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TOWN OF SOUTHOLD ZONING BOARD OF APPEALS
COUNTY OF SUFFOLK: STATE OF NEW YORK
TOWN OF SOUTHOLD
ZONING BOARD OF APPEALS
Southold Town Hall
Southold, New York
December 2, 2010
9:34 a.m.
Board Members Present:
LESLIE KANES WEISMAN - Chairperson/Member
GERARD P. GOEHRINGER - Member
JAMES DINIZIO, JR. - Member
GEORGE HORNING - Member
KENNETH SCHNEIDER - Member
JENNIFER ANDALORO - Assistant Town Attorney
VICKI TOTH - Secretary
Jessica DiLallo
Court Reporter
P.O. Box 984
Holbrook, New York 11741
(631)-338-1409
~OARD OF APPEALS
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ZBA Town of Southold - December 2,
INDEX OF HEARINGS
Hearing:
Michael J.
Henry L. Ferguson Museum, Inc.
Chester and Wendy Friszolowski
Andrew Greene #6429
Anne Marino and Bernard Telsey #6432
And Kathleen M. Hannafin #6427
%6431
#6434
Donald B. And Janis G. Rose #6430
Louis and Elizabeth Mastro #6417
Regina's Garden LLC. #6388
Mark and Sharon Melnick #6426
Thomas V. Perillo, Jr. #6425
2010
Page:
3-18
18-23
25-47
47-49
49-51
66-71
51-66
72-92
92-93
93-118
118-123
ZBA Town of Southold - December 2, 2010 3
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CHAIRPERSON WEISMAN: -- Chester and
Wendy Friszolowski. Henry L. Ferguson Museum
Inc. Anne Marino and Bernard Telsey. Donald B.,
and Janis G. Rose.
Elizabeth Mastro.
Michael J.,
So moved.
MEMBER GOEHRINGER:
CHAIRPERSON WEISMAN:
Ail in favor?
MEMBER GOEHRINGER:
MEMBER DINIZIO:
MEMBER HORNING:
Andrew Greene, Louis and
Regina's Garden and
and Kathleen M. Hannafin.
Second.
Seconded by Gerry.
Aye .
Aye.
Aye.
MEMBER SCHNEIDER: Aye.
CHAIRPERSON WEISMAN: Aye.
HEARING ~6427 - Michael J. And Kathleen
M. Hannafin.
Okay. The first application before us
is Michael H. And Kathleen Hannafin. George,
would you please read the legal notice.
MEMBER HORNING: This is an application
for Michael J., and Kathleen M. Hannafin. "Case
#6427. Request for Variance from Code Sections
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ZBA Town of Southold - December 2, 2010
280-124, based on an application for building
permit and the Building Inspector's
September 20, 2010 Notice of Disapproval,
concerning proposed additions and alterations to
existing single-family dwelling, at 1) less than
the code required front
2) less than the code
of 35 feet. Location;
New York. Suffolk County Tax
Map #1000-17-4-2."
CHAIRPERSON WEISMAN: Is there anyone
here that would -- good morning.
MS. DWYER: Good morning. Nancy Dwyer
on behalf of the homeowners, Michael and
Kathleen Hannafin's. The Hannafin's --
CHAIRPERSON WEISMAN: One moment. I
want to make sure, do you have a copy of the
your records of the LWROC -- (inaudible) that
the Board had received?
MS. DWYER: No.
CHAIRPERSON WEISMAN: We have a
procedure now that we're checking actually to
make sure that the applicant's are informed
completely of anything in our records, but this
is simply a letter from the Suffolk County
yard setback of 35 feet,
required rear yard setback
280 Munn Lane, Orient,
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ZBA Town of Southold - December 2, 2010
Planning Department (inaudible) that this
local determination.
MS. DWYER: Okay.
CHAIRPERSON WEISMAN:
copy of that or do you have
is a
Would you like a
a copy?
MS. DWYER:
CHAIRPERSON WEISMAN:
MS. DWYER: Thank you.
CHAIRPERSON WEISMAN:
Thank you.
MS. DWYER: Okay, then.
I will take a copy of it.
Here you are.
Please proceed.
They had bought
this house about a year ago and since living in
it, found out that the roof is leaking. So
rather then just repairing the flat roof and
dealing with those issues, they decided to
raise the roof and take advantage and possibly
do a second story -- well, a partial second
story dormer and get additional bedroom space
upstairs. While this construction is going on,
they also planned to square off the back corner
of the house and gain a little more kitchen area
and also build a covered front porch to try and
take advantage of the view that is over there.
They have existing both the front yard setback
and partially the rear yard setback because
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ZBA Town of Southold - December 2, 2010
of that addition that had been done
previously.
MEMBER GOEHRINGER: Can I ask a
question?
CHAIRPERSON WEISMAN: (Inaudible) let's
just go in order.
MEMBER HORNING: I notice from the
project descriptions, which is part of your
application, let me see what page that was
stating that the addition is 4 foot by 7 foot?
MS. DWYER: Yes.
MEMBER HORNING:
it shows 4 by 5.8.
MS. DWYER: Right.
MEMBER HORNING:
that difference?
MS. DWYER: Well, originally the
existing small bump out area there, it was
measured originally so when I drew my plan it
was actually bigger then I thought. The room
was actually smaller then what it was in the
And on the survey area
Can you tell us about
field. There is actually a 4X5 foot addition
because the existing footprint is larger then
originally calculated.
MEMBER HORNING:
So the survey is
ZBA Town of Southold - December 2, 2010 7
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correct?
MS.
yes.
DWYER: The survey is correct,
MEMBER HORNING: Okay. Ail right.
CHAIRPERSON WEISMAN: Any other
questions?
MEMBER HORNING:
moment.
MEMBER GOEHRINGER:
survey and it
No, not at the
I
says the right
Yes.
wide.
MS. DWYER:
am looking at the
of way is 10 feet
MEMBER GOEHRINGER: And then I
the tax map and it shows up on top at
wide.
front yard setback of
is that bump out?
MS. DWYER:
was
look at
11 feet
MS. DWYER: Right on top.
MEMBER GOEHRINGER: And then you have a
18.5 feet. How important
Which bump out?
MEMBER GOEHRINGER: The one that George
just referring to, the nook?
MS. DWYER: I don't think it's terribly
important to them, as they are starting to
second guess whether or not they are going to
ZBA Town of Southold - December 2, 2010 8
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do it. They figured that they would apply for
it and if it was approved, Great. Then
that gives them the extra flexibility of -- of
working with that additional square footage that
they could bump the kitchen into that small
area.
MEMBER GOEHRINGER: But that actually
could be squared off and gain another 4
inches?
MS. DWYER: Yes. Yes.
CHAIRPERSON WEISMAN: You are not
foot 6
proposing to increase
setback?
MS. DWYER:
the setbacks that
any nonconforming
No, we are staying within
are there.
CHAIRPERSON WEISMAN: Ken?
MEMBER SCHNEIDER: Just to clarify on
what Gerry was asking you. You were talking
about the little bump out that's closer to the
right of away? Gerry?
MEMBER GOEHRINGER: Yes.
MEMBER SCHNEIDER: I think George is
talking about the kitchen addition.
MEMBER HORNING: It might be the same.
MEMBER SCHNEIDER: I think Gerry was
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talking about this and you were talking
about that.
MEMBER GOEHRINGER: Okay.
that's
That's
roof.
CHAIRPERSON WEISMAN: No, they are not
the same. Gerry is talking about the little
bump out that is parallel to the right of
way. But it's preexisting nonconforming?
MS. DWYER: Yes, that's preexisting and
just the new roof over that area.
not changing at all, other then just the
CHAIRPERSON WEISMAN: Ken?
MEMBER SCHNEIDER: I have no
questions.
MEMBER GOEHRINGER:
Let me just elude
to the reason why I am mentioning that. We've
had numerous discussions with the Board on
rights of way. And emergency access becomes
greater in years to come. There are going to
be, as you know, the Town really has the
right of way over the front portion of a persons
property. So the actual -- the actual issue
that you're talking, a 7 foot easement, is down
to a 11 1/2 feet at that particular point.
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Ail of us who have visited this great spot, some
day a filler may be removed and a right of
way may be elongated in width. And you
know, it's going to (inaudible) and of course
we know there are other accesses out. This is
not the only ingress, egress.
MS. DWYER: Right.
MEMBER GOEHRINGER: At this particular
time, it's sort of the main one. So that is
the only reason why I raise that issue.
MS. DWYER: Okay.
MEMBER GOEHRINGER:
the right of way?
MS. DWYER: It's
the survey.
that?
MEMBER HORNING:
reason why I
What is the width of
10 feet according to
Where does it say
It is extremely
narrow. There is no question about it.
MS. DWYER: It's extremely narrow.
MEMBER SCHNEIDER: This line here up to
say and I am looking at
shows 11.
MEMBER SCHNEIDER:
the tax map and it
MEMBER GOEHRINGER: That's basically the
asked the question. What I would
ZBA Town of Southold - December 2, 2010 11
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the survey and that is 10.
MEMBER GOEHRINGER:
basically the reason why
Remember, that is
I asked the question.
The tax map is showing 11. In reality,
remember this goes back to horse and buggy days.
It really does because that is how people
accessed these roads.
CHAIRPERSON WEISMAN: Lets see if
there is anyone in the audience that would like
to address this application.
MEMBER HORNING: I have a quick
question. And so the driveway right now leads
to sort of the garage, and the porch is going
to be built over the top of that?
MS. DWYER: Yes. The garage will
actually be built underneath it. So we will
be extending the garage 10
front porch.
MEMBER HORNING:
CHAIRPERSON WEISMAN:
Okay.
feet along with the
Thank you.
I am sorry, sir.
You will
you please state your
record is clear.
MR. GRIFFITH:
Griffith.
have to go to the microphone. Would
name and spell it so the
My name is Harold
G-R-I-F-F-I-T-H.
ZBA Town of Southold - December 2, 2010 12
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CHAIRPERSON WEISMAN: Thank you.
MR. GRIFFITH: I live at 205 Main Road.
My property line -- at least on my tax maps
shows that I am -- am right here. And I have
no problem with what they want to do with
their home. It will be in full view of mine;
however, the information that we received by
mail shows that it is a Mr. Jonathan Heffernan.
He was never on my property. I am wondering
where this information is coming from and if
this is all wrong, what else is wrong? So
this is my concern. My other neighbor will also
get up and speak and it shows another piece
of property of David Allan Smith. Been there
40 years and we don't know him. So we're a
little concerned or at least I am, on the way
the properties are laid out here and it seems
like someone really didn't take the time to
address the situation. But I have no problem
with the house. I want to make sure that is
clear.
CHAIRPERSON WEISMAN: Okay. That is
good. We will make sure the record reflects
who the adjacent homeowners are. It is probably
not updated information. NOF is actually now
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former (inaudible)
MR. GRIFFITH:
sometime in the future
that's what it means.
(Inaudible). If I may,
(inaudible).
( Stepped away from the microphone.)
CHAIRPERSON WEISMAN:
that --
MS. DWYER: Well,
Nancy is
when I prepared that
site plan I actually got that information from
the survey, which was done by Jon Ahlers. So I
will bring it to John Ahlers attention that
the surrounding property owners are not
correct. So I will make him aware of
it.
CHAIRPERSON WEISMAN: And can you
submit to us a corrected survey --
MS. DWYER: Yes.
CHAIRPERSON WEISMAN:
correct homeowners.
MS. DWYER: Yes.
CHAIRPERSON WEISMAN:
if you would like to access it,
into the office and review the
receive a copy by us.
MEMBER HORNING:
Showing the
And by the way,
you can come
application and
I have a question on
this?
ZBA Town of Southold - December 2, 2010 14
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owners
CHAIRPERSON WEISMAN:
MEMBER HORNING:
notified?
MS. DWYER:
Sure.
We're the property
They were notified. I
received their names and addresses from the
Accessor's office.
MEMBER HORNING: So you can match them
to the survey?
MS. DWYER: Yes.
MEMBER HORNING: Thank you.
MS. DWYER: Sure.
CHAIRPERSON WEISMAN: Anyone else want
to address this application?
MR. VAN CLEEF: Good morning. My name
is Robert VanCleef, R-O-B-E-R-T V-A-N-C-L-E-E-F
and I am the property owner immediately to the
south of the property in question here today.
This is my next door neighbor. He mentioned
David Smith and I have no idea who David Smith
is. The house was originally built, to my
knowledge, in approximately 1946, for a
Mr. Sickerback (phenetic). (Inaudible) the
builder was a Mr. Wiley who lived in the
house at the time. And the -- my main concern,
is I have no problem with the house. My main
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concern
was on vacation back
large Maple tree was
is the property lines here. When I
in March, a tree -- a
removed without my
knowledge.
on my property. And Mr.
was on their property.
And I believe that, that tree was
Heffernan told me it
I have my survey here
and it indicates that my property runs back from
Main Road 199 feet. I measured it and to me,
that tree was on my property. I was never
asked about it. And I might have very well
have given permission to take down that tree but
I think I should have been asked permission to
take down that tree. The two other trees right
along side of it and my concern is if they feel
that these trees are on their property, those
too will disappear.
CHAIRPERSON WEISMAN: Can I ask a
question?
MR. VAN CLEEF: That is my main
question.
CHAIRPERSON WEISMAN: Okay. You
said Heffernan. I think you mean, Hannerman.
MR. VAN CLEEF: Right.
CHAIRPERSON WEISMAN: I just want to
make sure we are not talking about a
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different neighbor. There is a little
confusion on who owns what property and
where the boundaries are. May I ask, would
you be willing to provide Ms. Dwyer a copy of
your survey of what you believe to be your
property line. That the surveyor can straight
all of that out at one time. And with regards
to what has been accomplished with removal of
the tree, it's unfortunate, but I don't think
that this Board can do anything about that.
It can correct the survey, so you can know
exactly what's where on whose property.
MR. VAN CLEEF: I had only been given
the impression from my father who bought this
house in 1968 or something like that, that the
trees were on the property line but I measured
it myself and it appears to me that -- I
measured that and the trees are within my
property line.
CHAIRPERSON WEISMAN:
okay. We can make a copy.
for you. We will also have to
property tax map is because --
Okay. That's
We will make a
look at the
copy
MS. DWYER: The way that this survey is
laid out is 195 feet and this survey says 109.
ZBA Town of Southold - December 2, 2010 17
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So there is a discrepancy.
CHAIRPERSON WEISMAN: What we need is an
up to date survey. So that's it clear where
the boundaries are and who owns it. If your
client will provide that (inaudible).
MS. DWYER: The survey was prepared in
2009 by Mr. Ahler's who is a license surveyor.
CHAIRPERSON WEISMAN: Can you provide
us with a survey that provides accurately who is
the homeowner and the property lines -- you know
there is notations or whatever, we just want
to get an update to make sure that the neighbors
are accurately reflected on the survey and that
the dimensions are correct.
MS. DWYER: Okay.
CHAIRPERSON WEISMAN: Anyone on this
Board have any questions
applicant?
MEMBER GOEHRINGER:
me.
MEMBER HORNING: No.
CHAIRPERSON WEISMAN:
audience?
(No response.)
CHAIRPERSON WEISMAN:
for this
No questions from
Anyone from the
Hearing no further
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ZBA Town of Southold - December 2, 2010
comments. I will make a motion to close the
public subject to receiving updated survey
by the applicant. Is there a second?
MEMBER GOEHRINGER: Second.
CHAIRPERSON WEISMAN: Ail in favor?
MEMBER HORNING: Aye.
MEMBER GOEHRINGER: Aye.
MEMBER DINIZIO: Aye.
MEMBER SCHNEIDER: Aye.
CHAIRPERSON WEISMAN: Aye.
Thank you very much.
(See Minutes for Resolution.)
HEARING #6431 - Henry L. Ferguson
Musuem, Inc.
CHAIRPERSON WEISMAN:
legal notice.
Lets read the
The next application before us
is for Henry L.
application is,
legal.
Ferguson Museum. And that
George, will you please read the
MEMBER HORNING: Yes, I will. This
applicant, "Henry L. Ferguson Museum Inc.,
#6431, requests fr variance from Code Section
280-14, based on an application for building
permit and the Building Inspector's
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September 20, 2010 Notice of Disapproval
concerning a lot line change: Two
nonconforming lots at less than the code
required 120,000 square foot in a R120 zone.
Location: Clay Point Road, (adjacent to West
Harbor), Fisher Island, New York. Suffolk
County Tax Map #'s 1000-7-1-6.1, 7 and p/o
10."
CHAIRPERSON WEISMAN: Part of.
MEMBER GOEBRINGER: Part of 10.
CHAIRPERSON WEISMAN: Would you like
to state your name for the record, please?
MR. HAM: Steven Ham, 28 Nugent Street,
Southampton, for the applicant.
CHAIRPERSON WEISMAN: Mr. Ham, before
you get started. Do you have copies of the
LWROC (phenetic) letter Planning Board comments.
Do you have copies of all those letters?
MR. HAM: No, I don't.
CHAIRPERSON WEISMAN: We are now
making sure that all applicants have copies of
all correspondences we have in our file.
Please note, that the attorney for the
applicant has submitted a copy of the deed for
25 our records.
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Weuld yeu
application?
HR. nAM.
~e~l us
like to ~ ' about your
When the Ferguson Museum
received land donations, as it does many times
on Fisher's Island, it doesn't typically get a
survey unless there is a bargain sale or full
consideration of arms length sale. So when
David Harris donated land to the museum in 2002
pursuant to that deed, which I just put into
the record, no survey was obtained. There was
no consideration. The museum sends out people
to look at the land and they see it and they
think they know where it is but in this case,
a mistake was made and part of the Harris house
was on one of the lots that was donated. This
was not discovered until about a year ago,
and since then the owner Harris has entered into
a contract with the museum and with Citgo
because they are using some of Citgo road as
part of their party. So we had gone to the
Planning Board for a land lot change before
this Board because the museum can't convey what
it owns without a variance. Ail were doing
here is moving a line. There is absolutely no
change to the neighborhood. Portions will be
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reconveyed to the Harris Family. We'i1 be
merged pursuant to the deed and the line will
just move from the map that was submitted,
from the Harris house is in fact on land
owned by Harris and not by the museum. The
rest of that property that is owned by the
museum, is subject to covenant, the typical
museum covenants and restrictions, which
prohibit development. So we're not creating
any new lots. We're just moving a line. No
change to the neighborhood in this manner.
CHAIRPERSON WEISMAN: George, any
questions?
MEMBER HORNING: Not at the moment.
CHAIRPERSON WEISMAN: Gerry?
what
MEMBER GOEHRINGER:
are you moving here?
MR. HAM: Because
Okay. So basically
David Harris donated
all of what Citgo 38-1, which is shown on
there, they are moving the line more to that
49.7.1 foot so that the house and lawn that
are pertinent to land that continues to be
owned by the Harris Family is merged with that
land. So it's 35 acres being added to the
Harris house parcel from the museum parcel.
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MEMBER GOEHRINGER:
CHAIRPERSON WEISMAN:
MEMBER GOEHRINGER:
questions.
CHAIRPERSON WEISMAN:
Thank you.
Gerry?
I have no
I have no
questions. Is there anyone here that would
like to address the applicant?
(No response.)
CHAIRPERSON WEISMAN: Being there no
further comments, I make a motion to close the
public hearing.
MEMBER HORNING: I actually have one
final question. The right of way (inaudible).
MR. HAM: That's right. We're going
to get a release from the one owner that
possible would use it and that happens to
be Gwnedoyln Harris,
Planning Board would require
and that's in our contract.
Gwendo!yn Harris parcel is off of the
the south.
MEMBER HORNING: Gwendolyn Harris just
recently bought that.
MR. HBJM: Yes.
CHAIRPERSON WEISMAN:
which is family. And the
that and Citgo
The access for the
road to
There is
a motion.
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Is there a second?
MEMBER GOEHRINGER: Second.
CHAIRPERSON WEISMAN: Ail in favor?
MEMBER HORNING: Aye.
MEMBER GOEHRINGER: Aye.
MEMBER DINIZIO: Aye.
MEMBER SCHNEIDER: Aye.
CHAIRPERSON WEISMAN: Aye.
Okay. Closed.
MR. HAM: Thank you.
(See Minutes for Resolution.)
*************************************************
CHAIRPERSON WEISMAN: Motion to recess
for five minutes?
MEMBER GOEHRINGER: Second.
CHAIRPERSON WEISMAN: Ail in favor?
MEMBER HORNING: Aye.
MEMBER GOEHRINGER: Aye.
MEMBER DINIZIO: Aye.
MEMBER SCHNEIDER: Aye.
CHAIRPERSON WEISMAN: Aye.
(Whereupon, a recess was taken.)
(Tape started after motion was made.}
CHAIRPERSON WEISMAN: -- motion.
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MEMBER HORNING: Second.
CHAIRPERSON WEISMAN: Ail in favor?
MEMBER HORNING: Aye.
MEMBER DINIZIO: Aye.
MEMBER SCHNEIDER: Aye.
CHAIRPERSON WEISMAN: Aye.
(Member Goehringer not returned as of
yet.)
CHAIRPERSON WEISMAN: I need to remind
the Board that we have a special meeting for
December 14th at 5 p.m. Please make that time.
And the next public hearing will be held
January 6, 2011 at 9:00 a.m.
Can I get a second?
MEMBER SCHNEIDER: Second.
CHAIRPERSON WEISMAN: Ail in favor?
MEMBER HORNING: Aye.
MEMBER GOEHRINGER: Aye.
MEMBER DINIZIO: Aye.
MEMBER SCHNEIDER: Aye.
CHAIRPERSON WEISMAN: Aye.
Resolution to approve minutes from
Special Meeting held November 16, 2010.
Se moved. Is there a second?
MEMBER SCHNEIDER: Second.
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CHAIRPERSON WEISMAN: Ail in favor?
MEMBER HORNING: Aye.
MEMBER DINIZIO: Aye.
MEMBER SCHNEIDER: Aye.
CHAIRPERSON WEISMAN: Aye.
(Member Goehringer returned.)
HEARING #6434 - Chester and Wendy
Friszolowski.
CHAIRPERSON WEISMAN: That takes care
of that. Ail right. The time is 10:09 and
35 seconds. The next application before us is
an application for Chester and Wendy
Friszolowski. Gerry,
special notice?
MEMBER GOEHRINGER:
could you please read the
"Applicant requests
a Special Exception under Article III, Section
280-13B (13). The Applicant is the owner
requesting authorization to establish an
Accessory Apartment in an accessory structure at
1905 Stillwater Avenue, Cutchogue and the
Suffolk County Tax Number."
CHAIRPERSON WEISMAN: Okay. Pat,
would you like to state your name for the
record?
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MS. MOORE: Patricia Moore for the
applicant Mr. & Mrs. Friszolowski. I have them
both here with me. So any questions come
up, I can defer to them.
CHAIRPERSON WEISMAN:
I just want to
Do
MS.
CHAIRPERSON WEISMAN:
proceed, please?
MS. MOORE: Sure.
let you know that we have a letter from
Suffolk County Planning with regard to
jurisdiction.
you want a copy?
MOORE: Yes. Thank you.
Would you like to
This application
really does fit all of the pegs of the accessory
apartment. The structure is -- was built about
1974. The CO was obtained in '95 by Mr. And
Mrs. -- (inaudible) purchasing the property. It
is a garage with livable space and it is for
Mrs. Friszolowski's mother. They were in the
process of making changes to their basement
and the mom is living with them and they need to
live together. And when the law came into
affect, it provided the -- an opportunity for
the structure to be maintained as an accessory
apartment. So it meets all of the criteria.
ZBA Town of Southold - December 2, 2010 27
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It is less than 750 square feet of living
space and it is more than 450 square feet of
living space. There is adequate parking.
As you can see from the survey, there are
two parking bays below the structure and
there is additional parking on the side of the
property. So there is plenty of parking.
There is no bed and breakfast going on.
They have CO's for their structures and there
is a building permit open for their
renovations in-house for the basement. Aside
from that, it's a pretty straightforward
application.
CHAIRPERSON WEISMAN: Okay. I am just
wondering, what are the square footages that
we have indicated on there, which certainly
will qualify.
MS. MOORE: Because of the design, as
you can see from the cross section. The design
is quite of a barn shape. It's wider at the
base. So the survey shows it as 27X37, but the
plans that were prepared for a 35X20 living
area, because again, because of the base being
wider than the top.
CHAIRPERSON WEISMAN:
The only thing
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that I would like
obviously need to
area and it's going to qualify,
eliminate the bathroom for the
area. To calculate the habitable room,
to request that you do, is
look at the livable floor
you need to
livable floor
okay?
MS. MOORE: Do you want me to use
the
35X20 and just subtract out the --
CHAIRPERSON WEISMAN: Yeah.
MS. MOORE: Okay. I was -- believe me,
before this hearing, I was trying to analyze
the kitchen, and living room and bedroom and
adding up all those spaces. They are -- because
of the knee walls, I will use the simpler
method. That's fine.
CHAIRPERSON WEISMAN: It should be
adequate. One thing that I am going to ask
now, which I am going to swear in the applicants
to testify and that they and in the future what
we are going to do is simply list in our
instructions written submission of various
documents that the Accessor's Office, as well
as, the Town Attorney's Office as indicated
would be adequate to provide proof of
occupancy and proof of family relationship.
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MS. MOORE: That's fine.
CHAIRPERSON WEISMAN: Would you please
come forward. Right at the microphone. And
would you please state your name and spell it
for the record.
MS. FRISZOLOWSKI: Wendy Friszolowski.
CHAIRPERSON WEISMAN: Okay.
Ms. Friszolowski, would you please raise your
right hand and repeat after me?
W E N DY FR I S Z O L OW S K I,
having first been duly sworn by the Chairperson
of the Board, was examined and testified as
follows:
CHAIRPERSON WEISMAN:
reside?
MS.
Avenue.
FRISZOLOWSKI:
CHAIRPERSON WEISMAN:
you lived there.
MS. FRISZOLOWSKI:
CHAIRPERSON WEISMAN:
any other residences?
MS. FRISZOLOWSKI:
CHAIRPERSON WEISMAN:
Where do you
1905 Stillwater
And how long have
Since '89.
And do you have
My mom.
No. Do you own
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MS. FRISZOLOWSKI: Oh, no.
CHAIRPERSON WEISMAN: This is a
full-time year round house?
MS. FRISZOLOWSKI: Yes.
CHAIRPERSON WEISMAN: And the current
occupants, the proposed occupants of the
accessory apartment is?
MS. FRISZOLOWSKI: My mom.
CHAIRPERSON WEISMAN: And her name
is?
MS. FRISZOLOWSKI: Dorothy Rossi.
CHAIRPERSON WEISMAN: That's probably
all the questions that I have. How long has
that apartment been there?
MS. MOORE: Since the '70's.
CHAIRPERSON WEISMAN:
anyone else occupying --
MS. MOORE: Her husband.
CHAIRPERSON WEISMAN:
be occupying there. That's
her husband's name?
MS. MOORE: Louis Rossi.
CHAIRPERSON WEISMAN:
I have any more questions.
site inspection, well,
And is there
Her husband will
fine. And what's
I don't think
We have done a
not all of us.
ZBA Town of Southold - December 2, 2010 31
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MEMBER GOEHRINGER: I have a
question.
CHAIRPERSON WEISMAN: Gerry?
MEMBER HORNING: I was curious in the
file we have a document about an anonymous
complaint about building without a building
permit. That was filed in July '05. What
it says is this, is that a Stop Work Order was
issued on July 29th '05. And illegal apartment
in an accessory building and a house being
renovated without no building permit was served
in July 29th of
mail, as well.
that?
MS. MOORE:
'05. And sent by certified
What can you tell us about
I can because I was
involved right from the very beginning. The
house was being renovated. What they were
actually doing was
her husband to go
basement. They had to move
renovating for her mom and
and relocate into the
out and needed a
place with preexisting space without a CO was
over the garage. The law wasn't in effect at
that time to allow living space over a garage.
So my advice to them was finish the basement and
we're going to have to move them out and find
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space in the house. So they were in the
process of doing that. And Damon allowed us
the time, since they were doing the work
themselves on the basement and they were in
the process of relocating. So that is when
more recently the law came into effect. So they
now have a nice basement. The other space is
more comfortable for them. That is why they
are getting the special permit.
MEMBER HORNING: So in the timeframe
this complaint and the building
department action took place at the end of
July '05 --
MS. MOORE:
building permit.
for the house.
Yeah. They did get the
There was a building permit
I think this was -- (inaudible)
they had one building permit and then it
expired and then they were working under one
building permit for the renovations for the
house. The space over the garage was illegal
without some form of legalizing it. We were
actually in the process of converting it to
a pool house or some
use.
MEMBER HORNING:
use other then dwelling
Just let me get the
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timeframe again. They were renovating the
principle dwelling. You so call temporarily
move into an illegal apartment in an
accessory building around 2005. Then there
was an anonymous complaint by a neighbor or
something. There was a Stop Work Order issued.
And did the building department say "hey, you
can't be occupying this illegal accessory
apartment. You have to be in the main house"
and you moved back into the main house. Is
that what happened?
MS. MOORE: They were in the process of
moving into the main house.
MEMBER HORNING: And when did you
vacate the illegal apartment?
MS. MOORE: Not yet.
MEMBER HORNING:
ever since?
MS. MOORE:
object to this line
You have been there
I would professionally
of questions. I will first
tell you that we have been very honest with
the building department and Damon throughout.
And it's really irrelevant to the application
in the sense that the code allows now an
accessory apartment. We meet all other
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criteria's for an accessory apartment. And
thank goodness this law came into effect. It
allows her and her husband to live in a
space that is private and better, as opposed to
moving into the basement of a house, which
again, the basement has been done properly
with all the permits. So it's
MEMBER HORNING: Well,
just --
it's in our file
and a question came to mind.
MS. MOORE: It's really irrelevant to
this particular application.
MEMBER HORNING: Well, it's irrelevant
yes and no. To the effect that how long has
this apartment in the accessory building been
occupied. That's what's pertinent.
MS. MOORE: Okay.
MEMBER HORNING: And you stay
continuously. Since 2005 or before
2005?
MS. MOORE: About that time. When her
mother needed a place to stay, that's where
she went.
MEMBER HORNING: Since 2005?
MS. MOORE: About 2005.
MEMBER HORNING: And before that?
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ZBA Town of Southold - December 2, 2010
MS. MOORE: It must have been -- it
wasn't completed by them. It was completed by
the prior owner.
MEMBER HORNING: Okay.
CHAIRPERSON WEISMAN:
I do suspect that
we will find over time, that we will have
applications before us with a lot of
irregularities and I do believe that the intent
of this code should you meet the standard and
the special exception, is to legalize those
structures.
MS. MOORE: Absolutely.
MEMBER GOEHRINGER:
what I have to say first.
That's why --
You may comment on
My concern on all
special exceptions is that you have to be
squeaky clean. This has nothing to do with this
last discussion. There are swamped studded cars
in the yard. And significantly large cars. And
I am writing this decision. I am asking that
those cars be removed. You have a large garage
to put them in. Put them in the garage. You
can use the garage. And they are in the process
of being somewhat repaired or something of
nature, I am referring to them as dismantled to
a certain degree. I would appreciate if you
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would do that.
the Building Department.
it with Code Enforcement.
I am not discussing it with
I am not discussing
I am not discussing
it with anybody.
place them in it's proper place.
all.
I am just asking you to
That's
MEMBER DINIZIO: to comment
on the opinion of these two cars, number one. I
don't know if we have
whatsoever. And I would like to
application of the home from the
any jurisdiction over them
know the
Town Attorney,
concerning past practices as to the relevance
other decisions in granting an apartment, now.
MS. ANDALORO: Do you want me to state
that on record, Jim?
MEMBER DINIZIO: Yeah. I would just
of
like to know if it's relevant on what's gone on
in the past. You can make a decision based on
what's has gone on in the past concerning these
apartments. Like Leslie said, it's going to be
a lot. And honestly, I am a little embarrassed
that it came up the way that it did. And I
think that we should settle the matter right
now. If it's relevant, if we're going to
CHAIRPERSON WEISMAN: Jim?
I would like
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consider during our discussions and consider
you know, they've lived there since 1985.
They have been breaking the law ever since.
We don't think we can grant it because of
that reason. I would like to know if that's
relevant in any way. Certainly, if you need
to take your time and make sure the Town allows
you to live in that apartment, and I don't know
if what I am asking may be a tricky situation.
I personally don't find it relevant. I would
really like that this line of questions not be
further on the application.
MS. ANDALORO: I was present at most of
the public hearings. There is nothing
specifically in the statute considering that.
That being said it becomes a matter of intent.
I agree with Pat in this instance. The Town
wanted these types of accessory apartments to
be legalized. It's been occupied for the past
five years. That's a Code Enforcement issue.
There's never been violations issued. So
fine, but the point is, we want people to come
in and legalize this. They were already in
existence. Or at least that was my impression.
I would have to take a closer look and as far
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tell the Board,
issue variances
violations. But you can't.
We can address it.
MEMBER DINIZIO:
as the violations would cause not having a
(inaudible) on the property. I would always
you should be hesitant to
when there are other code
Ut's up to you.
Is there is an
on a property, is it a code
No, it's not. It's properly
unlicensed vehicle
violation?
MS. MOORE:
stored in the rear yard.
MS. ANDALORO: I am not aware of
specific instances, Pat, but again, when you
see a shed and you don't have a CO on a
property --
MS. MOORE:
clean it up.
little bit.
MS.
MS.
Yeah, and you make them
If I can just kind of pull back a
They just took.
FRISZOLOWSKI: (Inaudible.)
MOORE: I think you need to speak
louder because I don't think they will ever hear
yOU.
MS. FRISZOLOWSKI: The car that is in
the driveway just came off the road like three
weeks ago. The windshield was broken and my
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son needs to save the money to pay the
insurance. So he saved the money for the
windshield. The car is running. It is a
disciplinary thing. The other car is the
same exact thing. He bought that car. So if
it needs to be removed, I don't have a problem
with that. You can't see either of the cars
from the road. It's like down below where the
house is. So when you drive by nobody can see
either of these cars from the road. You have to
pull into the yard to see them.
MEMBER GOEHRINGER: That has no bearing
on it in my particular opinion. In my opinion
for a special exception, my point of view,
everything has to be perfect. That those cars
should be placed on a different location on
the property.
the structure.
adjacent
MS.
car is
You have a garage underneath
You have a cement pad
structure --
FRISZOLOWSKI: That's where the
MEMBER GOEHRINGER: No, no. The lower
portion, which is the accessory building.
That's where they should be. I realize that
if you place them down below, in the back,
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ZBA Town of Southold - December 2, 2010
down below, that they are still adjacent to
the accessory structure. But in that way
they are not blocking a driveway. You know,
so on and so forth. Regardless if it's your
house, really the nature of this application, if
it wasn't for your house, we wouldn't have the
accessory structure, which is the nature of the
special exception. I am not raising any other
issues. I am just telling you when I write the
decision, I am going to ask you to revise
that. And I am not making any issue of it.
Everyone has problems. Everything out here.
And that's the greatest part of being in this
wonderful town and I am just asking you to put
them in the right place.
MS. FRISZOLOWSKI: Sure.
CHAIRPERSON WEISMAN: I am actually
going to ask a question that is specific and
relevant to the nature. Are you able and
willing, and I presume that you are, to submit
in writing proof of residency. A drivers
license. A photo registration. A copy of that.
A utility bill.
MS. MOORE: We put some testimony on the
record, if it's not --
4o
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CHAIRPERSON WEISMAN: Yeah, I would
like something in the record indicating. I
understand that we have testimony.
MS. MOORE: (Inaudible).
CHAIRPERSON WEISMAN: Is the boat out
here?
MS. FRISZOLOWSKI: Yes.
CHAIRPERSON WEISMAN: Okay. That
would be more than adequate in writing to
satisfy your testimony. You will not need a
sworn --
MS. MOORE: She goes by Wendy Jane
Friszolowski. So when you see her name, it's
her.
CHAIRPERSON WEISMAN: Okay. A/K/A.
MS. MOORE: You got it.
CHAIRPERSON WEISMAN: And finally, the
other thing that I would like to have proof of
is the family relationship. It can be a birth
certificate or a marriage certificate or could
be -- a sworn affidavit.
MS. MOORE: I think in general, you
should have these affidavits, because it
seems to me, you don't ask Amanda Barry, if
they have a deed --
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CHAIRPERSON WEISMAN: Pat, I am only
going on the basis of what the Town Attorney
and Accessor's Office have told us. We
should require as written ver fication of the
two things that we have to review as part of
the standards. One thing is proof of primary
residence and the other is proof of family
relationship. To the fact that the apartment
is being occupied by a family member. It can
also be occupied by someone else. That would
be handled differently. That would be handled
in the form the office of
housing --
MS. MOORE:
affordable
(Inaudible.)
(Stepped away from the microphone.)
CHAIRPERSON WEISMAN: The building
department will monitor occupancy and is
certainly affordable and licensed to do the
same with a family member. That is filed
annual on a yearly basis. However, it is
incumbent on us to have all relevant facts
before us in making a decision. In that regard
there is nothing to be left. That's all. Just
to be very clear in the instructions. We will
be adding a request for written submission so
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you don't have to swear people in. You can
just have a notarized affidavit and have it
in our record and you're done here. There is
no need to swear people in at a hearing every
time you go through this, if you have a sworn
affidavit notarized in our record.
MS. MOORE: Right. We have the
application sworn to and you have the
affidavit -- and she is the
want a separate document --
CHAIRPERSON WEISMAN:
going to --
resident. If you
Yes, we are
MS. MOORE:
don't have an issue.
go through each --
CHAIRPERSON WEISMAN:
To that extent,
I think it's
I really
tedious to
Well, proof of
residency is a
relationship.
options for applicants --
following.
MS. MOORE:
lot easier then family
We will allow a variety of
to any of the
Okay. This is only --
MEMBER HORNING: In line of what would
be perceived as my awkward line of
questioning by the document in the file, I
would ask how it got in the file and if it is
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ZBA Town of Southold - December 2, 2010
irrelevant, why do we have things like that in
the file, in my defense, I am going to ask
that. You know, I am technician here.
I look at technical issues
Stop Work Order and I see,
an accessory building, it
If it's irrelevant,
That's my corament.
MS. MOORE:
why
And
here and I see a
illegal apartment in
sets my antenna up.
is it in the file?
I don't know if you asked
for general or all information.
CHAIRPERSON WEISMAN: Yes,
MEMBER HORNING:
it's not, then
we do.
To me it's relevant.
it shouldn't be in the
Then if
file.
CHAIRPERSON WEISMAN: That's why it
came before us because it's an automatic
internal process procedure that we get
everything that it's the record from the
Building Department.
MEMBER HORNING: Then it makes me
wonder, was it eligible for CO.
CHAIRPERSON WEISMAN: That's the only
way it would be relevant.
MEMBER HORNING: It makes me
question.
44
ZBA Town of Southold - December 2, 2010 45
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CHAIRPERSON WEISMAN:
indication that there is a
criteria is met. The past
We have an
CO and so that
history is the past
history. And we will be getting information
like that. And it's a good exercise for this
Board. So that's why we collaborate to come to
a greater insight on what may or may not be
relevant and pertinent in our deliberations.
MEMBER DINIZIO: The only thing I think
is relevant, most of these applicants are
to be coming here with people already in.
while I recognize that it
on that there is no doubt,
going
And,
is part of the record,
it's relevant to
us to make a decision on a special exception.
Not a variance. A special exception does not
meet the criteria. Nothing in there in the
criteria says how long they have lived in there.
Whether they are there or not. Whether it's
vacant. The way I would like everyone is that
there is 12 questions and everyone has a yes,
after it. You know what I mean. And none of
those questions say you have been occupying it
since 1985. So I am a technician and George I
know you are in the similar path, it's the same
thing. I am interested in the application at
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hand, and what was going on before they walked
into that door, is not as relevant to me. And
again, I listen to everything and I think
the supervisor stated that she wants to get
these people out of the darkness. She doesn't
want fire departments showing up with 60
people in a building that we don't know about.
That's what we are trying to do here. And I
think that it's each applicant is going to be
asked, and if that's going to happen, I think
you might find that not everyone is going to
want and come and sit on that side and listen
to us up here speak like that. I don't mean
any offense to anyone on the Board. I just
would imagine myself to being up on the
podium and honestly, I would want to be
treated well.
CHAIRPERSON WEISMAN:
would want to be doing in
discussing these kinds of
I think what we
the future is
issues during our
deliberations on the public hearing. And I
believe we extended that jurisdiction and
boundary and deliberated on various criteria.
We heard from the public.
That being said, is there anyone else in
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ZBA Town of Southold - December 2, 2010
the audience that would like to address this
application?
(No response.)
CHAIRPERSON WEISMAN: Hearing no
further con~ment, I would like to make a motion
to close this hearing subject to receiving
calculations of the livable floor area of the
accessory apartment. A proof of occupancy of
some of the documents that we described. And an
affidavit notarized indicating that the
occupants is and will be the owners.
MS. MOORE: Okay.
you for clarifying.
CHAIRPERSON WEISMAN:
second?
MEMBER HORNING:
Thank you. Thank
Do I have a
Second.
CHAIRPERSON WEISMAN: Ail in favor?
MEMBER HORNING: Aye.
MEMBER GOEHRINGER: Aye.
MEMBER DINIZIO: Aye.
MEMBER SCHNEIDER: Aye.
CHAIRPERSON WEISMAN: Aye.
{See Minutes for Resolution.)
HEARING #6429 - Andrew Greene
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CHAIRPERSON WEISMAN: Call this back to
order. Our next application Andrew Greene.
Would you please read the legal notice and open
this hearing?
MEMBER HORNING:
Applicant requests a
Article III, Section
Andrew Greene. This
Special Exception under
280-13B(13). "The
Applicant is the owner requesting authorization
to establish an Accessory Apartment in an
accessory structure. Located at 30653 Route 48,
adjacent to Long Island Sound, Peconic, New
York. Suffolk County Tax Map
#1000-117-3-11.5."
CHAIRPERSON WEISMAN: Thank you.
This hearing is open. We have a letter
before us requesting withdrawal of this
application. Before we vote on that letter,
is there anyone in the audience to address this
application. Since there was no legal notice.
(No response.)
CHAIRPERSON WEISMAN: No one seems to
be here. We don't all have copies of this
letter.
MEMBER GOEHRINGER: I'll make a motion.
CHAIRPERSON WEISMAN: Gerry, go ahead.
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ZBA Town of Southold - December 2, 2010
MEMBER GOEHRINGER: I make a motion to
accept the withdrawal of this application.
MEMBER HORNING: Second.
CHAIRPERSON WEISMAN: George seconded
the motion.
Ail in favor?
MEMBER HORNING: Aye.
MEMBER GOEHRINGER: Aye.
MEMBER DINIZIO: Aye.
MEMBER SCHNEIDER: Aye.
CHAIRPERSON WEISMAN: Aye.
That's withdrawn. Now we can
deliberate.
(See Minutes for Resolution.)
(Deliberation discussions took place off
the record.)
HEARING #6432 - Anne Marino and Bernard
Telsey.
CHAIRPERSON WEISMAN: Will you read the
legal notice, Jim.
MEMBER DINIZIO: "Anne Marino and
Bernard Telsey #6432, Request for Variance from
Article III, Code Section 280-15, based on an
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ZBA Town of Southold - December 2, 2010
application for building permit and the Building
Inspector's September 20, 2010 Notice of
Disapproval, concerning proposed accessory
in-ground swimming pool at 1) location other
than the code required rear yard. Location,
465 Old Harbor Road, (row) New Suffolk, New
York. Suffolk County Tax Map
%1000-117-3-11.5."
CHAIRPERSON WEISMAN: Okay. Is there
anyone here to address this application?
MEMBER GOEHRINGER: I make a motion that
we hold in abeyance for 20 minutes.
CHAIRPERSON WEISMAN: Ail right. I will
second that.
Ail in favor?
MEMBER HORNING: Aye.
MEMBER GOEHRINGER: Aye.
MEMBER DINIZIO: Aye.
MEMBER SCHNEIDER: Aye.
CHAIRPERSON WEISMAN: Aye.
Motion to recess to deliberations?
MEMBER GOEHRINGER: Second.
CHAIRPERSON WEISMAN: Ail in favor?
MEMBER HORNING: Aye.
MEMBER GOEHRINGER: Aye.
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MEMBER DINIZIO: Aye.
MEMBER SCHNEIDER: Aye.
CHAIRPERSON WEISMAN: Aye.
(Whereupon, deliberations took place
off the record.)
HEARING #6430 - Donald B. And Janis G.
Rose.
Donald B. And Janis G. Rose #6430.
Requests for variance from Code Section 280-124,
based on an application for building permit and
the Building Inspector's September 10, 2010
Notice of Disapproval concerning reconstruction
of a single family dwelling: 1) less than the
code required combined setback of 25 feet. 2)
less than the code required rear yard setback of
35 feet. Location; 145 King Street, Orient,
New York. Suffolk County Tax Map
%1000-26-1-23.
CHAIRPERSON WEISMAN: Basically so the
record shows, and that the Preservation
Committee indicates, that there was a discussion
and no plans have been reviewed. You haven't
made a formal application yet so they are not
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commenting.
a presentation or --
MS. STEELMAN:
district in Orient.
Ail right. Did you want to make
We are in the historic
We are adding a second
we're also raising it a little further than
that almost a foot greater than what's required
so we have a space underneath the building.
18" from the structure. And that's just wanting
in a new foundation. And we are going to be
raising the building to meet the FEMA code but
floor addition to the house but it all falls
within the building. It does not involve any
structures inside the building as we have it.
So that's what you are seeing. We are
proposing to the zoning Board though a
(inaudible) to the rear or the building. We
are planning to use that for a kitchen area.
And reconfiguring some interior spaces, bedrooms
and doing some interior renovations inside the
house. Primarily what we are proposing. The
other notice -- (inaudible) not stating in your
agenda, we are also required by FEMA because
(inaudible) of our structure to meet the FEMA
code in this current elevation. Elevation 9,
which required and we're going to be putting
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to make that note.
CHAIRPERSON WEISMAN: There is no
mention of the addition but we understand
that there is an addition to the second floor.
(Inaudible) reconstruction which generally
means and rebuilding.
MS. STEELMAN: It is not a
reconstruction. We are keeping the existing
building. We are raising it up to put in a
new foundation. We're not reconstructing this
building. We're in landmarks. We really
can't. So we're going to try --
CHAIRPERSON WEISMAN: No tare downs?
MS. STEELMAN: No tare down. We're
going to be (inaudible) the existing studs and
we will be increasing the baring's inside to
handle that second floor addition. They roof
line -- everything is designed to literally put
that second story inside that roof area. So
there will be internal varying --
CHAIRPERSON WEISMAN: And you can
understand why that's important to me --
MS. STEELMAN: I very much understand.
CHAIRPERSON WEISMAN: We have had many
applications before us that appear to be
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raising the foundation or making of a new one
and then the next thing we knew there is
nothing but a (inaudible).
MS. STEELMAN: It was when I first met
with my client. I knew the historic importance
of that area and you know, an then architect to
be confronting with the second floor addition,
it was challenging. I really feel that we have
worked it out structurally and everything is
designed to be with the house.
MEMBER GOEHRINGER: Would it be out of
character for me to ask you any for an
engineers report, based upon the possible
lifting of this building. I realize that you
are a licensed architect. I would really like
to know how they are going to lift this
building. The reason why I ask this question, I
have taken some pictures. They are in the file.
They are straightforward pictures. The building
itself is laying on the ground on certain
portions. There is great deterioration in that
particular area, I would assume. The entire
west wall is covered with leaves and probably
house -- and this is no reflect on your client
or yourself, and so there has to be a tremendous
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amount of dry rotting in some areas.
MS. STEELMAN: Right.
MEMBER GOEHRINGER: As we know in the
past, and I am speaking as a matter of fact,
(inaudible) old lumbar because it's
But in reality they dry rot can set
particular situation. So
historic question. Would
much for letting us
let me go
it be asking to
know that the engineer
too hard.
in that
back to my
greater that is what is currently there.
only 4 inches that what is required. We are
going a little bit further just
underneath the building.
put a slab right on there
to have access
We're going to need to
and have vents that
flow throughout. We need to have a little
separation from that slab. But going back
to -- we have done many projects to where we
It is
has indicated that yes the building can be
lifted. That yes, that certain things have to
be done in order to do that and that he or
you would be engaging in a firm like Davis
Construction to lift this building. It is my
understanding that this building is being
lifted 18 inches above the ground?
MS. STEELMAN: No, it is a foot
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have lifted the structures. They do it
hydropically. Steal beams are placed
underneath. It is a relative small building.
We have done things twice the size of this.
You know, there will be supports that will be
needed underneath that structure. For those
steak beams to come through but I don't really
see there being a problem. I don't think it
will collapse or have a problem. I was told
that we don't even have to take the China out of
the China cabinet. So I trust that. They are
very good at what they do.
MEMBER GOEHRINGER: Is the floor stable
inside the building now?
MS. STEELMAN: Yeah. Yes. So we're
trying to save this building at an additional
costs to my clients. It is a lot less
expensive for them to tare this structure down
and build new. I don't think they are wanting
to do this. They have been in this house for
30 years. The house is quite charming and I
personally fell in love with it. It is the
only reason why I took that project. If my
clients would have said, I want to tare this
down and build new, I wouldn't have taken that
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project. I would have said, no.
MEMBER GOEHRINGER: How old is that
structure now?
MR. ROSE: It was built in 1909.
MEMBER GOEHRINGER: Is there any way and
I realize not because I have a survey right in
front of me, to make it more conforming in
reference to it's rear yard and bringing it more
forward a little bit? It's really tight. This
building can be brought up 35 and still be in
conforming?
MS. STEELMAN:
I don't know. I have
been very and keeping the structure and keeping
the location and maintaining the existing
footprint. And just adding on. I don't know.
There are adjacent properties that are a little
closer to the road, but I don't
CHAIRPERSON WEISMAN: I
that the Board would prefer in
know.
have a feeling
keeping the
character of the neighborhood and the footprint
that there -- (inaudible).
MR. ROSE: I work part time in
Cutchogue. I come out from New Jersey weekly
and I have been staying in the cottage. The
cottage is not insulated. So I am sleeping in
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that it
the no inhabitable
What are you doing
MR. ROSE:
cottage.
ZBA Town of Southold - December 2, 2010
the downstairs for the winter time in the out
cove.
CHAIRPERSON WEISMAN: You do realize
is in violation of the condition of
space for sleeping quarters?
for plumbing?
I am still using the
CHAIRPERSON WEISMAN: So the water is
not
shut off in the cottage?
MR. ROSE: No. My mother is in Peconic
Landing and her house is on the main road and I
will be switching to the main house. That is
heated. I will be switching over there. Once I
ask Eddie King to turn off the water.
CHAIRPERSON WEISMAN: And removal of the
bed?
MR. ROSE: I will take it out?
CHAIRPERSON WEISMAN: And what's going
on upstairs? No plumbing in there?
MR. ROSE: No.
CHAIRPERSON WEISMAN: That's fine. I
think we needed to set the record straight on
how that is being used.
MEMBER GOEHRINGER: Thank you Nancy for
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your candid review of the whole situation.
Where do we go from here in reference to
landmarks? What are we going to do? Are we
going to wait for their determination?
MS. STEELMAN: I can answer some of
that. Well, why we had initially gone in and
spoken with the landmarks on a preliminary
meeting was to get a general idea.
thought any real problems. Any red
are very hesitant because of past
If they
flags. They
situations,
mainly in Orient, to make any comment to us one
way or the other. If they accepting the project
or not. And that's in the letter that you
received. They will require of us to provide
100% a working drawing. Every thing designed.
Everything specified. Part of that application
to the landmark. They are the only Board in the
requires that. They want
county that
everything.
I have already told my clients I
don't want to start those working drawings
because it's very expensive and a lot of time,
if we have a working variance that we are going
to get an approval for. We are here. It is
accept or deny our application, before we start
on those drawings. Does that answer the
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question?
MEMBER GOEHRINGER: Does your client
have any particular problem with moving it
forward a little bit to make it a little more
conforming and try and create a better situation
between the rear of the structure and the best
structure. That is my request, not of the
Board. It is my application.
MS. STEELMAN: Expense, was Mr. Rose's
answer on that.
MEMBER GOEHRINGER: Why don't you give
us a figure on what the costs would be. No, no.
Not right now. Give me a figure based upon
that. I never realized it was as tight as it
was until I walked around.
was that close.
MS. STEELMAN: Costs is
I never realized it
one issue and
potential costs. Also, the landmark might deny
that. I am kind of a catch 22.
MEMBER GOEHRINGER: It's only 5 feet.
Give feet makes a big difference.
MS. STEELMAN: I don't think five feet
is a substantial problem. Okay.
MEMBER GOEHRINGER: What you have --
basically the things that save this
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structures on the bottom are these slabs. It
keeps the water away from the structure. It's
a very unique situation. And one of the
most architectural things -- the house is also
a really unique --
MS. STEELMAN:
It is.
CHAIRPERSON WEISMAN: We will always
condition our approvals to the CLA anyway.
MS. STEELMAN:
Right.
CHAIRPERSON WEISMAN:
procedurally.
MEMBER HORNING:
Gerry was asking though,
proposed new foundation,
of?
MS. STEELMAN:
So that is
Along the lines of what
I might ask the
what would it consist
At this point we are
then block it up to
that existing grade
it's on the perimeter.
doing a crawl space.
that. I need to maintain
of the interior house. So
That's it. I am not
I am not allowed to do
probably going to be doing a block foundation.
I don't want to lift the building up six feet
and then lower it down into a poured
foundation. So I think we will do a poured and
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a crawl space. It has
all the way around.
MEMBER HORNING:
figuring that the most
achieve that is lift
MS. STEELMAN:
MEMBER HORNING:
to be three feet down and
Nancy, you are
cost effective way to
it up --
Correct.
And put the foundation
directly underneath it --
MS. STEELMAN: Correct.
MEMBER HORNING:
MS. STEELMAN:
No changes of any --
Correct.
MEMBER HORNING: And you are going to
give us the cost estimate of what it would be
to move it five feet forward?
MS. STEELMAN: Yes. You are moving the
building now. We're not just lifting. You
know, it would be very hard to price that out
specifically. I can call Ernie and talk it with
him and have him give me a ballpark. Costs is
not just the issue.
CHAIRPERSON WEISMAN: I think more than
anything it would be a landmark compared to
accept the idea that the it would be somewhat
relocated.
MS. STEELMAN: Right.
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CHAIRPERSON WEISMAN:
increasing some of the
is practical. It will
I think that
space in the rear yard
create greater
conformity. The
be if the landmark is going to go for it.
don't want to go back and back and back.
would like to develop a process that is
necessary.
question that it's going to
We
I
Perhaps we can get some comments
from the Landmark's in which case it would be
a lot easier for us to see. I don't think the
costs is really that much of an issue. Also,
Nancy, could you provide the Board with a
written summary of the process lifting and
moving the structure and that greater detail
about the integrity of the structure --
MS. STEELMAN: Sure.
CHAIRPERSON WEISMAN: We want to have
in the record as mucg information that this is
that situation and not a tare down. And solely
because we want to avoid any problems.
MS. STEELMAN: Yes. Our architect who
-- believe me, I am very aware of that. We live
in an 1840's house. We have incrementally taken
a part and put back together. You would never
know it. It's historic.
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CHAIRPERSON WEISMAN: I am confident
that your firm has been very experienced with
that. But we would like to have it in the
record with getting us that specific
information.
MS. STEELMAN: I understand.
MEMBER GOEHRINGER: Is the porch going
to be supported the same way?
MS. STEELMAN: Yes. Continuos
foundation in that area.
be set up on some piers.
MEMBER GOEHRINGER:
The front porch will
I would say that it
is probably cheaper to do what I am asking then
doing it the other way. So that is just my
opinion and that would be one of my propositions
to the Board?
CHAIRPERSON WEISMAN:
MEMBER HORNING: No.
CHAIRPERSON WEISMAN:
questions?
MEMBER DINIZIO: No.
CHAIRPERSON WEISMAN:
here that would like to
(No response.)
CHAIRPERSON WEISMAN:
Any questions?
Jim, any
Is there anyone
address the Board?
Do we want to
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ZBA Town of Southold - December 2, 2010
close this and discuss comments and Landmark's
discussions (inaudible) or do you want to
leave it open? To look at the information
and then --
MEMBER GOEHRINGER: I would like to
leave it open for the purpose of the
information and response and then right after
receiving the response Landmark's that there
is a possibility that it could be move five
feet and then close the hearing.
MEMBER HORNING: I agree.
CHAIRPERSON WEISMAN: We can close this
matter or adjourn this matter to January 6th.
That may be the better way to go. Since there
are issues that need clarifying.
MEMBER GOEHRINGER: That's fine.
CHAIRPERSON WEISMAN: Why don't we do
that. Let's adjourn to January 6th at 1:30 and
ask you to submit the information that is
requested and our office will investigate the
Landmark's about the possibility of moving the
footprint.
MEMBER GOEHRINGER:
CHAIRPERSON WEISMAN:
Second.
I have a second.
All in favor?
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much.
MEMBER HORNING: Aye.
MEMBER GOEHRINGER: Aye.
MEMBER DINIZIO: Aye.
MEMBER SCHNEIDER: Aye.
CHAIRPERSON WEISMAN: Aye.
MEMBER GOEHRINGER: Thank you.
MS. STEELMAN: Thank you.
CHAIRPERSON WEISMAN: Thank you very
(See Minutes for Resolution.)
HEARING #6432 - Anne Marino and Bernard
Telsey.
CHAIRPERSON WEISMAN: Let us go back to
the application that we postponed and Anne
Marino and Bernard Telsey. Jim, would you read
the legal notice, please?
MEMBER DINIZIO: Do you want me to read
it again?
CHAIRPERSON WEISMAN: Right. You read
it. I am sorry. We opened it but held it to
you showed up.
MS. GIGLIO: Good morning, Madam
Chairman and Members of the Board. Thank you
very much for your patience in my late arrival.
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ZBA Town of Southold - December 2, 2010
I should had scheduled it for this afternoon if
possible. And I will do that as I have
standing appointments on Thursday morning.
I apologize. The application before you is to
request approval on the subject premises because
of the configuration of the lot. When the lot
was created there was a hardship in that
the back yard ceased to exist. This applicant
is requesting (inaudible) I believe
property has been staked. I am not
that the
sure if
you had a chance to visit the property. But
the property owner has agreed to put landscaped
buffers from the private drive right of way
that leads back to the other homes and
anything that the Board may see fit in putting
in the ultimate goal, which is a swimming pool
for their children to enjoy. If the Board
has any questions or recommendations we would
be willing to work with you and hoping to work
How are you? How
the right of way
I gave you my tax map, so.
homes that are set back
with us as well.
MEMBER DINIZIO: Hi.
many homes or dwellings does
serve?
MS. GIGLIO:
At least two other
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ZBA Town of Southold - December 2,
that use that
home.
2010
road to travel back to their
MEMBER DINIZIO: Two other homes?
MS. GIGLIO: Yeah, I believe so.
MEMBER DINIZIO: Looking at Old Harbor
Road, with respect to that itself, it appears
that there is a proposed pool location in
your yard. It would be in the rear yard.
MS. GIGLIO: The reason why the
applicant chose this location, if you can
look at the photos with the application, there
is a large tree approximately between where the
proposed pool location is and Old Harbor Road.
So that tree would have to be removed to
accommodate a pool in that location.
MEMBER DINIZIO: I have
questions.
CHAIRPERSON WEISMAN:
no other further
George?
MEMBER HORNING:
is triangular with Old Harbor Road, is
considered making it a front yard area
MEMBER GOEHRINGER: Yes.
MS. GIGLIO: It is a very unique lot.
CHAIRPERSON WEISMAN: And where are the
mechanicals going? That is not shown.
The right of way that
that also
too?
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MS. GIGLIO: That is not shown but I can
get that information for you. I can get it
back to you, if you would like? There isn't
another dwelling where any pool equipment
might be for concerns of
neighbors.
MEMBER GOEHRINGER:
surrounding
It is a relative
quiet area because
this property.
people. It is
sort of sound
that.
MS. GIGLIO:
of the trees in the back of
And so I mean, it could affect
really important to place some
(inaudible) enclosure around
Okay. So you're requesting
an enclosure around the pool equipment to
mitigate the noise?
MEMBER GOEHRINGER: That's correct.
MS. GIGLIO: I don't think that they
would have any objections to that at all. I
think they would even put some type of greenery
around so that it would maintain aesthetically
pleasing.
MEMBER GOEHRINGER: The pool is going to
remain unenclosed at all times?
MS. GIGLIO: That's correct.
CHAIRPERSON WEISMAN: I have no
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questions. Jim?
MEMBER DINIZIO: The pool is in the side
yard {inaudible).
MS. GIGLIO: If you want to limit it and
say that the pool equipment should not exceed to
the structure that us built around it --
MEMBER DINIZIO: You are the expert.
You tell us what would be required?
MS. GIGLIO: If they put it in front of
the framed garage then the garage would act as a
buffer to the properties to the south. So I
can recommend that location. If that is not a
goo location. I can go back to the pool
company and ask them where they think and then
resubmit to the Board for your approval. I
will get that to you.
CHAIRPERSON WEISMAN: Is there anyone
in the audience that would like to address this
applicant?
(No response.)
CHAIRPERSON WEISMAN: Hearing no further
discussion.
close this
of mechanical equipment.
MEMBER GOEHRINGER:
I am going to make a motion to
hearing subject to receiving location
Second.
ZBA Town of Southold - December 2, 2010 71
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CHAIRPERSON WEISMAN: Ail in favor?
MEMBER HORNING: Aye.
MEMBER GOEHRINGER: Aye.
MEMBER DINIZIO: Aye.
MEMBER SCHNEIDER: Aye.
CHAIRPERSON WEISMAN: Aye.
MS. GIGLIO: Thank you very much.
(See Minutes for Resolution.)
CHAIRPERSON WEISMAN: Now, our next
hearing is scheduled at 1:00. So I am going to
make a suggestion that we recess
deliberations? Is there a
MEMBER GOEHRINGER:
that I would suggest is that
come back at 12:45.
CHAIRPERSON WEISMAN:
need to address this. This
decision today.
MEMBER GOEHRINGER:
CHAIRPERSON WEISMAN:
on that motion?
MEMBER GOEHRINGER:
CHAIRPERSON WEISMAN:
for
second?
The only thing
we have lunch and
No, I think we
is our final
Okay.
Is there a second
Second.
Ail in favor?
MEMBER HORNING: Aye.
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MEMBER GOEHRINGER: Aye.
MEMBER DINIZIO: Aye.
MEMBER SCHNEIDER: Aye.
CHAIRPERSON WEISMAN: Aye.
(Whereupon, deliberations took place
off the record.)
HEARING #6417 - Louis and Elizabeth
Mastro.
CHAIRPERSON WEISMAN: The next applicant
Jim,
before us is Louis and Elizabeth Mastro.
would you read the legal notice?
MEMBER DINIZIO: "Adjourned from
9/23/10. Request for variance from Code
Sections 280-116(B) and 280-124, based on an
application for building permit and the Building
Inspector's June 14, 2010, amended and
Septe~er 8, 2010, Notice of Disapproval
concerning proposed demolition and
reconstruction of a new single family dwelling
at; t) less than the code required bulkhead
setback of 75 feet, 2) less than the code
required minimum side yard setback of 10 feet,
3) less than the code required total combined
side yards of 25 feet, 4) less than the code
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ZBA Town of Southold - December 2,
2010
required rear yard setback of 35 feet, located
at: 1595 Bayview Avenue, (adjacent to
Arsgamomque Harbor) Southold, New York.
Suffolk County Tax Map ~1000-52-5-9."
CHAIRPERSON WEISMAN: Is there
someone here to represent this application?
Please come forward and state your name and
spell it for the record.
MR. MASTRO:
M-A-S-T-R-O.
Louis Mastro, L-O-U-I-S
CHAIRPERSON WEISMAN: And do you also
want to state your name?
MS. MASTRO: Elizabeth Mastro.
CHAIRPERSON WEISMAN: Do you have a
copy of the LWROC to the Board? Local
Waterfront Environmental (inaudible). We have
a copy of that. We have a copy from Suffolk
County Planning indicating that it is a
local determination. And that they don't
have anything to do with it. And we have
something from the neighbor.
we just do this. We will give you copies.
Do you have any green slips that were
returned?
Okay, why don't
MS. MASTRO: Yes.
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ZBA Town of Southold - December 2, 2010
CHAIRPERSON WEISMAN: Would you please
submit them. Let me just give this to you and
that way if you have any comments to make
about any of these documents --
MR. MASTRO: It might be at home. Can
I comment about these?
CHAIRPERSON WEISMAN: Yes, you can.
You can comment about anything that you would
like. Just give us a minute.
MEMBER GOEHRINGER: Our notice that we
were required to post, was removed. And it
was definitely removed. It was taken off.
CHAIRPERSON WEISMAN: Somebody was not
happy. We have a set of drawings with this
site plan from the Richard Boyd Architect. This
is what's there now.
the new construction.
MEMBER DINIZIO:
take
do.
We didn't get a survey for
Everybody ready?
Yes.
CHAIRPERSON WEISMAN: Jim, why don't you
the lead? Let us know what you want to
MEMBER DINIZIO: Well, I want to hear
what the applicant has to say. I just have a
couple. You filled out a variance with
questions about (inaudible) with the character
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ZBA Town of Southold - December 2,
of the neighborhood,
that?
MR. MASTRO: Yes.
MS. MASTRO: Yes.
2010
do you remember doing
MEMBER DINIZIO: And the answer to
that was that the house would be in the same
location as the original house and the
would remain the same; is that true
setbacks
today?
MS. MASTRO: Yes.
MEMBER DINIZIO: So you are just
building in the same location?
MS. MASTRO: Absolutely. (Inaudible) --
additions to the front of the house and to the
back.
(Very far from the microphone.)
MEMBER HORNING: The footprint is hard
to work with.
MEMBER DINIZIO: What are the final
setbacks, do you have that with you?
MS. MASTRO: The setbacks from what?
MEMBER DINIZIO: The setbacks from the
water and the property water.
MS. MASTRO: We submitted that to you.
To the rear deck is 26 feet.
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house.
MEMBER DINIZIO: So 26 to the deck?
MS. MASTRO: Right. And 32 to the
MEMBER DINIZIO: And 32 to the house.
MS. MASTRO: Right.
MEMBER DINIZIO: On the survey you
don't have that. The front yard is fine. The
side yard, what are they going to be?
MS. MASTRO:
same way.
MEMBER DINIZIO:
10 feet and 3/4 inches.
We wanted to leave it the
have one side as
and 5
MS. MASTRO: And the other is 7 feet
inches from the house.
MEMBER DINIZIO: I have 7/11.
CHAIRPERSON WEISMAN: Notice of
Disapproval says that the side yard is 5 foot 1
feet. Which 10 is required by code. Both
side yards have
plan shows 15.5
rear yard of 30
a total of 25 feet. The site
feet combined side yards. A
feet to the high water mark
and 35 is required. And although it is not
on the site plan or the survey, the notice
indicates a 26
foot setback from the existing
25 bulkhead.
ZBA Town of Southold - December 2, 2010 77
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MS. MASTRO: (Inaudible) the property
is 50 feet. And the house is 27 feet. So
it has to be -- angle to one side more then
the other one. So it should actually be 10
and 10 on both sides.
MEMBER DINIZIO:
at a survey. You see the 7/117
MEMBER HORNING:
MEMBER DINIZIO:
shows 5.1.
MS. MASTRO:
CHAIRPERSON WEISMAN: No,
the chimney. Those are stairs.
MEMBER DINIZIO:
end of with a house
wide?
MS. MASTRO: 30.
MEMBER DINIZIO:
brand new house?
MS. MASTRO: Yes.
MEMBER GOEHRINGER:
very big.
Ma'am, we're looking
I see the 7/11,
The site plan here
right.
Could that be the chimney?
that is not
So you are going to
that is approximately how
You're going to build a
new proposal
And I realize
even larger but it's just
I realize it is to code but the
of the house is extremely large.
that it's going to be
This house is very,
In reference to the height of this.
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ZBA Town of Southold - December 2, 2010
-- it's much more amazing on this then what
exist presently.
So can you give us 10 and 127
MR. MASTRO: 10 and 12. You got it.
MEMBER GOEHRINGER: We got more on the
south side.
MR. MASTRO: That would be our entrance
way to get there. And if the wind blows from
the south, it's really nice. So if we could
leave that, at 12 and give you 10 on the other
side.
house.
right.
MEMBER DINIZIO: Straighten out the
Pivot it on that 12. And then 10. Ail
MR. MASTRO: Okay.
MEMBER GOEHRINGER: Can I ask one more
question, Jim?
MEMBER DINIZIO: Yes.
MEMBER GOEHRINGER: What can you give
us on the distance from the water? You're
looking for a 66% variance at this point.
MR.
Department
and
MASTRO: We met with the Health
and this is the water level high
(inaudible) -- spread it out.
(Far from the microphone.)
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MEMBER GOEHRINGER: The septic tank
has to be 10 feet away from the house. The
septic tank can be closer to the pool then
what's shown on the survey. So -- the house
can go back further.
MR. MASTRO: We have a well there and
the Health Department said we have to spread it
out.
MEMBER GOEHRINGER: I thought you were
in Town water?
MS. MASTRO: We're going to get in Town
water. (Inaudible.)
MEMBER GOEHRINGER: I'm sorry, it didn't
look like that when we went.
MR. MASTRO: We paid for the location.
MS. MASTRO: At this point, we're
disappointed in the whole
location is beautiful but
the home -- I mean,
situation. The
the problems with
the first time we moved in
here (inaudible) look at it what
and when we started looking into
things with the house (inaudible)
lot of termites. At one time --
came pouring in.
(Applicant not
it would costs
a couple of
There was a
(inaudible)
close to the microphone.)
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ZBA Town of Southold - December 2, 2010
MR. MASTRO: The rafters on the ceiling
was 2X4 construction. The foundation is
sifting on cinder blocks. Just sitting there.
The electric is all outdated. The plumbing is
There is nothing to save in the
leaking.
house.
MEMBER DINIZIO: I think we all
understand that. You know, what you want to do
is knock this down. What we're just trying to
do is just mitigate the variance because that's
our job. And I don't know if Gerry is satisfied
on why you can't move the house forward but if
you need to clear that up -- Gerry, how do you
feel about --
MEMBER GOEHRINGER: The
be moved back a little bit. It
septic tank can
has to be 10
feet off the house. I think we have to come up
with a setback where they have to give us you
know relief, if they are not going to give us
MR. MASTRO:
MEMBER DINIZIO:
like that.
MEMBER HORNING:
MEMBER DINIZIO:
What do you have in mind?
37 feet. Something
40.
37-40, something like
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that.
why we
MR. MASTRO: One of the main reasons
bought this was the view. And if we
start moving this back, we're going to lose
that. A lot of it.
MEMBER DINIZIO: It's a 75% variance at
this particular point.
CHAIRPERSON WEISMAN: Here is what part
of the dilemma is. The property owners are not
necessarily aware of the fact that if you
tare something down -- the argument about
building it right back where it was, is not
legally accessible. It is not. If you
renovate something that is there, that's a
different story. Something on a lanyard side,
that's a different story. You lose all of
your preexisting nonconforming setbacks. When
you have a demolition. What we are trying to do
here without completely starting from scratch is
that next door there is a house being built, you
know. A new one? It's set way far back from
the bulkhead and so the house right next to you
is set way far back from the bulkhead, compared
to what you're proposing. The small house that
has been there for a long tome is closer to the
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bulkhead. So we're obliged by law to grant
the lease variance if necessary. We're
looking at how far back from the bulkhead.
We're not saying you have to set
feet, but we're going to look at
then having it built 26 feet.
the Board is talking about.
it back 75
it someway
So that is what
You have 93 feet
in your front yard.
be a considerable amount
MEMBER DINIZIO:
That looks like that can
of room.
This foundation is
going to be three feet out of the ground.
The new aspect is going to improve as you go up.
And that's why we're asking for some
consideration with the bulkhead.
MS. MASTRO: Okay. We will consider
that. (Inaudible) the second half -- has all
the way at the end, I mean --
CHAIRPERSON WEISMAN: Those houses were
built when?
MS. MASTRO: The house next to us -- I
am sure it has been there but I don't know.
CHAIRPERSON WEISMAN: Well, when a house
that has been built before the code that's the
same (inaudible) but if they're taring it down
and rebuilding, then we will discuss it
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differently. But your house is not
repairable. It needs to be torn down. So
what we need time to do is -- you have an
empty lot now, okay, and how can we make this
as conforming to the code without causing undue
hardship. That's why we are here. To grant
relief from the code. You can meet the code.
If you met the code, then you wouldn't need to
be here.
MS. MASTRO: My question to you is, how
much do you want us to move it back? Right now
-- you want it 5 1/2 feet back?
MEMBER HORNING: If you were 75 feet
back, you would only need side yard variances.
MS. MASTRO: Okay. So what are you
asking us to move back?
MEMBER HORNING: As much as you can. We
draw up that number.
MS. MASTRO:
really.
That's a minimum number.
(Inaudible) -- I mean,
CHAIRPERSON WEISMAN:
reasonable.
MEMBER GOEHRINGER:
an idea on the septic system and how
have anyone representing you?
I think it's
I would like to get
-- do you
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MR. MASTRO: No.
MEMBER DINIZIO: There are a lot of
things that you may benefit from by
having somebody who is knowledgeable in how
the Town works. How to look at things. I am
not saying that you need one, because you
don't. Some people benefit from that and I
think you would, and be able to give us the
answers (inaudible). They will know about the
laws and where things have to go. You know, the
wells that are in the area. All of that stuff
for the reasons that
the house where it is. Okay.
make a decision on where do
you might need to keep
We don't want to
things go. I mean,
it is up to you. I think you understand what I
am trying to say to you.
CHAIRPERSON WEISMAN: You have already
indicated that the width of the house -- I think
probably reasonable would be that you go back
and -- architects and bring back some
modifications, a planner. Bringing back the
house. Show us how you are going to do the side
yard. Where this is going and bringing to
the road as much as you can. The architect
will tell you who to call and the proper help
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and what
know,
this
alternatives you might have. You
we can look at it again. We can adjourn
to next month and go and consult with
your architect and go
modifications.
MS. MASTRO:
over some of these
I have a question for you
guys. (Inaudible) cost effective -- (inaudible)
lift the house up and stay where we are.
CHAIRPERSON WEISMAN: That's a
completely different application and it's
pretty clear -- I don't
You've got mold issues.
get that mold out. You
know cost effective.
You are never going to
don't -- you have
nothing -- as
record,
score.
you just said on the public
the house is not salvageable on any
And for you to suggest that you would
put an addition and alterations based on
something that you just testified is not
salvageable and can not be maintained. It's
not going to work. It's not going to for you
and it's not something that this Board is
probably not likely to consider. You already
applied for renovations and it was not
feasible, which is why you are here. We're
certainly willing to work with you as the
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property owner, but we have to make it clear
to try and create more conformity for the
code. Otherwise, everybody would be arguing
the same thing. The law changed. The law
has greater awareness of the environmental
facts that is where these houses will go? Ken,
George, questions, comments?
MS. MASTRO: (Inaudible).
(Far from the microphone.)
MEMBER DINIZIO: My suggestion would be,
if you are okay with 40 feet, George is okay
with 40 feet. Gerry is okay with 40 feet. I
okay with 40 feet.
MEMBER HORNING:
MEMBER DINIZIO:
decision and close this
As a minimum.
We should make a
hearing.
CHAIRPERSON WEISMAN: If that is what
the Board wishes to do, if we grant
alternative relief based upon what you applied
for and these drawings, just so you understand
the procedure. If we were choosing to do that,
then you need to resubmit before you can get a
building permit and present to our office the
plans that show the relief that was granted.
other words, these drawings will not suffice.
am
In
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ZBA Town of Southold - December 2, 2010
You will have to submit new ones that show
the side yards, the front yard, you know the 28"
width, before we go further. You are going
to have to bring them to our office and then
we will stamp them and then make our decision.
So that they know these were the drawings that
were approved by this Board. That's the
procedure.
MEMBER HORNING: We are mentioning the
40 feet to the edge of the deck of the
bulkhead, is what we would find much more
acceptable.
CHAIRPERSON WEISMAN: Yeah, not the
house.
MS. MASTRO:
deck and the --
same thing?
MEMBER HORNING:
MEMBER DINIZIO:
situation here because
Okay. If we just do the
(inaudible) is that still the
Not necessarily.
You have a very unique
you have height. A lot
of people don't have height.
deal of height.
and it's a great
is in my opinion.
CHAIRPERSON WEISMAN:
You have a great
We have inspected that property
piece of property. It really
Anyone else?
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ZBA Town of Southold - December 2,
MEMBER DINIZIO: Let's agree
have the setbacks on the side. 28'
house. 40 feet from the bulkhead.
2010
to it. We
from the
CHAIRPERSON WEISMAN: What I am going
to tell the Board is to close or if they want
to see the (inaudible) come back one more time
and then -- I think because that way if we have
any questions, we can get the problem solved
right then and there. As opposed to -- what I
think I am hearing is, the Board's consensus is,
we will reconvene on January 6th at 2:00,
where you will come back to us and present
the site plan and in general with some
information as to how far -- how close to the
road you an bring this house while improving
whatever septic system. Okay. I think we may
grant you a closer setback to bulkhead then what
you are actually able to do. From an
engineering perspective how close to the road
can you bring this house with including the
septic
to do.
Town water but when --
MEMBER GOEHRINGER:
system in the front yard that you need
Then we can ask questions. It will be
When they build the
new house.
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ZBA Town of Southold - December 2, 2010 89
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CHAIRPERSON WEISMAN: YOU don't need a
well. You're going to hook up to public water.
The septic has to be setback from your
neighbors. So they need to know where the
neighbors well is on either side of them is.
It has to be a certain number of feet away
from the septic system from their adjacent
lot. If it's hooked up to public water then
that's another story.
MR. MASTRO: They are hooked up to
public water.
CHAIRPERSON WEISMAN: Then we have to
have that verified. Then you will have a whole
lot of flexibility.
MEMBER GOEHRINGER: We have the
letters.
CHAIRPERSON WEISMAN: Why don't you
address those letters?
MR. MASTRO: I think it's a little
unfair about some of
written about us. I
Southold for 50 years.
conscious. I always --
the things that were
have been coming out to
I am environmentally
(inaudible) and some of
the things that are in here are not very fair
on what was said. As far as I am concerned,
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there was one complaint. Because these are
both the same letters. One was signed and
one was not signed. As far as --
MEMBER HORNING: Let me shed some light
on that. I happen to do site construction and
I was there one day and I met the neighbors.
And they said "hey, we just sent this letter
complaining" or whatever and but we didn't
sign it. And I advised them, "hey, you know,
it's much better if you sign any statements that
you want to make. Sign it and send them in."
So I would agree with you. It's probably the
same source. Consider it to be the same
source because they were advised that
anything that they send in should be signed
and I am the one that saw them just out of
coincidence. And I was there and they came
out. And they told me that they had just sent
an unsigned letter in. And that was the
neighbor of the north side. So it would be
the same source more than
MR. MASTRO: Does
that it was two complaints?
MEMBER HORNING:
CHAIRPERSON WEISMAN:
likely.
the Board recognize
one complaint.
Are we good on
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closing?
SPEAKER: (Inaudible).
(Stepped away from microphone.)
CHAIRPERSON WEISMAN: No, we don't have
to inspect the site. We've been to the site
and we talked about --
MS. MASTRO: So we have to come back?
You are all done?
CHAIRPERSON WEISMAN: Yes, but we
are not necessarily. I am asking you to come
in with expert testimony. Either person, or
by your architect or in writing indicating the
closest that you can bring the house to the
street.
MS. MASTRO: Okay.
Very good.
CHAIRPERSON WEISMAN: You already said
you can create a 10 and 12 side yard setback
and show us that on the site plan, which is what
you got here, those changes. Once alternative
relief is granted, I am trying to save you any
unnecessary expense because we will still be
discussing. Is that acceptable with the
Board?
MEMBER HORNING: Yes.
MEMBER GOEHRINGER: Yes.
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CHAIRPERSON WEISMAN: Any one else
here that would wish to address this
application?
(No response.)
CHAIRPERSON WEISMAN:
further comments, I would
hearing to January 6th at
Being there no
like to adjourn this
2:00 p.m.
MEMBER GOEHRINGER: Second.
CHAIRPERSON WEISMAN: Ail in favor?
MEMBER HORNING: Aye.
MEMBER GOEHRINGER: Aye.
MEMBER DINIZIO: Aye.
MEMBER SCHNEIDER: Aye.
CHAIRPERSON WEISMAN: Aye.
Motion caries. Thank you.
(See Minutes for Resolution.)
HEARING #6388 - Regina's Garden LLC.
CHAIRPERSON WEISMAN: Okay, we're up
to Regina's Garden. I am going to move to open
up Regina's Garden LLC and make reference that
we have a letter from the applicant's attorney
requesting an adjournment for two months to
the February hearing in order to prepare a
presentation for the Board.
ZBA Town of Southold - December 2, 2010 93
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Let me first ask, is there any one here
that wishes to address the application?
(No response).
MEMBER GOEHRINGER: I make a motion that
we accept the letter.
CHAIRPERSON WEISMAN: I second that.
Gerry made a motion to accept the letter
and therefore will adjourn this hearing to
February 3rd at 1:00 p.m. okay.
Ail in favor?
MEMBER HORNING: Aye.
MEMBER GOEHRINGER: Aye.
MEMBER DINIZIO: Aye.
MEMBER SCHNEIDER: Aye.
CHAIRPERSON WEISMAN: Aye.
Motion carries.
(See Minutes for Resolution.)
HEARING %6426 - Mark and Sharon Melnick.
CHAIRPERSON WEISMAN: We're now on
Melnick application. And that's Gerry. We
opened it but we took no testimony and therefore
we want to -- we don't have to read the legal
notice. Why don't you come forward ans state
your name into the record.
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agent.
ZBA Town of Southold - December 2, 2010
MR. SIRICO: It's Michael Sirico.
I am
CHAIRPERSON WEISMAN: Just hold on
one second. We're just checking to see what
letters we have on our file. We have
letters from LWROC from the planning and from
neighbors. There is more than one neighbor. I
just want to see how many letters we have.
We have a letter from Patricia Berknell. We
have a letter from Carroll Simons and
Charles Arty. A letter from Elizabeth Prout, a
concerned neighbor. Carlo Volcan and Eve
Sieber. (Phenetic) That's it. Margerie
Stevens, Lenatto Delchice. Those are the
letters that we have on file.
copies of those?
No, I don't have
We will get you
Do you have
MR. MELNICK:
anything.
CHAIRPERSON WEISMAN:
a copy so you can address some of those
concerns. I was just advised that we should
re-read the notice because it was modified
and corrected in the legal notice. So I will
do that.
"Request
for code variance from Article
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III, Code Sections 280-15, based on an
application for building permit and the Building
Inspector's September 23, 2010, amended
October 13, 2010 Notice of Disapproval, in
concerning proposed accessory garage 1) less
than the code required front yard setback of
35 feet both front yards, 2) less than the
code required side yard setback of 20 feet,
3) square footage of more than the code
required 660 square foot at 405 Private Road,
to Jockey Creek)
to go ahead and
Shall I answer the
%3, and ROW, (adjacent
Southold, New York."
Would you like
present?
MR. MELNICK:
letters?
MEMBER GOEHRINGER: He's not going to
review the letters at the same time the
hearing is. You have two more to go.
MR. SIRICO: It is impossible to
address all of these letters. And remember
every one. But it's just impossible. The
particular issue here is the distance between
the right of way and the distance between the
side yard. Before this past hearing, you
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needed to
are going to give
situation.
know what the maximum distance you
us for this proposed
CHAIRPERSON WEISMAN: We needed to
have your names and spell them for the record
so the recording
are?
MR. SIRICO:
can pick them up. Who you
Michael Sirico. That's
S-I-R-I-C-O. I am the agent or contractor.
MR. MELNICK: Mark Melnick,
M-E-L-N-I-C-K. The homeowner.
CHAIRPERSON WEISMAN: Thank you.
MEMBER GOEHRINGER: The question is, are
you still going with the same plans or are you
going to scale the building back to 660 square
foot?
MR. SIRICO: We can scale the building
back to the 660 and by doing so, that would be
the setback of 3 foot making that to 5. If we
go from the 3 foot in the rear. Scale it back
to the 660 to get rid of that variance.
MEMBER GOEHRINGER: Now, what about the
distance from the right of way?
MR. SIRICO: The distance from the right
of way right now is 5 foot; correct?
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MEMBER GOEHRINGER: Yes.
MR. SIRICO: So it's 5 and 5.
MEMBER GOEHRINGER: How are you going
to reach the second floor of this proposed
garage, on a ladder?
MR. SIRICO: Yes.
MEMBER GOEHRINGER:
east to west?
MR. SIRICO: Yes.
MEMBER GOEHRINGER:
The gate will run
an overhang and you're
to get up there, on that
MR. SIRICO: Yes,
So you will have
still going to be able
side?
I believe so.
MEMBER GOEHRINGER: We originally had a
house application off of Young's Avenue. We
asked the builder that same question. And he
was talking about 8 at that particular point.
Usually people like to make a little bit bigger
of an overhang on their garages. I am just
asking that question.
MR. SIRICO: On that plan, what is
overhang, a foot, if I am not mistaken?
MEMBER GOEHRINGER: I don't have
that plan.
BOARD MEMBER: You're referring to the
the
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east side?
MR.
side.
SIRICO: I am referring to the east
where is your septic
garage?
MR. SIRICO:
well.
CHAIRPERSON WEISMAN: You know what,
system? By the proposed
We do have wells -- a dry
CHAIRPERSON WEISMAN: If you look at the
neighborhood, there aren't that many large
accessory structures there. They are not
typically as big as the one that you're
proposing. You have a very narrow right of
way for the neighbors to access their house.
Any problem with emergency, ambulance trying
to get in, you have to be very aware of not
blocking that option.
MR. SIRICO: Okay.
CHAIRPERSON WEISMAN:
The code permits
on your side, the maximum of 18 feet.
5 foot minimum, not maximum setback.
real narrow right of way.
consider not only a size,
With a
That's a
Are you willing to
with a conforming
height of 18 feet, the possibility if adding an
additional easement across your property in
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order to widen that 10 foot right of way? It
needs to remain open so that someone can
drive on it. Setting back your garage an
additional 5 feet from that. Which would mean
5 foot more along that right of way and 5
feet from that. So that's 10 feet. 25 feet
off the property line for the location of the
garage. At 1660 with 18 feet height, you
know it's a very big structure you are
proposing here from the character of the
neighborhood.
MR. SIRICO: You are saying moving it
an additional 5 feet and leaving it open over
there so that emergency vehicles could get
through. We have always had it open so that
emergency vehicles could get in. And then --
and that -- what you're proposing will not
interfere with the driveway?
CHAIRPERSON WEISMAN: The bottom line,
I just want to make
now what you're prosing is
property line.
MR. SIRICO: Right.
CHAIRPERSON WEISMAN:
25 feet from your property.
sure we're clear. Right
15 feet from your
I am proposing
And I am proposing
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an 18 foot height. 5 foot from the easement
and 5 foot off of that. That would make it 25
feet from your property. And you know
scaling it down. So 5 feet off of the side
yard property. And no evergreen plantings
there. Nothing that would obscure you know --
don't want an obstacle along that piece of
property. Just the garage.
MR. MELNICK: Can I park my car on
there?
CHAIRPERSON WEISMAN: No. No, that
is not a driveway. It would have to remain
unobstructed. You will have to park
somewhere else on your property. When you
have that easement that has to remain open.
MR. MELNICK: I understand that. On
the additional 10 foot, why wouldn't I be able
to park my car on there? You have that 15
foot space, which is what you need to get an
emergency vehicle through there. I am not
parking there permanently but if I have people
over and they want to park right over there, I
don't have a lot of room --
CHAIRPERSON WEISMAN: You have quite a
lot of room. I remember your house very well.
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You have a good deal of property.
MR. MELNICK: I wouldn't put planting or
things like that. Right now, people park
all over the right of way.
MEMBER DINIZIO: There are three fire
departments. They have ladder trucks. You
can consider Riverhead, if you want. But those
ladder trucks are not going to stop to that
house on the opposite side. So we're merely
wanting you that if you park something on there,
they are extremely cumbersome in reference to
their ability and you know, they need to get
there.
MR. MELNICK:
come to that property,
drive right across the
and my house, which is
If a fire truck had to
realistically they would
area between my garage
open. Which would put
them much closer to the existing house on the
property that we're talking about. And that's
where they would go.
deliveries go.
CHAIRPERSON WEISMAN:
That is where all their
That's probably
in part because it's such a narrow driveway.
MR. MELNICK: My point is -- I am
willing to do the 15 feet. I have no problem.
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I just want
area --
basis?
ZBA Town of Southold - December 2, 2010
to be able to park my car on that
CHAIRPERSON WEISMAN: On a temporary
MR. MELNICK: Absolutely. Like you
said, no fences. I don't want to say
something and someone coming back and saying
that "oh, you parked your car for ten minutes on
the right of way."
MEMBER DINIZIO: My original question
to your builder was, how big is your overhang.
They said 2 feet. We give a 5, you got 3. You
really need to give
1/2.
MEMBER HORNING:
garage, are you taking
us 8 minimum, we got 5 -- 5
Before you build the
the portable garage
down first? So that it's not an obstacle.
MEMBER DINIZIO: Who knows what's going
to happen in the future.
to put a ladder on that.
deal.
MEMBER HORNING:
You need to be able
It's not let's make a
How many cars are you
thinking about parking on a consistent basis?
MR. MELNICK: On an average basis? Not
a whole lot of cars. Maybe two. My children
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come to visit.
CHAIRPERSON WEISMAN: Why wouldn't you
be parking in the garage? Why would you
be parking between the garage and your
house?
MR. MELNICK:
there is still --
MR. SIRICO:
Well, once we go over
(inaudible).
Is there any way that we
can approve the height and do all the other
things?
CHAIRPERSON WEISMAN: I think that given
the character if the neighborhood and the
concerns that are here, that an 18 foot height
is really much more than -- (inaudible) to be
honest you have a very large house and a small
driveway (inaudible) at all. What you're
proposing is huge. So we're trying to allow you
to go have your garage, but do so in a way that
you can scale towards the nature of this
neighborhood.
(Whereupn Member Horning left.)
CHAIRPERSON WEISMAN: Let's see if
there is anyone else in the audience that
wants to address this issue? Please step
25 forward?
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MR. SIEPMANN: Good afternoon
Ms. Chairperson and the Board. My name is
Paul Siepmann. I am with the Law Offices
of Harvey Arnoff.
CHAIRPERSON WEISMAN: Can you please
spell your name for the record?
MR. SIEPMANN: Absolutely. "S" as in
Sam. I-E, P as in Paul, M-A-N-N. We have been
retained by to represent by Ms. Prout. I do
appreciate that the Board has reflected on the
application and allow me to express to the
Board not only that to the left, the proposed
changes Ms. Prout has some serious concerns.
It occurred to me that the applicant is looking
for a (inaudible) variance. The front yard
setback is, I believe {inaudible) does have
(inaudible). Then we have the side yard setbacks
and the square footage. It appears that you are
familiar with the neighborhood. I am not sure
if you have recently gone. I would encourage
all the members of the Board --
CHAIRPERSON WEISMAN: We have.
MR. SIEPMANN: Then I will also remind
the Board that in addition, there are trees
there that are not on the survey. Or at least
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a copy of the survey that I have, which
further narrows that access the premise to
the east of the applicant. I was over there
just this morning myself and in measuring
where the proposed corner of the garage is,
it's really in effect, extending into the area
(inaudible). When this right of way was
created many, many years ago. It was
(inaudible)
Emergency vehicles, perhaps the size
the road today, I suspect that as it
modern firefighting equipment.
of SUV's on
stands,
many deliveries will come to that address
(inaudible) because they can't find the house.
You can't really see it. It's a very narrow
right of way. Especially the view is not seen
by others. You can't see the house. The
structure that is proposed is many respect is
much closer to several of the residences in the
neighborhood. It's closer in size to the house.
To propose a two-story structure with dorm room
and (inaudible) with the possibility -- I am not
going to suggest that Dr. Melnick would be
looking at that as any sort of livable space or
that he would need any of those lines. I
understand that, but unfortunately, the
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structure is built. If Dr. Melnick, 10 or 15
years decides to sell it, that is basically a
small cottage sitting there. Separate entrance
right next to the garage. An upstairs. The
type of situation that we would respectfully
respect that the Board be aware of is the
variance request. So considering the fact that
you have a very narrow right of way. It would
be difficult for emergency vehicles to navigate.
Have a request for the setbacks which
encroach, I guess an 85% variance (inaudible)
it seems like a separate application for this
neighborhood. Looking at the survey, I know the
Board has already been there how jammed in this
property, the adjoining property and the other
properties are. I am npt suggesting that this
was a stage 2 plan for the garage but certainly,
the garage could have been done the first time.
To my clients property line as well. I would
ask that the Board deny this application. It
is not within the character of the neighborhood.
It's been through variances. I would remind
the Board that this is not a hardship for the
applicant. To the extent that he wanted a
garage, it should have been done at the time
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that the house was renovated or being built.
am -- we're sympathetic for the placement of
the dry well. Thank you.
CHAIRPERSON WEISMAN: Thank you. Is
there anyone else that would like to speak?
Please come up to the mic.
MS. PROUT: Hello, my name is Elizabeth
Prout, the owner of the adjacent property,
465. I had a statement that I was prepared to
read to you or hand out to you although, you
and your infimate wisdom touched on what I am
here. The only thing I would like to add to it
is that when Dr. Melnick renovated the house at
405, he poured down -- he had to tare down the
existing house in order to renovate and rebuilt
on the existing property line, which was 13
feet from the east side of the property. And
the side yards are supposed to be 20 feet
setback. He had 7 feet more. And my concern
is that anything else that he might erect on the
property, if they are less than that 13 feet,
sometimes it might decide to tare those down
and call it an existing property line and be
able to build again from that. Like he did
when he tore down the house that was there.
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That was on the east
I am talking about.
all of my other concerns. I am really not
good at public speaking and I really don't
want to be on TV. I also -- I also want to
maintain what I have. I want to be able to
live in my house. I had purchased the other
property to take care of my aging aunt with
dementia. She died in March. I was just
thinking about moving back to my cottage,
side of the property that
I think you have addressed
I was a child there. I was in the house all the
time since I was 18 and had to start taking care
of my aunt. And I enjoy my little house. And I
want to be able to get in and out of it. And I
don't want it to be obscured by a building.
Already I can't get UPS because they think
that is a driveway rather then another house.
Even with a sign up. Nobody realizes it. The
only people know are my plumber and Van User
(phenetic) user who actually delivers. Comes
in the right of way and through the other way.
I have never seen him go in the other way to
bring my oil. And they are always having
which is really my house that I've lived in
since I was a kid. You know, I had suramers when
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trouble backing in or out, which ever way it
is already. Anyway, I don't want to get too
emotional, but I appreciate you letting me
talk. And thank you.
CHAIRPERSON WEISMAN: Thank you.
Anyone else?
(No response.)
CHAIRPERSON WEISMAN: Any other
questions from the Board? Ken, Jim? Are we all
set on this?
MR. SIRICO: You're going to address her
concerns and what you're asking me to do, I will
redraw whatever, if that's
me -- I don't know.
CHAIRPERSON WEISMAN:
what's going to get
Is that all the
garage is going to have, electricity?
MR. SIRICO: There is no plumbing in
there. It's a typical garage with storage
upstairs for the purpose of storage.
MR. MELNICK: We don't have enough
space in the utility room, so we would be using
that for storage.
CHAIRPERSON WEISMAN: The only other
question that have since we talked about adding
another 5 to the right of way, we made decide,
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or at least I would like to have covenants and
restrictions placed on that easement.
MR. SIRICO:
property?
So we're giving up the
CHAIRPERSON WEISMAN: No, he owns the
property. I just want covenants so that
easement will remain an easement on the
property.
MR. MELNICK: Can I ask a question? Can
I have a definition of your easement?
CHAIRPERSON WEISMAN: Unobstructed.
MR. SIRICO: By any permanent structure?
CHAIRPERSON WEISMAN: Right.
MR. MELNICK: So if I have a service
man come to my house and they park there while
they are there doing whatever they are doing,
that's not violating the easement?
CHAIRPERSON WEISMAN: No.
MR. MELNICK: Okay.
CHAIRPERSON WEISMAN: If you are going
to keep cars permanently so that it
obstructs --
MR. MELNICK: No. My understanding is
that they are not obstructing it where they
can't be used --
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CHAIRPERSON WEISMAN: Anything
temporary --
MR. MELNICK: Anything temporary.
Just no permanent structures or parking?
CHAIRPERSON WEISMAN: Yes.
MR. MELNICK: What about on the adjacent
which is hers, has a fence there
property,
now?
MEMBER GOEHRINGER: Well, it would be
to her benefit to reduce the size so that you
have at least 20 feet going in. It would be
her benefit to do that. We're not suggesting
that she do it. I am going to tell you that of
these ladder trucks, which costs a million bucks
to buy, I am speaking on behalf of Mattituck,
which has a ladder truck. We want to get to
the fire. The purpose of the ladder truck is
to access the roof or the second story to bring
people put, if need be and they need to get
there. They need to have access to that.
They are probably not going to go through
your property. The main reason why, they
don't want to bury the truck in the property.
What they construe to be a road. And again,
I am not speaking on behalf of Southold Fire
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ZBA Town of Southold - Dece~ber 2, 2010
Department, which I have great amount of
emotion for. It's everybody's benefit to
leave 20 feet open and unobstructed over
that right of way and on the other side of
this garage. So that anyone can get there.
Any fire vehicle, any emergency vehicle, 24/7.
And I personally thank you for your cooperation
and so to your builder. I am in great hopes
that you will be able to enjoy your garage as
long as you want.
MR. MELNICK: So you're approving what
we did today?
CHAIRPERSON WEISMAN: What the Board
will do, Gerry will write up a draft,
presumably, incorporating the conversations
that we had. On December 14th at 5:00 o'clock,
the Board will be deliberating in the annex on
that draft. And what we come down to is
alternative relief requested based on what you
just said. At that point, what you would
be required to do before you get a building
permit is submit to our office
approval and stamping, a plan,
it's located, the 25
of the garage itself
for final
a survey, where
foot setback. And plans
showing 18 foot height
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ZBA Town of Southold - December 2, 2010
and 1660 square feet maximum. And when we
receive that, we will stamp it to the fact
that these plans now accurately describe,
and that will go to what we decide. And
then they will be prepared to grant you your
building permit. To let them know that's
what you're going to do and that's what the
Board approved.
MEMBER GOEHRINGER: I ask that you get
the plans back to us as fast as you can, so
this nice lady to my right, your left, can
assign a building permit -- decision, and you
can go along with your life.
CHAIRPERSON WEISMAN: And we will vote
on it. And once that is done, then we can
take the next step.
MR. SIRICO:
MR. MELNICK:
Thank you.
Thank you.
MEMBER GOEHRINGER: Thank you.
MS. PROUT: Elizabeth Prout, just
about that parking on the easement, I have to
have access to my driveway. When he has
service trucks, which could be installing
water at future days in the garage. I don't
want them blocking my right of way. I can't
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use my driveway. Even temporarily, when the
construction people who worked on
Dr. Melnick's renovation, they repeatedly
blocked my driveway and I had to go over and
ask if you could please move you vehicles so
I can get out. And everybody hummed and hoared
and 20 minutes later, they would get moving
and move them out of the way. So I am just
really concerned, that even temporary parking
on the easement is a real
me.
CHAIRPERSON WEISMAN:
disservice for
We're talking
about 25 feet from your property.
MS. PROUT: Okay.
CHAIRPERSON WEISMAN: Dr. Melnick and
his guests will have room. He will still
have 10 feet from the garage and you'll still
have. You're looking at 15 feet.
MS. PROUT: I just want my 10 feet.
CHAIRPERSON WEISMAN:
have more than 10 feet.
MS. PROUT: And I
more than I have ever had.
You're going to
am not asking for
CHAIRPERSON WEISMAN: You're going to
get more. You're getting 15 feet.
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MS. PROUT: Okay. An extra 5 feet. I
would still like to have the east side of
his building even with his house as opposed
to -- from my property line. And if you guys
would like, I do have what I have written and
I do have copies for everyone.
CHAIRPERSON WEISMAN:
it. That's fine. Is there
that we haven't discussed?
You can submit
anything in there
MS.
CHAIRPERSON WEISMAN:
code issue.
MS. PROUT:
MEMBER GOEHRINGER:
PROUT: There may be. (Inaudible).
That then becomes
I am going to shut up.
Thank you.
I didn't
mean it that way. I was just saying thank you,
not thank you that you shut up.
CHAIRPERSON WEISMAN: Are there any
other questions or comments?
MR. MELNICK: I think that really
needs to be addressed, but I am not sure that
it was understood. That says 24/7 unobstructed
access. So what she is referring to is when
they restored the water main, Suffolk County
Water came in and a plumber came in to do
whatever they need and run the lines. And she
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comes out very agitated telling them to come
off her property. It wasn't on her property.
It was a right of way. It was obstructing it
temporarily. So my understanding from what
you are saying, if I have a service person
that needs to -- during the construction -- like
I said, during the first time, she yelled.
I said keep off there. She's --
MEMBER GOEHRINGER: But Doctor, that's
the reason why 5 and 5. So you're going to
end of with more than 15 --
MR. MELNICK: Okay.
MEMBER DINIZIO: This lady has a right
to have access to her property 24/7. That
right of way is across your property, which you
agreed to in your deed. That has to remain
unobstructed. It's not incumbent upon her to
go ask Butt and move. It's incumbent upon you
to stay on your property and offer her, her
driveway.
MR. MELNICK: Okay.
MEMBER DINIZIO: That's the way it
should be.
MR.
property.
MELNICK: You keep saying on my
It is my property.
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ZBA Town of Southold - December 2, 2010
MEMBER DINIZIO: And you can't block
that right of way.
CHAIRPERSON WEISMAN: The easement
requires an unobstructed driveway.
MR. MELNICK:
introduce something.
the surveys.
Okay. Can I just
I just wanted to give
CHAIRPERSON WEISMAN:
MR. MELNICK:
just has the --
CHAIRPERSON WEISMAN:
Okay.
It's the same
you
survey. It
Thank you.
MR. MELNICK: Thank you for your time.
CHAIRPERSON WEISMAN: Any other
comments?
MS.
property that he is talking about was there
before my parents bought the property in 1955.
Long before any of Southold's Town codes had
been written.
CHAIRPERSON WEISMAN: Most of the
We're aware of.
PROUT: The accessory building on my
structures.
MS.
irrelevant.
PROUT: Introducing that is
CHAIRPERSON WEISMAN: Hearing no further
comments, I cam going to make a motion that we
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close and reserve decision.
MEMBER GOEHRINGER: Second.
CHAIRPERSON WEISMAN: Ail in favor?
MEMBER GOEHRINGER: Aye.
MEMBER DINIZIO: Aye.
MEMBER SCHNEIDER: Aye.
CHAIRPERSON WEISMAN: Aye.
Motion carried. Thank you very much.
(See Minutes for Resolution.)
HEARING %6425 - Thomas V. Perillo, Jr.
CHAIRPERSON WEISMAN: Our final
application today is for Perillo.
continuation. So we don't need to
legal notice. If you can just
This is a
read the
state your
name for the record.
MS. MOORE: Patricia Moore, on behalf
of Mr. And Mrs. Perillo. I have Mr. Perillo
here with me. So if there are any questions, I
will defer to him. Some of you are familiar
with this property and this application because
Mr. Perillo asked the Board to relocate the
right of way from where the proposed garage is
today. To be relocated on the east side of the
property. That was all part of building this
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garage. And in that time the code changed.
So we're here for a variance request for the
setbacks of the small -- very normal, no more
than 18 feet in height, residential garage.
At 5 feet from the property line. We amended
the application because of it's positioning.
It's next to a patio. So it's technically
considered in the side yard as well. So those
variances are before you. The garage is -- for
obvious reasons, placed in the side yard
because to place it in the rear yard, it
would obstruct the water front views. This is
a waterfront piece of property. It would allow
applicants on water front property to construct
a garage on the front yard. In this case, it
really wouldn't make sense. First, it was
intrusive to the neighbors. Secondly, the
house is pretty close to the front yard setback
and with most likely be pushed towards the
side yard even further. Blocking windows light
and air. This is the optimal location.
Mr. Perillo and Mrs. Perillo have owned the
property since the 70's. This is the location is
where the garage would be. There is a shed
presently located. And it is also in the
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vicinity of where his car pulls in and parks.
And he goes in through the back of the house
through an entry way. This is -- it gets you
inside the house. So all in all, this is
the proposed location that is best for the
Perillo family given the interior layout of
the house. The existing house does not have
garage. So this would be a sole garage for the
residence.
Any questions that you might have?
CHAIRPERSON WEISMAN: Yes, I did have
one. The way that this is on the existing kind
of curved driveway in that it stops at that
deck --
MS. MOORE: Yeah.
CHAIRPERSON WEISMAN: Is a car supposed
to be going in and out of that?
MR. MOORE: When this garage is built,
the french doors are actually facing the water.
So the driveway will be changed to go into that
garage. It's only showing the existing
conditions. We're not showing the proposed
driveway.
CHAIRPERSON WEISMAN: That would make
more sense. You are looking at 5 foot
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setback?
MS. MOORE: Correct.
CHAIRPERSON WEISMAN: Site inspection
shows that there is a right of way --
MS. MOORE: No --
CHAIRPERSON WEISMAN: That's the
existing one. Can you talk a little bit about
what the impact is going to be for the garage in
the neighboring properties?
MS. MOORE: Well, the only neighbor that
might be impacted is the property identified as
Emily Schneider. That -- the side of where
this garage is proposed has always been the work
area of the house. Storage area. Residential
of course. The shed is there. The boat is
there. Just miscellaneous things that
accumulate. The Schneider family, there is
actually a privet that runs the entire length of
that property line. So it creates a buffer as
far as the privet goes.
CHAIRPERSON WEISMAN: On whose
property?
MS. MOORE: The privet goes --
(inaudible) it kind of straddles the property
line.
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CHAIRPERSON WEISMAN: How high is the
proposed garage?
MS. MOORE: Within the 18 foot. It's a
minimal car garage.
MEMBER DINIZIO: Is there any reason why
you didn't do this before?
MS. MOORE: Well, I didn't have
approval for the garage and it was anticipated.
First we needed to get the lot line approval
first and in the interim and here we are.
CHAIRPERSON WEISMAN: Gerry or Ken, any
questions?
MEMBER GOEHRINGER: No.
CHAIRPERSON WEISMAN: It doesn't look
like you can move it over. The only thing you
can do is straighten it out a little bit to make
the whole thing --
MS. MOORE: It's actually positioned
just parallel to the house. So it looks
cosmetically --
CHAIRPERSON WEISMAN: The lines on the
paper don't show up in the real works like a
dimensional map, like the house. So it's
minimal at 5 feet. It's not a large structure.
I don't have any further comments. Unless
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ZBA Town of Southold - December 2, 2010
Perillo wants to make any comments
the
Mr.
himself, I don't see anyone else in
audience.
MS. MOORE: Okay.
CHAIRPERSON WEISMAN: Any other
questions from the Board?
(No response.)
CHAIRPERSON WEISMAN: Bearing none, I
will make a motion to close and reserve
decision?
MEMBER GOEHRINGER: Second.
CHAIRPERSON WEISMAN: Ail in favor?
MEMBER GOEHRINGER: Aye.
MEMBER DINIZIO: Aye.
MEMBER SCHNEIDER: Aye.
CHAIRPERSON WEISMAN: Aye.
MS. MOORE: Thank you.
CHAIRPERSON WEISMAN: Thank you very
much.
(See Minutes for Resolution.)
CHAIRPERSON WEISMAN: So we have
concluded all of the work on the agenda. So I
am going to make a motion to close this
regular meeting of the Board of Appeals.
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ZBA Town of Southold - December 2, 2010
MEMBER GOEHRINGER: Second.
CHAIRPERSON WEISMAN: Ail in favor?
MEMBER GOEHRINGER: Aye.
MEMBER DINIZIO: Aye.
MEMBER SCHNEIDER: Aye.
CHAIRPERSON WEISMAN: Aye.
(Whereupon, the public hearings
for December 2, 2010 concluded.)
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I, Jessica DiLallo, certify that the
foregoing transcript of tape recorded Public
Hearings was prepared using required electronic
transcription equipment and is a true and
accurate record of the Hearings.
S ignat ur e .'~q~l ~ t~L~
Jessica DiLallo
Jessica DiLallo
Court Reporter
PO Box 984
Holbrook, New York 11741
Date: January 22, 2011