HomeMy WebLinkAboutZBA-12/22/2020 Hearing ZBA Special Meeting December 22, 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
December 22, 2020
5:40 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
DONNA WESTERMANN —Office Assistant
1
ZBA Special Meeting December 22, 2020
CHAIRPERSON WEISMAN : I'm going to open up the Special Meeting of the Zoning Board of
Appeals, December 22, 2020. The meeting is being held virtually via the Zoom online 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 or 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'd like to turn now to the work session of the agenda, does anyone have
any future agenda items that you want to bring up for the January meeting?We now we're going
to have an organizational meeting as scheduled and you will be getting information to review for
that meeting. Well we have appeal #7203 Cornell in East Marion, we received a letter dated
December 16t' requesting that a condition of waiver of merger be amended. The condition was
to let me see what condition number, condition number one, proof that waiver of merger is
effective by way of a deed from the applicant to a separate individual or entity conveying title to
that portion of the property and so on should be provided to the ZBA within two years of the
date of this decision and then failure to comply with this condition will result in nullification of
the waiver of lot merger granted herein. The property was sold, the application to file the deed
was submitted but the information here says due to COVID things are incredibly delayed and they
can't meet that deadline and they want to proceed with getting a building permit. The Building
Department will not allow that to happen until a deed is forthcoming based on that condition. So
I'm going to make a motion for the Board's consideration that we amend that condition to
remove the requirement prior to the building permit being issued to read that the condition shall
state that no Certificate of Occupancy shall be issued by the Building Department until a filed
deed is submitted to the Board of Appeals with a copy to the Building Department. That would
then enable them to go ahead and get a building permit. We do want to cooperate with people
during this very challenging time when everything is delayed and we do want to support local
businesses and they're ready to go so I'm going to make a motion as so stated. Is that clear to
everybody, any questions on it? I'm seeing shaking heads no, alright is there a second to that
motion then?
MEMBER ACAMPORA : Second.
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 ASSISTANT : Member Dantes votes aye. Member Lehnert how do you vote?
2
ZBA Special Meeting December 22; 2020
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. Kim will prepare an amended decision and we'll
have to prepare a cover letter to the attorneys representing the owner of the property so they'll
know how to proceed and we'll copy the Building Department on that. You'll prepare a draft for
me, I'll look it over you know edit as needed and then we'll take it from there. Then we have
appeal #7431 Matucci request for an extension. You all got a copy of that, that was a recent
decision. So we have a resolution to grant the extension as requested at the end of the meeting
along with the other resolutions but it was on the work session so I just wondered if there was
any questions or comments about it before we get to the end of the meeting. Thi's is the time to
talk about it, anything from anybody? You're all okay with it? Yes, okay nodding yes heads. So
we're going to leave that the way it is. Resolution to close Robert and Kim Cagnazzi #7440. We
have received what information we requested so I'm going to make a motion to close that
hearing, is there a second?
MEMBER LEHNERT : Second.
CHAIRPERSON WEISMAN : Seconded by Member Lehnert. Would you call the roll 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 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.
3
ZBA Special Meeting December 22, 2020
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. We have someone in attendees, Tim Ganetis.
MEMBER DANTES : He's for Cagnazzi one of the architects.
CHAIRPERSON WEISMAN : Well if you want as a courtesy we can it's harder on Zoom than what
we normally do but we can move that draft we have a draft to discuss and vote on before us.You
want to do that now as a courtesy is that alright with everybody?
MEMBER ACAMPORA : Yep.
CHAIRPERSON WEISMAN : So that would be draft number four. Would you just pull that from
your pile everybody and we'll take a look at that. Eric let me ask you to review for the Board you
know it's a long decision and everybody has read it of course right?
MEMBER ACAMPORA : Oh yea. .
CHAIRPERSON WEISMAN : Maybe you can just give us a very short review of the salient points in
this decision this draft decision.
MEMBER DANTES : Sure, this was a variance for a third floor living space and at the hearing the
applicant's agent also argued that third floors are permitted by code (inaudible) request the
variance so the draft runs through the prior decisions sited. It runs to the applicable law and it
determines that third floors are not permitted by code and for the area variance standards it
defines that third floors are not consistent with the character of the neighborhood.The applicant
did have other code conforming alternatives. It is a substantial variance and the applicant did
purchase the property knowing the code was in place. The Building Department has denied
habitable third floor spaces forever and so the variance is I make a motion to deny the variance
as applied for.
CHAIRPERSON WEISMAN : Are there any other comments anybody would like to make on this?
Just for the record let's note, the original building permit that they obtained and of course it's
still very much under construction there's just basically a foundation there, the building permit
was for a non-habitable attic and clearly they decided to amend those plans to make it a full
bedroom suite with bathroom and so on and that's where the Building Department it's Notice of
Disapproval. Anything else anybody wants to comment on this? Alright hearing no further
questions or comments I think we should go ahead and vote on this. Do you want to make the
motion Eric?
4
ZBA Special Meeting December 22, 2020
MEMBER DANTES : Motion to deny the application as applied for.
CHAIRPERSON WEISMAN : Is there a second from someone?
MEMBER ACAMPORA : Second.
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 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. Let's go back to the original order of
the agenda. This is a draft for AFJG LLC Alexander Jedynski#7435. Nick you want to just walk us
through what this request was for.
MEMBER PLANAMENTO :This is for an application for alterations and additions to a single family
residence in Harbor Lights where the property is located in the R40 zoning district which limits
lot coverage to 20%. The applicant is applying after an amended application during the public
hearing where we asked him to bring it more into conformity for a total lot coverage of 21.3%.
Additionally they need a front yard variance where the code requires 35 feet and they're applying
for 29.9 partially to include a covered front entry. The property itself had substantial decking,
there's a large pool all kinds of other improvements to the property some of which may have
originally been calculated also against lot coverage but with the application amended as applied
for I'd like to make a motion to grant the relief as amended which would allow a front yard
setback of 29.9 feet with lot coverage of 21.3%.
5
ZBA Special Meeting December 22, 2020
CHAIRPERSON WEISMAN : Okay so moved is there a second or is there any discussion?
MEMBER PLANAMENTO :There are also conditions.
BOARD ASSISTANT : Nick wasn't the amended lot coverage 20.9%?
CHAIRPERSON WEISMAN :Yes.
MEMBER PLANAMENTO :You're absolutely right, I'm sorry about that.They originally applied for
21.3 thank you for correcting me.
CHAIRPERSON WEISMAN : Hold on it's a front yard setback of 29.9 amended we have 21.3%
down to 20.9%. So they reduced that as we requested.
MEMBER PLANAMENTO : I would have loved to see them reduce the deck a little bit more but
they didn't do that.
CHAIRPERSON WEISMAN :Well it's really a pretty small variance.At this point it's very,very small
so alright.
MEMBER PLANAMENTO : So the only thing that I did not share were the conditions that we had
discussed as a Board and I'll read these to you. The applicant shall submit two original site plans
signed and stamped included the amended date of November 13th by their design professional
and that prior to receiving a building permit the subject property owner must sign a statement
acknowledging that they have read the determination, understand the limits of this variance and
that this is not a demolition. The applicant also is to install an IA innovative and alternative
wastewater treatment system.
CHAIRPERSON WEISMAN : Kim would you make a note, my copy does not have condition number
one in bold just simply to fix that before I come in and sign it.
BOARD ASSISTANT : Number one town law?
CHAIRPERSON WEISMAN : No condition number one.
BOARD ASSISTANT : Oh got it.
CHAIRPERSON WEISMAN : We'll put them all in bold. Okay so we have a motion from Nick did
someone second it?
MEMBER DANTES : I'll second.
CHAIRPERSON WEISMAN : Seconded by Eric member Dantes. Kim call the roll please.
BOARD ASSISTANT : Member Acampora how do you vote?
6
ZBA Special Meeting December 22, 2020
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. The next decision is Paul and Susan
Wachter#7429. Rob you want do the review.
MEMBER LEHNERT :This application is for a demolition of an existing residence on a Waterfront
property. They propose to construct a new residence where they asked for two variances a side
yard and a front yard. The reasoning for that is their house moved away from the water closer
to the street and they also proposed a new IA system. During public hearing and a little back;and
forth they amended the application to remove the side yard setback variance. While that
happened their front yard setback they're asking for went from 23.2 feet where a minimum of
40 is required to 20.6 but in doing so they like I said they got rid of one the side yard variances.
So this was written to deny as applied for and grant the amended relief with the condition that
they install a new IA sanitary system and the front porch should remain unenclosed and non-
habitable space.
CHAIRPERSON WEISMAN : It's interesting given the conversation we just had about the term non-
habitable.
MEMBER LEHNERT : It's an outside porch so habitable and non-habitable (inaudible) inside of a
house, you can't finish it, it's exterior.
BOARD ASSISTANT : Plus it's going to say unenclosed so that's a help.
CHAIRPERSON WEISMAN : I just want to be careful because we just had this discussion about
how the code defines certain things so just
7
ZBA Special Meeting December 22, 2020
MEMBER LEHNERT : So why don't we just lose and non-habitable and just put front porch shall
remain unenclosed?That'll solve that problem.
CHAIRPERSON WEISMAN :That's alright with me, do you want to do just that?
MEMBER LEHNERT : Yeah.
CHAIRPERSON WEISMAN : Okay. Well now are screens now going to be considered well it's a
front porch.
MEMBER LEHNERT : Screens are technically not enclosed.
CHAIRPERSON WEISMAN : I would say so but I don't know the Building Department would
determine
MEMBER PLANAMENTO : In other decisions you've actually written that it should be unscreened
you know they didn't apply for a screened in front porch they applied for a porch so maybe to
Leslie's point we should be a little bit more specific that it should remain unenclosed, unscreened
and I forget how we worded it but we even included the Isinglass material.
MEMBER LEHNERT : Unenclosed and unscreened, unenclosed would take the Isinglass away.
CHAIRPERSON WEISMAN : Unscreened will mean that they're not going to put walls around it.
MEMBER LEHNERT : Exactly.
MEMBER ACAMPORA : I've actually seen a couple two homes that I've seen recently, one in
Riverhead and one in Southold town where now I don't know why maybe because of COVID
they're hanging like a curtain or a drape a canvas on a porch to enclose the porch.
CHAIRPERSON WEISMAN : Maybe they're trying to eat outdoors.
MEMBER ACAMPORA : I have no idea. I just thought it was odd that I saw two of them.
CHAIRPERSON WEISMAN : It's to keep the cold from anyway that's where they throw the
grandchildren when they come to visit. So we have a motion to we're just going to change the
conditioning, Rob has made a motion to deny as applied and grant the relief as amended. 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?
8
ZBA Special Meeting December 22, 2020
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.The next one is the Estate of Thomas
Eiring by Stephen Gutleber Executor#7427. What is this one for?
MEMBER PLANAMENTO : The front yard setback.
CHAIRPERSON WEISMAN : So this was a 35 foot setback where the code requires a 50 foot.
Anybody have questions or comments on this? It's only 16.9% lot coverage.
MEMBER DANTES : He needed this variance because he has a D.E.C. setback that he had to
maintain.
CHAIRPERSON WEISMAN : Exactly. This isn't visible at all from the street. This is that (inaudible)
with a private right of way that winds all over the place. Any other thing that we should point
out here? I mean this whole thing does it already have they're going to put public water in there
and
MEMBER PLANAMENTO :The unique thing was the applicant stated that they're applying for and
will install public water at their expense for their neighbor the house that's owned by Peter
Dooley.
CHAIRPERSON WEISMAN : Yeah.
MEMBER LEHNERT :That means they have to, to get the septic system in.
CHAIRPERSON WEISMAN :Yeah they got to put in an IA system cause so much of that is wetlands.
I think they've done the best they could. I mean we waited for that D.E.C. input and then they
submitted the amended plan you know which incorporated comments from D.E.C. so this is as
good as we can get with this I think. Nick do you want to make the motion?
9
ZBA Special Meeting December 22, 2020
MEMBER PLANAMENTO : Yes I make a motion that we grant the relief or excuse me grant the
variance as applied for.
CHAIRPERSON WEISMAN : Okay is there a second?
MEMBER ACAMPORA : Second.
CHAIRPERSON WEISMAN : Seconded by Member Acampora. 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 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. Next we have Sterling Lane 1750
Sterling Lane LLC# 7441. What's this one, demolish an existing wood barn and construct a new
one. Oh yeah that's on the road that we couldn't find.
MEMBER LEHNERT : No it was easy, I used to work at Pinewood as a kid loading trucks.
CHAIRPERSON WEISMAN : Oh did you, well easy for you difficult for me.
BOARD ASSISTANT : Was this the one where there was a discussion or testimony about snow
plowing?
MEMBER ACAMPORA : Yes that was it.
MEMBER LEHNERT :That's the one.
CHAIRPERSON WEISMAN : Rob helped us come to our senses. Make a motion Rob.
10
ZBA Special Meeting December 22, 2020
MEMBER LEHNERT ' I'm going to make a motion to grant the variance as applied for.
CHAIRPERSON WEISMAN :There is one condition, site plan approval.
MEMBER LEHNERT : Yes site plan approval.
MEMBER DANTES : I'll second that.
CHAIRPERSON WEISMAN : Seconded by Member Dantes. 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 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. We're on Claudia Cebada-Mora LLC# 7442. This
is the one that's on a corner lot and they want to enclose their porch, their screened porch for
habitable space and they got a side yard issue with their existing deck which they want to replace
in kind right?
MEMBER ACAMPORA : Yes.
CHAIRPERSON WEISMAN : So it's a 9.9 foot side yard, huge back yard and what is the setback 40
feet and the minimum is 35 so the front yard setback is 34.08 rather than 40. They're not
changing (inaudible) they're just keeping what exactly
MEMBER ACAMPORA :They're staying within the footprint of the house.
CHAIRPERSON WEISMAN : Okay anything else from anybody?
11
ZBA Special Meeting December 22, 2020
MEMBER ACAMPORA : Nope just that the conditions are that the 117 foot=squate porch remain
unenclosed and non-habitable space and that the proposed 410 foot deck shall remain open to
the sky.
CHAIRPERSON WEISMAN : Okay looks fine to me, everybody ready to vote?
MEMBER ACAMPORA : I make a motion to grant the variances as applied for.
CHAIRPERSON WEISMAN : 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 : The motion carries. Next is #7443 Kristopher Pilles on Fishermans
Beach Rd. Let's briefly take a look at that. So this is to raise a house, it's practically on a bulkhead
right and move it closer to the road but it's still going to have in order to keep the front yard
setback conformingthey can only what's the bulkhead well we're calling it we don't do bulkheads
anymore so it's a rear property line setback a rear yard setback 24.8
MEMBER PLANAMENTO : The new rear yard setback will be 24.8
CHAIRPERSON WEISMAN : The code requires 50 it's just all (inaudible) guidelines.
MEMBER PLANAMENTO : I'm looking at a decision I think I have the wrong copy printed but the
decision I have it illustrates 35 feet but it is correctly at 50 feet.
12
ZBA Special Meeting December 22, 2020 _
CHAIRPERSON WEISMAN :"Yeah; yeah, yeah I've got the 50 foot one and that's what you have
Kim right?That was resent.
BOARD ASSISTANT : Are you talking about the rear yard setback of 50 feet so a variance is
required?
CHAIRPERSON WEISMAN : Yeah.
BOARD ASSISTANT : In town law II
CHAIRPERSON WEISMAN : It should be consistent throughout, it should be under the relief
requested and it should be in the substantiality and all that wherever you know
MEMBER ACAMPORA : It brings it into FEMA compliance.
CHAIRPERSON WEISMAN :Yep.
MEMBER PLANAMENTO : I think I printed the wrong copy.
CHAIRPERSON WEISMAN : But this is corrected to read accurately the 50 foot. Town Law III for
example it's a 50.4% relief for the rear yard setback and a 4.7% relief from the lot coverage but
the existing lot coverage is remaining exactly the same and was previously legally established by
a variance and it's going to have a much better impact with separation from that bulkhead. Nick
anything else you want to say about this?
MEMBER PLANAMENTO : No I think that we covered everything.The applicant did state that they
will be installing an IA wastewater treatment system and also and these are conditions too that
they will be using the flood vents and that the foundation shall be non-habitable.
CHAIRPERSON WEISMAN : You know what, why don't we say to install an unfinished closed
foundation. Nobody can possibly live in there with the flood vents.
MEMBER LEHNERT : If you stick a shovel in the ground there you're hitting the bay.
CHAIRPERSON WEISMAN : I know but we just
MEMBER ACAMPORA : I don't know I don't think even raccoon could live there.
MEMBER LEHNERT : During Sandy that place was under three feet of water. The guy across the
street I pumped out his basement which really was only like three feet high and I had fish coming
out of the back of my pump.
CHAIRPERSON WEISMAN : Why don't we just say an unfinished closed foundation with flood
vents.
13
ZBA Special Meeting December,22, 2020
BOARD ASSISTANT : Where is this?
CHAIRPERSON WEISMAN : Condition 4. See we use that term non-habitable all the time. So it's
good to just get you know our thinking a little more of what's going to help the Building
Department. We want to be clear with people, we don't want to have them having to come back
to use.
MEMBER ACAMPORA :You have that last condition.
CHAIRPERSON WEISMAN : No expansion of the single family residence or accessory storage
building.
MEMBER ACAMPORA : Yeah there's enough on that property.
MEMBER PLANAMENTO : There's a lot on that property.
MEMBER ACAMPORA :Yeah that storage thing is like a house.
MEMBER LEHNERT : It is a house.
CHAIRPERSON WEISMAN : Well in a way this removes their right to apply for a variance and I
wonder about to be perfectly candid I wonder about whether or not that is denying someone
their actual rights. I mean we could always if they applied we could always say you've gotlenough
on there now
MEMBER PLANAMENTO : But Leslie in prior decisions now that you said that I'm thinking about
it, you have a sentence that reads like 5 but then you'd say without coming before the Board
again but that's sort of implied.
BOARD ASSISTANT : We've had people come to us because of a condition and asking us to lift a
condition at a hearing, an application to lift a condition we've had that.
MEMBER DANTES : It's kind of like a (inaudible) statement cause he's over lot coverage so he
needs a variance anyway.
BOARD ASSISTANT : So if they do come back again for expansion it would be like you said lot
coverage or a setback and to remove the condition.
MEMBER DANTES : Yeah I mean anything he does he's gotta come back to us anyway.
CHAIRPERSON WEISMAN : That's why I'm wondering about the efficacy of the condition period
because in a sense we can't deny him his right to go to the Building Department;they would just
say no you can't and then he would have to either get the condition removed.
14
ZBA Special Meeting December 22, 2020
MEMBER PLANAMENTO : I think part of the spirit of my bringing that concept into this decision
was more about the accessory structure cause it's already a two story accessory structure which
is a little unusual. It's location was unusual so close to the property line
MEMBER ACAMPORA : So unusual, I don't know how it ever
MEMBER PLANAMENTO: and the use that I think it should just be reminded that it's an accessory.
CHAIRPERSON WEISMAN : Why don't we do this then, that's pretty reasonable; there should be
no further expansion of the existing accessory storage building.
MEMBER PLANAMENTO : Cause that's what it was really about, we never really got into having
that conversation during the public hearing about what that structure even is and they're not
moving it.
MEMBER DANTES : I think on the plan it said that the structure was not part of this application.
MEMBER PLANAMENTO : Exactly.
CHAIRPERSON WEISMAN : It did, it did. I think it might actually be habitable space up there on
the second floor I don't know. I have no way of knowing.
MEMBER PLANAMENTO : But it's described as an accessory meaning like a shed.
MEMBER ACAMPORA : If they took all the junk out of it, it would be habitable.
CHAIRPERSON WEISMAN : Alright so why don't we just say that there should be no further
expansion of the existing accessory storage building. I mean if they do anything to the house
they'll have to come back, this makes it pretty clear that that building is off limits. If we had to
remove a condition for a justifiable reason we would do it. I mean I don't want to be depriving
people of their right to go and apply for variance relief but this kind of gives them a sense of what
the Board is willing to consider. So we have a motion with just a change to condition 4 and 5 to
grant the variances, 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.
15
ZBA Special Meeting December 22, 2020
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. The next one is for Carrie Tintle#7444.This is on
Luptons Point Rd. This is legalizing an as built partially raised patio attached to the rear of the
dwelling having a distance of 29.7 feet from the rear property line. Eric any important points you
want to point out here?
MEMBER DANTES : No, I mean this is kind of a quirk in the code where the actual recorded
property line is different than the property line that's identified on the survey so I mean if you
use the property line from the tax map he's code conforming but on the survey they used the
mean high water mark which I think is what the code requires and that line changes depending,
on the time of the year, depending on the condition of the creek the water level so now his patio
is non-conforming. So I make the motion to grant as applied for.
CHAIRPERSON WEISMAN : Alright is there a second?
MEMBER PLANAMENTO : Second.
CHAIRPERSON WEISMAN : Seconded by Member Planamento. 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?
16
ZBA Special Meeting December 22, 2020
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. We're now on Tara Jernick#7445.
A corner lot again
MEMBER DANTES :Two front yards.
CHAIRPERSON WEISMAN : Yep here we go again. So there's an as built covered entry porch that
was built already that they're looking to legalize and it's 35 feet 1 inches from the front yard
where you need 40, what's the other one?They're proposing to add on a one story addition
MEMBER LEHNERT : A one story addition but that one that side street really isn't a street cause
it ends at the end of their property.
CHAIRPERSON WEISMAN : It's very wide too.
MEMBER LEHNERT : Yeah so this is one of those technical things you know if that wasn't a road
it wouldn't be here.
CHAIRPERSON WEISMAN : Okay, so we have a motion to grant the variances as applied for here
we go with condition number one again.
MEMBER LEHNERT :Just cross out and shall remain non-habitable.
CHAIRPERSON WEISMAN : I agree.
BOARD ASSISTANT : Do you want to say unscreened I don't know what this looks like.
MEMBER LEHNERT : It's a handicapped ramp.
CHAIRPERSON WEISMAN : No it's a portico you know there's also a little porch a vestibule thing
to go into the house. They couldn't really enclose it but I think it's enough to say open and
unenclosed.
MEMBER LEHNERT : Yeah that's it.
CHAIRPERSON WEISMAN :You want to make a motion Rob?
MEMBER LEHNERT : I make a motion to grant the variance as applied for.
17
ZBA Special Meeting December 22, 2020
CHAIRPERSON WEISMAN : III 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 : The motion carries. We're onto AGK RE Management LLC #7446 a
swimming pool in the front yard. That is the weirdest second front yard I've ever seen. I mean
what is it 30 feet wide or something. It's a big long driveway.
MEMBER ACAMPORA : Honestly I've never seen so much asphalt in one place.
MEMBER PLANAMENTO : I was just going to say who designed that house? Wouldn't he place it
either on the Stillwater side or closer to the front on Pequash?
CHAIRPERSON WEISMAN : Yeah it is strange. In fact I happen to run in to the applicant the
property owner you know just introduced myself and said no I don't need anything I'm just
looking around for the variance relief you're requesting and she said you know how many people
think that this is the back door. She says this is where UPS comes and leaves stuff you know some
houses are confusing particularly with you know kind of strange frontage.
MEMBER PLANAMENTO : To Pat's comment about the amount of paving I mean you'd think to
keep it simple you've got that little narrow driveway on the back side that would be more than
enough and you'd have a beautiful big yard.
MEMBER ACAMPORA : Exactly.
18
r
ZBA Special Meeting December 22, 2020
CHAIRPERSON WEISMAN :Well in any case this is sitting as far back from Pequash as two principle
dwellings so I don't think there's a problem.
MEMBER ACAMPORA :They have more than enough room for the pool.
MEMBER LEHNERT :Yeah.
MEMBER ACAMPORA : I just added the conditions as we usually do that they shall install a code
compliant fence to surround the pool and the pool mechanicals should be placed in a sound
deadening enclosure and a dry well for the pool de-watering shall be installed.
CHAIRPERSON WEISMAN : I have a question about just the first one the standard one, if that
property is totally fenced and the lowest fence is 4 feet okay, now if the entire yard is already
fenced I wonder if they have to do right around the pool also. I wouldn't know.
MEMBER ACAMPORA : I would think they would because they have those gates open.
MEMBER LEHNERT :They can also tie into that fence though for the pool.
CHAIRPERSON WEISMAN :You know what, let's just leave it and
MEMBER LEHNERT :The Building Department is going to flag him for that anyway.
MEMBER ACAMPORA : Exactly.
CHAIRPERSON WEISMAN : If we have to amend a condition we'll amend the condition.
MEMBER LEHNERT :The Building Department will get him for that.
MEMBER ACAMPORA :So I move that we grant the variance as applied for.
CHAIRPERSON WEISMAN : Is there a second?
MEMBER LEHNERT : Second.
CHAIRPERSON WEISMAN : Seconded from 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?
19
ZBA Special Meeting December 22, 2020
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. The last draft Robert McClean # 7447. This is an
addition, lot coverage 23.4% and rear yard setback of 34.85 feet where the code needs 35. It's a
so nothing but
MEMBER PLANAMENTO : Either bad designing or mismeasuring perhaps.
CHAIRPERSON WEISMAN : Yeah but it's so minimal to not aggravate the poor property owner
with going back to the architect for less than it's not even an inch it's ridiculous. Alright but the
bottom line is that's what's being proposed. They're being very careful about those
measurements and fine so this is for adding
MEMBER PLANAMENTO : We really didn't talk heavily about it but I'm afraid it's more of a
demolition but they've applied for alterations and additions.
CHAIRPERSON WEISMAN : Yeah well there is a condition in there that will alert the property
owner that if for some reason too much of this has to be demolished you know that they have to
inform the Building Department we've got that in good shape because it basically helps the
property owner to understand that if more rot shows up or damage to the existing structure than
what they anticipated cause what most property owners don't know it's the builder you know
and then they suddenly tear something down. We have a procedure that will you know make
things work smoothly.
MEMBER ACAMPORA : Yeah cause it looks like an old cottage.
CHAIRPERSON WEISMAN : Yeah and there's a condition here about removal of the old shed too
right?
MEMBER ACAMPORA :Yes.
MEMBER PLANAMENTO :They had said that they were taking it out that was going anyway.
20
ZBA Special Meeting December 22, 2020
CHAIRPERSON WEISMAN :So again we have front, rear and side porches shall remain unenclosed
and non-habitable. Should we just say unenclosed?
MEMBER ACAMPORA : Yeah.
CHAIRPERSON WEISMAN : Okay.
MEMBER PLANAMENTO : What about unenclosed, unscreened.
BOARD ASSISTANT : Unscreened.
CHAIRPERSON WEISMAN : Unscreened.
BOARD ASSISTANT : Does everybody agree unscreened?
CHAIRPERSON WEISMAN : Yeah because this could be screened in. It isn't likely but we want to
make it clear then that this is not the intent. In other words we're granting it as applied for. Okay
so Nick did you make the motion?
MEMBER PLANAMENTO : I'll make a motion then to grant the variances as applied for(inaudible)
on the site plan and architectural drawings subject to the conditions we just discussed.
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.
21
ZBA Special Meeting December 22, 2020
BOARD ASSISTANT : Chairperson Weisman votes aye.
CHAIRPERSON WEISMAN : The motion carries and that's the end of the drafts. Resolution to
authorize advertising,of hearings for Regular Meeting to be held on January 7th which Regular
Meeting will commence at 8:30 a.m. for executive session, then we're going to do the
organizational meeting we have a work session 9 o'clock work session Enclaves and then we have
a 9:30 organizational meeting and then 10 a.m.for Regular Meeting.So moved, is there a second?
MEMBER ACAMPORA : Second.
CHAIRPERSON WEISMAN :Seconded by Member Acampora,everybody raise their hand if they're
okay with that. Motion carries unanimously. Resolution to approve the Minutes from December
3, 2020 Regular Meeting, so moved is there a second?
MEMBER LEHNERT : Second.
CHAIRPERSON WEISMAN : Seconded by Member Lehnert. Raise your hands if you agree to that.
Alright resolution passes unanimously.Then we have a resolution to grant a six month extension
for Appeal # 7431 Barbara and Bob Matucci dated November 19, 2020 in order to obtain a
Certificate of Occupancy for as built improvements so moved. Is there a second?
MEMBER PLANAMENTO : Second.
CHAIRPERSON WEISMAN :Seconded by Member Planamento. Raise your hands to vote aye,okay
motion carries unanimously. I think that wraps it up pretty well.Anything from anybody else, did
I forget anything. No then alright I think we're done for the evening. Motion to close the meeting,
is there a second?
MEMBER PLANAMENTO : Second.
CHAIRPERSON WEISMAN :All in favor raise your hands. Motion carries unanimously the meeting
is closed.
22
ZBA Special Meeting December 22, 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 ZBA Special Meeting- held on December 22,
2020.
Signature : al &U
0 Elizabeth Sakarellos
DATE : December 29, 2020
23