not included in the decision, and I think it's clear that it should be. CHAIRWOMAN OLIVA: Should or not should, that's what it says. MS. WICKHAM: I think that's a mistake. Because there was clearly a real estate office in there, and I think that the decision, I can only presume, was geared towards that section of the property. In addition, the glazier who was there and allowed to continue, was doing very similar types of things to what is currently being conducted and has been conducted since 1974, that's a long period of time. And nobody's complained about that in the interim. So yes, we are here to ask you as part of your decision to clarify that in light of what it is he's conducting now. As I said, in 2004 he bought the business and he has encountered the problem. By virtue of having to put in the spray booth that goes in the front of the existing garage building, that is a metal structure, a self-contained unit, that occupies the two to November 17, 2005 9~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 three bays that have been in the front of this building since whenever Mr. Fox started his business. The spray booth has significant environmental protections, and the cost is somewhere between $70,000 and $80,000 to install, so it's not an insignificant amount of money. He applied this summer when he learned about this problem for construction of a building in the rear, 18 feet high, 36 by 48, in which to put the operation of his business that is going to be basically evicted by the installation of this spray booth. And it will also help him deal with the fact that he is doing some of the work in the front of the building where it doesn't belong and he doesn't want to continue it. So as I say, the building is not to expand his business, it's to contain pretty much what he's got now, and make it more productive, more efficient. And as you'll see in the economic analysis, essential for him to continue. The spray booth is a dry use. What it does, and Rich will explain this a little more, it does blow the air, as the air is sprayed, the paint is sprayed, it blows the air down into the floor, filters it, so that before it goes back up through the roof out the exhaust, it goes through a series of filters and keeps it environmentally contained. Now, I'm going to let Rich talk about the spray booth and those types of things, but I want to get to the heart of the no reasonable return issues. I have in the packet an appraisal, which I would like to review briefly, but I did have it there for you to study in more detail. Andy would have been here today but his daughter had an auto problem and that came first. BOARD MEMBER GOEHRINGER: Miss Wickham, before you start that, while you're saying that, I just want to reflect upon the problem that Rich has with the insurance company. Just give me that again, so I can reflect upon that. MS. WICKHAM: He rented it for 15 years, and he had garageman's liability insurance. He didn't have to insure the building. He bought it otherwise he was out of business, and when he changed from his tenant's insurance to his owner's insurance, the insurance company in order to issue that owner's policy, required him to install a November 17, 2005 97 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 spray booth as well as the other items that you see. I can get you a mere legible copy if you can't read it, but basically it says clean up the parking area, de some other things, most ef which he's done already. The spray booth, as you probably know, it's a very large structure that goes in the building and that takes up the space, and it has to be enclosed, but it was the differential in the type of insurance he had to get, he had to come up to standards. BOARD HEMBER GOEHRINGER: In inquiring about that, de we assume that that's for fire purposes er was it for any ether standard other than that? HS. WICKHAM: It's for fire, it's for primarily for emissions purposes. You have a sheet in the material that talks about how this spray booth works, and it has also has some specifications en it. It indicates that the emissions are about 99 percent covered whereas right now it's going right up the chimney and right in the air. There are OSHA requirements for employees that were also part of the insurance requirement. The VOC rating on this booth, Volatile Organic Compounds, the emissions are between 2.8 and 3.5 parts per million. It's an credible decrease in the amount ef emissions. Net only that but the air draws it down and converts it to a metal, a solid compound, all those compounds, which are then disposed of properly as opposed to going up in the air. BOARD HEHBER GOEHRINGER: The last thing is a portion ef the building he's operating in now is a wooden building; is that correct? MR. EOSINIAK: No. It's concrete, cinder block. BOARD HEMBER GOEHRINGER: But the roof is wood? MR. BOSINIAK: Right. MS. WICKHAM: The building he's proposing is metal. It's like a Morton building, low - BOARD MEMBER GOEHRINGER: And fire retardant? MS. WICKHAM: Yes. BOARD MEMBER ORLANDO: So are we going to demo this building and start over? MS. WICKHAM: No. We are adding. If you look at the site plan I have an A and I have a B. November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The first page shows the front building, with what is essentially five bays, two in the front and although he doesn't have a door in the front, he has two doors in the front, but three bays that he can use. Then in the back, two bays, that's in that first building. The first page of the site, it says existing, and it says up in the top what we've got. And you've got, it says operation, one story concrete block building, that's what that is. That is going to be reduced to a spray booth and two bays in the back. BOARD MEMBER ORLANDO: So he's doing an alteration of the existing booths to create a spray booth? MS. WICKHAM: He's using the area where the two or three bays are three bays I have there in front are basically not going to be used because that's where the spray booth goes. I'll show you a picture of it. BOARD MEMBER ORLANDO: That's going in one of the bays? MS. WICKHAM: That's going -- turn to the next page -- right here, he's blocking off these two bays, these two doors, and he's just using this door now. And that spray booth, that big metal thing, and this is what it looks like. That's right inside the building, and those two bays facing the road will not open any more. BOARD MEMBER ORLANDO: You threw me when you said Morton building and then you went to this. MS. WICKHAM: The Morton building is in the back and that is just to replace the bays that are used up by the spray booth. Those bays in the Morton building in the back will be bigger because he wants to be able to accommodate trucks in there, now he's jamming the trucks in. He does a lot of ambulances and fire trucks. BOARD MEMBER ORLANDO: So there's no more buff-outs or wet sanding out in the front new? MS. WICKHA~: Ail that stuff that happens in the front, it's very busy, it's very distracting, these people won't have any access in the front because the overhead deers. BOARD SECY. KOWALSKI: Where is the spraying new en the current plan? MR. BOSINIAK: There's a room in the back that I use as a spray room. When I get my license 98 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 years ago it wasn't required. ASST. TOWN ATTY. CORCORAN: Gail, before you go down the road of economic hardship, do you have a point of view as to when 100-243 applies as opposed to 2417 And I hate necessarily to ask you a question that I'm not certain of the answer of myself. MS. WICKHAM: Well, then I won't feel bad if I don't know. ASST. TOWN ATTY. CORCORAN: My point is 241 suggests that you can't enlarge a nonconforming use and 243 seems to suggest that you can up to 30 percent under certain circumstances, and it's not immediately clear to me which one governs. MS. WICKHAM: Let me tell you, when we copied that, apparently they didn't put it back in the right place, I don't even have it here, but if I remember correctly, is that the one that is entitled nonconforming uses and buildings? ASST. TOWN ATTY. CORCORAN: Exactly, nonconforming buildings with nonconforming uses. MS. WICKHAM: This is a nonconforming building. ASST. TO,lq ATTY. CORCORAN: In what respect? MS. WICKH~kM: It's too close to the front. ASST. TOWN ATTY. CORCORAN: Okay. I don't know why the code should be more liberal if you have a nonconforming building as opposed to a conforming building, but in any event it seems to be the right section. It seems that under certain conditions that the Planning Board could impose that you should be allowed up to 30 percent, right? MS. WICKHAM: That's what I think. I said 100-242 I meant 243. ASST. TOWN ATTY. CORCORAN: I heard 243, that's why I just looked it up. It's nonconforming buildings with nonconforming uses, which this is, right? MS. WICKHAM: Right. CHAIRWOMA/q OLIVA: Isn't that allowed to expand under certain circumstances by 30 percent? ASST. TOWN ATTY. CORCORAN: You're asking for more than 30 percent, correct? MS. WICKHAM: That won't accommodate the amount of space that he needs to replace this. 99 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Just so you know, the building is already ordered. He went into the Town when the first thing first came up, and he, for some reason, and I'm not saying it's anybody's fault, and he understood that he should go ahead and order that building. He didn't have the choice anyway with the insurance company, so we don't have the flexibility of changing the size of that building. We are really asking you instead of 30 percent to go to about 70 percent. But he's not expanding the business; he's just adding a building to contain what he had because insurance and emissions, environmental regulations have required him to do that. CHAIRWOMAN OLIVA: Is there a CO for the tent that he has out there? MS. WICKHAM: That's coming down. BOARD SECY. KOWALSKI: Can we mark on the plans that it's going to be removed? BOARD MEMBER SIMON: On the project description as part of the file, under Item 2 it says purpose of new construction requested, I'm quoting from what you wrote, the question is to expand the existing facility; could you clarify that? MS. WICKHAM: We're expanding the square footage of the facility in order to accommodate the use that had been employed in the old building. We're not expanding the business; we're expanding the facility. BOARD MEMBER SIMON: If the Board approves this, it would be acceptable condition if it said there will not be room to service more cars that now can be serviced, right? MS. WICKH~LM: Yes. He doesn't really service cars, but we can work on that, but, yes, he will not work on more cars. BOARD MEMBER SIMON: Will not increase the number of cars that can be worked on at any one time? MR. SENENPELDER: What he's done where the paint booth comes in the front because of the standards he's actually lost that whole front building. Basically just replacing of the existing space. ASST. TOWN ATTY. CORCORAN: The point I was discussing from the Board's point of view with Gail is if you go under 243 as opposed to 241, 100 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 what you're talking about is an area variance not a use variance. You're talking about allowing more than a 30 percent expansion, and one of the issues is whether this is something that was beyond the applicant's control, whether it was self-created or not. And I think the financial hardship issues are still relevant, but they are less of a requirement; it's more how did we get here, which is the story you've been telling. MS. WICKHAM: I'm giving you everything, and you can decide how you want to handle it. BOARD MEMBER GOEHRINGER: How do you determine the 70 percent? Based upon the size of the new building? MS. WICKHAM: Based on what's there and what is going to be there, yes, square footage of building space. If you look at the area that he's using outside, he's using an area out front that's going, and he uses an area out back that's outside, then it's much, much less than that. I didn't compute that because I didn't know if you would want me to, but I could. BOARD MEMBER GOEHRINGER: But we need to compute that aspect of it because he's taking out those three bays to put the spray booth in, but at the same time, he's building a building to replace that. I think the 70 percent sounds extraordinary. MS. WICKHAM: It is extraordinary. And I use that number because I think that section of the code and, Kieran, you have it in front of you, is on a square footage basis. They talk about expanding the buildings. That's why I use that analyses. But if you talk about expansion of the use . ASST. TOWN ATTY. CORCORAN: It's the same use, just using it's a greater area. MS. WICKHAM: But that code does, if you read it carefully, does talk about expands being buildings. ASST. TOWN ATTY. CORCORAN: It's what the increase of the footprint is. BOARD SECY. KOWALSKI: We were talking about that earlier, and you were going to get some numbers to us on the breakdown on that. That was where we left it. Remember when we weren't sure whether or not to advertise it for that? MS. WICKHAM: Yes. 101 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 BOARD SECY. KOWALSKI: At least if we had a breakdown of the percentage. MS. WICKHAM: I can get that to you this afternoon. BOARD SECY. KOWALSKI: Thank you. MS. WICKHAM: If you close the record today and hold it for that. ASST. TOWN ATTY. CORCORAN: How do you do on lot coverage? MS. WICKHAM: We're okay on lot coverage. We are lot coverage of actually 10.9 and it's a residential zoned, so we're only 20 percent. Anything else on those issues? BOARD MEMBER GOEHRINGER: You can see how important it was for me to at least trigger that question before you go into the rest of it. MS. WICKHAM: Thank you. BOARD MEMBER ORLANDO: I just want to make a quick statement, and you can respond. So your client has been doing auto body/lubritorium work there for almost 20 years? MS. WICKHAM: Yes, since 1987. BOARD MEMBER ORLANDO: And if your client didn't buy this piece of property and was still renting, you wouldn't be before us today, he'd still be doing another 20 years of auto body/lubritorium work? MS. WICKHAM: Yes. BOARD MEMBER ORLANDO: I just wanted to say that. MS. WICKHAM: Are you ready for Andrew Stype? That's in your packet. BOARD MEMBER ORLANDO: The old real estate building, what is that going to become? MS. WICKHAM: That's still there, it's rented to another broker. The expenses that we have run through, and I'm going to give you them in a different format as well, are extraordinary, and have increased significantly since he bought the property because tie had to get a mortgage, his utility costs will go up with the spray booth somewhat. It will be a more efficient operation, but it will cost him more. He had to get a loan to get the spray booth, so that cost is higher. His insurance has basically at least doubled because now his liability has to be coupled with the property insurance. The real estate taxes here we show at 102 November 17, 2005 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 $6,000, they will also increase significantly once the building goes up. Andy then went into an income analysis, the office building at $25 a square foot rental and the garage space at $12 a square foot rental, those were based on comparable rentals in the vicinity. The real estate office, there are several, the garage space he likened to what is being charged by the buildings up on Cox Lane, which are renting out at about $12 a foot. He then took in a 10 percent vacancy credit factor and came up with what you could attribute an expected return to the property of a little over $22,000. When you analyze that against the expenses, it is a negative return. ASST. TOWN ATTY. CORCORAN: When you look at the garage return, is that based on the assumption that the property can't be used to run the business and it would just be used as a space rental? Because it doesn't show any income on the business. MS. WICKHAM: It's showing as a rental, a return, he equated it to a rental for the garage space as opposed to ownership usage. I'm going to give you figures on his business usage shortly, that will dovetail with that, and show you that's not any better. 9he second scenario I'm just going to touch on briefly, but that may come up at some point because in terms of improving a nonconforming premises, you do have a 50 percent rule, and Andy did a quick analysis for me to show that this new improvement - and he actually valued it at 100,000, that was originally what we thought it was going to cost 80, that would not exceed the 50 percent. BOARD MEMBER SIMON: What is the 50 percent rule? MS. WICKHAM: You increase, improved a nonconforming building, it more pertains to fire than anything else, but I just wanted him to throw that in there. Third scenario, what he did here was, he said, okay, if we convert this to a residential use what are we looking at, and we're looking at a big negative here because obviously it would cost a tremendous amount of money to change the site to a residential vacant lot. He could sell it as a vacant lot, and he's anticipating a $250,000 103 November 17, 2005 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 value, which last year we would have blinked our eyes, but today is certainly feasible, incredible but it's feasible, but even at 250, he still would be looking at a tremendous loss. ASST. TOWN ATTY. CORCORAN: Gail, just to cover our bases here, when you show there's no reasonable return, you have to show that there's no reasonable return for any of the permitted uses in the zone. MS. WICKHAM: I'm going to bore you with that too. ASST. TOWN ATTY. CORCORAN: I don't want to be bored by it; I just want to wrap it up. Can we assume that the residential use is probably the highest value use, and if there's a huge loss there, then there's more than likely to be a huge loss on any of the other permitted uses? MS. WICKHAM: Yes. I was going to do that after the income, but I'll do that right now. In an R40 zone, one-family, agricultural operations, and the size of the property does not accommodate that; we have municipal-type uses, fire districts, the size of the building would not accommodate that, and I don't think it would be appropriate; wineries, obviously it wouldn't comply because it's not 10 acres. And special exception uses in that area, two-family dwellings, we don't have the acreage, places of worship it's not big enough, schools it's not big enough, philanthropic eleemosynary, et cetera, it's not big enough, and the utility rights of way; now wireless communication, he could probably make a bundle but I think the neighbors would have a problem, so I'm going to assume that that is not a feasible use for this property, beach clubs, tennis clubs or children's recreation camps, I'm just running through the list of permitted uses in the code, veterinary offices, cemeteries, stables, those are not uses that would be accommodated on a one acre piece of property. So I don't think you could generate a reasonable return and I think therefore the single-family dwelling is the highest and best use. And I think the other point that if this appraisal doesn't say, but you can use the numbers, that if this business were to continue just as it were without expansion, that's going to be my next point. Did I interrupt you? BOARD MEMBER ORLANDO: I was going to make 104 November 17, 2005 105 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a quick statement, did you consider or think about going to the Town Board about rezoning it? MS. WICKHAM: Yes. I'm going to get to that. In terms of what if he leaves it just the way it is, does he get a return at that point? And if you look at his expenses and his income analysis, which his accountant has given me for the first nine months of 2005, his gross income was $342,000; his cost of goods sold was $249,000, that's things like labor, outside service, purchases, supplies, paint, mechanical work that he has to sub out to another location, so his gross profit was $93,000. Then if you take off his business expenses of $63,000 for that period, he had a net income for $30,000 for the first nine months of the year and will have additional insurance costs of $1,400, additional mortgage costs of $29,000 and rent income, a positive figure of $11,250, that's a lot of numbers to throw at you, but that means the net income for the first nine months of the year is barely over $10,000, it's $11,850. So he's barely breaking even, and if he is to sustain a loss of more than 30 percent because he's lost those bays in front, he cannot continue in business, and that's another part of the reasonable return, is what if he just stays where he is; that's a problem. If you want me to submit more specific details on that, I could. I would prefer not to because it is part of the public record, but if you would like it I will submit it. BOARD MEMBER ORLANDO: Your last financial statement was based on putting a new spray booth in the building, but not putting the new building in the back, correct? MS. WICKHAM: Correct. BOARD MEMBER DINIZIO: No. Your last financial statement is how he's been doing business for the past nine months. CHAIRWOMAN OLIVA: But he has the spray in there. MS. WICKHAM: No. With the installation of the spray booth, because I did include the cost of carrying the spray booth. BOARD MEMBER DINIZIO: You're carrying it, but that net of that report you just gave us doesn't include the loss of the three bays, and the installation of this booth. The only thing it November 17, 2005 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 includes is the amount of money you have to pay for this booth. MS. WICKHAM: On a monthly basis in the mortgage. BOARD MEMBER DINIZIO: He's not making money with that booth right now. It's not in that nine months. MS. WICKHAM: I'm not sure I understand the question, but he is still doing - MR. SENNENPELDER: I understand what you're saying. MS. WICKHAM: This is Tom Sennenfelder who is an engineer who is a business associate of Rich's. MR. SENNENFELDER: I understand what you're saying is basically the numbers reflect what he currently has done this year, but they do reflect the fact that the forward part of the building the last two months, those two bays, he has stopped using them. Right now he's actually seeing a severe loss -- for the past month, excuse me. MS. WICKHAM: These figures, Tom, only go to September. BOARD MEMBER ORLANDO: That spray booth's going in no matter what. BOARD MEMBER DINIZIO: You're still not making money? MR. SENNENFELDER: No. The problem is the volume, any business like a body shop requires volume. MS. WICKH/LM: The spray booth will improve his volume. BOARD MEMBER DINIZIO: If you just get the spray booth and you don't replace those bays, you don't make money. BOARD MEMBER ORLANDO: That was the last statement he would make $10,000 a year. BOARD MEMBER DINIZIO: The $10,000 a year doesn't include anything to do with the spray booth. MR. SENNENFELDER: No, $10,000 a year actually reflects his income for the first nine months of the year. And now he's reduced his capacity about 30 percent on the building's production. BOARD MEMBER ORLANDO: The last statement she put the mortgage in for the spray booth. November 17, 2005 107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. WICKHAM: I did, but it still comes up at $11,000. ASST. TOWN ATTY. CORCORAN: It reflects some of the costs but not the loss of income going forward. MR. SENNENFELDER: That's correct. In fact, if you do an analysis upon, that's on an exponential rate because you can't bring in business as pro shop from different insurance companies because he doesn't have the facility. In fact, now he actually schedules the work and has to turn work away, send them over to other shops because you can't bring the cars in because he only has enough space for one and a half cars that he can mechanically work on, and he doesn't have the proper paint facilities because he can't use that facility properly. So, in fact, if you go to the shop many times now, you'll find multiple cars -- and I've seen up to nine cars in the back -- that are waiting to be repaired, and he has to make the determination do I send it to another shop or turn the next customer away. Without that facility, you know, any business, especially where we live now, residences, more people are out here now, you need to expand to keep pace with what you have, but he has a facility that was actually designed, I believe the building was in place somewhere in the '30s. The building hasn't seen any appreciable increase in the size or space or anything since the '30s. A lubritorium is a term from the '30s, from the days of the Model T. ASST. TOWN ATTY. CORCORAN: I thought we should spend a minute or two how this increase, if not increased use but sort of increased use of space, what effect if any it will have on the neighborhood and the surrounding area. That could be a main thrust here. MS. WICKHAM: My next point is that, but starting with the building location, the proposed location. My first question came in, why don't you just attach that to the existing building. His response was he could do that, he could kind of cantilever it off the southwest corner, but he was trying to take into consideration the residential surroundings and get it as far away from the homes as he could. If he brings it up to the building, it's going to be closer to the main November 17, 2005 1 2 3 4 5 7 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 road and therefore more essential over the fence. If he's brings it to the existing building, it will be closer to Pequash Avenue and closer to those homes. So he thought this was probably the best place for it to be to have a minimal impact on the neighborhood. It does have a door at either end, so he does need room to be able to maneuver, and the spray booth door if you look at your second proposed map has a western bay, so he has to be able to get out that way. That was the only reason that he decided not to attach it to the building. He thought it would actually minimize the impact on the residential area. We lost Mr. Huntington and Tom Wetzel, who were here from the Fleet's Neck Association, and I believe they were going to speak favorably on it. When what Mr. Huntington said to me before the hearing was this is the kind of guy we need in the neighborhood. They were very appreciative of what he's done to clean up the area. He will be going to site plan review and the Planning Board, and that's going to involve a lot of aspects of screening and building design and building placement and access issues and parking issues. He is also going to be taking what is now allowed as 15 use cars, sales spots and reducing that down to five. That is the only thing that's going to be in the front of that building, all the detailing, the washing, the whatnot that goes on on the Main Road area is going to be gone. Everything will be moved into the buildings in the back. We have a letter here from Emily Victoria. BOARD SECY. KOWALSKI: I have that. MS. WICKH~-M: Emily and Jim Grathal own the house directly across the street. She is supportive of his application. I think that's very important because she would probably be as much affected by it as anyone. And Rich has talked to other people in the neighborhood and he's been very good about making sure that they are not unhappy with what he's doing. I believe he's also talked to the owner of not Elliot Dawson, but his sister, who owns the house immediately to the south, and to the lady who is renting the house. In terms of the neighborhood in general, again, it's been a long-standing use that's been there for a long time. It's not going to change 108 November 17, 2005 1 2 3 5 6 7 9 10 11 12 13 14 15 16 12 18 19 2O 21 22 23 25 the neighborhood significantly, and you do have other -- it's in the KALO Zone and I believe I put the HALO map in your package. So it is part of the hamlet density studies and that I think is an important factor, as well as the DiSantis Christmas tree across the street and other uses in that Main Road area. If I could just tick through some of the other issues on a use variance. I think we have talked about reasonable return, if you have any more questions, I can give them to you. The hardship is tremendously unique. Fortunately nobody else in the neighborhood has the insurance and EPA conditions he does. It does not apply to the substantial portion of the district, it's just this property, and it will not alter the essential character of the neighborhood and because it is continuing to be what it has been since the '30s, and he will be screening and actually improving it. Before the Planning Board even told him he had to do it, he's done a lot of it already. It's not self-created in terms of the insurance requirements, and it does observe the spirit of the ordinance, now that was a tough one, but I think the reason it observes the spirit of the ordinance is because use variances are permitted although limited, and this is the situation where I think they should be available. Public safety and welfare are served by the environmental improvements he's making and certainly substantial justice will be done. Now, I just want to tell you quickly about the other approvals because that was a question. We have had two meetings with the Planning Board. We have submitted a site plan; it's been accepted. We have retained a surveyor to make additional requirements that they have because although their letter says it's incomplete, that is for a processing purpose, and they do, quote, agree with the concept design, unquote. They have been very supportive. A change of zone was filed with the Town Board to Hamlet Business on October 4, 2005 at the suggestion of this department. I am still waiting for a work session appointment. We will agree to continue to pursue that, but we anticipate that that's not going to happen immediately; that will be involved with the HALO review; it will be 109 November 17, 2005 110 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 involved with other applications in the area. And also I think the use variance, number one gives him more immediate relief that he essentially needs, and it also gives the Board the ability to control and not open it up to a general free-for-all down there. I do want to mention one issue about hamlet business use and that has to do with the definition of "garage." Hamlet business does permit public garages, but it doesn't permit a repair garage. However, the pre-existing definition from the 1973 code -- and that's in your material -- does allow that because public garage and repair garage were all in the same definition. And I want to mention that in case we have that issue when we go to the building department, we did explore that and I don't have to come back to you and discuss that. Also, the code requires the 300 foot residential setback. The special exception for the auto sales we did address that, but I want to make sure that we address that here today as well, and if you want me to go into that in more detail, I will, but I think it's assumed in our whole discussion. Mr. Aliano applied for a use variance on this property, which was denied by your Board in 2004 I believe, and I want to distinguish that application. That application was basically for a shopping center. The neighborhood was not happy with it, understandably. So there's a different aspect to this use variance. It was not a hardship; there was no financial showing; there was no proof in the record. Different type of situation. BOARD SECY. KOWALSKI: That was 1990, right? ASST. TOWN ATTY. CORCORAN: '89. MS. WICKHAM: It was 3907. Maybe it was 1990, yes, I'm sorry. And finally, as I said before, if there was ever a reason for a use variance, I think this is it. I think Rich has a couple of things he wants to say, and then we'll see if you want us to say anything else. BOARD MEMBER SIMON: One question, how does this HALO region affect this? I thought HALO has to do with affordable housing? November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 MS. WICKHAM: It does. But it's an indication that that's a denser area of the community, and that's where development is going to occur. It's not out in an agricultural area; it's not isolated from the center of town. MR. BOSINIAK: My name is Rich Bosniak, I own Rich's Quality Auto Body. I'm in business there over 18 years. I live here in Cutchogue. I've been here over 20 years. My family's been here for over 30 years. I have three daughters that go to the Mattituck/Cutchogue school. My wife works for the school, I'm not going anywhere. So I'm really just trying to conduct business. I purchased the property a year ago. It was not available to me to purchase it before then because Mr. Aliano did not want to sell it. He was very generous to me because my rent was iow, but from purchasing the property, my expenses everything has tripled -- more than that. And I really do need to put up this building in order to conduct my business. I don't think I can conduct my business if I don't get a variance or go for a zone change to put this building up. I have been offered to sell and get out, but I have three daughters to put through college, and I'm a young guy, I plan on being in business for a long time. If there's any other questions anybody has. I'm just trying to conduct business. I'm a service to the community. There's five body shops between Riverhead and Orient. For an area like this that's very undersized. There's over 25 mechanical shops that repair cars between Orient and Riverhead. I feel that you need me here. You need somebody to repair the cars. I don't do mechanical repairs there. I do strictly a body shep. I do sub-out to all the mechanical sheps. The spray booth that I did put in that I want te continue forwarding on is environmentally, I live here, this is my tewn. When I got my fresh air permits and whatever, all this stuff wasn't required. Because of the insurance and because I purchased it, of course, I had te do it. It's a let of money, but it's a geed thing. Everything's filtered, and fumes are net going out te the environment. It's a very needed thing, MS. WICKHAM: Do you want to hear abeut the water system, dry system differential? MR. BOSNIAK: I don't know of a water 111 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 system out here. Ted's Auto Body has an older crossdraft booth, First Class Auto Body has an older downdraft booth. Starlight Auto Body has a cross draft booth. These are all older spray booths that don't have a water system. So this water system is a good thing, but you also have other environmental issues because that water has to be disposed of, that contamination has to be disposed of. CHAIRWOMAN OLIVA: How do they do it? MR. BOSINIAK: My system is a dry system. I have filters. The water system goes through, the water gets collected, and the water has to be carted away. This is just a dry system. BOARD MEMBER GOEHRINGER: Rich, do you honestly think that if this property was hamlet business Mr. Aliano would have sold it to you? Certainly not at the price you were paying for it. CHAIRWOMAN OLIVA: This is besides the point. BOARD MEMBER GOEHRINGER: I'm saying in general, I think that since the property was residential, you were probably better off because I think they have less interest in it, and the only reason I say, I know the Aliano family for many years, and I'm not putting words in anybody's mouth, but they own primarily commercial property. Their shopping centers are all up in the Shoreham, Rocky Point, Miller Place, every one of those are multi, 26 units some of them have. I suspect that conceivably the reason why you're here and the reason you did buy it was because of that reason, that there really wasn't anything they could do with it at this point, except use it as it was. MR. BOSINIAK: At this point in my life I wasn't going to start over anyplace else. I do live in Cutchogue, and I have been in business for a long time, and I do have a good following. I didn't have much of a choice. Mr. Aliano, the old man who was my landlord was a good friend of mine and still is today. His son got involved. His son is a different person. His son tried to sell my business out from under me. He advertised my business. I really had no choice but to buy the property. BOARD MEMBER GOEHRINGER: Thank you. CHAIRWOMAN OLIVA: Anybody else have any questions of Rich or Miss Wickham? 112 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 BOARD SECY. KOWALSKI: I had one question, Gail, could you just confirm for the record how many uses there are because the old CO has a lot of uses that aren't there anymore. There are just the two uses, primary uses, right? MS. WICKH~g~: There is the real estate office use and there is Rich's Quality Auto and the auto sales. BOARD SECY. KOWALSKI: So the auto sales would go on in the back? MS. WICKHAM: It would continue in the front, but the volume would be reduced. BOARD SECY. KOWALSKI: So it's going to be in the parking that's shown on the plan? MS. WICKHAM: It will be where it is now, in front of the fence, but it will not be as many vehicles. BOARD SECY. KOWALSKI: How many vehicles? MS. WICKHAM: Five. He has permission for 15. ASST. TOWN ATTY. CORCORAN: You will limit it to five. MS. WICKHAM: I don't know if he mentioned he doesn't keep cars for parts on the property either. BOARD SECY. KOWALSKI: Thank you. MS. WICKHAM: So I will get you the specific numbers on the square footage. BOARD MEMBER ORLANDO: That was Rich's Quality -- BOARD SECY. KOWALSKI: You mean the breakdown for the 70 percent? MS. WICKHA_M: Yes. BOARD SECY. KOWALSKI: That would be with the tent building or without it? MS. WICKHAM: I'll give you both. CHAIRWOMAN OLIVA: I'll make a motion to close the hearing and reserve decision until later. If not, I'll make a motion to close the hearing and reserve decision until later. (See minutes for resolution.) (Time ended: 3:33 p.m.) 113 November 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATION I, Florence V. State ef New York, THAT the within transcript the testimony given. I further certify that I Wiles, Notary Public for the do hereby certify: is a true record of am not related by blood or marriage, to any of the parties to this action; and THAT I am in no way interested in the outcome of this matter. IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of November, 2005. Florence V. Wiles 114 November 17, 2005