HomeMy WebLinkAboutZBA-08/04/2022 Hearing TOWN OF SOUTHOLD ZONING BOARD OF APPEALS r.
COUNTY OF SUFFOLK: STATE OF NEW YORK
7-----------------------------------------------------------------------------------
TOWN OF SOUTHOLD
ZONING BOARD OF APPEALS
---------------------------------------------------------------------------------------
Southold Town Hall &Zoom Webinar Video Conferencing
Southold, New York
August 4, 2022
10:19 A.M.
Board Members Present:
LESLIE KANES WEISMAN - Chairperson
PATRICIA ACAMPORA—Member
ERIC DANTES—Member
ROBERT LEHNERT— Member
NICHOLAS PLANAMENTO— Member(Vice Chair)
KIM FUENTES— Board Assistant
DAMON HAGAN —Assistant Town Attorney
ELIZABETH SAKARELLOS—Office Assistant
DONNA WESTERMANN —Office Assistant
August 4, 2022 Regular Meeting
INDEX OF HEARINGS
Hearing Page
Cliff and Wyndy Sloan #7656 4- 6
Danny Vitale#7658SE 7 - 16
Joe and Amanda Bertollini #7660 16- 19
Luan Sadi, Halit Sadik Legacy Trust#7665 20- 21
Matthew Ketcham #7666 22 - 24
Theodore and Carissa Stratigos#7668 26 - 38
Douglas Bradford #7691 39-41
Doric and Ariadne Capsis#7672 42 -45
Joel B. Singer#7661 46-55
Joseph and Deborah Polidora #7697 55 - 61
August 4, 2022 Regular Meeting
CHAIRPERSON WEISMAN : Good morning everyone and welcome to the meeting of the Zoning
Board of Appeals for August 4th. Would you all please rise and join me in the Pledge of
Allegiance. Thank you. In person meetings are being held but as you know we're also on Zoom
so I'm going to ask Liz to please review for anyone listening in how they can participate via the
remote Zoom web access.
OFFICE ASSISTANT SAKARELLOS : Thank you Leslie, good morning everyone. If anyone wishes
to comment on a particular application if you're on Zoom we ask that you raise your hand and
we will give you further instructions on how you will be able to speak. We will move you in
and we will let you know when you can do that. If you are using a phone please press *9 to
raise your hand and then when the time is appropriate we will let you know what you have to
do next.Thank you.
CHAIRPERSON WEISMAN : Thank you Liz. Let me start with Resolutions for SEAR, declaring
applications that are setback/dimensional/lot waiver/accessory apartment/ bed and breakfast
requests as Type II Actions and not subject to environmental review .pursuant to State
Environmental Quality Review (SEAR) 6 NYCRR Part 617.5 c including the following: Cliff and
Wyndy Sloan, Danny Vitale, Joe and Amanda Bertillini, Luan Sadik, Halit Sadik Legacy Trust,
Matthew Ketcham, Theodore and Carissa Stratigos, Douglas Bradford,'Doric and Ariadne
Capsis,Joel B. Singer and Joseph and Deborah Polidora so moved. Is there a second?
MEMBER ACAMPORA : Second
CHAIRPERSON WEISMAN : All in-favor?
MEMBER ACAMPORA : Aye
MEMBER DANTES :,Aye
MEMBER LEHNERT : Aye
MEMBER PLANAMENTO : Aye
CHAIRPERSON WEISMAN : Aye.
August 4,2022 Regular Meeting
HEARING#7656—CLIFF and WYNDY SLOAN
CHAIRPERSON WEISMAN : The first hearing before the Board is for Cliff and Wyndy Sloan
#7656. This is s request for a variance from Article XXIII Section 280-124 and the Building
Inspector's February 7, 2022 Notice of Disapproval based on an application for a permit to
construct an accessory in-ground swimming pool at 1) more than the code permitted
maximum lot coverage of 20% located at 235 Rogers Rd. in Southold. Nick I believe you're
recused, would you like to leave and we'll call you when it's over. So this is a swimming pool
with lot coverage proposed at 20.5%.
ANTHONY PORTILLO : Yes ma'am, good morning Board.
CHAIRPERSON WEISMAN : Good morning.
ANTHONY PORTILLO : (inaudible) doing plans just getting ready for today I realized there were
some missing elements and I've revised the drawings I just want to let you know that I
stamped them and I brought nine copies of
CHAIRPERSON WEISMAN : Oh great just bring them up.
ANTHONY PORTILLO : So basically l added in the dry well, showed the fence and also where
the pool equipment will go.
CHAIRPERSON WEISMAN : Perfect I would have asked you for that anyway, you're getting to
know this. Well it's a very small lot coverage that's for sure.The existing I think is 17.7% is that
correct?
ANTHONY PORTILLO :That's correct.
CHAIRPERSON WEISMAN : Okay, so why not put in a pool that's if it's less than half a percent
why is that pool size what your client wants to put in?
ANTHONY PORTILLO : As you can see we dropped it down 10 feet and (inaudible) but normally
you'll see a pool that's say 20 feet wide or 18 feet wide. The whole reason for this is the
owner is a big swimmer and they're trying to put in a lap pool so they would have loved to do
like a 20 X 40 or a 18 X 40 so the 40 is really the size that they need for the lap pool and that's
the reason for the request and we dropped it to 10 which is really the minimum.
CHAIRPERSON WEISMAN : Yep you'll get like two lanes out of that.
ANTHONY PORTILLO : Exactly so it's really that's what it's for so even if we were like take a
couple of feet off the length we're still going to be over so I figured we ask for the 40 a proper
lap pool.
August 4, 2022 Regular Meeting
CHAIRPERSON WEISMAN : Okay fair enough. Let me see if there's any questions on the pool,
anything from you Rob?
MEMBER LEHNERT : You just asked and he answered what I had.
CHAIRPERSON WEISMAN : Pat anything on the pool?
MEMBER ACAMPORA : Not on the pool.
CHAIRPERSON WEISMAN : Eric
MEMBER DANTES : I do not.
CHAIRPERSON WEISMAN : I don't think anyone on the Board has an issue with the swimming
pool that's being proposed however you do know we go to inspect properties on every
application before a hearing. It would appear that the building that's labeled accessory the
existing accessory building we checked, it does have a 2003 CO for that building Z29924 but
it's for an as built accessory garage and there was a pre-certification by Mark Schwartz
architect as you know dated December 20, 2003 that it probably allows for the full bathroom.
Typically there would only be a half bath. However it's heated, it's air-conditioned, there's.
other plumbing in there, there are sofas, there's a,desk-it's clearly been fully used as habitable
space of some sort and not a storage garage with a full bath. We're going to have to do
something to remedy that. I don't know if anybody wants to make some comments about that
or I mean I know that's not what you're actually doing here for your client but we need to
inform them that this because as you know when we go out there and inspect we inspect the
entire property that's our obligation.
MEMBER ACAMPORA : Maybe they would consider making it a pool house.
ANTHONY PORTILLO : I was actually going to suggest that we (inaudible) application to turn it
into a pool house (inaudible) that's the best way to
CHAIRPERSON WEISMAN : I think so and then you know just make sure that you conform'to
the requirements of a pool house which is in the code and it's pretty clear size wise and what
you can do and can't do in it.You already have the full you might have to take the shower out.
ANTONLY PORTILLO : I think that's a discussion with the Building Department due to the
current C.O. allowing the bathroom I don't know how that would play out I guess.
CHAIRPERSON WEISMAN : It might be grandfathered in and that's okay you know if that's
what they call it. I know there's an outside shower also there. I don't think you can have you'd
have to legalize the pool which we can do pretty quickly prior to applying for a pool house.
August 4, 2022 Regular Meeting
ANTHONY PORTILLO : I believe I can submit the applications together like pool and pool house
together.
CHAIRPERSON WEISMAN : You probably could but in order to qualify for a pool house you
have to have a pool.
ANTHONY PORTILLO : Right correct.
CHAIRPERSON WEISMAN : We had that actually happen before they had a swimming pool at
all they were calling something a pool house I said I don't think so.
MEMBER LEHNERT : Once he has the permit for the pool he can legalize the pool house, that's
all he needs.
CHAIRPERSON WEISMAN : Absolutely.
ANTHONY PORTILLO : I would do it parallel, I've filed for pools and pool house at the same
time. I don't think they'd have a problem with that.
MEMBER LEHNERT :They shouldn't.
ANTHONY PORTILLO : They shouldn't I that that's fine.
CHAIRPERSON WEISMAN : The way that it's set up now that's just what they would be using it
for anyhow. Good so we can solve that problem. I don't think there's anything else is there, is
there anyone in the audience that wants to address the application? Is there anyone on Zoom
Liz? Okay I'm going to make a motion to close the hearing reserve decision to a later date. Is
there a second?
MEMBER ACAMPORA : Second
CHAIRPERSON WEISMAN : All in favor?
MEMBER ACAMPORA : Aye
MEMBER DANTES : Aye
MEMBER LEHNERT : Aye
CHAIRPERSON WEISMAN : Aye. We'll condition approval you know on this discussion we just
had.
August 4, 2022 Regular Meeting
HEARING#7658SE— DANNY VITALE
CHAIRPERSON WEISMAN : The next application before the Board is for Danny Vitale #7658SE.
Applicant requests a Special Exception under Article III Section 280-13B(13). The applicant is
the owner of subject property requesting authorization to establish an accessory apartment in
an existing accessory structure at 7125 Main Bayview Rd. in Southold. So why don't you start
out on this one.
ANTHONY PORTILLO : So the building that's in question the one that we are requesting the
accessory apartment in is an existing structure that was a barn, there is an open application
on the main house they did a renovation there which he's finalizing and they did put a poo in
under that or another application but it's part of that process, a pool a pool patio obviously
fixing up the yard etc.
CHAIRPERSON WEISMAN : There's no C.O. on that pool yet?
ANTHONY PORTILLO : No ma'am.
CHAIRPERSON WEISMAN : Or the house?
ANTHONY PORTILLO : No it has a permit.
CHAIRPERSON WEISMAN : A building permit?
ANTHONY PORTILLO : Yes ma'am. So the idea here was to try to utilize the barn for a couple of
uses and one would be to have a pool house which would be off the pool deck area and then
using the top floor for an accessory apartment for his parents. So keeping in line with the 750
sq. ft. we you know it's a gambrel shaped roof on the third floor and we created knee walls
basically to bring the square footage into compliance with what's allowed for an accessory
apartment. We are proposing basically a staircase that comes from the ground floor up to the
third story. We will have to put in automatic sprinklers which we plan on doing for that floor
and we did design a new IA system for the accessory apartment and the pool house will also
leach into there as well for the plumbing. Currently we were unable to submit without the
apartment they are requesting a letter from the Building Department and Mike at this time
needs approval from the Board and then he's going to write us the letter so we can move
forward with the Health Department application.
MEMBER DANTES : I have a question for you Anthony, these applications don't go to the
Building Department so if the state code is requiring you to go get a sprinkler system wouldn't
that also trigger the need for an area variance for our review? Wouldn't it be defined by our
code as a third floor?
74
August 4,2022 Regular Meeting
ANTHONY PORTILLO : So the third story based on the state code 6 feet from grade to finished
floor what I call the main level but I guess now it would be the second floor creates a story.
The ground floor is going to be garage and storage that's basically what that level is for but
due to
MEMBER DANTES : Is more than fifty percent of that ground floor above grade?
ANTHONY PORTILLO : Yes
MEMBER DANTES :That might trigger an area variance review for us.
CHAIRPERSON WEISMAN : That's a story. ,
ANTHONY PORTILLO : No it's considered a story. I don't think the building is over the 35 feet
though in height but it's an existing building so maybe I'm misunderstanding, we're not
requesting new building.
MEMBER DANTES : No I understand that, I'm thinking the Building Department once they see
your actual plans might call it a third floor and you'll need an area variance.
ANTHONY PORTILLO : We did submit these plans for the denial letter. Oh no I'm sorry this is
for
CHAIRPERSON WEISMAN : No it's a Special Exception, that's the problem'Mike doesn't look at
these because we have original jurisdiction on it and that I think is a problem frankly because
then we have to send people back when we discover variances and he should be deciding as
the expert of how that works. The only think he looks. at is the livable floor area, we have a
form that he fills out for us. So there's a lot of issues here though, one of the things was that
when we went there the plans that we have had no relationship to what we observed under
construction it didn't look the same at all. So we weren't sure what was going on, is that right?
MEMBER LEHNERT : Other than the outside of the building it wasn't even close. There were
stairs existing and doors that just didn't exist on the plan. I don't believe that per code the
third story entry doors, stairs I mean what we think was the pool house facing the pool you
walked in and there was a set of stairs exactly the opposite wall where you show them.
ANTHONY PORTILLO : The stairs that are adjacent to the pool house on our plans?
MEMBER LEHNERT : Correct
ANTHONY PORTILLO : We have it on our site plan. I mean this is representative of what is
going on now on the survey so
August 4, 2022 Regular Meeting
MEMBER LEHNERT : There's a staircase that goes I mean have they been out there building
stuff and you haven't been back?
ANTHONY PORTILLO : Possibly
MEMBER LEHNERT :That's what I think went on.
ANTHONY PORTILLO : I'm not the architect for the main house someone else did that and it
was actually I think that when he bought it there was already a permit and basically kept going
with the construction.
MEMBER LEHNERT : I was trying to go out there and make heads or tails of like where are we
on the plan and you know I know that you have a lot of it as proposed but there's stuff there
that exists that's not even represented here.
ANTHONY PORTILLO : Okay I'll have to look into that, I didn't realize maybe he did do things
that
MEMBER LEHNERT : Yeah a lot of it is you know brand new, new floor, new stairs it looked like
he just bought them and had them installed.
ANTHONY PORTILLO : That's a possibility, again the survey based on what was received
11/15/2021 is what we represent on our site plan so
MEMBER LEHNERT : I'm not looking at the site but you know when you go in the building I'm
trying to make heads or tails of what you proposed and I'm seeing brand new construction
which is completely opposite of what you
ANTHONY PORTILLO : In the accessory building?
MEMBER LEHNERT : Uhuh
CHAIRPERSON WEISMAN : You gotta go look.
MEMBER LEHNERT : You gotta go look it's not even close.
ANTHONY PORTILLO : I don't know why he's doing any construction in there he shouldn't be.
MEMBER ACAMPORA : There's different stairs going to different places that are not on the
plans. It just doesn't make any sense.
MEMBER LEHNERT : This isn't old existing stuff this is brand new stair builder just deliver
MEMBER ACAMPORA : Brand new stairs.
August 4,2022 Regular Meeting
MEMBER LEHNERT: New wood floors.
ANTHONY PORTILLO : Oh really.
CHAIRPERSON WEISMAN : Radiant heat.
ANTHONY PORTILLO : When I was there it was basically open I mean there was a subfloor on
the third story and like a temp stair that went up there and there was a subfloor where we're
proposing the pool house. I mean I haven't been in there like in four months when we
submitted the application.
MEMBER ACAMPORA : There's the stairs in the garage leading up to what is like a storage
space, it's all strange.
MEMBER LEHNERT : And then there's like you know brand new wood flooring coming off the
pool with the stairs in the back of that room going up to your proposed third story in exactly
the opposite space you proposed it.
CHAIRPERSON WEISMAN : Then there's another thing to look at, typically now I know this is a
big barn and this may be a problem as well, the town in trying to convert large you know pre-
existing non-conforming buildings accessory building. Nevertheless I can see why (inaudible)
how big it is you would be tempted to do a couple of things with it, nevertheless I believe that
an accessory pool house or an accessory apartment only one of those is permitted as an
accessory to the storage garage function. I mean one is the principle use of the building and
the other is an accessory too so this would certainly be sited for at least one non-permitted
use. I don't believe you can have both a pool house and an apartment and you know garage in
that building.
ANTHONY PORTILLO : I sort of look at it like a garage with an accessory above it that you
would kind of like the accessory would be on the second floor and we would carve out a space
for a pool house if you had a pool and still have storage in front of that pool house.
CHAIRPERSON WEISMAN : In the code they define it as specifically different uses permitted
under certain circumstances.
ANTHONY PORTILLO : Understood, uses though being separated by fire barriers are separating
those uses in one building.
CHAIRPERSON WEISMAN : Again if you had gone to the Building Department you would be
before us with a request of overturning the Notice of Disapproval that essentially said that
these are not permitted uses, there's two uses here.
August 4, 2022 Regular Meeting
ANTHONY PORTILLO : Got it.
MEMBER LEHNERT : And I'm sure if you look at state code you're probably correct but if they
flip that back to zoning.code it's completely different.
ANTHONY PORTILLO : Understood.
MEMBER PLANAMENTO So Anthony one other thing which -my calculations might be wrong
but the stair entry at the lowest level leading to the third-level is like 180 sq. ft. approximately
but it's calculated two times to get up so that's 360 sq. ft. of the maximum 750 allowable so
that presents also size wise square footage-wise.
ANTHONY PORTILLO : So I'm sorry it would be counted two times for a stair hall like that?
MEMBER PLANAMENTO : My understanding yes.
ANTHONY PORTILLO ' Or would it be (inaudible) staircase itself being'calculated?
MEMBER PLANAMENTO : So that might be then cause part of the stairs of course calculated
on the first (inaudible) may be reduced but it's still I think presents
ANTHONY PORTILLO : Is that a Building Department question, because from my understanding
we had this discussion on another project and I went back and I looked at the state code and
the state code has the way they look at things and stairs,are not included and that's where my
misunderstanding was and then I did look at town code and town code does indicated stairs,
MEMBER PLANAMENTO : the landing the foyer area
ANTHONY PORTILLO : Right, so but again in this scenario we're the first story is one thing and
you basically just have air right in the stair
MEMBER PLANAMENTO : (inaudible) Mike's determination but I think they were counting the
stair and then the additional stair to go up so (inaudible) but obviously that needs to be
subtracted out of the 750 maximum livable square footage.
MEMBER DANTES : (inaudible) that third floor wouldn't be a hurdle for you, the uses are
exceeding the number of uses that would be a hurdle,the floor area you can figure,out.
ANTHONY PORTILLO : I would say that the pool house would be probably something they
would want to take out of the use and just make everything storage and then have the
accessory apartment I would imagine based on our conversation. So I would have to take a
look at that but all noted it seems like I can ask for relief on two uses in a building like this
(inaudible) but it sounds like
August 4, 2022 Regular Meeting
CHAIRPERSON WEISMAN : No we can grant relief for the square footage of something that
would be a dimensional but we can't grant relief for uses that are not permitted unless we
disagree do a code interpretation and say they are permitted then we have jurisdiction to do
that if someone requests that has standing otherwise no. I mean I think maybe what we need
to be doing in this at least we flushed out all the issues so what I think you need to do is go
and talk to Mike number one and show him this application
MEMBER ACAMPORA : He needs to go out and look at the
ANTHONY PORTILLO : I have to talk to my client.
MEMBER LEHNERT : You need to verify what's there.
CHAIRPERSON WEISMAN : (inaudible) and in addition you might want to take note that the
garage door is fake. There's a gap above it this big (inaudible) get it flush with the header. So
just go find out because you owe it to yourself, your name is on the line here.
ANTHONY PORTILLO : No I know I didn't honestly the construction I saw was in the main
house at the time I was there I didn't see any construction going on in this.
CHAIRPERSON WEISMAN : Go have a look and call our office, discuss what's going on with
(inaudible),talk to your client and then certainly talk with the Building Department.
MEMBER PLANAMENTO : So the other thing also the code indicates that a pool house has to
be in a one story structure. I don't think it's allowed to be in a multi-story structure.
ANTHONY PORTILLO : I'll take a look at that.
MEMBER LEHNERT : We also were missing a ton of information from the applicant, proof of
residence, whose renting it
MEMBER DANTES : I have that in mine.
MEMBER LEN ERT : I don't have any of that.
CHAIRPERSON WEISMAN : We have some.
MEMER PLANAMENTO : We have a lease.
CHAIRPERSON WEISMAN : It's an unsigned lease.
MEMBER PLANAMENTO : And you stated it's his parents but there's nothing showing birth
certificates or
August 4, 2022 Regular Meeting
MEMBER LEHNERT : Yeah drivers licenses and
ANTHONY PORTILLO : Okay
CHAIRPERSON WEISMAN :'I mean that's assuming he wants to pursue that. You have to you
know you really gotta have the overview here and flush out'the issues and make it compliant
depending which way you're going with this and then you know deal with the Building
Department and come back to us. I think the best thing to do at this point is to save you some
time and money is to adjourn this without a date because who knows how long it's going to
take.
ANTHONY PORTILLO : I appreciate that.
CHAIRPERSON WEISMAN : Does that make sense to everybody?
MEMBER LEHNERT : Absolutely
CHAIRPERSON WEISMAN : Anyone in the audience wanting to address the application? Don't
be nervous we don't hurt anybody.
PAMELA THOMPSON : My,name is Pamela Thompson, I live in a house that was built 'in the
1760's it predates just about everything around me. We've lived there for twenty two years.
We bought the house shortly_after (inaudible) with the lots three separate lots which included
this long (inaudible) foot wide driveway that allows that access lot number three to be used
for living space. That started out as two barns on the property, the big barn he was talking
about had a plain regular barn roof. This person who is doing the building angled that out that
was one of the first things and the other barn had gotten approved for a small ranch house
the McCartells lived in (inaudible). So that's a very long narrow driveway it's 15 feet in some
spots from-our house, I can't move my house and it's 'interesting because I sat down and
looked at the file the other day and I started writing down a bunch of questions so I hope you
don't mind if I go through it because a lot of what you're just talking about are things I
question. So just to put it in a nut shell, my concern is not how the people use their property
they're entitled to use their property but especially in this situation with the road so close to
our house it's things that happen,there mean something. and they will .mean something
forever because you can't un ring a bell once you (inaudible)special exception. So,two issues
for me are noise and numbers, noise just the number of people traveling up and down the
driveway now, they put in the noisiest driveway you can possibly have pea gravel and I have a
sample sound from one of the roads from our house if you would like to hear what that
sounds like when the post lady went in there the other day. So that was her leaving back by
the back barn there and then driving out and that was one trip. So what I'm concerned about
it a number of potential people living in the place and since people have a right to have small
August 4, 2022 Regular Meeting
businesses in their homes as well with what up to one employee I think there's going to be a
lot of noise and a lot of activity generated on the property. I don't know how many C.O's there
are. I know when Tom Dunn put up that shell that house was unfinished so I don't know how
anybody could have been living there since (inaudible). There was no C.O. it was a shell the
house. I know there was no pool so there couldn't have been a pool house and so I don't think
there are any C.O.'s in place for anything and my question is how many C.O's are going to be
issued, how, many of those spaces are habitable space? The other thing that concerns me,
especially when properties are not easily seen from the road is that you leave it to.the
neighbors to be the enforcers if something funky is going on there. I mean they're saying it's
going.to be a family member (inaudible) but what if they sell the house, then all of-a sudden
you're getting a whole bunch of(inaudible).
CHAIRPERSON WEISMAN : Well that I can address, the only way that an accessory apartment
in an accessory structure is permitted is there's a specific set of standards that people have to
make, number one the owner of the property has to be living in the principle residence as
their principle dwelling. They can go on vacation, they can have another apartment
somewhere that's number one and it has to be documented. Number two, the only people
who qualify to live in an accessory apartment would be either someone who is on or qualifies
for the affordable housing registry which they can interview and chose from or it has to be a
family member and that has to be documented by birth certificates, marriage certificates and
so on and signed leases. It's a full time occupancy on an annual basis with an inspection by the
Building Department on an annual basis. Next it is not transferable to new owners.
PAMELA THOMPSON : Oh really.
CHAIRPERSON WEISMAN : Well because we can't we would then have to verify if the new
owner .met those standards. So .any condition of approval that we might make on any
application of that kind would be conditioned based upon not transferable to another person
and the same is true with bed and breakfast. It may not be in the code but it's in our decisions
for that reason because you have to live in your house to operate a bed and breakfast and
open a few rooms to guests. So there are some safeguards in place with regard to that okay.
PAMELA THOMPSON : So the other thing I'm wondering about is this thing you were' just
talking about, the 'pool house and the accessory apartment. It just sounds like logistic
gymnastics to me frankly what's the difference between'a pool house and a an accessory
apartment?
MEMBER DANTES : It's defined in our code, the pool house can't have a bedroom or a full
bath (inaudible)
August 4, 2022 Regular Meeting
CHAIRPERSON WEISMAN : It's for a changing room, it's a half bath a changing room, it could
have a window air-conditioner in it, it can have a little under the counter refrigerator for cold
drinks or something but it's meant to be an accessory to the swimming pool. It is defined very
differently than an apartment and that's what we're trying to flush out here with the
architect. We have to make sure we don't believe all of those uses are permitted in one
building so we're going to see how he handles this with his client and how the Building
Department determines you know what hoops they have to jump through to put'it that way.
What approvals they need to have.
PAMELA THOMPSON : Then you know the big issue for us is the noise level frankly on the road
on the driveway I mean it's just every time somebody drives in and out you can hear what it is
so you start you know (inaudible) residents, visitors but if there's a smaWbusiness attached
clients you know if you got the accessory apartment you got living in the accessory apartment.
MEMBER DANTES : They're not supposed to (inaudible) clients, you're not supposed to be
entertaining clients. Like a home office where you work you're not supposed to be meeting a
client.
CHAIRPERSON WEISMAN :,And I will say this because I can certainly commiserate about the
noise from gravel driveways cause I live right next door to one and they're lovely people they
bought the house from the person that put this huge, huge long gravel driveway and parking
area into their attached garage. We can't we have no jurisdiction over that and unfortunately
we can't I mean it is what it is. There was a I guess in some respect those gravel driveways are
preferable to asphalt simply because they're permeable and they don't have the,kind of
runoff that asphalt does but I'm on a big slope I had no choice but to put an asphalt. They got
around it by making a driveway that goes like they're climbing up a hill that goes like this
there's nothing I can do but smile at them and put in ear plugs and there's plenty of Fed Ex
trucks all the time. Unfortunately there are things we can do with this application but the
driveway is not one of them.
PAMELA THOMPSON : Oh that's unfortunate because that really is the quality of life I'mean
it's 15 feet you know why that was ever allowed to happen (inaudible) but yeah the noise
level is just extraordinary and there's no escape from it.
CHAIRPERSON WEISMAN : Is there anything else you'd like to
PAMELA THOMPSON : No
CHAIRPERSON WEISMAN : Thank you for your testimony. Is there anyone,on Zoom? Anyone
else in the audience? Okay I'm going to make a motion to adjourn the hearing without a date,
is there a second?
August 4, 2022 Regular Meeting
MEMBER LEHNERT : Second
CHAIRPERSON WEISMAN : All in favor?
MEMBER ACAMPORA : Aye
MEMBER DANTES : Aye
MEMBER LEHNERT : Aye
MEMBER PLANAMENTO : Aye
CHAIRPERSON WEISMAN : Aye. The application that was scheduled next for Daniel and Linda
Lynch requested an adjournment, I'm going to make a motion to adjourn this hearing.
MEMBER PLANAMENTO : Second
CHAIRPERSON WEISMAN : All in favor?
MEMBER ACAMPORA : Aye
MEMBER DANTES : Aye
MEMBER LEHNERT : Aye
MEMBER PLANAMENTO : Aye
CHAIRPERSON WEISMAN : Aye.
HEARING#7660—JOE and AMANDA BERTOLLINI
CHAIRPERSON WEISMAN : The next application before the Board is for Joe and Amanda
Bertollini #7660. This is a request for variances from Article XXIII Section 280-124 and the
Building Inspector's January 25, 2022 Notice if Disapproval based on an application for a
permit to demolish (as per Town Code definition) and reconstruct a new single family dwelling
at 1) located less than the code required minimum front yard setback of 35 feet, 2) located
less than the code required minimum side yard setback of 10 feet, 3) located less than the
code required minimum combined side yard setback of 25 feet located at 480 Sterling Place in
Greenport. Would you state your name for the record please.
August 4, 2022 Regular Meeting
STEVEN AFFELT Hi my name is Steven Affelt, I'm representing Joe and.Amanda for the
variance thank you for hearing us today.
CHAIRPERSON WEISMAN : It looks like we have a side yard setback I'm sorry front yard
setback of 16.25 feet the code requiring 35 minimum, a side yard setback at 1.9 feet which is
existing the code requiring a minimum of 10, a combined side yard setback of 15.8 feet where
the code requires a minimum of 25 feet. This is second floor addition?
STEVEN AFFELT : Right and a small first floor addition.
CHAIRPERSON WEISMAN : It's a screened porch is it, yeah a new screened porch with a
second story over. What would you like to tell us about this application?
STEVE AFFELT : This application is for an existing building difficult lot. We are pressed up
against the side yard so no matter what we're doing it's always going to be a variance here.
We did our best to try to create more space with the proposed additions between the side
yards and the two additions but there's only so much we can do if we're going to do anything
at all and we're trying to maintain the existing foundation, first floor walls and just build up
and a little bit to the back. It's (inaudible) to their growing family and we're trying to stay
within the character of the neighborhood of which there are many houses that are like this
against the lot line, two stories and built in a similar fashion probably around a similar date. If I
haven't answered any questions if there's anything I can explain.better please let me know.
CHAIRPERSON WEISMAN : Let me see, Nick do you have any questions?
MEMBER PLANAMENTO : Well sort of one just relative to the character of the neighborhood
as mentioned (inaudible) similar to others on the street, I was taken back I've driven by that
road many, many times but (inaudible) they're all the same bungalow home.The vast majority
when I counted them there are eighteen homes they're all one story so perhaps you can talk a
little bit about how a two story residence will fit into the character of the these small
bungalows.
STEVE AFFELT : The next door neighbor is actually a two story house. It's very similar to that
fashion to what we're trying to do here not encroaching on the side yard. The second floor
was pushed back on the side yard as well. Their front yards are basically the same. I guess on
the other side of the street I guess there are a few two story bungalows or a story and a
halves but they're different construction fashion they're almost like a (inaudible). Really it's I
guess our design is not exact character with every other house in the neighborhood but there
are similar (inaudible). I wish I would have a photo for you but I actually don't have any with
me.
August 4, 2022 Regular Meeting
CHAIRPERSON WEISMAN : Can you do a little research and submit any prior variance decisions
for side yard setbacks in that area, there are lots of them. The whole neighborhood is full of
them. If you wanted to put in a shed you needed a variance practically.
STEVE AFFELT : I could do that.
CHAIRPERSON WEISMAN : Also it doesn't help the fact that the house is not parallel to the
property lines and that's pre-existing non-conforming.
STEVE AFFELT : There are many issues with trying to do anything on this lot so I guess if we try
to do our best to
MEMBER LEHNERT : Anything you would try to do you would be in front of us.
STEVE AFFELT : So I'm sorry research for older variances
CHAIRPERSON WEISMAN : Prior variances on that street or one street over just within the
general area don't go nuts just within that cause there are plenty of them.
STEVE AFFELT : Photo documentation
CHAIRPERSON WEISMAN : In fact I think that maybe that second story next door might be one
of them.
STEVE AFFELT : I wouldn't be surprised.
MEMBER PLANAMENTO : That was an older house no?
CHAIRPERSON WEISMAN : Yeah it's an older house but it could have had a variance any in the
sixties. If you need assistance on how to access Laser Fiche call the office.
MEMBER PLANAMENTO : This is part of Greenport's sewer district?
STEVE AFFELT : No this one is (inaudible) to install an IA system.
MEMBER PLANAMENTO : I was just curious,the address it shows 516 Sterling
STEVE AFFELT : It is 516 Sterling, I'm not sure why it always comes up as 480 but it's been an
ongoing problem.
MEMBER ACAMPORA : Yeah remember one time it's the same it's a post office thing.
STEVE AFFELT : I tried to label it 516 for the letters going out for the neighbors because they
know it as 516 but we're kind of using 480 and 516 (inaudible) every time we do a filing.
August 4,2022 Regular Meeting
CHAIRPERSON WEISMAN I get it, okay anything from anyone else on the Board? Is there
anyone in the audience who wants to address the application? Is there anyone on Zoom Liz?
Oh please come forward right over there and state your name.
JOE BERTOLLINI : Hi my name is Joe Bertollini I'm the homeowner and I just want to mention
one of the questions that came up it was about a two story structure, the original house that I
grew up in was a two story structure on that same lot. In 1977, '78 it's succumbed to a fire
and it was rebuilt as a single story. So the original house on that property was two stories very
similar to the one next door.
CHAIRPERSON WEISMAN : That's very interesting.
JOE BERTOLLINI : I just-wanted to mention that (inaudible).
CHAIRPERSON WEISMAN : Local history. Anything else from the Board Members? I'm going to
close the hearing subject to receipt of additional variance relief granted in the area. Is there a
second?
MEMBER DANTES : Second
CHAIRPERSONWEISMAN : All in favor?
MEMBER ACAMPORA : Aye-
MEMBER DANTES : Aye
MEMBER LEHNERT : Aye
MEMBER PLANAMENTO : Aye
CHAIRPERSON WEISMAN Aye. Oh the next one, is an adjournment. I make a motion to
adjourn as requested by the applicant Peter and Gretchen Lang#7663, is there a second?
MEMBER ACAMPORA : Second
CHAIRPERSON WEISMAN : All in favor?
MEMBER ACAMPORA : Aye
MEMBER DANTES : Aye
MEMBER LEHNERT : Aye
MEMBER PLANAMENTO : Aye
August 4, 2022 Regular Meeting
CHAIRPERSON WEISMAN : Aye the motion carries.
HEARING#7665—LUAN SADIK, HALIT SADIK LEGACY TRUST
CHAIRPERSON WEISMAN : The next application before the Board is for Luan Sadik, Halit Sadik
Legacy Trust #7665. This is a request for a variance from Article XXII Section 280-116A(1) and
the Building Inspector's March 3, 2022 Notice of Disapproval based on an application for a
permit to construct additions and alterations to an existing single'family dwelling at 1) located
less than the code required 100 feet from the top of the bluff located at 2200 Sound Drive
(adj. to Long Island Sound) in Greenport. Hi state your name,please. .
ROBERT CONWAY : Hi I'm Robert Conway I'm the architect for the applicant's and I'm here on
their behalf. Essentially what we're looking to do is add a second floor to this ranch style
home. The home was built in '66 it predated the (inaudible) of the top of the bluff setback. So
we're sticking directly to our footprint building up. The dimension from the top of the bluff is
57.5 and that's going to the second floor terrace, the actual building itself 69 % (inaudible). So
we're trying to minimize the dimensional relief we're asking for but when it comes down to an
existing building on an existing foundation there's a lot then to (inaudible).
CHAIRPERSON WEISMAN : There's a front yard setback of no wait a minute where am I, so it's
a bluff setback of 57.5 and that's where the existing dwelling is?
ROBERT CONWAY : Correct
CHAIRPERSON WEISMAN : The house it's all within 100 feet of the bluff then. You need to be
before the Trustees as well I presume.
ROBERT CONWAY : We already have administrative approval from the Trustees just a second
floor addition and alterations to the first floor.
CHAIRPERSON WEISMAN : We also have a 1986 ZBA prior with approval with a pool at 30 foot
bluff setback. I wonder what that bluff setback is today. I see that it was granted from
Trustees on September 24, 2021. Let me see if there's anything from the Board, Eric?
MEMBER DANTES : Is there any are you demolishing the first floor or you're just building up
top?
ROBERT CONWAY : Just building on top, the only action happening on the first floor is to
accommodate the stair.
August 4, 2022 Regular Meeting
MEMBER DANTES : Other than that it's just a second floor addition?
CHAIRPERSON WEISMAN : Pat anything from you?
MEMBER ACAMPORA : Do you have to change the septic system there?
ROBERT CONWAY : Yes we're putting in an IA system.
CHAIRPERSON WEISMAN : Okay, Nick anything?
MEMBER PLANAMENTO : No I'm fine.
CHAIRPERSON WEISMAN : Rob
MEMBER LEHNERT : Nothing
CHAIRPERSON WEISMAN : Anyone in the audience?Anyone on Zoom Liz?
OFFICE ASSISTANT SAKARELLOS : We have the owners on Zoom but they do not have their
hands up. If Dean Sadik and Lou Sadik would like to speak please raise your hand.
DEAN SADIK : I just wanted to say thank you and apologies. I think.my father had mistakenly
raised his hand so no comments from our end.
CHAIRPERSON WEISMAN : Oh okay, so noted thank you. Alright hearing no further questions
or comments I'm going to make a motion to close the hearing reserve decision to a later date.
Is there a second?
MEMBER DANTES : Second
CHAIRPERSON WEISMAN : All in favor?
MEMBER ACAMPORA : Aye
MEMBER DANTES : Aye
MEMBER LEHNERT-: Aye
MEMBER PLANAMENTO : Aye
CHAIRPERSON WEISMAN : Aye, okay the motion carries.
11T
August 4, 2022 Regular Meeting
HEARING#7666— MATTHEW KETCHAM
CHAIRPERSON WEISMAN : The next application before the Board is for Matthew Ketcham
#7666. This is a request for a variance from Article XXXIII Section 280-124 and the Building
Inspector's February 18, 2022 Notice of Disapproval based on an application for a permit to
legalize an "as built" deck addition to an existing single family dwelling at 1) located less than
the code required minimum front yard setback at 35 feet located at 21125 CR 48 in
Cutchogue. Hi, state your name please.
MATTHEW KETCHAM : Hi good morning Board, my name Js Matthew Ketcham and I'm
representing myself.
CHAIRPERSON WEISMAN : Okay, this is for a front yard setback of 32 feet 10 inches the code
requiring a minimum of 35 feet.This replaced an old deck?
MATTHEW KETCHAM : Yeah there was an old just a tiny little porch that was barely functional
and also getting really dangerous. My fiancee was pregnant at the time and it was during
COVID we had lots of time on our hands and we built the porch and right now this house is a
year round affordable rental for people that work locally and you know they can sit out on the
porch and have their coffee in the morning. It's functional, it's safe with plenty of parking,
plenty of room from the street.
MEMBER DANTES : You said there was a smaller porch there at the setback
MATTHEW KETCHAM : Correct
MEMBER DANTES : You demolished it for safety reasons and built it slightly larger.
MATTHEW KETCHAM : Yes
MEMBER DANTES : I have no questions.
CHAIRPERSON WEISMAN : Okay how about you Pat?
MEMBER ACAMPORA : No I was actually scared at that property, you have to beware of the
dog and
MATTHEW KETCHAM : You should have seen it before I bought it in 2018 it was a total mess.
MEMBER ACAMPORA : It looks very nice.
MEMBER LEHNERT : I stop and buy oysters there.
Z
August 4, 2022 Regular Meeting
MEMBER PLANAMENTO : Question, you just stated that you rent the property you don't live
in it, do you have a rental permit?
MATTHEW KETCHAM : Absolutely that's why I got the building permit for the porch and then I
got denied
MEMBER PLANAMENTO : It triggered everything.
MATTHEW KETCHAM : Yea now I'm doing the variance.
MEMBER PLANAMENTO : So the rental that was granted
MATTHEW KETCHAM : Yes I had to apply for the building permit for the porch, I got a
disapproval and then I'm here.
MEMBER PLANAMENTO : Maybe you can just send Kim a copy of the rental permit.
MATTHEW KETCHAM : Okay, I mean I got like I said I can I look it up?
CHAIRPERSON WEISMAN : Sure you can just submit it.
MATTHEW KETCHAM : The email Kim
CHAIRPERSON WEISMAN : You can scan it and email it yeah that's fine. Rob anything from
you?
MEMBER LEHNERT : Nothing
CHAIRPERSON WEISMAN : Is there anybody on Zoom? Okay I'm going to make a motion to
close the hearing subject to receipt of a rental permit. Send it to Kim and we'll have a decision
for you in two weeks, we meet every two weeks so we'll have a draft that we will discuss you
can listen in and if you want can attend in person it's in the Annex Board Room it's upstairs in
the bank building.
MATTHEW KETCHAM : So I get some sort of notice?
CHAIRPERSON WEISMAN : Oh absolutely, I go in the next day and sign the decision that's
when it's legalized then we send it over for filing to the Town Clerk and you'll get a copy in the
mail.
MATTHEW KETCHAM : Then I have to get a building permit again right?
CHAIRPERSON WEISMAN :They get a copy of our decision.
OFFICE ASSISTANT SAKARELLOS : He will need a building permit for the deck.
August 4, 2022 Regular Meeting
CHAIRPERSON WEISMAN : You get the building permit that the deck was legalized and it will
be for an "as built".
MEMBER PLANAMENTO : Then they will schedule the inspection for John.
CHAIRPERSON WEISMAN : It's straightforward.
MATTHEW KETCHAM : Okay I'll send it in with the rental permit.
CHAIRPERSON WEISMAN : Okay did we vote on that.
MEMBER DANTES : I'll second it.
CHAIRPERSON WEISMAN : All in favor?
MEMBER ACAMPORA : Aye
MEMBER DANTES : Aye
MEMBER LEHNERT : Aye
MEMBER PLANAMENTO : Aye
CHAIRPERSON WEISMAN : Aye. Alright let me just do one quick thing and then we'll go to
lunch. I'm going to make resolution to adjourn Melissa Hobley #7645 and Melissa Hobley and
Paul Yau #7646SE so moved, is there a second?
MEMBER PLANAMENTO : Second
CHAIRPERSON WEISMAN : All in favor?
MEMBER ACAMPORA : Aye
MEMBER DANTES : Aye
MEMBER LEHNERT : Aye
MEMBER PLANAMENTO : Aye
CHAIRPERSON WEISMAN : Aye. Resolution for the next Regular Meeting with Public Hearings
to be held Thursday, September 1, 2022 at 9 AM so moved.
MEMBER LEHNERT : Second
CHAIRPERSON WEISMAN : All in favor?
August 4, 2022 Regular Meeting
MEMBER ACAMPORA : Aye
MEMBER DANTES : Aye
MEMBER LEHNERT : Aye
MEMBER PLANAMENTO : Aye
CHAIRPERSON WEISMAN : Aye. Resolution to approve the Minutes from the Special Meeting
held Thursday,July 21, 2022 so moved.
MEMBER LEHNERT : Second
CHAIRPERSON WEISMAN : All in favor?
MEMBER ACAMPORA : Aye
MEMBER DANTES : Aye
MEMBER LEHNERT : Aye
MEMBER PLANAMENTO : Aye
CHAIRPERSON WEISMAN : Aye. Motion to recess for lunch.
MEMBER DANTES : Second
CHAIRPERSON WEISMAN : All in favor?
MEMBER ACAMPORA : Aye
MEMBER DANTES : Aye
MEMBER LEHNERT : Aye
MEMBER PLANAMENTO : Aye
CHAIRPERSON WEISMAN : Aye. Motion to resume the Meeting of the Zoning Board of
Appeals, is there a second?
MEMBER PLANAMENTO : Second
CHAIRPERSON WEISMAN : All in favor?
MEMBER ACAMPORA : Aye
MEMBER DANTES : Aye
August 4, 2022 Regular Meeting
MEMBER LEHNERT : Aye
MEMBER PLANAMENTO : Aye
CHAIRPERSON WEISMAN : Aye.
HEARING#7668—THEODORE and CARISSA STRATIGOS
CHAIRPERSON WEISMAN : Member Planamento is recused from this hearing. The next
application before the Board is for Theodore and Carissa Stratigos #7668. This is a request for
variances from Article III Section 280-15, Article XXIII Section 280-124 and the Building
Inspector's March 2, 2022 Notice of Disapproval based on an application for a permit to
demolish (as per Town Code definition) and reconstruct a single family dwelling and construct
an accessory in-ground swimming pool at 1) located less than the code required minimum
side yard setback of 15 feet, 2) located less than the code required minimum combined side
yard setback of 35 feet, 3) swimming pool is located in other than the code permitted rear
yard located at 550 Blue Marlin Drive (adj. to the Shelter Island Sound) in Greenport. State
your name for the record please.
NIGEL WILLIAMSON : Nigel Williamson, P.O. Box 1758 Southold, New York 11971 for Mr. and
Mrs. Stratigos.
CHAIRPERSON WEISMAN : So this is a demo and reconstruction of a single family dwelling and
constructing a new pool where the single side yard setback is 10 feet and the code requires a
minimum of 15, a combined side yard setback is 29.5 the code requiring 35 feet and the pool
has been determined to be in a side yard where the code requires a rear yard. The survey
shows let's see I think this survey is very slightly different dimensions on it.
NIGEL WILLIAMSON : 10.2 feet on the northeast side corner and 10 feet on the proposed
addition northeast corner.
CHAIRPERSON WEISMAN : Then I've got an 11.7 side yard on the west, 11.5 for the deck. I just
want to make sure that the notice and the survey are the same. Alright so we finally figured
out why the pool which isn't behind the house on the seaward has been determined to be in a
side yard because it's to the side of an attached deck.
August 4, 2022 Regular Meeting
NIGEL WILLIAMSON : The alternative (inaudible) the Building Inspector to wrap the deck
around then it would make it in the rear yard but I don't know I just think it seems senseless
adding 3 more feet around something when you're not going to use it.
CHAIRPERSON WEISMAN : Alright what would you like to tell us about this application Nigel?
NIGEL WILLIAMSON : Well basically the existing house has 10.2 feet on the east side, it
doesn't conform to today's code anywhere where a minimum is required 15 feet and I have
surveys for most of the properties on that road on the waterside and they're all none of them
are 15 feet and 650 and Blue Marlin Drive has 11.8 and 20.2 on one side and lot 8 has 17.8
and 15 on one side so as you go down the road none of them conform. I'm sure that when
these zoning was back then they were within their required setbacks and (inaudible) today's
setbacks I just can't (inaudible) I would have to take off half the house and
MEMBER LEHNERT : Basically you're just putting a second floor on this.
NIGEL WILLIAMSON : Correct, I mean if you look at the plan
MEMBER LEHNERT : Yeah there's a little addition on the front you don't need a variance for
that
CHAIRPERSON WEISMAN : Yeah he does.
NIGEL WILLIAMSON : Yes I do because the addition on the front brings me down to 10 feet
MEMBER LEHNERT : For a side yard though not for a front yard setback.
NIGEL WILLIAMSON : No, no this is all for side yard.
MEMBER LEHNERT.: and you're staying within the lines of the existing.
NIGEL WILLIAMSON : Well not quite because the front of the house as existing is 10.2 and
then the proposed garage it sticks out it's 10 feet so I mean the line is angles because of the
way the house is.
MEMBER LEHNERT : Yeah but you're following the existing lines of the house
NIGEL WILLIAMSON : Correct
MEMBER LEHNERT : to where they're naturally going to end.
NIGEL WILLIAMSON : Correct and if you look at the plans the D1 of five which is the basement
plan you can see that it's just the unexcavated out the front and then there's that narrow strip
runs back to the site of the existing garage and then if you look at the D2 of five which is the
August 4, 2022 Regular Meeting
first floor plan colored in orange it's the same line as the basement except for the outdoor
shower on the side. When you go to D3 it's the whole upper floor (inaudible) the piece in the
center cause that's all a cathedral ceiling cause and then when you look at the elevations it
looks like there's tons of things going on when you start pulling all the (inaudible) over it it's
not as bad as it seems.
MEMBER LEHNERT : Technically going up.
NIGEL WILLIAMSON : Correct
CHAIRPERSON WEISMAN : Well thank you for these improved plans because the ones that
were submitted originally with the packet that's why I asked the office to call you we couldn't
tell what was being demolished, what was being added, what you know when they say a
demo per Town Code you're taking more than fifty percent of the value of the house away
and we have no idea what that was.
NIGEL WILLIAMSON : Where that came about and as I told Kim everything makes sense to
myself when I draw so and
CHAIRPERSON WEISMAN : As an architect you know you have to convince the clients and the
public it's gotta make sense to them too you know.
NIGEL WILLIAMSON : No when I was talking to Ms. Nunemaker in the Building Department
and why we came about the demolition word, the existing house I mean it's visually big when
you drive up to it but it only has two bedrooms in it and when you start taking out that little
bit of core that's on the inside and a few walls it's more than fifty percent so it's not like
there's a whole lot of work on the interior.
CHAIRPERSON WEISMAN : So let's look at D2 of five, that's your first floor plan?
NIGEL WILLIAMSON : Yes
CHAIRPERSON WEISMAN : Are those new walls what you are proposing, what is color coded?
NIGEL WILLIAMSON : Well that's the new addition.
CHAIRPERSON WEISMAN : Right
NIGEL WILLIAMSON : All the interior walls are going to be new are the one that's by the
fireplace and the
CHAIRPERSON WEISMAN : Are they being replaced in kind?
z
August 4, 2022 Regular Meeting
NIGEL WILLIAMSON : No they're not cause all this house has you see where it says dining
room and where the stairs as you walk in the door there's a corridor there that has a laundry
room entry and behind this to the top of the dining room and (inaudible) is the kitchen.
CHAIRPERSON WEISMAN : Okay so it's just it's very helpful in future then just for you to know
that the Board needs to see through color coding, through hatching, through whatever
graphic device you want to choose what is remaining, what is being removed, what is new.
NIGEL WILLIAMSON : Okay on interiors and everything okay.
CHAIRPERSON WEISMAN : We need to really understand the totality of the project when
we're writing something up.
NIGEL WILLIAMSON : And yes the walls between bedroom one walk in closet and in back
those two walls are parallel at the top of the page
CHAIRPERSON WEISMAN : Are all new?
NIGEL WILLIAMSON : No they're all new because the existing ones have been offset and the
wall that's by the pantry parallel to the top of the page that's new and the play
room/gym/mud room is all new walls within.
CHAIRPERSON WEISMAN : Oh no wonder now it all makes sense.
MEMBER DANTES : When was this house built originally?
CHAIRPERSON WEISMAN :There's a C.O. in the packet I'm sure.
MEMBER DANTES : 1968
CHAIRPERSON WEISMAN : '68 on the C.O.
NIGEL WILLIAMSON : October 8, 1968
MEMBER DANTES : I bet she might have (inaudible) the framing what you find when you open
up.
CHAIRPERSON WEISMAN : Well can you see what we're asking from you?
NIGEL WILLIAMSON : Yes, yes I can
r
CHAIRPERSON WEISMAN : and since there's no as built and proposed plans we can't even
compare what's there now to what your final design will look like. Sometimes you submit
current plans and then proposed plans then you can see what's there now and what's not
August 4, 2022 Regular Meeting
there or what's added but it's much better to just put down what's in future just know what
we need to see inside and outside, what's new what's remaining, what's being demolished.
Now what is proposed deck to be movable awning, what does that mean?
NIGEL WILLIAMSON : I met with the Trustees we had proposed a deck when we applied to the
ZBA I met with the Trustees after (inaudible) a pre-application and they went out there and
they really did not want to see an upper deck that was a solid structure but there is an awning
that is a retractable awning a movable awning that's got four posts that are fixed and the
shutters on the top move and when I spoke to the Trustees that was acceptable to them
because it wasn't a solid decking on the second floor.
CHAIRPERSON WEISMAN : Okay well the way that it's drawn you know it's clearly it's just a
single line it's not a double line as though it was a wall but it just says deck and it's a solid
square virtually.
MEMBER DANTES : Where?
CHAIRPERSON WEISMAN : On the second floor plan.
NIGEL WILLIAMSON : Yes but the deck
MEMBER DANTES : That's not a deck it's a
NIGEL WILLIAMSON : Because the Trustees are not going to allow a deck on the second floor
and they want it to be so I wrote down proposed deck to be a removable awning
MEMBER DANTES : So in other words it would be the hand railing is going to be gone it's just
going to be a
NIGEL WILLIAMSON : You can't walk out there anymore.
MEMBER DANTES : Like a decorative feature?
NIGEL WILLIAMSON : Well the existing footprint of that deck will be the same but it will be a
movable awning mechanical wise.
MEMBER DANTES : Like a roll up or something like that.
NIGEL WILLIAMSON : No it's not, there are four posts it's actually interesting. There are four
posts and
NIGEL WILLIAMSON : Yes louvres thank you sir like louvres that are adjustable and
MEMBER DANTES : Like shutters
August 4, 2022 Regular Meeting
NIGEL WILLIAMSON : Shutter system yeah.
CHAIRPERSON WEISMAN : So that's going to provide shade for the ground level.
NIGEL WILLIAMSON : Correct the deck on the first floor.
MEMBER DANTES : But it's not going to be walkable?
NIGEL WILLIAMSON : No it's not going to be walkable, no cause they didn't want anything
walkable or solid so that you could have it as a second story deck.
CHAIRPERSON WEISMAN But there is no second story deck, there is just this shuttered
device the feet of which touch,the ground floor and you can sit under it for shade?
NIGEL WILLIAMSON : Correct
CHAIRPERSON WEISMAN : And what would be the surface that you would be sitting on or
standing on?
NIGEL WILLIAMSON : On the first floor?
CHAIRPERSON WEISMAN : Yes
NIGEL WILLIAMSON : The existing deck.
CHAIRPERSON WEISMAN : Okay so there is a deck there now?.
NIGEL WILLIAMSON : Correct there on the survey.
MEMBER DANTES : So what happens to that door that (inaudible)
NIGEL WILLIAMSON : That will be a window.
MEMBER DANTES : (inaudible)
NIGEL WILLIAMSON : There will be no handrail.
CHAIRPERSON WEISMAN : I'm looking to see on the survey cause there's no site plan I'm
looking to see on the survey where this deck you're talking about is. If you're facing Blue
Marlin Drive I see it's on the waterside.
MEMBER ACAMPORA : It's on the waterside.
CHAIRPERSON WEISMAN : Is that over the existing deck that has the steps that go down?
NIGEL WILLIAMSON : Correct
August 4, 2022 Regular Meeting
CHAIRPERSON WEISMAN : Okay and the pool is there to the side of that?
NIGEL WILLIAMSON : The west side.
CHAIRPERSON WEISMAN : We don't have a how many feet to the bulkhead is that from the
corner of the pool?
NIGEL WILLIAMSON : From the corner of the pool to the bulkhead 55 feet no, no, no it's not
it's 49 feet to the property line it's 55 feet cause the bulkhead is offset from the property line.
CHAIRPERSON WEISMAN : It's right on the line it's so light on the survey but it's 49 feet.
NIGEL WILLIAMSON : From the bulkhead.
CHAIRPERSON WEISMAN : What is the current setback to the bulkhead without that pool?
NIGEL WILLIAMSON : Without that pool it would be 61 feet I think it is. It would be less than
61 because the deck the existing deck sticks out a little bit to that pool which we're taking off.
CHAIRPERSON WEISMAN : Okay that was step number one to figure out what's going on here.
First of all I went out there and thought side yard, what do you mean side yard there are no
side yards?You can put it in the front yard it's very well screened but you know then I realized
it was the deck that was doing it,that's kind of a crazy determination in my mind it's confusing
as all get out but that's their call that's the Building Department's call they have to just clarify
what it was. Okay let's see Pat questions?
MEMBER ACAMPORA : No as you said I just was confused by the drawings themselves as to
see what's existing, what the proposed is you know it was hard to figure out. Are there other
properties that also have pools in the back yard with this kind of a setback?
NIGEL WILLIAMSON : There are, I think it's two down. Lot number eight which is two down
and may I approach? Yes that's it. You want me to give it to you and I can come down and
copy tomorrow?
CHAIRPERSON WEISMAN : Were there variances on that?
BOARD SECRETARY : What the variance number?
CHAIRPERSON WEISMAN : It's a 48 bulkhead setback, well that's why it wasn't noticed for us
because it's not we don't do bulkhead setbacks anymore. You know other properties that had
side yard setback variances in the area? I know there are but that's subdivision was created
the same year.
August 4, 2022 Regular Meeting
NIGEL WILLIAMSON : Lot seven I believe and 57 (inaudible), I don't have a printed copy all I
took was printed copies of the surveys and
BOARD SECRETARY : We don't know if they were ZBA decisions on that.
NIGEL WILLIAMSON : There are plans of a house that was constructed on their added to on
the back (inaudible).
CHAIRPERSON WEISMAN : (inaudible) nearby lot I guess, it's not a pool it's a deck. Look at the
side yard and see what they are
NIGEL WILLIAMSON :.That is next door I believe, lot number seven.
MEMBER DANTES : Could you move the pool forward from (inaudible) and be more
conforming with the code, would that be (inaudible)?
NIGEL WILLIAMSON : Well is it possible, yes it is you mean closer to the back of the house?
MEMBER DANTES : Closer to the water.
NIGEL WILLIAMSON : Oh closer to the water, okay.
CHAIRPERSON WEISMAN : It would be partially in (inaudible)
MEMBER DANTES : My understanding (inaudible) it would be more conforming with the
zoning code but would cause you more problems with the Trustees.
NIGEL WILLIAMSON : Right
MEMBER DANTES : But for our purposes it won't be closer to the house.it (inaudible) even
though it required
MEMBER LEHNERT : Well if the deck wasn't there it would be in the rear yard.
MEMBER DANTES :Or you could add that extra section of decking in (inaudible)
NIGEL WILLIAMSON :,Correct if we had 3 feet on the ,west side and the south side of the pool
and a little bit on the east side it would make the deck part of the pool conforming.
CHAIRPERSON WEISMAN : The location.
NIGEL WILLIAMSON : The location.
CHAIRPERSON WEISMAN : Just the location not the setback and we're still looking at side yard
variances anyway.
August 4, 2022 Regular Meeting
MEMBER LEHNERT : I mean does it make a difference? The side yard is a technicality because
of a deck.
CHAIRPERSON WEISMAN : Any questions from the Board at this point? Is there anyone in the
audience who wants to address the application? Is there anybody on Zoom Liz?Yes there is.
ED BUNDERCHUCK : My name is Ed Bunderchuck, I'm the owner of 650 Blue Marlin Drive
which is just to the east of the property.
CHAIRPERSON WEISMAN : What would you like to tell us?
ED BUNDERCHUCK : Yes ma'am I just (inaudible) what is actually being proposed is it a true
raising of the structure or is it a partial raising of certain parts of the existing structure and is
there any excavation that will be regarding you know this demolition as it's (inaudible)?
CHAIRPERSON WEISMAN : You're breaking up sir, we're hearing some of what you're asking or
stating. Relative to the demolition it would appear that the majority of what's being removed
are interior walls is that correct?
NIGEL WILLIAMSON : That's correct.
CHAIRPERSON WEISMAN : The exterior walls remain where they are and a second story is
being added onto those first floor existing walls and the foundation is okay to do that
NIGEL WILLIAMSON : Yes
CHAIRPERSON WEISMAN : and the house is not being raised from its existing location. That
ground level is staying where it is. It's a second story on top and to the side of the existing
deck on the seaward side a swimming pool is being proposed and that's excavation that's it.
ED BUNDERCHUCK : Okay, the other question I had and they're both sort of related to the
same thing, concern is existing ground water- you're obviously going to have to excavate for
the swimming pool but I wonder if they can talk a little bit about what's being proposed to
contain ground water or you know rain water etc. onto the property. My main concern is I'm
sort of downhill and in periods of very heavy rains we get a lot of ponding between my
property and 750 which is the adjacent to the east of me. So I did see that there are some dry-
wells
rywells but maybe there could be a conversation about what exactly is going to be contained
sump pumps etc. I assume that's gutters as well.
CHAIRPERSON WEISMAN : Okay do you want to address .that Nigel, the dry wells and also
where is the pump equipment located is it on here? I didn't see it.
NIGEL WILLIAMSON : What is the pump equipment?
August 4, 2022 Regular Meeting
MEMBER ACAMPORA : The pool equipment.
NIGEL WILLIAMSON : Oh no it's not on there and it ;will. be on the west side and it's not on
there. The dry wells will be containing all the runoff.
CHAIRPERSON WEISMAN : What about pool de-watering?
I
NIGEL WILLIAMSON Pool de-watering for construction?
CHAIRPERSON WEISMAN : No
NIGEL WILLIAMSON : For the back flow there are three dry wells on the west side of the house
at 4.75 feet galley dry wells and 8.5 feet by3 feet deep. We're able to use the calculation for
one of those for the back flow from the pool included in the calculation for the two inch
runoff for the storm water because you're not.goingto be backwashing your pool when it's
raining and if it becomes such a and think this is universal if it becomes such an issue where
we get more than a two inch rainfall then the dry wells are going to exceed their capacity and
all you're going to end up with is water on every property.
CHAIRPERSON WEISMAN : Just actually coincidentally I had an interesting conversation with
the Director of Suffolk County Soil and Water and we were just talking about dry wells for
pools and he was asking us how we handle them and so on and his suggestion was to move
them as far landward as possible when it's on the water because it does eventually where the
dry wells discharge that water can really move underground and undermine bulkheads and
bluffs and eventually slowly but it can filtrate uncle neath the bulkhead and wind up on a
beach or something. So he was suggesting that they,d be moved as far landward I see you
have an IA system in the.front yard which is good that's where it needs to be, why,not put the
swimming pool in the front yard? I mean you would have a conforming location and you
would have plenty of room. Actually you have two other dry wells too that are in the front
yard.
NIGEL WILLIAMSON : There are three, two on the.west side and.one on the east side next to
Mr. Bunderchuck. j
i -
CHAIRPERSON WEISMAN : And what are you using that for those are for -
NIGEL WILLIAMSON : Storm water runoff.
i
CHAIRPERSON WEISMAN : Okay and so gutters- and stuff are going to be fed in some
corrugated piping into that? a .
NIGEL WILLIAMSON : Correct
i
i
I
August 4, 2022 Regular Meeting
CHAIRPERSON WEISMAN :The three proposed in the side yard are for the pool?
NIGEL WILLIAMSON : No they're for storm water as well and the pool.
CHAIRPERSON WEISMAN : Storm water and the pool?
NIGEL WILLIAMSON : Yes
CHAIRPERSON WEISMAN I don't know who did the engineering but I'm just wondering
whether or not I mean it's I don't think it's a bad location particularly in the side yard there
but I don't know how do you feel about the conversation that we had with Corey Humphrey?
MEMBER ACAMPORA: You have plenty of room in.the front.
CHAIRPERSON WEISMAN :There's lots of room .
MEMBER ACAMPORA : Lots of room get rid of those three proposed ones and move them up
further in the front yard.
MEMBER DANTES : (inaudible)
MEMBER LEHNERT A quarter inch per foot.
MEMBER DANTES : So to run that distance he's got he might be in the water (inaudible)
MEMBER LEHNERT: Yeah he might be thirty feet down by that point.
CHAIRPERSON WEISMAN : Yeah that's true.
NIGEL WILLIAMSON : I mean I can pull them forward as much as I can and
MEMBER LEHNERT : Well it becomes a problem with the engineering (inaudible)
CHAIRPERSON WEISMAN : And where did you say the pump equipment was going to be?
NIGEL WILLIAMSON : It's going to be by the leaching galley that says 15.9 feet,which is the
steps that come down the proposed deck they'll be over there, it's not on there.
CHAIRPERSON WEISMAN : Well it would be helpful to us because when pools are approved
they either have to meet a particular setback per code or they have to be in a sound deadening
container either or and it's one of the conditions of approval to make sure that the neighbor's
property is protected from noise. So it would 'be helpful to have it doesn't have to a survey if
you have a stamp you can draw up a site plan if you want.
- 4
I
August 4, 2022 Regular Meeting
f
NIGEL WILLIAMSON I will get the surveyor to adjust and I can't-make any promises, I can
phone him tomorrow and see what his schedule is like and
CHAIRPERSON WEISMAN : I know they're very busy they often take way longer just like us.
Does anybody remember what the condition the setbai k for pool equipment was? We have it
in our template now cause John Jarski talked to us about that, twenty feet from aside?
I
MEMBER DANTES : Twenty feet but then they can use'a sound deadening enclosure though.
CHAIRPERSON WEISMAN : If you can make the 20 foot ',setback which it doesn't appear you can
it would be too far from the pool then you don't need to put it in a sound deadening container
i
but if you can then you can put it in a sound deadening container, it's either or. Sometimes
people put them inside garages accessory garages depending on the site specific conditions.'
NIGEL WILLIAMSON : My garage is on the side (inaudible) so
CHAIRPERSON WEISMAN : Okay well we'll let you figure that out.
NIGEL WILLIAMSON : So I will get the survey and we'll submit the survey.
MEMBER DANTES You can put the pool wherever it can go in the front of the house
(inaudible).
r
CHAIRPERSON WEISMAN : Is there anyone in the iaudience who wants to address the
application? Is there anyone on Zoom? Okay so should we adjourn subject to receipt of a
survey with the amended information? {
NIGEL WILLIAMSON : Madam Chairwoman did Mr. Bu�nderchuck get cut off or I answered,all
his questions?
CHAIRPERSON WEISMAN : I think his questions were answered.
I
ED BUNDERCHUCK :'I'm fine.
NIGEL'WILLIAMSON : May I just, I am going down there in about an hour and if he had any
concerns I'd be.more-than willing to talk to him.
CHAIRPERSON WEISMAN : Did you hear that Mr. Bunderchuck?
ED BUNDERCHUCK : It would be awful difficult to do cause I'm in Florida. I'll be backup over
the weekend if there's anything going on I can probably get a hold of Ted and ask him to bring
you over Nigel.
i
NIGEL WILLIAMSON : Okay so I mean you have a rapport with your neighbor anyway so
I
August 4, 2022 Regular Meeting
ED BUNDERCHUCK : Absolutely..
CHAIRPERSON WEISMAN : Okay well shall we close this subject to receipt of the survey the
updated survey?
MEMBER LEHNERT : Yeah
CHAIRPERSON WEISMAN : Alright so moved, is there a second?
,CHAIRPERSON WEISMAN : Aye. So the updated floor plans as much of the coding that we
talked about the,railing and the door removed but you know as long as you're doing it it's easy
to take a colored pencil and put down a (inaudible) about what's remaining, what's removed
and what's new then we'll have what we verbally discussed visually and that would be easier
to stamp. So I'm making a motion to close the hearing subject to receipt
NIGEL WILLIAMSON : Sorry I just thought about this, the LWRP letter there was a letter, it
stated in there that lot coverage was more than twenty percent, that's incorrect.
CHAIRPERSON WEISMAN : He corrected it we realized it was wrong. I have a copy, it says it's
inconsistent because the pool is located in a VE Flood Zone and it's not supported by Policy for
structures within these areas are impacted by storm surges and should be minimized that's
the current one.That's the one that will be cited in the decision.
NIGEL WILLIAMSON : Okay I can get a copy tomorrow oh okay thank you.
CHAIRPERSON WEISMAN : Alright I think we've got it all covered. One more time, motion to
close the hearing subject to receipt of updated floor plans and survey.
MEMBER ACAMPORA : Second
CHAIRPERSON WEISMAN : All in favor?
MEMBER ACAMPORA : Aye
MEMBER DANTES : Aye'
MEMBER LEHNERT : Aye
CHAIRPERSON WEISMAN : Aye.
August 4, 2022 Regular Meeting
HEARING#7691—DOUGLAS BRADFORD
CHAIRPERSON WEISMAN : Someone get .Nick. The next application before the Board is for
Douglas Bradford #7691. This is a request for variances from Article XXIII Section 280-124 and
the Building Inspector's May 6, 2022 Notice of Disapproval based on an application for a
permit to demolish (as per Town Code definition) and reconstruct a single family dwelling at
1) located less than the code required minimum side yard setback of 10 feet, 2) located less
than the code required minimum combined side yard setback of 25 feet, 3) more than the
code permitted maximum lot coverage of 20% located at 3705 Bay Shore Rd. (adj. to Shelter
Island Sound) in Greenport. So let me just review what the specific relief required is, to demo
and reconstruct a single family dwelling with a single side yard setback at 6.5 feet the code
requiring a minimum of 10, a combined side yard 'setback of 13.7 feet where the code
requires a minimum of 25 and lot coverage of 23.6%(where the code permits a maximum of
20%. It is deemed to be LWRP inconsistent for lot coverage and the second story addition is
LWRP exempt. Okay welcome back Anthony.
ANTHONY PORTILLO : Thank you for having me back, good afternoon. Let me start off by just
letting the Board know I'm sure you're aware of this, this application was in front of you back
in October. What happened here was the plans were at the time determined an addition,
renovation by the Building Department. We did receive approval from the Board for the
requested reliefs, the requested reliefs have not changed from that time in October, the
design has not changed. We submitted our construction documents to the Building
Department at that time a determination was made that it was a reconstruction. Honestly to
my and my client's dismay we were told that we had to go back to Zoning and go back to
Trustees and reapply since it was determined a reconstruction after their first determination.
CHAIRPERSON WEISMAN : It was determined to be a demolition.
ANTHONY PORTILLO : Demolition/reconstruction.
CHAIRPERSON WEISMAN : Prior to that it was additions and alterations and you did apply for
a deminimus determination which was denied because a demolition is never considered a
deminimus change so this is (inaudible).
ANTHONY PORTILLO : I just wanted to mention the fact that there hasn't been any revisions to
the proposed design from the first determination is all:[ wanted to say, thank you.
CHAIRPERSON WEISMAN : You're welcome and there; were two there were some conditions
of approval previously one of which was the removal of the hot tub what was it Jacuzzi and
the seaward deck the existing seaward deck and Jacuzzi were to be removed and then the
accessory garage in the front yard has a full bathroom you know shower and only a half bath
August 4, 2022 Regular Meeting
is permitted plus there's a little kind of kitchen, sink area in there as well and that was to be
removed so that it became conforming. I presume when we went back to inspect again and
saw that nothing had changed that nothing had been removed'it was because.you weren't
going to be doing that until construction commenced, is that correct?
ANTHONY PORTILLO : That's correct.
CHAIRPERSON WEISMAN : So clearly those same conditions of'approval will apply should the
Board decide okay, are we all on Board with that. So let me see if'anybody has any questions,
let me start down there with Rob?
MEMBER LEHNERT : No questions.
CHAIRPERSON WEISMAN :. Nick
MEMBER PLANAMENTO : No questions.
CHAIRPERSON WEISMAN : Eric
MEMBER DANTES : No questions.
CHAIRPERSON WEISMAN : Pat
MEMBER ACAMPORA : No
CHAIRPERSON WEISMAN : Okay we're very familiar with this project and I guess the lesson
learned is go for a demolition upfront when I doubt about what they're going to be doing or
the extent of the construction the renovation. Sometimes the Building Department will call it
a demo and new and sometimes they'll call it a demo and reconstruct and we prefer a demo
and reconstruct because if you're saving some of it, it makes a difference to this Board than if
you were taking actually thinking right down to the foundation and a new foundation that
would be a very different way of thinking about a new proposal that was not conforming than
building from something that.already is non-conforming. Do you follow what I'm getting?-
ANTHONY PORTILLO : I understand I mean and really to your point I mean I'll just make
another statement here, I personally disagree with the way the Building Department is looking
at this and I have expressed that to them. We are keeping.the first floor, we are keeping the
second floor system, we are basically removing the roof and rebuilding the .roof and then
we're doing some interior renovations on the first floor. Structure wise I'm not putting in a
new second floor system, I'm utilizing those floor joists and subfloor will (inaudible) finished
floor but you know 'I made that pretty clear to the Building Department and they still
determined this. I guess I appreciated the (inaudible) here I was in the opinion that it wasn't
i
August 4, 2022 Regular Meeting
going to be you know I really still do think it shouldn't be considered that but unfortunately I
don't have the (inaudible) of the Building Department and I feel like at the time they felt the
same way I did based on how I explained the project to them which hasn't changed but for
whatever reason this is where we are. I just .want the Board to know if I think it's a
reconstruction I'm the first one to tell, I do feel that this isn't and we did provide evidence,but
at this point it was just about the owner really wanted to get his job going and this is you
know we decided not to keep pursuing it not being a reconstruction.
r
CHAIRPERSON WEISMAN : Okay understood. Okay anybody out there want to say anything?
Okay motion to close the hearing reserve decision to a'later date. Is there a second?
MEMBER DANTES : Second
CHAIRPERSON WEISMAN : All in favor?
MEMBER ACAMPORA : Aye
MEMBER DANTES : Aye
MEMBER LEHNERT : Aye
MEMBER PLANAMENTO : Aye
CHAIRPERSON WEISMAN : Aye. Thank you Anthony.
ANTHONY PORTILLO : I'm sorry maybe I was supposed to bring this up, the second fee we.had
to pay and he indicated that the Board would be making a decision about reimbursing the fee
but that was something you had to discuss now or that was in a closed meeting?
CHAIRPERSON WEISMAN : We were not even aware of that and we don't really have the
jurisdiction generally to waive fees.'This is a full re-hearing with public notice you know
required as usual and a public hearing required and,it's really no different than if you had
applied for something brand new. So I'm not aware of any conversation you might have had
with the Supervisor, he has not conveyed anything to us. Is the office aware of anything?
BOARD SECRETARY : We didn't get any messages from,the Supervisor.
CHAIRPERSON WEISMAN: Did you hear that Anthony?The office didn't get any message from
him either. He's very generous with his time and listening to constituents.
ANTHONY PORTILLO : Ok I actually have okay that's fine thank you Board I appreciate it.
August 4, 2022 Regular Meeting
HEARING#7672—DORIC and ARIADNE CAPSIS
CHAIRPERSON WEISMAN : The next application before the Board is for Doric and Ariadne
Capsis # 7672, This is a request for a variance under Article XXIII Section 280-124 and the
Building Inspector's April 14, 2022 Notice of Disapproval based on an application for a permit
to construct a deck addition to an existing singe family dwelling at 1) located less than the
code required minimum rear yard setback of 35 feet located'at 1700 Plum Island Lane in
Orient. So this is a rear yard setback at 41 feet where the code requires a minimum 50 feet.
PAT MOORE : Good afternoon thank you Board, I have Mr. Capsis here with me so if any
issues that I can't address I'll defer to him. This property I know from my written submission
is in Orient by the Sea section two which has Covenants and Restrictions that required a rear
yard setback of 30 feet at the time the development was adopted. Ultimately the house was
constructed and it was constructed at a conforming 50 feet so any real any alterations at the
back of the house is going to result with a variance. So this is a pretty straightforward but a
technical variance because we can't meet the rear yard setback and as you can see this is
there's an existing porch but there's excuse me existing deck enlargement of the deck with-
enclosed
ith enclosed screened in porch that's all in the back of the house and between the house and the
rear of the property is a detached in-ground pool. So this is all very private you can't see
anything from the street.
CHAIRPERSON WEISMAN : No totally screened.
PAT MOORE .: I actually took some effort to see it from the back as well so the house is being
renovated and has a building permit for the renovations could obviously none of the work on
the deck for the porch would be worked on. There is a small proposed two story addition on
the east side of the house and that is conforming so that's not before this Board.
CHAIRPERSON WEISMAN : Okay let's see if the Board.has anything, we as you know we were
out there and the whole side yard, the whole rear yard is completely screened there will be no
visual impact on anyone and actually the landscaping helps absorb noise or anything
(inaudible). Pat do you have any questions on this?
MEMBER ACAMPORA : No questions.
CHAIRPERSON WEISMAN : Eric
MEMBER DANTES : Not at this time, no.
CHAIPERPSON WEISMAN : Nick
4Z
August 4,2022 Regular Meeting
MEMBER PLANAMENTO : If I.may, .Pat just a question not specific to what the application is
but the floor plan provided were really quite detailed as far as what the applicant is proposing
to do with th.e property, it shows a set of stairs leading up to an unfinished attic .but there's
different rooms and I just wantedto remind I guess the applicant that (inaudible) to a third
floor living space. It's more of a statement but I suspect that the inspector would ensure that
it was all unfinished.
PAT MOORE : That's fine.
CHAIRPERSON WEISMAN : Rob
MEMBER LEHNERT : No questions
CHAIRPERSON WEISMAN : Anyone in the audience who wants to address the application?
Please come forward and you can use that mic over there.
CONRAD OWEN : Hi my name is Conrad Owen and we live at 865 North Sea Drive so We're on
the backside of (inaudible) house and we also own the property directly to the east. 1 think
you or somebody ,up there ,said something about landscaping and noise (inaudible) would
make some noise, so I'm not here to really talk about any objection (inaudible) you can't see it
(inaudible). I did want to at least voice my concern that right now on the existing deck there
are two speakers that face our•property and (inaudible) play a lot of music and we have a back
screened porch and we sit on that porch almost as if we're sitting on (inaudible) and I guess
my only concern was with expanding the deck there was a possibility that the noise there right
now has been pretty loud and we've never called but we do know that other people have
called the Police and the Police have had to stop over and tell them to turn down the noise. I
do want to share the fact that going back four or five years ago it was a lot worse than it has
been recently even just before the pandemic that level of noise has come down and I think
that's because people had spoken to them but with the expansion of the deck given where we
live I just wanted to and again not oppose the deck extension but just voice my concern that
there's a possibility that there would be even more noise. I know there's a separate noise
ordinance and I know that is not a part of this hearing but that's why I'm here just to voice my
concern (inaudible).
CHAIRPERSON WEISMAN : Thanks for your comments; we had an earlier one this morning
where a neighbor was concerned about the fact that an applicant has a pea gravel driveway
which as you know ifyou've ever driven over one you hear the FedEx trucks we all I have one
next door to me.
PAT MOORE : I have one and'every time I walk I hear.
August 4, 2022 Regular Meeting
CHAIRPERSON WEISMAN : Well that's the way it is I mean it's a permeable subsurface and it's
in some areas more desirable than an asphalt or impermeable surface for runoff and so on I
mean it is what it is. I can't tell my neighbors not to get any deliveries, I can ask them and I
have to say please don't have your children playing with their bikes on the gravel driveway at
six o'clock in the morning could it be seven or seven thirty and they have been generally
cooperative. As you know we have no jurisdiction over that but this is a public hearing and
we're here to hear what neighbors think about everything and this is your opportunity to say
something so we welcome all those comments even though we often are unable to do
anything about it but I think your neighbors have heard your concern and hopefully and
presumably they would probably be good neighbors and recognize that sound carries
dramatically. If you have a fight with your significant other you know if the windows are open
people are going to know it is the way it is especially if you're anywhere near water.
PAT MOORE : So my suggestion is after the hearing why don't you exchange phone numbers
so that good I know we were talking about our families two teenagers that are getting older
and hopefully and they will be more cognoscente.
C. D. MORTON : And again we're neighbors and as you said (inaudible) open hearing it would
be beneficial to both us and (inaudible) for me to say what I have to say. This is a lot more
than somebody driving over a driveway that makes some noise. We're talking about people
(inaudible) the development that we're in (inaudible) calling the Police about the noise and
this is a lot of noise.
CHAIRPERSON WEISMAN : Okay thank you for your testimony. Is there anybody else that
wants to address the application?
PAT MOORE : He was exempt?
CHAIRPERSON WEISMAN : There was no LWRP on this.
PAT MOORE : Oh okay so it's exempt.
MEMBER DANTES : Minor actions.
C. D. MORTON : I understand that there's another neighbor that's on the Zoom that wanted to
speak.
CHAIRPERSON WEISMAN : Oh let me find out, Liz is there anybody on Zoom? Would you state
your name please.
CONRAD OWEN : Hi I'm Conrad Owen I'm at 865 North Sea Drive and also a neighbor of this
property and like (inaudible) I also own the lots immediately to the south of me so actually
August 4, 2022 Regular Meeting
border this particular property on two sides. My only comment is to reiterate what Burly said
about the noise. I realize that's not your call today, it's been a pretty consistent issue over the
last several summers and you know Burly talked about that a'little bit so it's more an issue of
saying you know look I realize he wants to get a variance, I just wouldn't want to see anything
come out of that if all this work was actually done that continues or even increases this noise
problem.
CHAIRPERSON WEISMAN : Okay thank you for your testimony. Anything else, did you want to
say anything sir?
DORIC CAPSIS : The deck that's proposed is going on top of our pool pavers so there's going to
be people on the deck, the only thing I can say is my kids were teenagers for a long time now
they're older and (inaudible) in the real world. You know all of us might have had teenagers at
one point in their lives but you know we've added a lot of landscaping, replaced a lot of
landscaping the deer have eaten. I didn't think I was going to have to come here and you
know and have these particular types of issues but there are plenty of.neighbors that'are
happy we are (inaudible) Mr. Tabor and others. Just trying to have a place to have a cup of
coffee outside our kitchen.
CHAIRPERSON WEISMAN : Well as you pointed out the exterior surfaces whether it's called
decking or pavers are not changing in size it's just because a deck is considered a structure as
opposed to pavers on the ground which is not just considered nothing it's like grass that's why
they're before us. We also do have in our file one, two, three, .four prior rear yard setback
variances that Pat submitted indicating that it's not uncommon in that neighborhood to have
a non-conforming rear yard setback. So I think we have everything we need in order to make a
determination and I think you know you've heard each other and hopefully as neighbors you'll
have a pleasant experience. Okay I'm going to make a motion hearing no further questions or
comments to close the hearing reserve decision to a later date. Is there a second?
MEMBER PLANAMENTO : Second
CHAIRPERSON WEISMAN :All in favor?
MEMBER ACAMPORA: Aye
MEMBER DANTES : Aye
MEMBER LEHNERT : Aye
MEMBER PLANAMENTO : Aye
CHAIRPERSON WEISMAN : Aye, okay the motion carries.
47s
August 4,2022 Regular Meeting
HEARING#7661—JOEL B. SINGER
CHAIRPERSON WEISMAN : The next application before the Board is for Joel B. Singer #7661.
This is a request for variances from Article III Section 280-13C, Article XXII Section 280-
116A(1), Article XXIII Section 280-124 and the Building Inspector's February 7, 2022 amended'
April 25, 2022 and June 22, 2022 Notice of Disapproval based on an application for a permit to
construct an accessory in ground swimming pool and an accessory garage with a non-
permitted bedroom loft on the second floor at 1) the swimming pool is located less than the
code required 100 feet from the top of the bluff. 2) the accessory garage is located less than
the code required minimum side yard setback of 20 feet and 3) Request to Overturn the
Building Inspector's June 22, 2022 Notice of Disapproval for the non-permitted use of a
second floor finished bedroom loft to be constructed in the accessory garage located at 20575
Soundview Ave. (adj. to the Long Island Sound) in Southold. State your name for the record
please. Oh sorry, Nick has to recuse himself from this one thank you Nick sorry I forgot.
CHARLES KUEHN : My name is Charles Kuehn architect I have an office in Northport, New
York. We're here today for two reasons, one is an Area Variance and one is a Use Variance'and
the proposal basically I'll start with the pool, they are proposing an in-ground pool in the front
yard, on the site plan that is the blue box. We are proposing a 40 foot setback from the front
property line and a 10 foot from the east property line and that basically puts up within 71
feet of the bluff line. The location of the pool right now is a grassed area so it is a maintained
landscaped area so there's no unnatural plantings or environments. It is actually downhill
from the bluff so there aren't any environmental impacts that would run towards the street
rather than bluff line. We don't want the pool too close to the road obviously for noise
reasons and everything else. We'd rather not reduce the 40 foot setback and as I said that
gives us a 71 foot setback off the bluff. There is an existing house that is closer to the bluff so
than we're 'sort of arguing that you know there would be no additional environmental impacts
by this location. Second the garage that's indicated by the yellow box on the site plan and
what I have is a red dashed box that's where the existing detached garage is currently so they
are proposing obviously to remove that garage and build this garage. The existing garage is a
one car garage, they really need a two car with some lawn equipment storage so that's what
we're proposing. The second floor will there will be a full second floor and that leads into the
Use Variance. Currently this is not the Singer's primary residence so because of that that's
why they're not permitted to finish the second floor. I'll let Mr. and Mrs. Singer talk more
about their situation but in future they are planning to make this a permanent residence, they
are planning to renovate the existing house and they would really like the ability to be on site
while they do the renovation. That is the primary reason for the (inaudible) and eventually like
I said this would be their primary residence and at that point it would be a permitted use.
August 4, 2022 Regular Meeting
CHAIRPERSON WEISMAN : Well it would be a permitted use if it was an entire apartment.
MEMBER LEHNERT : With a Special Exception
CHAIRPERSON WEISMAN :.With a Special Exception Permit from this Board to determine
principle residency and who is going to be in that apartment. The apartment has very strict
uses, it either has to be a well-documented family member, it could be an elderly parent, it
could be a grown child but you'd have to show birth certificates, marriage certificates, you
Would have to show a STAR exemption for your principle a whole bunch of stuff or it could be
someone who is on the affordable housing registry or eligible for it. That is the single use of an
apartment. A bedroom and bathroom on its own is not permitted in an accessory structure.
Let's see what I don't know that we entered let me put this into the record, so you're looking
at an accessory garage with a 15.75 foot side yardsetback where the code needs 20 feet,,can
you tell us why you,can't move it over just slightly more in order to make it conform?
CHARLES KUEHN : It's a design decision, we're trying not to crowd the pool area and the
house.
CHAIRPERSON WEISMAN : Okay well just so that you're aware I mean the Board has,the
jurisdiction to grant the variances but the point is we're obligated by law only to grant
variances that are essential and when they are the smallest possible variances. We look at
both percentage of relief from the code let's say the code says 100,and you want 50 so that's
a fifty percent variance that's going to be a lot. This is not that much but it is a significant
amount because it's not that big of a setback. I bring that up for your consideration.
CHARLES KUEHN : So basically we're asking for four feet
CHAIRPERSON WEISMAN : Yeah instead of the required 20 you need to get to a mic please.
JOEL SINGER : I'm Joel Singer, we have a driveway that comes in here so between the pool
once we start moving this over we're going to have to do some grading and landscaping for
the pool so that we basically have to build up this area otherwise the pool is on a slope so it's
going to create a very tight area for cars to come in and get into the garage unless we're able
to move.it over 4 feet beyond what already exists.
CHAIRPERSON WEISMAN : Okay, we have to ask these questions to understand your
reasoning to see whether or not that reasoning is (inaudible)the relief that's requested.
MEMBER LEHNERT : Is there a new sanitary system going in for the second floor use?
CHARLES KUEHN : Not at this time that will.be tied into the existing but when they do the
renovations to the house it will be a new system.
August 4, 2022 Regular Meeting
MEMBER DANTES : I still don't understand why the garage can't conform to code cause it can
be in the front it just seems to be that there's a lot of options as far as conforming to that side
yard setback.
CHAIRPERSON WEISMAN : Yes sometimes people come in and we just say you know twist it
you know just rotate it because then you can be conforming you know just by shifting designs
slightly.
MEMBER LEHNERT : You're using an argument about slopes and everything but you know
we're not seeing that here, you're presenting us with a flat lot.
CHAIRPERSON WEISMAN : Well we don't have a topo.
CHARLES KUEHN : The grading of the pool we'd have to level off the like I mentioned before
that the property basically slopes from the bluff line down to the road so there would be a
slight elevation drop so the pool area would have to be regraded and there would be a slight
retaining wall that's (inaudible).
ARENA SINGER : Hi I'm Mrs. Singer I'm Joel's wife, this area down here as well is not utilized by
our neighbor I don't believe it will be an issue at all because it's low it's a very low part of the
property so it doesn't really affect anyone's view or use of the area at all. In fact it's almost
too low for us you know to use for anything else other than a garage area. The reason that the
garage entry was over here is that in order to turn the garage there wouldn't be enough back
out area on the easterly side of the garage, it wouldn't be easy. We did it in this fashion cause
we're not getting any younger and I want to be able to put my groceries up as close to the
house as possible so we wanted to have a particular driveway area there just for space for one
car to pull in. So this was the best location and I believe we've worked with the roofline with
Chuck to make sure that the roofline is as low as possible for the structure to do what we
needed to do. We've tried to keep that as low as possible and as I said we're in a very low
lying spot between our property and the (inaudible) property which is to the west of us just to
the west side of that garage.
CHARLES KUEHN : Also my understanding is with respect to the roofline we present a line for
the essentially the garage, if we were to lower the roof line we would actually be permitted a
15 foot setback but again like Arena said what we're trying to achieve on the second floor
bringing that roofline down really impacted greatly the design it would just (inaudible). So I
guess my point is I don't know if you want to look at it as a height variance or a setback
variance because if we did have a lower structure we would be allowed a 15 foot setback but
because we're looking to keep a 22 foot ridge height that requires a 20 foot setback.
MEMBER LEHNERT : But that's not in front of us.
481
August 4, 2022 Regular Meeting
CHARLES KUEHN : I understand that but I'm just you know making the argument that you
know the 15 foot you know is still a permitted setback in certain situations even though we
don't have that situation but so it's I don't feel this is a big impact of a variance since it would
be permitted in certairi situations.-
CHAIRPERSON WEISMAN : Well I do understand what you're saying but you made a choice
about the height because you're trying to have a livable second story and the Board does not
have the authority to change the code to permit what is not permitted. Use variance
standards are very, very difficult, I don't think in twenty years I've seen maybe one that we've
granted. You need to submit financial records and a Use Variance is basically granted when
you can prove that for each and every permitted use in that zoning district you failed to
realize a profit that's what case law says basically that that's the way Use Variance works. It's
complicated by the fact that most people are not attorneys and just think well you can't
permit the use and so we have to get a Use Variance but the Use Variance standards don't
really apply to what you're asking for which is to overturna Notice of Disapproval that says
this isn't permitted we:think it is permitted. It's not about whether we think it should be
permitted, it's whether the code allows it and they made the wrong judgment.
MEMBER DANTES : Yeah you have to not be able to you have to prove that there's no other
use on the property.
CHAIRPERSON WEISMAN : I do understand why you know you might want to be around if
something is under construction but to ask for a non-permitted use to accomplish that is an
enormous request.
ARENA SINGER : May I ask a question, I think we explained it in our package why that would
be helpful. I hope I'm not going the wrong way but the space would only we're not really
asking for something so different because at some future point hopefully sooner rather than
later we will be renovated the property that its existing and we would be residence. What do
we do then, do we have to go back and revisit changing the roofline and rebuilding this? How
do we turn it into you know if we. wanted to a place that we could use as extra space or
whatever?The biggest thing is where do we stay while we're doing this?
CHAIRPERSON WEISMAN : That is the same predicament that everybody out here who is
doing major renovations has to face, everyone here does. You can't stage the construction or
the renovation of your home so you can live in it during construction which often people are
often able to do, they just have to phase it so they can renovate this part and break through a
wall and you know and they stay put otherwise they find other accommodations temporary.
August 4, 2022 Regular Meeting
ARENA SINGER : We have also noticed there are several other properties along Soundview
which have second floors and over a garage that are already there that are not that old.
CHAIRPERSON WEISMAN : They are probably there illegally because if you can show that they
received variances or they received Special Exception Permits for habitable space in an
accessory structure you'd have to research that. I live on Soundview so believe me I know the
area, I live right in Southold on Soundview Ave. I probably know the ones you're talking about
and I can tell you that people often do things without knowing what the law allows them to do
and they either get caught or they don't or they go for legalizing it and that will be in our
records if somebody legalizes it.
MEMBER DANTES : You can have storage unheated, unconditioned that's permitted by code.
If you meet the setback you can have storage.
ARENA SINGER : We actually just got this when we were going through it so (inaudible) store
things from the house above the garage where we might stay while the construction. I believe
we spoke with back and forth between Amanda Nunemaker and this has been a back and
forth conversation for a significant period of time and it was with their expressed suggestion
that we design it and do it just as we are presenting it to you today. I also I'm not sure If it was
Liz or
CHAIRPERSON WEISMAN : Liz Sakarellos, this is Kim Liz is operating the Zoom back at our
office.
ARENA SINGER : And I know we went back and forth with this upon their recommendation as
well, so we are presenting it to you in the best way we can. If a storage if the language is
incorrect, there's something wrong help us out here because we have been working with your
colleagues to try and get this to the point where we're presenting something that would be
reasonable and acceptable.
CHAIRPERSON WEISMAN : Well I can only say this, the Zoning Board can't even anticipate
habitable space in an accessory structure until that accessory structure has a legal Certificate
of Occupancy meaning it's built and then you apply for an apartment. But that's not going to
help you cause you want to build that you know you'd have to the only way to really do that is
to build the garage and then apply for a full apartment not a bedroom with a bathroom and a
sink because that's not allowed. Then you would have to meet the standards for the Special
Exception approval for an apartment in a garage.
MEMBER DANTES : If they end up renovating the house then the C.O. is extinguished and they
can't have
August 4, 2022 Regular Meeting
CHAIRPERSON WEISMAN : Because it's demolished. We're taking'the time to go through this
so that you understand the variety of options and road blocks let's put it that way. You do not
if you're the apartment you'd have to say you're going to live in that as your principle
occupancy and the house will be occupied by my kids or whatever. You can be in either
structure when you have that arrangement. Typically it's a year round rental, you have to it's
not designed for this. It's designed for people who want their kids or their parents to be able
to live on the property in an affordable unit nearby safely. This was originally designed so that
we can leverage more housing units out of what was already there and not start building and
it was not designed for market rate and it wasn't designed for you know I mean maybe the
better thing to do is renovate a bedroom and bathroom in your house and stay in that while
you're building the rest. I don't know this is not for me to design your
MEMBER DANTES : The way the code is written and the reason that they don't usually permit
people to live in accessory,structures while working on the main house is for safety. You're
doing a major construction project it's not. a -safe situation that's why the town drafted
(inaudible) but it's not really our purview.
JOEL SINGER : Can we have a second story on the garage and use that for storage?
CHAIRPERSON WEISMAN : Of course you can. if you want a place to put all your stuff and then
find another place to put the two of you absolutely you can go ahead and build an accessory
garage with storage but
MEMBER DANTES : With code conforming setbacks.
CHAIRPERSON WEISMAN : At the code conforming setbacks, unfinished it can't be finished.
CHARLES KUEHN : I think what it was Amanda I think (inaudible) before the Board put this into
the application
CHAIRPERSON WEISMAN : And see what they say.
CHARLES KUEHN : Yes
CHAIRPERSON WEISMAN : So now you're hearing what we say. We're certainly here to help
people this would be our Board of Appeals but we have very strict legal statutes that we have
to follow we don't make this up as we go-on and it's never about the applicant it's always
about the`merits of the application and what the law allows us to do. We can't personalize
things, you can imagine if we started personalizing it we'd have ramps everywhere where
people go well my father is disabled -and then they sell the house and the neighbor's got a
August 4, 2022 Regular Meeting
ramp up there now. So we just can't do that. We have to look at the bulk schedule and other
kinds of things.
CHARLES KUEHN : Obviously we'd have to come back to that at some point.
MEMBER DANTES : Well if you end up doing the house you might need a variance for that.
CHARLES KUEHN : We'll probably definitely need
CHAIRPERSON WEISMAN : You're also before us for this is what we've got here, we've got the
garage side yard at 15.9, we have that Reversal for the Notice of Disapproval which we've just
discussed and then we have the pool at 71 feet where the code requires 100.
MEMBER LEHNERT : I have one more question, you're showing a pergola in the front, that
never showed up on the Disapproval.
CHARLES KUEHN : That should have been (inaudible) part of the application I had that on the
plans from day one.
CHAIRPERSON WEISMAN : Yeah but they didn't site it cause it's in a front yard it's considered
a structure. Oh that's true he's right it's waterfront so and it meets the setback.
MEMBER ACAMPORA : We don't know also where the enclosure for the pool pump and the
de-watering will be.
CHARLES KUEHN : That he's proposing it up front here close to the,street as far away from the
house as possible and the back wash pool
CHAIRPERSON WEISMAN : Yeah we need to have that on the plans that we stamp. The pump
equipment looks like you got plenty of room to do both but just so you're aware the pump
equipment will have to meet a setback it's not in the code it's in our conditions of approval.
It'll either have to meet a setback away from property lines so you're not annoying your
neighbors or it will have to be in a sound deadening enclosure, you can put it in the garage for
that matter that's up to you but it needs to show up on the plan.
MEMBER DANTES Leslie they're 10 feet•from the top of the bluff on the house if we don't
have a plan what they want to do with the house now you might be putting the cart before
the horse because if you end up doing a demolition
CHARLES KUEHN : It's not (inaudible)the problem with the house is it was built I think in 1981
and when the wind blows in the winter the heating system can only get us to 55 so it's more a
question of insulation and things like that. If there was an extension it would be on the
opposite side from the bluff obviously and it wouldn't be very much but I think one of the
August 4, 2022 Regular Meeting
plans actually shows that but that's not the subject of this application but it's more'a question
of the wind in the winter just getting very cold.
CHAIRPERSON WEISMAN : Well your house plans will require Trustees approval also you know
that and if this going to be a major, major renovation at more than fifty percent of the value
of the existing house that will be a Building Department determination but go carefully with
that because if they determine it's a demo both this Board if you need variances and the
Trustees are going to make you move that house back farther from the bluff.
MEMBER LEHNERT : They're going to look at it as if it's not there.
CHAIRPERSON WEISMAN.: What happens with a demolition is it's the Certificate of Occupancy
is extinguished so you're like supposedly starting from scratch. They see demolitions
differently than we do, we tend to have more I guess open-mindedness about trying to
reconstruct something that's already there and non-conforming but if they say it's a demo see
to them a demo is a demo they don't care you know where it sits but to us we care where it
sits and if it's sitting in a non-conforming location but you're.really preserving most of it
although you're changing a lot of interior walls it would then maybe would change the fifty
percent value, if you're adding a second floor or something then we would be more
sympathetic to saying well it's there, it's non-conforming its existing without any adverse
impact then you know we will consider granting those variances.
MEMBER DANTES : I don't know if Trustees will.
CHAIRPERSON WEISMAN :Trustees may not,Trustees may just require you to move it back.
CHARLES KUEHN : We already have a second floor but if we did have to move back that would
be that much more reason for keeping the garage in the side cause if you look if you move it
back you're going to be everything is going to be all concentrated together so I would say that
that's another reason for letting us put the garage where it's showing.
CHAIRPERSON WEISMAN : Okay well let me see
MEMBER DANTES : How stable is the bluff? Is there a non-turf buffer or anything (inaudible)
CHARLES KUEHN :The bluff is pretty well established I mean it's not I'm not sure
MEMBER DANTES : Well that's the standard for bluff setback basically bluff stability. Is there
an erosion problem in the area?
CHARLES KUEHN : We put in a hundred tons of rock in front of our seawall.
CHAIRPERSON WEISMAN : Oh you have a rock revetment?
August 4, 2022 Regular Meeting
CHARLES KUEHN : No we have a wooden seawall and then we put (inaudible) in front of it and
we got the D.E.C. approval to do that and we've (inaudible) last year.
MEMBER DANTES : Do you have a copy of that D.E.C. in here?
CHARLES KUEHN : I can send it, I don't have it with me.
MEMBER DANTES : Yeah that's the standard for a bluff setback so give us a copy of that.
CHARLES KUEHN : Sure
CHAIRPERSON WEISMAN : So the pool is 20 by 52 feet, a pretty good sized pool. The more
conforming to that setback the better especially if the Trustees may in future require that you
move your house back a little bit. If your pool was a little bit closer to the road you could have
that room you're looking for.
MEMBER ACAMPORA : But they do have that beautiful tree.
CHAIRPERSON WEISMAN :There is a beautiful tree there that's
ARENA SINGER : A copper birch that's what we're working around.
CHAIRPERSON WEISMAN : Well okay Board what do you want to do with this?
MEMBER DANTES : Can we close subject to receipt of the D.E.0 permit?
CHAIRPERSON WEISMAN : Well and the location of pump equipment and dry well. Alright do
you want to do that then? I'm going to make a motion to close the hearing subject to receipt
of an updated survey or site plan cause it doesn't matter it's a licensed professional indicating
the pump equipment location, dry well for pool de-watering and the permit from the D.E.C. Is
there a second?
MEMBER DANTES : Second
CHAIRPERSON WEISMAN : All in favor?
MEMBER ACAMPORA : Aye
MEMBER DANTES : Aye
MEMBER LEHNERT : Aye
CHAIRPERSON WEISMAN : Aye. We should have a decision well the clock starts we have sixty
two days to decide by law but we usually take two weeks. We have to do it in a meeting and
we meet twice a month so if we get everything back in time then we can hopefully have
August 4, 2022 Regular Meeting
enough time left to have a draft prepared to deliberate on two weeks from today, it will be in
the late afternoon over in the other building upstairs. That's an open meeting and you can
listen to us on Zoom if you want or you can come in but a decision will be made and I will go in
the next day and sign it which legalizes it and then we send it to the Clerk and it's filed but
you'll get a copy'in the mail. You can call the office and say what happened. That's a standard
process.
ARENA SINGER : To understand that properly, we're going to get you these things ASAP and
within two weeks we'll hear back?
CHAIRPERSON WEISMAN : If we have what we need from the architect because we closed it
subject to-receipt so the sixty two day period starts once we get what we asked for. We make
every effort because we're very busy so you know we want to get them done because there's
another batch coming and property owners .have to wait a while to get before the Board
because we're so busy there's just so many hearings as you can tell that we can manage in
one day plus we have to visit all the properties and then we have to write all the decisions in
two weeks, that's a big job. It's a very busy Board. So I hope we've been helpful and we've
clarified some of the things for you and see where we go.
HEARING#7697—JOSEPH and DEBORAH POLIDORA
CHAIRPERSON. WEISMAN : The,next application before the Board is for Joseph and Deborah
Polidora #7697. This is a request for variances from Article XXIII Section 280-124 and the
Building Inspector's June 28, 2022 Notice of Disapproval based._on an application for aL permit
to demolish (as per Town Code definition) and reconstruct a single family dwelling at 1)
located less than the code required minimum side yard setback of 15 feet and 2) located less
than the code required minimum combined side yard setback of 35 feet located at-1055 Point
Pleasant Rd. (adj. to Howards Creek) in Mattituck. We have a side .yard,setback at 10.6 feet
the code requiring a minimum of 15, and combined side yard setback at 12.2 feet the code
requiring a minimum of 35.
MEMBER DANTES : (inaudible)then when you tear the house down the (inaudible)
BOARD ASSISTANT : Well actually what's happening is isn't it attached the garage to the
house?
MEMBER ACAMPORA : No
August 4, 2022 Regular Meeting
MEMBER LEHNERT : It's supposed to be.
MEMBER ACAMPORA : It's not.
CHAIRPERSON WEISMAN : We know this property.
NIGEL WILLIAMSON : There was a prior decision on this.
MEMBER DANTES : We already granted a variance in the side yard (inaudible)
NIGEL WILLIAMSON : Yes
CHAIRPERSON WEISMAN : Yes we did, it has a prior. Didn't you recognize it when you went
there?
MEMBER DANTES : Yes but once you demo the house doesn't the variance go away?
CHAIRPERSON WEISMAN : Not if you're reconstructing because they're not going to the way
they define it is confusing. The reconstruct tells me anyway that they're preserving quite a bit
of it otherwise it would just say demolish and construct new single family dwelling. So there's
existing side yard setbacks and they all pre-date zoning. Your proposing I think a 6 foot by 16
foot one story addition and a 16.5 by 26.5 one story addition to the east.
NIGEL WILLIAMSON : Correct
CHAIRPERSON WEISMAN : And connecting the existing dwelling to the existing accessory
garage didn't we have all that argie bargie with the neighbor about an accessory garage
MEMBER ACAMPORA : The Reiners
MEMBER LEHNERT : It was containers.
CHAIRPERSON WEISMAN : Anyway, existing dwelling to the existing garage at now here's the
thing, the garage setback is 1.6 feet on this very pie shaped lot yeah. The whole thing over
here is confusing, we have no idea where property lines are it's just (inaudible). We had a
variance for that right?
NIGEL WILLIAMSON : Right
CHAIRPERSON WEISMAN : I don't think it was submitted was it?
MEMBER PLANAMENTO : It's in the packet.
CHAIRPERSON WEISMAN : Alright, what's the number?
August 4, 2022 Regular Meeting
MEMBER PLANAMENTO : 7583 it was in January.
CHAIRPERSON WEISMAN : Yeah it was very recently.
MEMBER DANTES : What's this variance for Nigel,just to change the roofline around?
NIGEL WILLIAMSON : The variance was the design passed the pier line from the last time and
where it says porch to be removed on the north side and I had an 18, by 36 or 38 foot I can't
remember addition back there and we're passed the pier line and the Trustees would not
move on the pier line even with neighbors and (inaudible). So I had to come back
CHAIRPERSON WEISMAN : Redesign
NIGEL WILLIAMSON : Redesign yes and all we're left on the site it just gets narrower and
narrower.
MEMBER DANTES Is this more conforming than what we approved last time, less non-
conforming?
NIGEL WILLIAMSON : Less non-conforming because on the west side if you see one story it
says 11.2 feet and because we got asked for that bump out at 16.1 it's 10.6 feet which is .6 of
a foot closer to the side yard property line.
MEMBER DANTES : So that's what you're here for just that little square?
CHAIRPERSON WEISMAN : No he's attaching the garage which has this tiny little setback it's
very, very close to the property line.
NIGEL WILLIAMSON : That's what you approved the last time.
MEMBER DANTES : And now you're here for the (inaudible) on the west side (inaudible)?
NIGEL WILLIAMSON : And the addition the 16.5 to 26.5 on the north east side.
MEMBER LEHNERT : Bedroom addition
NIGEL WILLIAMSON : Right
MEMBER LEHNERT : And we're also filling in the porch in the rear.
NIGEL WILLIAMSON : Correct
MEMBER LEHNERT : And addition to the living room.
NIGEL WILLIAMSON : Correct
August 4, 2022 Regular Meeting
CHAIRPERSON WEISMAN : Are you going to need Trustees again?
NIGEL WILLIAMSON : No, they made their determination (inaudible) behind the pier line and I
can't remember maybe four weeks ago or whatever and they made the decision based on this
plan and they had no objections.
CHAIRPERSON WEISMAN : Do you have that, is something written up?
MEMBER DANTES : Can you do me a favor Nigel and just circle what we're looking at on my
set of plans here. Ah okay
NIGEL WILLIAMSON : Do you want me to mark up another plan?
MEMBER ACAMPORA : Yes, I couldn't figure out on the property, what is that black chain link
fence that's only like about ten feet wide in the front?
CHAIRPERSON WEISMAN : It looks like a dog run.
NIGEL WILLIAMSON : That's exactly what it was.
MEMBER ACAMPORA : That's what it was, it doesn't look like anything alive has been there
for a while.
NIGEL WILLIAMSON No cause they well (inaudible) it was three dogs they were all
(inaudible).
MEMBER LEHNERT :There's no more dogs.
NIGEL WILLIAMSON : There are two left.
MEMBER ACAMPORA :There was no dogs there when I went cause I spoke to the son.
NIGEL WILLIAMSON : Correct because I think the parents are (inaudible) and went down to
Florida.
MEMBER DANTES : So Nigel the only thing that applies to this variance is this little 10 by 16
foot bump out at the front west hand corner of the house. The other section that's new
doesn't really apply to the variance right?
CHAIRPERSON WEISMAN : No, no, we have to reapprove it.
MEMBER DANTES : Right that's the section we already approved.
CHAIRPERSON WEISMAN : The sections we've already approved we have to reapprove
because the design is different
August 4, 2022 Regular Meeting
MEMBER LEHNERT : That's not what it says on the denial. The denial only shows the small
piece of the (inaudible) 10.6 setback and the combined Which then kicks in. It says nothing
about the 1.6 and the existing garage.
CHAIRPERSON WEISMAN : Isn't that weird?
MEMBER DANTES : Cause it's already approved.
MEMBER LEHNERT : It's already approved.
MEMBER DANTES : So what we're really looking at is that one little corner.
CHAIRPERSON WEISMAN' : I guess.they've assumed that's okay then still even though the
design has changed.
MEMBER LEHNERT : Well the 12.9 in the back isn't going to make a difference.
MEMBER ACAMPORA :No
MEMBER LEHNERT It's not going to change anything, the whole thing is pretty benign
basically.
MEMBER DANTES : and the deck
CHAIRPERSON WEISMAN : So it's just for this?
MEMBER LEHNERT : That's it one piece in the front the addition of the kitchen and because of
the 10.6 it kicks in the combined yards.
CHAIRPERSON WEISMAN : Yep
MEMBER DANTES : Get us a copy of that Trustee decision when you get it.
CHAIRPERSON WEISMAN : Do you have it yet or is it just the hearing and you don't have the
written?
NIGEL WILLIAMSON : I think I have it.
MEMBER DANTES : When you get a chance email it to the office.
NIGEL WILLIAMSON : I know I have a sheet of paper that said I needed 15 dollars and they
have to do the (inaudible)for the plantings. Maybe I didn't have a check I can't remember.
August 4, 2022 Regular Meeting
CHAIRPERSON WEISMAN : Okay well would you find out because if we're approving anything
it's always going to be subject to Trustees approval and so we need to know if that's been
done or if it's pending.
NIGEL WILLIAMSON : I can't remember.
CHAIRPERSON WEISMAN : That's alright we have a lot of application believe me I can't
remember my name half the time.
NIGEL WILLIAMSON : I'll give you one thing, if you said pea gravel (inaudible).
CHAIRPERSON WEISMAN : Let the office know you're going to submit the approval or you
know indicate where you are in that process with them and as soon as we get that so I'm just
going to close this make a motion to close this subject to receipt of that information. That'll
give you a little bit of time in case you have files you have to look through.
NIGEL WILLIAMSON : I'm going to go down there and ask them. May I just back track one
minute and ask you a question?
CHAIRPERSON WEISMAN : Is it about this application?
NIGEL WILLIAMSON : No
CHAIRPERSON WEISMAN : Let me just close subject to receipt, is there a second?
MEMBER DANTES : Second
CHAIRPERSON WEISMAN : All in favor?
MEMBER ACAMPORA : Aye
MEMBER DANTES : Aye
MEMBER LEHNERT : Aye
MEMBER PLANAMENTO : Aye
CHAIRPERSON WEISMAN : Aye.
NIGEL WILLIAMSON : It's just a general question I guess relative to my own project before and
their project and how soon do I need to get the survey in with pool equipment shown on it,
within ten days or something.
CHAIRPERSON WEISMAN : Well here's the thing, it so varies it depends I have to edit every
single decision and Kim gets it first from various assigned members we try to split up the work
August 4, 2022 Regular Meeting
and then she needs the time to check the upfront stuff, property fact blah, blah, blah then I
get it so it just depends on how busy we are.
NIGEL WILLIAMSON : How soon do I need to get it to you?
CHAIRPERSON WEISMAN : Whenever you got it. The clock does not start on that sixty two
days we get them done way before we need to, the only time we would ever take anything
like that if it was a big huge commercial project and is very complicated. So as soon as you can
and if it's not soon enough to get the draft written for two weeks we'll put it on the next
Regular Meeting it will be on for the September hearing. We have to go back and vote to
amend ZBA #7472 Cottage on Third per court order. So are you prepared to vote then?
Motion to amend as per court order, is there a second?
MEMBER DANTES : Second
CHAIRPERSON WEISMAN : All in favor?
MEMBER ACAMPORA : Aye
MEMBER DANTES : Aye
MEMBER LEHNERT : Aye
MEMBER PLANAMENTO : Aye
CHAIRPERSON WEISMAN : Aye. Let's motion to close this meeting. Is there a second?
MEMBER PLANAMENTO : Second
CHAIRPERSON WEISMAN : All in favor?
MEMBER ACAMPORA : Aye
MEMBER DANTES : Aye
MEMBER LEHNERT : Aye
MEMBER PLANAMENTO : Aye
CHAIRPERSON WEISMAN : Aye.
62.
August 4, 2022 Regular Meeting
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
IL4—
Or—
Elizabeth Sakarellos
DATE : August 18, 2022