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HomeMy WebLinkAboutZBA-10/15/2020 Hearing ZBA Special Meeting October 15, 2020 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 October 15, 2020 5:19 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 ZBA Special Meeting October 15, 2020 ZONING BOARD OF APPEALS SPECIAL MEETING OCTOBER 15, 2020 CHAIRPERSON WEISMAN : Good evening everyone and welcome to the Special Meeting of the Zoning Board of Appeals via the Zoom on-line platform. Pursuant to executive order 202.1 of New York Governor Andrew Cuomo's in person access by the public will not be permitted. The public has access to view and listen to this meeting as it's happening via Zoom however the meeting is not a public hearing and no testimony will be solicited or received. I'm going to get right into the work session. We have one item in front of us that I mentioned would be added.This is a request from an applicant with a prior determination.This is for Cimino, Michael Kimack is the agent and this is a, let me just get the decision number here, it's decision #7338 Cono Cimino. The determination was rendered and alternative relief was granted. However there is a request to remove condition #1 and to accept the corrected site plan measurements showing the setbacks per the alternative relief that was granted in the decision itself so they are now consistent. We need to pass a resolution to accept that those corrected measurement and to remove condition #1 which required an amended Notice of Disapproval which because a decision has already been rendered is not forthcoming so moved. Is there a second? MEMBER LEHNERT : Second. CHAIRPERSON WEISMAN : Member Lehnert seconds the motion. Would you call the roll this. BOARD SECRETARY : Member Acampora how do you vote? MEMBER ACAMPORA :Aye. BOARD SECRETARY : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD SECRETARY : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD SECRETARY : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY : Chairperson Weisman votes aye. 2 ZBA Special Meeting October 15, 2020 CHAIRPERSON WEISMAN": Motion carries. Kim if you would be in touch with Kimack tomorrow please and type up an amended decision removing the put that in additional information and remove the condition and put it down as an amended decision and I will sign it and then we will send it to the Town Clerk and send it to the Building Department. The next item on here is a possible resolution to close Anthony Tartaglia and James Howell #7396. We have been holding this open subject to receipt of the architect's estimations on the live load possible on the slab of the accessory garage and we adjourned this in order to receive those. We did receive them and it appears that this garage structure, this structure has a C.O. for an accessory garage with apartment above and basement below and indeed as we suspected it is not structurally possible for cars to be parked on that slab with- a basement below without extensive structural intervention. So we have, what we asked for actually my question on here, we can close this hearing but my question which I want to do before the public and perhaps Bill maybe you can answer this if you're hanging around here I know you're on here this is a technical question, I'm wondering if we can, in this determination require an updated Certificate of Occupancy from the Building Department labeling this structure as an accessory storage structure to be unconditioned and unfinished space and in both the basement and the storage, area with apartment above because the C.O. is going to be incorrect otherwise. It's listed as a garage and it cannot be used'as a garage so Bill did you hear that question? T. A. DUFFY : No I'm sorry. - CHAIRPERSON WEISMAN : My question was on Howell/Tartaglia, we're about to close cause we received the information from the architect and as we thought the garage cannot be used as a garage. It does not have the structural integrity to do that, it's much too much weight because the slab is over a basement. The C.O. is for an accessory garage with apartment above and basement below. How that happened beats me but there it is and I'm asking whether or not we can condition any approvals that would be forthcoming with the requirement to get an updated Certificate of Occupancy declaring the accessory building as an accessory storage building with apartment above and basement below, unfinished, unconditioned, un-habitable space except for the apartment, is that possible? T. A. DUFFY : Yes. CHAIRPERSON WEISMAN : Okay I like your answer. Then I'm ready to make a motion MEMBER LEHNERT : One quick question, wouldn't the storage space still need to have garage doors or something an opening for storage? CHAIRPERSON WEISMAN : It needs doors but not necessarily garage doors. They have already agreed because basically that was being used as habitable space that's why there's glass sliding patio doors with a deck. 3 ZBA Special Meeting October 15, 2020 MEMBER LEHNERT : Correct. CHAIRPERSON WEISMAN :They have agreed to remove those doors and just put in regular doors and windows if we allow it which, I'm fine with. So it'll be like a storage building you know they'll just go in MEMBER PLANAMENTO : You know Leslie to Rob's point I wanted to ask the same question, in their letter they said that a considerable expense that the new garage doors and the fagade of the garage CHAIRPERSON WEISMAN : Non-operable, they're not operable. MEMBER PLANAMENTO : That's what I wanted to say they're not operable, did I misread that it says non-operable? MEMBER LEHNERT : It does say non-operable. CHAIRPERSON WEISMAN :That's what the architect told us. In other words it's supposed to look like a garage but it's not. MEMBER PLANAMENTO : Agreed, so as long as we're all on the same page with that and that's reflected, I'm fine. CHAIRPERSON WEISMAN : And the door has to be wide enough to allow like lawn mowers and things like that in and out but I think probably what they want to be doing is putting that on the deck side. MEMBER PLANAMENTO : Agreed. CHAIRPERSON WEISMAN : You know what I'm saying? MEMBER PLANAMENTO : Where the glass sliding doors are that will be removed. CHAIRPERSON WEISMAN : Bill, the Building Department is not going to be concerned about the re-issuance of an updated Certificate of Occupancy if we request it?The Building Department will be alright with our requesting an updated C.O? T. A. DUFFY : Yea. CHAIRPERSON WEISMAN : Alright cause then John will have to go out there and do an inspection and all that. Okay if everybody T. A. DUFFY : They have to apply for a building permit first to convert to CHAIRPERSON WEISMAN : The garage to storage. 4 ZBA Special Meeting October 15, 2020 T. A. DUFFY : Right. MEMBER LEHNERT : How will that affect the variance application on that building? CHAIRPERSON WEISMAN : Well I don't know the building was not really before us. MEMBER LEHNERT : Yea but the addition to it, is. CHAIRPERSON WEISMAN :The deck addition. MEMBER LEHNERT : Yea so that's still an addition to a building which was C.O.'d as a garage but is not a garage, so I don't know. CHAIRPERSON WEISMAN : You know what I'm hearing, here's what I think we're going to do. We're going to adjourn this to the Regular Meeting so that we have time to confer with the Building Department and get the right answer. I don't want to write up something that then has to be undone because we just didn't technically understand the procedure. MEMBER DANTES :The deck was part of the apartment right? MEMBER LEHNERT : Yes. MEMBER-DANTES : but not the garage: MEMBER LEHNERT : The apartment has a correct C.O. but not the garage, now we're finding out not the garage under it. CHAIRPERSON WEISMAN : Right. Well it was correct at one point but clearly how they made a garage on top of a basement beats me. It probably never was (inaudible) that way. MEMBER LEHNERT:That can be done it's just pure engineering. I've done that before but with a usable garage. BOARD SECRETARY : How do you want me to approach the Building Department, what sort of question should I be asking them? If they would T. A. DUFFY : We'll work it out Kim. CHAIRPERSON WEISMAN : Don't worry Bill and you and I will figure out what information we need and then.we'II have a draft decision ready for the Regular Meeting I'll put it on the agenda for then. Does that make sense to everybody? MEMBER ACAMPORA : Yea. MEMBER LEHNERT : Yea. 5 ZBA Special Meeting October 15, 2020 CHAIRPERSON�WEISMAN : I'm going to make a motion to adjourn this application to thecRegular Meeting on November 5th, is there a second? MEMBER ACAMPORA : Second. CHAIRPERSON WEISMAN :Seconded by Member Acampora. Kim call the roll please. BOARD SECRETARY : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD SECRETARY : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD SECRETARY : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD SECRETARY.; Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN :Aye. BOARD SECRETARY : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Motion carries unanimously. We have a possible resolution on Michael Kreger#7420. Bill would you walk us through what we need to do on this? T. A. DUFFY : I was going through the record and I saw some you know we discussed and I think that the Board is aware that the Building Department is traditionally considered any space above a second floor that's habitable is a third story regardless of whether it meets the definition or not and we all kind of knew and assumed that even the applicant really just kind of talked about it a little bit. We never really got any clarification from the Building Department as to why they denied actually denied the application so I think their records unfortunately is incomplete because I think we need to have the Building Department's reasoning as to why they did deny the original building permit application. So I am asking the Board to reopen the hearing so that we can give the Building Department an opportunity to submit a memo to the Board regarding you know further explaining the reason for its determination that in denying the building permit application. I would ask that you make a motion to reopen the hearing for the next ZBA Regular Meeting which I believe would be November 5th? 6 ZBA Special Meeting October 15, 2020 CHAIRPERSON WEISMAN ': Yes. Well I tliink-that makes perfectly good sense. The one thing that I would like to do is indicate that that reopening is for written correspondence not.for additional testimony and that we will provide the applicant's attorney with a copy of the memorandum or the letter and that will give by putting it on for November 511, that will give ample time if he so chooses to respond in writing to do so. So is the Board alright with that, are we ready to vote?So I'm going to propose that we reopen the Michael Kreger #7420 hearing and schedule it for November 5th for the purpose of accepting written correspondence from the Building Department as part of the public record and to provide the applicant's attorney with time to respond in writing if he so chooses. Is there a second? MEMBER PLANAMENTO : Second. CHAIRPERSON WEISMAN : Kim call the roll please. BOARD SECRETARY : Member-Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD SECRETARY : Member Acampora votes aye. Member Dantes how do you vote? 'MEMBER DANTES : Aye. BOARD SECRETARY : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD SECRETARY : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN :Aye. BOARD SECRETARY: Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Motion carries unanimously. Kim you and I and well Bill will be in touch with Building Department regarding the completion for public record so we don't have to do anything on that. What I would say is as soon as we get that memorandum we'll distribute it to the Board and Kim please make sure that Stephen Keily as the attorney for the applicant gets a copy of it indicating that the Board wants to provide him an opportunity to respond if he so chooses. 7 ZBA Special Meeting October 15, 2020 CHAIRPERSON WEISMAN :-Al,right onto the draft deliberations now. The first application befor6:---- •- the Board is for Deborah Winsor #7423 that's item number two actually on the draft deliberations and everybody have a copy? MEMBER PLANAMENTO : Yes. CHAIRPERSON WEISMAN : Nick do you want to walk us through this draft please just review it for us. MEMBER PLANAMENTO : Absolutely, this is for an application for a non-conforming lot a non- conforming sized lot in the R40 residential zone out in Orient. The applicant has an "as built" fence on actually it's a corner lot with a small picket fence along most of the front but they're seeking relief for an "as built" 6 foot high fence on Main Rd. on the Main Rd. side of the property along with an 8 foot high stockade fence on the rear and side yard of the property. In the past we've granted relief for people seeking a fence on the Main Rd. because of the traffic noise,glare, congestion etc. and I propose that we grant relief as applied for again allowing a 6 foot high fence in the front where the code allows a 4 foot high fence and an 8 foot high fence in the side where the code allows or limits a fence to 6 Meet.There are three conditions, a cone of vision must be maintained at the applicant's property at the southeastern intersection of Platt Rd. and Main Rd. along with the standard sort of jargon relative to getting a building permit. CHAIRPERSON WEISMAN : Okay that's condition number two, three, four and five. MEMBER PLANAMENTO : Yes. CHAIRPERSON WEISMAN : Okay, is there any discussion on this I don't see any typos or any minor corrections. MEMBER ACAMPORA : No. CHAIRPERSON WEISMAN : Are we ready to vote? BOARD SECRETARY : Did Nick make a motion? MEMBER PLANAMENTO : I made the motion to grant relief as applied for. CHAIRPERSON WEISMAN : Is there second? MEMBER ACAMPORA : Second. CHAIRPESON WEISMAN Seconded by Member Acampora. Kim call'the roll please. BOARD SECRETARY : Member Acampora how do you vote? 8 ZBA Special Meeting October 15, 2020 MEMBER ACAMPORA : Aye. BOARD SECRETARY : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD SECRETARY : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT :Aye. BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD SECRETARY : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Motion carries unanimously. The next draft decision is for file #7424 for John Bellando in New Suffolk. Eric would you review this for us? MEMBER DANTES : Yes. This was a gentleman who is putting basically a new_porch addition on his house with an updated kitchen. He's over lot coverage, he's already over lot coverage because of the tennis court and so it's already non-conforming. The increasing to the non-conformity is not that big so it's drafted to grant his non-conforming lot coverage. He also has a shed that's on the property line or too close to it and the reason for granting the shed was because it's deadening the pool equipment and so it's drafted the variance to allow the shed to stay as long as the pool equipment is in that location or at least till the pool has to be replaced. CHAIRPERSON WEISMAN :Any comments from any Board Members? MEMBER DANTES : Then (inaudible) removing the illegal bedroom or legalizing the illegal bedroom in the garage., CHAIRPERSON WEISMAN : Yea that was a little complicated. I should point out that' the lot coverage is only a .4% it's less than 1% it's like half of its nothing. It's literally deminimus. MEMBER LEHNERT : He wouldn't even be here if it wasn't for the tennis court. CHAIRPERSON WEISMAN : Exactly and the tennis court has substantially less impact than a building mass you know it's a flat surface. What we did notice here and he was very agreeable to that is that the second floor of the garage is being used as an overflow bedroom for guests and family members from time to time and that is either got to be legalized as a proper accessory 9 ZBA Special Meeting October 15, 2020 apartment which he could qualify for or he's going to have to remove the habitable conditioned - - . space and use it strictly for storage. He was agreeable to either. We gave him some time to make a decision and that's what I think is a very win, win situation. I'm fine with this. So Eric you made a motion to grant MEMBER PLANAMENTO : One comment I'm sorry,just Kim if you could'make just one correction under Town Law I, the fourth line down in the middle of the paragraph it reads the tennis court not a raised structure you should add the word "is" I believe. CHAIRPERSON WEISMAN : Boy no matter how many times you read that's why you need a lot of eyes on'this. No matter how many times by the time I'm done editing and tracking it's like my eyes are crossed doubled. Alright so we have a motion with correction subject to two conditions and is there a second? MEMBER LEHNERT : I'll second it. CHAIRPERSON WEISMAN : Seconded by Member Lehnert.,Kim call the roll please. BOARD SECRETARY : Member Acampora how do you vote? MEMBER ACAMPORA :Aye. BOARD SECRETARY : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD SECRETARY : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD SECRETARY : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Motion carries unanimously.The next application before the Board to deliberate on is a draft forJohn and Mary Anne Cassimatis on Pequash Ave. in Cutchogue#7425. Rob take us through this draft please. 10 ZBA Special Meeting October.15, 2020 MEMBER LEHNERT :This is a really simple request to pinta second floor on an existing residence, we're not going outside the lines of the existing house but it happens to sit on a corner so he needs relief for a front yard and a rear yard setback. The draft is to grant the application with conditions, the first condition is the normal stuff, the second one is to put an new IA sanitary system on the property. CHAIRPERSON WEISMAN :Alright, any corrections or revisions, discussion?All the conditions are just standard, I will note that we have to add this to our spreadsheet on IA systems you know that they're going to be installing a new sanitary system which is always a good thing. MEMBER LEHNERT :They're right across the street from a creek. CHAIRPERSON WEISMAN : Yea exactly. So Rob has made the motion to grant as applied for is there a second? MEMBER PLANAMENTO : Second. CHAIRPERSON WEISMAN : Member Planamento seconds it. Kim call the roll please. BOARD SECRETARY : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD SECRETARY : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD SECRETARY : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD SECRETARY : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Motion carries unanimously. The next application is file #7426 Scott and Stacey Bowe. This is on Oak Drive in Cutchogue and Pat would you walk us through this one please. 11 ZBA Special Meeting October 15, 2020 MEMBER ACAMPORA : Yea sure, the applicant requests a variance to make additions and alterations to this house. Right now presently the house is a single,story house and the applicant wishes to go up to a second story to add a mud room to the west attaching a new two car garage with a storage area above the garage. Many of the houses in the area are all well short of the 40 foot that we usually ask for on a front yard setback. We received several letters from neighbors who all feel that the design will be fine with the character of the neighborhood and I move to grant the variance as applied for. CHAIRPERSON WEISMAN : Alright I will second it. Kim call the roll please. BOARD SECRETARY : Member Acampora how do you vote? MEMBER ACAMPORA :Aye. BOARD SECRETARY : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD SECRETARY : Member Dantes votes aye. Member L'ehnert how do you vote? MEMBER LEHNERT :Aye. BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD SECRETARY : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Motion carries unanimously.The next item on the agenda is file#7430 Michael and Vanessa Rebentisch. Rob do this for us. MEMBER LEHNERT:This is a property on another corner lot on Corey Creek Lane.They're looking to put an accessory garage up in the front yard. It's a waterfront property and it's going to be 30 feet from the front yard instead of the 40 foot required because of the wetlands. They're also doing an addition to the main house that'll be set back 15.4 feet instead of the 40 but it's keeping within the lines of the existing house. It's actually less within the existing house setback right now. So it's written to grant as applied for. CHAIRPERSON WEISMAN : Any discussion or comments? MEMBER ACAMPORA : I was scared of the loose chickens when I went to inspect. 12 ZBA Special Meeting October 15, 2020 CHAIRPERSON WEISMAN : Chickens are less challenging than sl8r6affiing barking growling dogs. MEMBER ACAMPORA :That's true but nonetheless there was a lot of them. CHAIRPERSON WEISMAN : A lot of chickens alright I do remember the chickens. We,won't hold that against them. So we have a motion to grant as applied for is there a second? MEMBER ACAMPORA : Second. CHAIRPERSON WEISMAN : Seconded by Member Acampora. Kim call the roll please. BOARD SECRETARY : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD SECRETARY : Member Acampor'a votes aye. Member Dantes how do you vote? MEMBER DANTES :Aye. BOARD SECRETARY : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PL'ANAMENTO : Aye. BOARD SECRETARY : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Motion carries unanimously. The last item on the agenda other than some resolutions is for Timothy Frost#7413. I'll do a quick review of this cause there's a little out of the ordinary because we re-opened the hearing at the applicant's request. He submitted a plan that was revised based upon his discussions with a neighbor to preserve better access to the accessory garage on her property which is adjacent to the subject property and to preserve a tree. We opened it to receive those amended plans so that we could then make sure when we deliberated we deliberated on specifically what the right site plan would be. So this decision is to grant as applied for as shown in the amended site plan which was then dated by well Joseph Fischetti P.E. unsigned and unsealed and last revised September 9th. There are a couple of conditions I want to read into the record on this grant. The applicant shall submit two original signed and sealed site plans prepared by a licensed professional which is consistent with the plans amended on September 9, 2020. The applicant shall plant evergreen screening along the 13 ZBA Special Meeting October 15, 2020 southern property line for the length of the,swimming pool garage area. No heat or plumbing should be installed in the pool house and shall remain as unconditioned space. Number four the approval shall not be deemed effective until the required conditions have been met. Failure to comply will render this approval null and void, that's standard. Pool mechanicals shall be placed in a sound deadening enclosure also standard. Finally dry well for poo-dewatering shall be installed also a standard condition on swimming pools. I do want to just note that we did ask the r applicant to verify that another neighbor that has a residential property that would be adjacent and impacted was in fact approving of this proposal as applied for and indeed we received that letter noting that approval. So I'm going to make the motion to grant the variance as applied for and shown on the amended site plan. Is there a second? MEMBER LEHNERT : Second. CHAIRPERSON WEISMAN : Seconded by Member Lehnert. Kim call the roll please. BOARD SECRETARY : Member Acampora how do you vote? MEMBER ACAMPORA :Aye. BOARD SECRETARY : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. _ BOARD SECRETARY : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD SECRETARY : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY :,Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Motion carries unanimously. It would appear we have a hand raised here I think. Well'no actually there's no testimony that we can take here so I don't know what do you want to do Board? Do you want to allow that? MEMBER LEHNERT : We wouldn't allow it in person. MEMBER PLANAMENTO : It's already been decided. If she has a question, maybe her question is when will the decision be published? 14 ZBA Special Meeting October 15, 2020 CHAIRPERSON WEISMAN : Well I will review that. This draft will be primed-up on letterhead and I will be going in to sign it either tomorrow or on Monday probably Monday given my schedule for tomorrow and then the applicant will receive a copy of it. The Building Department will receive a copy and it will be filed with the Town Clerk and legalized. Ellen I know you can hear me so we really can't entertain interaction with the public in this meeting forum so what I would ask you to do is to please contact the office tomorrow give Kim a call and I'm sure whatever is on your mind she can take care of at the time. We have two resolutions to vote on. Resolution to authorize advertising of hearings for Regular Meeting to be held on Thursday, November 5, 2020 which Regular Meeting will commence at 9:00 am so moved. Is there a second? MEMBER ACAMPORA : Second. CHAIRPERSON WEISMAN ` Seconded by Member Acampora. Kim call the roll please. BOARD SECRETARY : Member Acampora how do you vote? MEMBER ACAMPORA : Aye. BOARD SECRETARY : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD SECRETARY : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD SECRETARY : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Alright we will have a Regular Meeting on November 5th. Resolution to approve the Minutes from October 1, 2020 Regular Meeting so moved. Is there a second? MEMBER DANTES : Second. CHAIRPERSON WEISMAN : Seconded by Member Dantes. Kim call the roll please. BOARD SECRETARY : Member Acampora how do you vote? 15 ZBA Special Meeting October 15, 2020 MEMBER ACAMPORA : Aye. 5 BOARD SECRETARY : Member Acampora votes aye. Member Dantes how do you vote? MEMBER DANTES : Aye. BOARD SECRETARY : Member Dantes votes aye. Member Lehnert how do you vote? MEMBER LEHNERT : Aye. BOARD SECRETARY : Member Lehnert votes aye. Member Planamento how do you vote? MEMBER PLANAMENTO : Aye. BOARD SECRETARY : Member Planamento votes aye. Chairperson Weisman how do you vote? CHAIRPERSON WEISMAN : Aye. BOARD SECRETARY : Chairperson Weisman votes aye. CHAIRPERSON WEISMAN : Motion carries unanimously. Is there anything else anybody on the Board wants to bring up before we close the meeting? I'm going to make a motion to close the Special Meeting, is there a second? MEMBER ACAMPORA : Second. CHAIRPERSON WEISMAN : Seconded by Member Acampora. We can do this by hands raised. All in favor please raise your hand. I see everybody's hand raised. The motion carries unanimously. The meeting is closed. 16 ZBA Special Meeting October 15, 2020 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 the Special Meeting held on October 15, 2020. Signature : Elizabeth Sakarellos DATE : October 20, 2020 17