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HomeMy WebLinkAboutZBA-09/17/2020 Special Hearing 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 September 17, 2020 5:05 P.M. Board Members Present: LESLIE KANES WEISMAN - Chairperson/Member PATRICIA ACAMPORA—Member ERIC DANTES—Member ROBERT LEHNERT—Member NICHOLAS PLANAMENTO— Member KIM FUENTES—Board Assistant WILLIAM DUFFY—Town Attorney ELIZABETH SAKARELLOS—Office Assistant 1 ZONING BOARD OF APPEALS SPECIAL MEETING SEPTEMBER 17;2020 CHAIRPERSON WEISMAN : This is the meeting of Thursday, September 17, 2020 good evening everyone I'm Leslie Weisman Chair of the Zoning Board of Appeals.The public has access to view and listen to this meeting of the Board of Appeal by the Zoom online platform pursuant to executive order 202.1 of New York Governor Andrew Cuomo. According to that executive order, in person access by the public is not permitted at this time due to COVID-19. This is not however a public hearing, no testimony will be taken or solicited by anyone and the details on howto tune in are obviously on our agenda and in our legal notices. So we have been called to order, I will make a motion to actually open the public hearing section of the meeting, is there a second? MEMBER ACAMPORA : Second. CHAIRPERSON WEISMAN : Okay, all in favor? (ALL AYES) CHAIRPERSON WEISMAN : Now just out of courtesy to the people that are on here, I'd like to let Mr. Barlow know that the two decisions that we were examining for those two applications for the property in Orient are not on tonight's agenda.You're more than welcomed to stay and listen in but those decisions will be on the next agenda in two weeks. I just wanted to make sure that you knew that and with regard to Barbara Cohen we will be looking at your determination today. With regard to Ellen McNeilly I presume you're here for the Frost application and I just want to let you know that at the very end we can do the resolutions now and get them over with if you want. Again anyone is welcomed to sit through the whole meeting. Those resolutions are on the end of the agenda and we did receive a request from Timothy Frost for application #7413 and this was a request to reopen the hearing because there have been some proposed changes to the site plan that he had presented to this Board and the only way we can accept those changes and mark them as part of our determination is if we vote to reopen the hearing. So I see no issue with that simply because we've heard pretty much everything we needed to hear and this way we can get the survey or rather the site plan on record that both the neighbor Ms. McNeilly and Timothy Frost have discussed and agreed to. As you know at the hearing they said they were going to talk to each other. They have done that,they are both satisfied with what they came up with and concerned that that be what is presented to this Board. So I have a resolution to do that. I'm going to move the agenda to the resolutions okay so that we can take care of that now because in order cause Pat and Rob have to leave at 6 and we need to have a unanimous vote in order to reopen the hearing. So I'm going to make a motion to grant the request from applicant Timothy Frost #7413 1995 Village Lane, Orient by email communication on September 16, 2020 2 to reopen his public hearing which was closed by a unanimous vote of the Board on September 3, 2020. The Board will rehear the application requesting an area variance relief on October 1, 2020. That is a motion, can I get a second from someone. MEMBER DANTES : Second. CHAIRPERSON WEISMAN : Seconded by Member Dantes. 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 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 : The motion carries unanimously and we will now Kim accept and distribute the new site plan and we will have them present testimony as to the changes that they're proposing on October 1s1. 1 don't know what time it will be heard yet but we will put it on the agenda and post it. BOARD ASSISTANT : It's going to be in the afternoon. CHAIRPERSON WEISMAN : Okay so I'm just doing the resolutions now so resolution to authorize advertising of hearings for Regular Meeting to be held on Thursday, October 1, 2020 which Regular Meeting will commence at 9:30 a.m. so moved is there a second? MEMBER LEHNERT : Second. CHAIRPERSON WEISMAN : Seconded by Member Lehnert. Kim would you call the roll please. BOARD ASSISTANT : Member Acampora how do you vote? 3 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. 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 and now the final resolution to approve the minutes from September 3, 2020 Regular Meeting so moved. Is there a second? MEMBER ACAMPORA : Second. CHAIRPERSON WEISMAN : Seconded by Member Acampora. 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 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. 4 BOARD ASSISTANT : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Motion carries. As a courtesy once again as we did in the Annex Board room when we met in person since Ms. Cohen is here and that's item eight on our agenda, I'm going to move that to the first item and so everyone get their draft for that please. This is application #7419 for Barbara Cohen. This is essentially a deer fence in the front yard. Everyone read the application? We did receive the planting diagram that we requested and this draft includes a condition that reads as follows, the applicant shall have four (4) years from the date of this decision to start a viable business in full agricultural production as proposed. If at the end of four (4) years the business fails to be successful the applicant shall remove the eight foot high deer fence from the two front yards. Anything anyone wants to discuss or add in here? Pat is there any information you'd like to put forth that you think you can enter into the recording? MEMBER ACAMPORA : No I think that in looking for the packet that we received, this has been historically a piece of property that has been used for agricultural purposes and even though it doesn't meet the size requirements it is something that the applicant had made a good argument for trying to again turn this property into a viable business and thus why we have the condition of four (4) years everyone agree would be amenable as to see if they actually could get this agricultural horticultural business started. CHAIRPERSON WEISMAN : Right and again also to recognize that this is a through lot so it has two front yards and that becomes rather a bit of a burden so and there's all kinds of deer fencing in the neighborhood you know. Alright so Pat why don't you go ahead and make the motion. MEMBER ACAMPORA : I make a motion to grant the variance as applied for with the condition that we just spoke about, so moved. CHAIRPERSON WEISMAN : I'll second it. 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 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? 5 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 will probably come in tomorrow and sign all of these drafts Kim so shoot me an email when they're ready for my signature and we can get them out to the property owners. Now I'm going to go back to the original agenda. The next item is Aleksander Myftarago#7346. Everybody got their draft ready?So just in summary this was going to be this is a very dilapidated house and a very large accessory garage and the bottom line is after two hearings the request was to demolish the home because that's what was going to happen anyway and to amend the application so that it did not exceed the existing lot coverage and to do that by reducing the size of the accessory garage so that it eliminated two variances and has conforming side and rear yard setbacks and the lot coverage does not exceed what is currently there. I think that kind of summarizes it. Rob is there anything you want to add in there? MEMBER LEHNERT : Just that we added a condition that the applicants provide a new sanitary system approved by Suffolk County Health. CHAIRPERSON WEISMAN : Right which they will have to do. MEMBER PLANAMENTO : So to that point I just wanted to ask, the way it's written the condition it says will provide do we want to say is required to install? I think in prior decisions we've said required to install I don't know what provided means and I don't want to sound litigious if somebody CHAIRPERSON WEISMAN : No that's not a bad idea it's just clearer. MEMBER LEHNERT : That's fine. CHAIRPERSON WEISMAN : Let's change it. The applicant must install a new sanitary system approved by the Suffolk County Department of Health Services for the proposed reconstruction of the residence and the accessory garage. MEMBER PLANAMENTO : Kim while you're making that correction in Town Law I on the draft the very last sentence I guess it's the second line from the bottom of Town Law I it says dot, dot, dot accessory garage will improve the neighbor by demolishing it should say improve the neighborhood. CHAIRPERSON WEISMAN : Thank you. 6 MEMBER PLANAMENTO : You have to add "a" before a very, neighborhood by demolishing a very deteriorated dot, dot, dot. BOARD ASSISTANT : Got it. CHAIRPERSON WEISMAN : Thank you. So with those changes Rob make a motion. MEMBER LEHNERT : I make a motion we grant this variance as amended with the condition that the applicant will install a new sanitary system approved by Suffolk County Health. CHAIRPERSON WEISMAN :Thank you. Is there a second? MEMBER ACAMPORA : Second. CHAIRPERSON WEISMAN : Seconded by Member Acampora. 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 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.The next application is for 1925 Grandview Inc. Patrick Treanor President, #7390 and this was for a third floor that is as built. In a nut shell I guess the argument was made by the applicant's attorney that two things, one they didn't realize they couldn't do it and that a third floor was not permitted in the Town of Southold without variance relief and B it exceeds the square footage of the definition of half story. Is there anything that Nick do you want to add here?There's a lot of information or Bill anything you want to clarify for us in this determination? 7 T.A. DUFFY: I think that the decision says the applicant relied on a lot of past decisions but I think "- actually those decisions worked against them in this particular application. Similarly they tried to make an argument that it was not a substantial variance because there's only 11% greater than what the definition of what a half story would be but we don't really give variances on definitions we give variances on bulk schedule requirements so if it's not a half story it's a full story so then it is not allowed so we did decide that it would be a substantial variance not a minor variance and there's nothing in the record that suggests an 11% is not substantial in itself. I think those are the major points of the decision. MEMBER PLANAMENTO : And I would just add the one point that they own the adjacent house where they actually received a variance so they understood the process. CHAIRPERSON WEISMAN :That was for a sitting area. T. A. DUFFY:They knew they needed a permit too besides you even get to a variance where they didn't think they needed a variance they should have known they needed a building permit cause they had gotten one MEMBER PLANAMENTO : Absolutely. CHAIRPERSON WEISMAN : Okay so Nick would you like to make the motion? MEMBER PLANAMENTO : Yes just first two corrections. Kim under Town Law I one, two, three, four, five, sixth line down after attic conversion there's a floating "s" if you just get rid of it and then it reads habitable space in the subject dwelling then delete the words are interior one to the dwelling. BOARD ASSISTANT : You said habitable space in subject dwelling go ahead MEMBER PLANAMENTO : Then remove are interior one to the dwelling so by removing it the sentence will read dot, dot, dot conversion to habitable space in the subject dwelling and it's use will not change the exterior size dot, dot, dot. BOARD ASSISTANT : Got it. MEMBER PLANAMENTO : With that I'd like to make a motion to deny the variance as applied for. CHAIRPERSON WEISMAN : I'll second it. So Chairperson Weisman seconds it. Kim call the roll please. BOARD ASSISTANT : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. 8 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. I see that at the moment we don't have any attendees. BOARD ASSISTANT : We had a Brent there but he left. CHAIRPERSON WEISMAN :Yes I saw that.The reason I'm asking is because as it turns out Pat and Rob both have to leave at six, now we can whiz through these fairly quickly but Bill I did explain to them prior to going you know into the meeting section the information that you conveyed to me about some litigation and if we enter executive session now while they're all still here then you can hear directly from everyone and you could explain very briefly what's going on. I gave them a little background. Is that acceptable to everybody? MEMBER LEHNERT :Yea. CHAIRPERSON WEISMAN : Okay so motion to enter executive session. Is there a second? MEMBER DANTES : Second. CHAIRPERSON WEISMAN : Seconded by Member Dantes. All in favor please just raise your hands we can see each other. Okay carries unanimously. CHAIRPERSON WEISMAN : The next application before the Board is for North Fork One LLC Goeffrey Prisco#7399. Everybody got that one?This is on Windward Rd. accessory garage in the front yard this weird shaped lot with a right of way and no rear yard really to speak of. Unless we really have something compelling to say MEMBER DANTES : (inaudible) wasn't part of that Notice of Disapproval? 9 CHAIRPERSON WEISMAN : They're just not doing it now I guess. They're not really proposing to build it. I think they were putting it in there just to show where it might go you know. MEMBER DANTES : Should I write that on there the pool is not included in this decision? Just cause the survey showed a pool and it wasn't on anything. CHAIRPERSON WEISMAN : I tell you what, well let's add it as a second condition. Can we do that? The pool shown on the above cited was that a survey? MEMBER DANTES : Yes. MEMBER DANTES : Yea it was a survey. CHAIRPERSON WEISMAN : Survey is not approved as part of this decision. Okay? MEMBER DANTES : Yep. CHAIRPERSON WEISMAN : Since it was not cited in the Notice of Disapproval and not before this Board that way we're not denying him the pool. It was not cited in the Notice of Disapproval and was not before the Board. Yea we don't want to you know create hardship in the future it's just we want to make sure it's not an automatic approval. Alright so where are we, Eric do you want to make a motion? MEMBER DANTES : Motion to grant the variance as applied for. CHAIRPERSON WEISMAN : Two conditions the one we just added and no fencing along the area labeled right of way. Well he could put a four (4) foot fence in there. MEMBER DANTES : Yea it says in the area like on the survey it shows the fence going right down the middle of the right of way on the left hand side. CHAIRPERSON WEISMAN : Shall not install any fences in the labeled as a right of way. Oh I mean and I'm not on his property I wonder if that right of way is actually on his property no? MEMBER DANTES : It is,there's a right of way not the one not Windward Road but the other side. MEMBER ACAMPORA :The other side. MEMBER DANTES : There's a 20 foot right of way and he's got a fence going down the middle of it, it's proposed so CHAIRPERSON WEISMAN : Oh alright gottcha okay so he'll have to put it on his property to the other side of the right of way so the right of way stays open. MEMBER DANTES : Yea that's all. 10 CHAIRPERSON WEISMAN : Alright fine. BOARD ASSISTANT : Is the language okay? CHAIRPERSON WEISMAN : I think so. We have a motion is there a second? MEMBER LEHNERT : Second. CHAIRPERSON WEISMAN : 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 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. We're on 5645 Aldrich Lane LLC this was a Special Exception #7412SE. MEMBER PLANAMENTO While Leslie's getting her thoughts together, (inaudible) between property facts and basis of application just add a space. CHAIRPERSON WEISMAN : So this is for a farm labor camp on the second story of an existing agricultural building in an AG zone and it's for up to ten (10) seasonal workers and what else anything else Eric do you want to add anything to this? MEMBER DANTES : Nah it's a farm labor camp in the middle of a (inaudible) MEMBER LEHNERT : A farm. MEMBER DANTES : I mean where else it's an appropriate location. 11 CHAIRPERSON WEISMAN : There's no actual changes, tons of parking there and we won't even see it cause it's on the second floor of an existing building. MEMBER ACAMPORA : You don't know it's there. CHAIRPERSON WEISMAN : Okay so we have did you make the motion? MEMBER DANTES : I make a motion to approve as applied for. CHAIRPERSON WEISMAN : Is there a second? MEMBER ACAMPORA : Second. CHAIRPERSON WEISMAN : Seconded by Member Acampora. 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 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 : Okay the next application is file #7414 Eric Baiz by the way I should have said the motion carries unanimously. This is on Bay Home Road in Southold. This is an old house with C.O.'s and had a deck on it forever and ever and was built improperly without a permit many years ago without footings and they simply want to reconstruct the exact same deck but it puts the accessory garage partly in a side yard not totally. Is that right? Let me just double check, yea. So we're looking at a side yard variance for an accessory garage that has been there since what 1957 or something. BOARD ASSISTANT : And it's been C.O'd. 12 CItAIRPERSON WEISMAN :These are the kind of technical things that I really wish the Town Board would come to grips with. That and when properties have two and three front yards can't there be a better way to do this than to you know but anyway that's down the pike so any changes or corrections anyone sees on this one? So there's a condition that the wood deck remains uncovered and unenclosed, typical condition. Pat you want to make a motion? MEMBER ACAMPORA : Yes I make a motion that we grant the variance as applied for. CHAIRPERSON WEISMAN : Okay I'll second it. 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 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. The next application is for Susan Ambrosion#7415 property on Mason Drive in Cutchogue.This was an accessory garage in a side yard. This is burdened with a lot of wetlands on this property and two sheds that were at one point conforming because of setbacks on a new house required by the Trustees wound up on a side yard and after conversations with the applicant what we're going to do here, the one that was closest to the road was going to be removed the shed right? The other one can remain and anything else, Nick anything you want to mention about this one? MEMBER PLANAMENTO : No I think just to the point that as a condition that in order to receive a C.O. on the future garage building that the southernmost shed needs to be removed from the property. So I'm sure that the Building Department will pick that up and of course no additional sheds shall be placed on the property in non-conforming locations. 13 CHAIRPERSON WEISMAN : Right. We have to add non-conforming because if it's conforming and is lot coverage not an issue then we don't have any jurisdiction over it although I don't know where he's going to (inaudible). Okay and again the garage is going to remain unfinished with exposed rafters and unconditioned and (inaudible). Alright so we have a motion to grant the variance MEMBER PLANAMENTO : I'd like to make a motion we didn't have a motion yet. CHAIRPERSON WEISMAN :Thank you make the motion please. MEMBER PLANAMENTO : Kim I make a motion to grant the relief as applied for. CHAIRPERSON WEISMAN : Subject to conditions. Is there a second? MEMBER ACAMPORA : Second. CHAIRPERSON WEISMAN : Seconded by Member Acampora. 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 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. The next application is#7416 Richard R. Vanderbeek Jr. and Paul B. Vanderbeek et al and this is a (inaudible) for a wraparound existing rather small wooden deck that has been there forever and ever. They're trying to legalize it. So the owner applied for a pre-existing Certificate of Occupancy for the dwelling and then was told they had to legalize this deck. Everybody knows Ruch Lane is a private small road, very narrow 14 lots, no'-space in between really and often the garages are on the other side of the Lane. Eric is there something you'd like to add here or mention to the Board? MEMBER DANTES : (inaudible) CHAIRPERSON WEISMAN : Okay so the condition is the standard,deck remaining open to the sky. You want to make a motion Eric? MEMBER DANTES : I make a motion to approve the variance with conditions. CHAIRPERSON WEISMAN : Okay is there a second? MEMBER LEHNERT : Second. CHAIRPERSON WEISMAN : 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 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. Now we're on application #7422 David and Jennifer Collins on Oregon Road.The removal of a small covered entry porch that's open on the side and a proposal to put it on the front basically and wrap it around to the side so they can get into their house. It's a front yard setback right? MEMBER ACAMPORA :That's it. 15 i CHAIRPERSON WEISMAN : There are priors submitted and we've driven around and we know that there are some non-conforming front yard setbacks there. MEMBER ACAMPORA :The house is already over three feet of this setback as it is. CHAIRPERSON WEISMAN : So they just can't do anything in that front yard without a variance. I do see under additional information the last one from the bottom there's a couple of extra periods in there that need to be fixed up. Anything from anybody else on this draft? Hearing nothing Pat you want to make a motion. MEMBER ACAMPORA : Yes I make a motion to grant the variance as applied for subject to the condition that the wrap around porch shall remain unenclosed and a non-habitable space. CHAIRPERSON WEISMAN : Is there a second? MEMBER PLANAMENTO : Second. CHAIRPERSON WEISMAN : Kim call the roll please Member Planamento seconded it. 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. 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. That concludes the draft decisions great job everybody. 16 CERTIFICAT10N 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 AIX, Elizabeth Sakarellos DATE : September 21, 2020 17