Loading...
HomeMy WebLinkAboutZBA-07/16/2020 Special TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK: STATE OF NEW YORK -------------------------------------------------------------------------------------- TOWN OF SOUTHOLD ZONING BOARD OF APPEALS --------------------------------------------------------------------------------------- Zoom Webinar Video Conferencing Southold, New York ZBA Special Meeting July 16, 2020 5:04 P. M. Board Members Present: LESLIE KANES WEISMAN - Chairperson/Member PATRICIA ACAMPORA—Member ERIC DANTES— Member ROBERT LEHNERT— Member NICHOLAS PLANAMENTO— Member 1 KIM FUENTES—Board Assistant MATT HOGAN —VHB Constultant WILLIAM DUFFY—Town Attorney ELIZABETH SAKARELLOS—Office Assistant DONNA WESTERMANN —Office Assistant I July 16, 2020 Special Meeting ZONING BOARD OF APPEALS SPECIAL MEETING JULY16, 2020 CHAIRPERSON WEISMAN : Hello everyone and welcome to the Southold Town Zoning Board of Appeals Special Meeting for Thursday,July 161h. I'm Leslie Weisman I am the Chair of the Zoning Board of Appeals and I will be conducting this evenings meeting. This Special Meeting is being held virtually via the Zoom Online platform pursuant to New York Governor Andrew Cuomo's executive order 202.1, in person access by the public will not be permitted. This meeting is public however it does not constitute a public hearing. Testimony from the public may not be solicited or received. The public will have access to view and listen to the meeting as it's happening via Zoom right now. Details about how to tune in or call in have been published on our agenda and in the local newspaper. In addition a recording and, a transcription of the meeting will be available at a later date. Thank you all for your patience as all of us learn to get used to a new standard for conducting our meetings on line in light of the current health pandemic. BOARD ASSITAN,T : Leslie do you want to do a motion to open? CHAIRPERSON WEISMAN : Yes I'm going to do that in a minute but I'm just going to ask Matt did you want to'�give anybody any instructions at this point on how to participate and then I'm going to formally open the meeting? MATT HOGAN : I'd love to thank you Leslie. So for those of you who are joining us if you're here to comment on a specific item, if you can do us a favor and use the Q&A button on the bottom of your screen and just send us a quick note with either the application number or the name of the item that you're here to comment on that'll help keep things organized later. This meeting is being recorded and if you have any other questions throughout go ahead and use that same . Q&A feature or if typing is a difficulty for you or you prefer to speak on mike you can click the raise hand button and we can temporarily allow you to unmute and talk. That 'should cover it, back to you. CHAIRPERSON WEISMAN : Okay thank you. Now I'm going to make a formal motion to open the Special Meeting of the Zoning Board of Appeals, is there a second? MEMBER ACAMPORA : I'll second it. CHAIRPERSON WEISMAN Member Acampora seconds it. This is not a resolution it's just a motion so I'm not going to ask Kim to call the roll. By a show of hands all in favor please raise your hands. I see everyone has unanimously voted to open the meeting. So the first agenda July 16, 2020 Special Meeting item on here is for Hard Corners Properties LLC and this matter was heard at the last hearing and it was adjourned to today subject to SEQRA. We have received some-requests MEMBER PLANAMENTO : Leslie pardon me, should I turn off'my video and ask Matt to invite me back in I'm recused from this application? CHAIRPERSON WEISMAN : Oh I didn't realize you were recused. MEMBER PLANAMENTO : So I'm going to turn off and Matt if you would be so kind just to ping me when I can reenter. MATT HOGAN : Sure I'll send you a chat message. CHAIRPERSON WEISMAN : Member Planamento has left. The point is we had a request to consider discussing a draft decision that we do have on the agenda for later but this was being prepared in recognition of the fact that we needed a completed SEQRA determination. The Planning Board as I said at the Public Hearing and the request was to consider a determination conditioned upon a SEQRA determination from Planning. In my experience that's a highly unusual move on an unlisted coordinated review but Bill let me let you chime in and see what your opinion is here. T. A. DUFFY : I've never really crossed it myself and that doesn't mean it can't be done but I need the opportunity to research it and also amend any draft resolution that the Board was so inclined to grant that conditional approval. We'd have to amend the draft also so I apologize, the applicant just I didn't have enough time to get it done today and I'll start researching it and hopefully we'll get an answer soon. CHAIRPERSON WEISMAN : Okay well I'm going to put that on for I will then make a motion to adjourn this to the next meeting and between now and then Bill will be doing some research to give us his advice, legal opinion on what is possible. Perhaps there's something I don't know also but we simply can't make a decision unless we know how we have to handle SEQRA legally. That's a very complicated process so thank you,Bill for your willingness to do that and so I'm going to make a motion to adjourn this item to the Regular Meeting on August 6th and to subsequently table the draft resolution the draft determination to the next meeting also. Is there a second on that? MEMBER ACAMPORA : I'll second that. CHAIRPERSON WEISMAN : Member Acampora has seconded the motion. Kim will you call the roll please. 3 July 16, 2020 Special Meeting BOARD ASSISTANT : Okay so we are voting on adjourning to the next meeting and also tabling the draft that we have? CHAIRPERSON WEISMAN : Correct. BOARD ASSISTANT : Okay and we'll do that in one vote? CHAIRPERSON WEISMAN : No I'm going to ask you to call the roll. I've got a second from Member Acampora and we'll just call for a voice vote please. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Motion carries unanimously. We'll see what Bill can come up with. The next item before the Board is for Aleksander Myftarago # 7346. This was closed subject to receipt of an amended survey showing a smaller garage with additional setbacks and lot coverage conforming to what currently exists. We have not yet received that documentation. As a consequence I'm going to table this decision because it is already closed. It's just that we can't deliberate till we receive what we've requested so this is a motion to table the decision and we'll put it back on again for the August 6th meeting assuming we will receive what we need by then. Is there a second? MEMBER LEHNERT : I'll second it. CHAIRPERSON WEISMAN : Member Lehnert seconds the motion. Kim will you call for a voice vote please. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. July 16, 2020 Special Meeting BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSISTANT : Member Dantes votes aye. Member Lehnert how do you,vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes-aye. CHAIRPERSON WEISMAN : Motion carries unanimously. BOARD ASSISTANT: We have someone from Rimor here. CHAIRPERSON WEISMAN : You know what, let me do one or two more in case somebody else also joins for that one cause that's way toward the end of the meeting and if some more people come on then I'm certainly going to move it forward. I don't want to give people I want to make sure everybody has an opportunity to hear the deliberations that they're interested in so let me hold off on that for a minute. Let's go on to Urman and Spiller#7383. Everybody has the draft. MATT HOGAN : Excuse me for interrupting, I just want to check with we do have one person on the phone we have a phone number ending in **** and I just want to give them a moment to just let us know if there's a specific item that they're here to comment on. You should be able to go ahead and talk now the phone ending in JAMES MINT,O : Oh good afternoon this is James Minton. CHAIRPERSON WEISMAN : Okay thank you. There's someone named Ruth on here, what application is she here for? MATT HOGAN : Ruth you can go ahead and talk if you'd like. RUTH METCALF : I was for the Hard Corners. I think you just tabled it so that's all I was listening to. CHAIRPERSON WEISMAN : Oh fine, okay. Thank you Ruth. So we have one for Minton and we have one for Rimor. (inaudible) a few minutes and then I can move it around. Just for those of July 16, 2020 Special Meeting you listening, just to let you know that as a courtesy although things are schedule in a certain order on the agenda, typically I would attempt to move items around on the agenda depending on who was here so that people don't have to sit through a very long meeting waiting for whatever it is they're interested in unless of course you want to sit through the meeting in which case you're more than welcomed. So let's get on to Urman and Spiller which there is a draft here, Eric do you want to walk us through this particular one please. MEMBER DANTES : This is an older house in Southold and it has a pre-existing it has an existing non-conforming setback that has variance relief from time in 1979 and the application is to redo the house and maintain the existing setback. So I've made the draft to improve the variance relief as requested. CHAIRPERSON WEISMAN : Well there, is a slight reduction actually because it's a corner lot caused by the second floor balcony on the north elevation. It's reducing the front yard setback from Lake Court by 2 feet but then again it's a really curved street and it's a dead end on a cul de sac with only one other house on it. Does. anybody have any comments on this draft? Everybody has read all of these in advance so MEMBER PLANAMENTO : If I may sorry, Kim under Town Law No. 2, I've seen there's just a word that doesn't belong in the first sentence so if you're able to delete the word "or". CHAIRPERSON WEISMAN : Oh yes thank you, Nick. There's a condition on this Eric do you want to read what that is? MEMBER DANTES : Existing and proposed wood walkways, steps and landings on the subject property must conform to building codes. CHAIRPERSON WEISMAN : Right, okay so do you want to make a motion then? MEMBER PLANAMENTO : Can I ask a question about that Eric? Leslie there's a lot a substantial amount of wood walkways what happens if that condition if the applicant needs to come back for a variance relief or anything, is there anything in there that might be flagged do you think? CHAIRPERSON WEISMAN : Not really, maybe Bill can answer that but landings and steps and so on generally are not part of setbacks although in this case there's so extensive MEMBER PLANAMENTO : Yea it's like a boardwalk. CHAIRPERSON WEISMAN : but we are approving the site plan and with them in place so I would not see the need for any return variance. I'm only suggesting that it really be important that it would be safe because there's such an extreme angle on some of those walkways that I mean you know you could kill yourself trying to get up and down them and I just want the Building 6 July 16, 2020 Special Meeting Department to be on notice to put some eyes on it to make sure that it's to standard building codes that's all. MEMBER PLANAMENTO : Good I just don't want to see them flagged and they have to come back and we create a situation where they would have to come back so thank you: CHAIRPERSON WEISMAN : If there is a 'problem like that they always have the right to request a de minimus of some sort which does not require a hearing or anything so there's a backup in case that happens but I don't think it will. Okay so Eric has made a motion for a conditional approval, is there a second? MEMBER ACAMPORA : I'll second it. CHAIRPERSON WEISMAN : Seconded by Member Acampora. Kim would you call the roll please? BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you-vote? MEMBER DANTES : Aye. BOARD ASSITANT : Member Dantes votes aye. Member Lehnert how do you,vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Why don't,we go to-Minton Irrevocable Trust now and then we will go to Rimor. So get your drafts on that one. MATT HOGAN : I assume we're going to want to unmute Mr. Minton for this one? CHAIRPERSON WEISMAN : Not really because he's not able to provide testimony. He can hear us though right? July 16, 2020 Special Meeting MATT HOGAN : Okay I'm sorry for the misunderstanding that's correct. CHAIRPERSON WEISMAN : He's just here people are here to hear us deliberate. The only time we unmute them is cause we want to know what they're here for that's all. Rob would you walk us through this draft. MEMBER LEHNERT.: Minton is an as built porch addition with a rear yard setback of 1.6 feet where they're required to have 35. It's basically an old family house. They've had their application they have C.O.'s for everything, septic work, there's no problems with the neighbors so basically I'm asking to grant the variance as applied for with the condition that the as built porch shall remain unconditioned space and shall not be enlarged. CHAIRPERSON WEISMAN : Does any board member have any comments on this. We're familiar with the neighborhood, there's a lot of non-conformity along that private road access road. Anything from the board members? Nope, okay well then Rob would you like to make a motion please. MEMBER LEHNERT : I make a motion to grant the variance as applied for with the conditions listed. CHAIRPERSON WEISMAN : I'll second it. Will you call the roll please Kim. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSITANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT :Aye. BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do•you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes aye. July 16, 2020 Special Meeting CHAIRPERSON WEISMAN : Motion carries. Mr. Minton if you're still on and you can hear us which I think you can, I will go in probably tomorrow or Monday the latest and sign this decision which will then be sent to the Town Clerk. You can get a copy of it, we will mail you a copy an'd since it's already built I don't think you have a great deal or urgency but it will be mailed to you after I go in to sign it to legalize it. Thank you for joining us. Now let's move on to application #7398. This is Rimor Development, LLC Harvest Point Condominium. Nick can you provide an overview of this application,this draft. MEMBER PLANAMENTO : Absolutely, the application is for a 10 foot high black chain link or black vinyl chain link fence surrounding a previously site plan approved tennis court at a 124 unit condominium complex in Cutchogue.The tennis court was approved by the Planning Board with a 4 foot high fence as the code allows it and the applicant'is seeking of course the 10 foot high fence that I just mentioned. While there was one neighbor that spoke I don't want to say against the application they sent a letter requesting that there be screening included to shield their view over the tennis court. It was discovered that the neighbor's property and improvements were quite a distance 'away plus as part of the town approved site plan process there's a 50 foot wide buffer literally at the shoulder of the tennis court so' it's in the property line. The tennis court is approximately 50 feet from the lot line and the area is a non- disturbance natural buffer so I don't know if any additional landscaping beyond the previously approved landscaping plan is required but I offered a decision to grant the relief as applied for. CHAIRPERSON WEISMAN : So we have a motion is there a second? MEMBER LEHNERT : I'll second it. CHAIRPERSON WEISMAN :'Seconded by Member Lehnert. Kim please call the roll for voice vote. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? ' MEMBER DANTES : Aye. BOARD ASSITANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. ' BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. July 16, 2020 Special Meeting BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Motion carries unanimously. The next application before the Board is for Paul M. Fried and Elizabeth O'Brien Fried. Nick you were recused on this one were you not? MEMBER PLANAMENTO : Exactly, I'm going to turn myself off. If somebody can ping me I'll come right back to join the meeting. CHAIRPERSON WEISMAN : Pat would you review this application for us please. MEMBER ACAMPORA : Sure, this was an application for a request for a Special Exception to the owners wish to have authorization to legalize an accessory apartment which is in an accessory structure a garage on their property. At the public hearing the owners were present. They were attempting to get a note from Suffolk County Board of Health with regard to the new septic system that they had installed and we have requested. As to date so far we haven't received anything so I put that basically in the conditions. CHAIRPERSON WEISMAN : Actually Pat we did. MEMBER ACAMPORA : We did? CHAIRPERSON WEISMAN : Yea and I updated that. It's in additional information. We got everything they said they had. They got an approval that was incomplete cause they had to submit some surveys, it's all in additional information. Here it is survey indicating by Suffolk County Department of Health, received a copy of a notice of incomplete final approval from Suffolk County and then inspection completion report, a copy of the engineered drawings of the septic the as built so all we did was put a condition on it asking for a final approval to be submitted to the office for our files but they're good to go they're okay. MEMBER ACAMPORA : Alright so I make a motion then to grant the Special Exception for the accessory apartment in the existing accessory structure as applied for with the following conditions that the code enforcement officer each year there needs to be an annual renewal by the applicant. It's their responsibility to apply for that at the Building Department. Also no. 2 that the applicant shall submit a final approval from the Suffolk County Department of Health Services along with a signed and sealed engineered drawing stamped and approved by the Suffolk County Department of Health. No. 3 that this Special Exception permit cannot be transferred to new owners shall the applicants sell their property. I so move. 101 r July 16, 2020 Special Meeting CHAIRPERSON WEISMAN : Okay is there a second? MEMBER DANTES : I'll second. CHAIRPERSON WEISMAN : Seconded by Member Dantes. 'Kim would you please call a voice vote. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSITANT : Member Dantes votes aye. Member Lehnert,how do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Motion carries unanimously. Matt can you bring Nick back in tell him to come back and join us. Welcome back. Next application here we have a draft for#7386. This is 860 Bayview Drive. Nick can you review the decision for us? MEMBER PLANAMENTO : Yes this is an application for a residence in Gardiners Bay Estates and it's a waterfront property where the owner is applying for a variance for a front yard setback relative to a garage building. I guess what actually happened was the garage was built in a proposed compliant location but then it was discovered that the actual structure because of overhangs that the eaves extended 2 feet in actually it was a volume of about 3 sq. ft. into the front yard setback so it was a very modest request for a variance but a request nevertheless. The front yard setback is supposed to be 40 feet, the application is for an as built property at approximately 36.6 feet. This is an as built garage structure and basically I'm suggesting that we grant the relief as applied for however condition the property that the garage not be expanded in any way, that a second story or a loft not be permitted without further review by this Board., July 16, 2020 Special Meeting Additionally there are some conditions that are sort of automatic for when a structure is an as built application which are standard. I don't know if I should review those right now. CHAIRPERSON WEISMAN : No I think basically that's a very small variance. MEMBER PLANAMENTO : I think the owner was I don't want to say apologetic but these things happen with the foundation (inaudible). There's a curve in the road and it's very hard to judge exactly where 40 feet is despite the application to place it in a compliant location. The owner incidentally was before us in 2018 and the site has multiple variances on it. It's a double road frontage sort of waterfront property. CHAIRPERSON WEISMAN : Okay so we have a motion to grant as applied for with a condition, is there a second? MEMBER ACAMPORA : I'll second. CHAIRPERSON WEISMAN : Seconded by Member Acampora. Kim would call for a voice vote. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSITANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Motion carries unanimously. The next application before the Board is for#7389, that's Maureen Benic. Pat would you review this draft for us please. MEMBER ACAMPORA : This is an application to permit and legalize an as built accessory pergola which is not located in the back yard. This is a waterfront piece of property. It's a very strangely 3.2 July 16, 2020 Special Meeting shaped piece of property so for the applicant there really was no other place to locate the pergola and they were looking to have this they already had a slab down so the pergola was just going over the slab where they could use that for some type of shade in order to be able to stay outside. So I move that we grant the variance as applied for, so moved. CHAIRPERSON WEISMAN : So this is a side yard location. By the way it's just a very open structure, there's no roof over it it's a pergola. So it's really just all framing and it's permeable. MEMBER PLANAMENTO : If I may I'd like to make a motion to second, however I just want to point out one detail that Kim may have already caught. After relief requested it says additional information for a new paragraph, I think that should be deleted. CHAIRPERSON WEISMAN : Alright that's fine. MEMBER PLANAMENTO : And I make a motion to not a motion I second the motion. CHAIRPERSON WEISMAN : Member Planamento seconds the motion. Kim please call for the vote. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSITANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Motion carries unanimously. Eric Frend is next#7370. MEMBER ACAMPORA : This is an application to allow the applicant to construct an accessory shed that is more than the permitted maximum lot coverage of 20%. This property is located 13 July 16, 2020 Special Meeting along the area of Peconic Bay Blvd. where we know,there are very many types of properties that are strangely shaped. During the process of this application the applicant did go ahead and build the shed so we're approving an as built. The lot coverage now will increase will be 23% of the lot and we did not hear any negativity from any of the neighbors and so I move to grant the variance as applied for. CHAIRPERSON WEISMAN : I'll second it. Would you call for the voice vote please Kim. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSITANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Motion carries. I just did notice that we need to delete one word at least on my copy it says grant the variance, variances as applied for. Let's move on, Anthony Nappa #7406. A swimming pool Nick would you review this draft please. MEMBER PLANAMENTO : This is an application for a swimming pool in a front yard where the code requires such improvements to be sited in a rear yard location. The property is a functioning Bed and Breakfast along with a residence and a farm. The applicant is burdened with two front yards. The primary front yard is Jacobs Lane, the secondary front yard is Main Bayview Rd. The applicant is I guess burdened as I said with the two front yards however, they meet the principal and greatly exceed the principle front yard setback for the pool location. They're also for the site of the swimming pool it's complicated because if they wanted to really place it in a conforming location they just can't do it given the cross fencing and other improvements on the site. 'I make a motion that there be a grant for the relief as applied for 141 July 16, 2020 Special Meeting and the applicant should include as part of the approval process the following conditions. That mechanicals shall be placed in a sound deadening enclosure along with a dry well for pool de- watering be installed. MEMBER DANTES : The conditions on this one just cause I mean the mechanicals are going to be far away from the neighbors as you possibly can the property is so big and they could run that hose and de-water that pool all day long and it still won't leave the property. That's my opinion. CHAIRPERSON WEISMAN : So we have a motion to grant the variance as applied for with the standard pool conditions of pool mechanicals in a sound deadening enclosure and dry well for pool de-watering to be,installed. Is there a second? MEMBER PLANAMENTO : Well hearing Eric's point I don't know that if as a Board we'd be in agreement but I have no problem removing the sound deadening enclosure. I do think that everyone should deal with de-watering but if there's any dialogue I don't know how the other members feel. MEMBER LEHNERT : I would agree with that. It's in the middle of nowhere. No one will ever hear the equipment. CHAIRPERSON WEISMAN : Okay, I'm alright with that. If they wanted it they could do it for themselves so they don't hear it at night. Alright delete that and we'll make dry well No. 1 okay. MEMBER PLANAMENTO, : Just as a point for clarification, is that part of the code for any pool? I believe that you do have to have a dry well for a swimming pool. CHAIRPERSON WEISMAN : You do have to have a dry well but we MEMBER DANTES : It doesn't say it anywhere in our code. MEMBER LEHNERT : It doesn't exist anywhere. It's one of those Building Department things they make you do. CHAIRPERSON WEISMAN : So we put it in so people are aware of it because that way it helps them when they go to the Building Department. MEMBER ACAMPORA : Yea, there's so many pools in town that don't because CHAIRPERSON WEISMAN : There are some pools that don't,have it's my understanding some pools there are types of pools that don't actually have to you know spill water out into a dry well. July 16, 2020 Special Meeting MEMBER DANTES : The code just says that water can't leave your property, I mean there's other ways to do it other than having a dry well. MEMBER PLANAMENTO : I think that on all the variances at least that I've participated in since I've been on this Board, we've always where there's a pool included requested that. I think removing the sound deadening enclosure is applicable but I still think that we should keep the dry well. Do other members feel the same or CHAIRPERSON WEISMAN : I do. MEMBER LEHNERT : I'm with you on that. MEMBER ACAMPORA : Yep. MEMBER PLANAMENTO : I think just from a point of consistency also. CHAIRPERSON WEISMAN : Okay fine, so we have a motion to grant the variance as applied for with one condition for a dry well for pool de-watering. I'll second it, call the voice vote please Kim. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSITANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Motion carries. Let's see, Solutions East is next on here but I'm going to make a motion to table this because we closed'it subject to receipt of an amended survey when we have not received it. So as soon as we receive it I will put this item back on the 1� July 16, 2020 Special Meeting agenda for August 6th with the assumption that we will receive what we required by then so tabled to August 6th BOARD ASSISTANT : Are�you making a motion? CHAIRPERSON WEISMAN : I'll do it as a motion. When you table technically I don't think you really have to have a motion but I'll make the motion, is there a second? MEMBER ACAMPORA : I'll second it. CHAIRPERSON WEISMAN : Seconded by Member Acampora. We don't need to do this by voice vote. All in favor raise your hand please. Okay everyone present has agreed so the motion carries unanimously to table to August 6th. Alexandra Baumrind, is next#7393.This is the there are two applications, we'll do them one at a time.They're totally interrelated but the first one is for a deer fence in the front yard on an undeveloped lot and the next,one is for deer fencing in a front yard on a developed lot with a principal dwelling. So Pat can you kind of review what happened here. MEMBER ACAMPORA : Let's go with #7393 which is the developed lot. This is an amended application. During the hearing we had last week the applicant was asked to amend both of the applications and to move the 8 foot deer fence that is already installed on the adjoining vacant lot to the northerly line of the subject lot and to move the 8 foot deer fence and gate further away from the front yard property line that faces Mulberry St. So'the applicant did submit to us an amended survey that was revised on July 12th depicting that the deer fence places along the northern property line and the deer fencing along Mulberry St. as setback would be 23 feet from the property line. CHAIRPERSON WEISMAN : I guess it's important to note that the nature of Mulberry St. is a really small private kind of right of way and bounded by agricultural properties all of which legally have deer fencing. MEMBER ACAMPORA : Right, there's deer fencing all over around them. Currently they are the only property that has been developed on Mulberry St. There's I think two or three more parcels that are available. I make the motion to approve the request and grant the variance as amended. MEMBER PLANAMENTO : Member Planamento here, I'll second. CHAIRPERSON WEISMAN : Would you call for a voice vote please. BOARD ASSISTANT : Member Acampora how do you vote? 17-1 July 16, 2020 Special Meeting MEMBER ACAMPORA : I vote ye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSITANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : So we, have to vote really now on what is moot because the applicant has removed the deer fencing when we informed him that an accessory is not permitted without a principal use on a property and that property had no use on it. It was just undeveloped residential property. It could have been built if it had been a bona fide AG operation. It didn't have to have anything but crops on it then but since that's not the case it's a residential lot also owned by the same owner, we discussed that the Board has felt the fastest thing to do here was to simply deny it. The applicant is expecting that and so you want to make the motion Pat for application #7394 which is the vacant lot. MEMBER ACAMPORA : Yes I make a motion that we deny the variance as applied for because it's no longer required. 1 CHAIRPERSON WEISMAN: Very good is there a second? MEMBER LEHNERT `. I'll second that-. CHAIRPERSON WEISMAN : Member Lehnert seconds it. Kim please call for the vote. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : I vote aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. July 16, 2020 Special Meeting BOARD ASSITANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye'. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. 0 BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Motion carries. The next draft is a decision on #7400 Eric Smith.This is a swimming pool and would you walk us through this please Rob. MEMBER LEHNERT : Hang on a second, I don't think I I have this one printed. CHAIRPERSON WEISMAN : Okay then I'll do it if you want. This is an accessory in-ground swimming pool with a waterfall in the front yard where such structure shall only be located in the rear yard. Remember this is the one that fronts on Homestead Way and on CR48. The house faces Homestead Way and they want to put it in their back yard. MEMBER LEHNERT : Yep, yep, yep. , CHAIRPERSON WEISMAN :This one is easy. MEMBER LEHNERT :Two front yards this guy. CHAIRPERSON WEISMAN : Yea well they're already they already have a high fence there because it's for privacy and safety cause 48 is so busy and traffic you know headlights would be glaring onto their property all night long. So this is a very simple one in fact it's the kind of variance that we almost wish we didn't have to deal with. They do have neighbors so this then r is a proposal to grant the variance as applied for and we still have the three standard swimming pool conditions on here which is the it says to install"evergreen vegetation to screen the pool from CR48 but I think it's already screened by a fence. Is that right am I recalling correctly? MEMBER PLANAMENTO : And it did have vegetation too. MEMBER LEHNERT : You can't see you can hardly seethe house. CHAIRPERSON WEISMAN : Yea so why don't we just get rid of that condition because I don't think it's necessary. We do have the pool mechanicals now and in this case they have neighbors 19 July 16, 2020 Special Meeting and that's probably"a reasonable thing and the de-watering you know dry well is standard all still. We good with that? MEMBER ACAMPORA : Yep. CHAIRPERSON WEISMAN : So motion there is to grant the variance as applied for, Rob do you want to second it? MEMBER LEHNERT : I'll second that. CHAIRPERSON WEISMAN : Okay seconded by Member Lehnert, Kim call the roll please. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSITANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Motion carries. We have already tabled Hard Corners draft until the August 6th meeting which was next on the agenda. There's a couple of resolutions that we have to vote on so a resolution to authorize advertising of hearings for regular meeting to be held on Thursday, August 61h which Regular Meeting will commence at 9 a.m., Kim did we just decide to change that? BOARD ASSISTANT : I believe CHAIRPERSON WEISMAN : We said we would do executive session we're going to go on at 9 for the Zoom stuff �0 July 16, 2020'Special Meeting BOARD ASSISTANT : And then 9:30 executive session. CHAIRPERSON WEISMAN : 9:30 Exec session and then 10 o'clock first hearing. BOARD ASSISTANT : So this is good then 9 o'clock. CHAIRPERSON WEISMAN : So 9 o'clock is fine but it's not open to the public. So moved is there a second. MEMBER DANTES : Second. CHAIRPERSON WEISMAN All in favor? We can do this ' by hand. The motion carries unanimously. Resolution to approve the Minutes from the July 9, 2020 'Regular Meeting, so moved is there a second? MEMBER DANTES : Second. CHAIRPERSON WEISMAN : Seconded by Member Dantes. All in favor raise your hands please. Everyone is raising their hand so we are now approving those minutes. We have a request from Gail Wickham the attorney for Mattabella and this is to extend the various variances that we granted to them for one year. They Were held up, they were very close they're not changing any of the variances. They got held up with their site plan approval because of COVID so things got kind of setback in terms of their time frame to implement legally implement they're all as built anyway you know all these structures. So I don't have a problem with that at all and I put it on for resolution at Gail Wickham's request. So I'm going to make a motion to grant a one year extension as requested by Abigail Wickham Esq. July 2, 2020 on behalf of Mattabella Vineyards Holding Co.for Appeal #7041 dated July 7, 2017. Is there a second to that motion? MEMBER PLANAMENTO : Member Planamento seconds. CHAIRPERSON WEISMAN : Kim would you call for a voice vote on this please. BOARD ASSISTANT : Member Acampora how do you,vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye-Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSITANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. July 16, 2020 Special Meeting BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Motion carries and I will send a letter to the applicant's attorney indicating that we have all unanimously agreed to extend their time frame for a year. Is there anything else from any Board Member at this point. MEMBER LEHNERT : When are we going to hear the trailer park? CHAIRPERSON WEISMAN : That's going on in oh campgrounds? MEMBER LEHNERT : Yes HNF Resorts. CHAIRPERSON WEISMAN : That's on for August. Okay so if there's nothing else I'm going to thank everyone for their attendance who attended this meeting and for the audience and to remind everyone that the next ZBA meeting will be our Regular Meeting held via Zoom on August 6th when the Board will hold public hearings on applications now calendared for that date. I want now to make a motion to close the meeting. Is there a second? MEMBER ACAMPORA : I'll second. CHAIRPERSON WEISMAN : Member Acampora seconds it, will call for a voice vote. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD ASSISTANT : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD ASSITANT : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD ASSISTANT : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. 22 July 16, 2020 Special Meeting BOARD ASSISTANT : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD ASSISTANT : Chairperson Weisman votes aye. Eric did you want to say something before we voted? MEMBER DANTES : No I thought we were raising our hands. CHAIRPERSON WEISMAN : This is a whole new thing cause we're not used to having to do voice votes but this is sometimes people can only hear us they can't see us which is why we do that as a courtesy. MEMBER PLANAMENTO : I miss sitting at the table with everyone. CHAIRPERSON WEISMAN : It is, it's different but at,least we're back at work and we're able to serve the public in the capacity that we all agreed to do so and we're all very grateful that we have this opportunity to do it digitally. Not as much fun as in person but that day will come and until it does this is how we carry on and we'll get better at it all the time. Let me just formalize that we closed this'hearing. I believe at this point we can stop the recording. 23 July 16, 2020 Special Meeting CERTIFICATION I Elizabeth Sakarellos, 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 Hearings. Signature : Elizabeth Sakarellos DATE : July 28, 2020 24