HomeMy WebLinkAboutZBA-04/06/2023 Hearing TOWN OF SOUTHOLD ZONING BOARD OF APPEALS
COUNTY OF SUFFOLK: STATE OF NEW YORK
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TOWN OF SOUTHOLD
ZONING BOARD OF APPEALS
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Southold Town Hall &Zoom Webinar Video Conferencing
Southold, New York
April 6, 2023
10:14 A.M.
Board Members Present:
LESLIE KANES WEISMAN - Chairperson
PATRICIA ACAMPORA—Member (Zoom)
ERIC DANTES—Member
ROBERT LEHNERT—Member
NICHOLAS PLANAMENTO—Member
KIM FUENTES—Board Assistant
JULIE MCGIVNEY— Assistant Town Attorney
ELIZABETH SAKARELLOS—Senior Office Assistant
DONNA WESTERMANN —Office Assistant
April 6, 2023 Regular Meeting
INDEX OF HEARINGS
Hearing Page
Neena Reddy and Samuel Holt#7747 (Decision) 3 - 4
Fritze Fishers LLC#7724 4- 11
John Ryan #7753 12 - 17
Nicholas Sourbis and Karen S. Lucia #7754 17- 21
170 Moores Lane Realty Corporation#7755 21 - 23
North Road Hotel LLC#7756 23 - 25
Neil William Currie and Katie Lynn Watson #7757 25 - 28
Patrick Browne and Ann Marie Browne#7758 28- 31
Karol Filipkowski #7759 32- 38
Jennifer LaMaina and Karyn Cooper/North Fork Discoveries LLC#7760SE 38-41
Robert Pagnozzi/Greenport W. Holdings Inc. #7761SE 41 -57
Veronica Gonzalez#7767 57
1280 Corey Creek LLC#7774 58- 62
Peconic Community School #7775SE 63 -72
John Cosenza #7780 72- 75
Charles and Kavita Vansant#7751 75 -78
April 6, 2023 Regular Meeting
CHAIRPERSON WEISMAN : Good morning everyone and welcome to the Meeting of the Board
of Appeals for April 6, 2023. Please rise and join me in the Pledge of Allegiance. Thank you
very much. Liz, would you begin by reviewing how people can participate on Zoom if they
wish to comment?
SENIOR OFFICE ASSISTANT SAKARELLOS : Thank you Leslie, good morning everyone. If anyone
on Zoom wishes to comment on a particular application we ask that you raise your hand. We
will give you further instructions on how you would be able to speak. If you are on a phone
using a phone please press *9 to raise your hand and I will give you further instructions on
what to do next as well.Thank you.
CHAIRPERSON WEISMAN : Thank you Liz. Let me get some Resolutions out of the way. This is
a Resolution declaring applications that are setback/dimensional/lot waiver/accessory
apartment/bed and breakfast requests Type II Actions and not subject to environmental
review pursuant to State Environmental Quality Review (SEAR) 6 NYCRR Part 617.5c including
the following : Ryan #7753, Sourbis and Lucia #7754, Moore's Lane Realty Corp. #7755, North
Road Hotel, LLC #7756, Currie Watson #7757, Browne and Browne #7758, Filipkowski #7759,
Lamaina and Cooper/North Fork Discoveries, LLC 7760SE, Robert Pagnozzi #7761SE, Gonzalez
#7767, 1280 Corey Creek, LLC#7774, Peconic Community School #7775SE and Cosenza #7780
so moved. 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, the motion carries. The first hearing before the Board oh wait
we have a decision we have to do this first. Everybody read this draft? We tabled it and this is
Holt # 7747. You all have copies.
MEMBER DANTES : Did we ever get the lot coverage on that one?
CHAIRPERSON WEISMAN : Yes because we received the survey.
April 6, 2023 Regular Meeting
MEMBER DANTES : I didn't get the stamped copy it's in the office right and it has the lot
coverage on it?
CHAIRPERSON WEISMAN : Yes. So we have a draft before us for Reddy and Holt
#7747. This was a Disapproval for an in-ground swimming pool not in a code required rear
yard. Are we ready to vote?Alright Pat do you want to make the motion?
MEMBER ACAMPORA : Yes, I make a motion that we accept the variance request as written
and approved.
CHAIRPERSON WEISMAN : 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, the motion carries. Now we can get to the hearings.
HEARING#7725—FRITZE FISHERS, LLC
CHAIRPERSON WEISMAN : The first application before the Board is for Fritze Fishers, LLC
#7725. This was adjourned from January 5th so I'm not going to read the Notice again into the
record. Steve if you'd like to bring us up to date. I see you got a new survey here site plan.
STEVE HAM : Stephen Ham for the applicant. Yes there's been a slight redesign, the architect
in consultation with my client has after consulting with the neighbors has reduced the roof
line by about six feet. The setback that we're asking for is still the same and the plan is
substantially the same. I have a memorandum which I'd like to give to everyone.
April 6,2023 Regular Meeting
CHAIRPERSON WEISMAN : So the setback then is still for a front yard of 38 feet? Okay. Did
you get a copy of the letter from a neighbor we just received objecting?
STEVE HAM : No I did not.
CHAIRPERSON WEISMAN : We better make sure you get one. It is deemed to be LWRP
exempt.
STEVE HAM : Yes I did get that.
CHAIRPERSON WEISMAN : I'll have Kim make a copy for you. There's a neighbor here that
actually addressed all of the variance standards and concluded that it was avoidable. Part of
the comments have to do with the fact that it's connected by a breezeway and not a part of
the house. I think basically what I need to do cause you need to look at this because you may
want to comment on it. We will read your memorandum in the meantime. I'm just going to
take a look at the changed elevation since we just got this. I believe it was the neighbor that
was most impacted by this.
STEVE HAM : Yes that's the neighbor with whom my client's architect met. He's here with me
if you have questions concerning that.
CHAIRPERSON WEISMAN : Okay,this is a very difficult building site.
MEMER DANTES : Why don't just turn the extension to meet the setback?
BRUCE KINLIN : Hi I'm Bruce Kinlin the Architect for the project maybe I can help answer what
was the question?
MEMBER DANTES : Why not just it looks like if you just turn the extension you can meet the
setback.
BRUCE KINLIN : There is a wetland setback there's I'm actually the original architect of the
building twenty four years ago whenever it was and since then the wetland setback has
changed. So the existing house is built to the standard at the time and the new setback is 100
feet and so the extension comes out and just sits a few inches behind that 100 foot setback
and that;s what's pushing it kind of back towards the front yard a little bit.
CHAIRPERSON WEISMAN : Does this need Trustees, probably not since it's 100 foot so you
won't need Trustees so you're avoiding that.
BRUCE KINLIN : It's not to avoid Trustees it's in good practice to stay outside the setback
except for a reason.
April 6, 2023 Regular Meeting
CHAIRPERSON WEISMAN : Right it's not within their jurisdiction since it's conforming setback.
STEVE HAM : We're building along (inaudible away from microphone) that's already
disturbed. '
MEMBER DANTES : So if they conform to the code they need to get Trustees approval .
CHAIRPERSON WEISMAN : Correct, if they cranked it to conform to the front yard setback
they would need wetland setback.
MEMBER LEHNERT : So the lesser of two evils keeps him out of the wetlands.
CHAIRPERSON WEISMAN : Exactly plus the connection is kind of parallel perpendicular I mean
it's a more of a ninety degree connection if you crank it, it gets to be awkward construction
wise and visually.
BRUCE KINLIN : This is just a straight linear extension of the house. Could I show I brought a
couple of images that aren't part of what we've submitted before to just kind of explain.
CHAIRPERSON WEISMAN : By all means sure of course. Is this from the subject property
looking at the neighbor's house?
BRUCE KINLIN : It is, so the one photograph the other one that's kind of a site photograph the
Google Earth version shows you know the property that we're talking about the little red
diagram there that indicates where the proposed extension would be and the other house
you see is the neighbor. The neighbor coincidentally built an extension very similar with it's
not a breezeway but an enclosed connection like we're proposing and a small building. Just
due to the orientation to the street obviously they didn't need a variance for that but this is a
photograph taken from that red area looking towards the neighbor. I took it just a couple of
weeks ago. In the summertime you can imagine that you would see less.
MEMBER LEHNERT : You wouldn't see it at all.
BRUCE KINLIN : Yes. We met with the neighbor, we had what I thought were constructive
conversations and made some changes based on their concerns. That drawing shows the top
image is the end elevation that you see when you're at the neighboring property well it faces
the neighboring property you can't really see cause of the woods. I don't want to mispresent
you can see it you know but it's greatly shielded and then the bottom drawing represents this
addition that would be built. The reason that we wanted to share that is that the addition is
smaller and within the kind'of view corridor of the existing building it's not intruding out in
any direction. One of the things that the neighbor pointed out to us was that not only do they
care about the views to the ocean, when they're on their front porch facing the driveway they
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April 6, 2023 Regular Meeting
lookout they like looking at the woods that's in front of our client's property in the distance.
So keeping it kind of in alignment with the existing house help in that regard. If we were to
shift it forward or backward just from the neighbor's perspective it would block more of their
kind of these are all secondary views obviously their house primarily faces the water but
that's what that drawing is meant to represent.
MEMBER PLANAMENTO : Mr. Kinlin so that I fully understand, the neighbor that wrote the
letter of objection, wrote the letter of objection after the meeting with the client?
BRUCE KINLIN : Yes
MEMBER PLANAMENTO : And they live in the house that has the triangular shaped property
as shown in your Google Earth image?
' BRUCE KINLIN : Correct
MEMBER PLANAMENTO :Thank you.
BRUCE KINLIN : I also received from him I don't have it with me but we had a very I think
cordial interactions. I met with them at the property, they showed me their.house, we walked
the property and he sent me an email after that it said it was very positive. We think that we
can work these things out. Of course obviously he sent the letter and we weren't aware of it
till just now.
CHAIRPERSON WEISMAN : So what we received is comments from a Laura and Samuel
Marshall. Are those the people you've been talking to?
BRUCE KINLIN : Yes
SENIOR OFFICE ASSISTANT SAKARELLOS : Leslie we have him on Zoom with us and he has his
hand up.
CHAIRPERSON WEISMAN : Okay, would the Board want to hear what they have to say now?
MEMBER LEHNERT : Yeah
CHAIRPERSON WEISMAN : Okay let them in.
SAM MARSHALL : I'm Sam Marshall and unfortunately my wife Laura cannot make it today
but we've outlined probably in too much detail we outlined in our March 31 submission our
objections to the proposed variance and reflecting the revised variance that Bruce Kinlin has
outlined I think Steve Ham said directly it's just a slight variation of the original application.
We don't think it meets the five criteria, we've explained that in our written comments. We
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April 6,2023 Regular Meeting
do appreciate the Fritze's desire for two more bedrooms and an added bathroom. We think
there are far less intrusive and less disruptive ways to do it both within the existing zoning
rules and with a much scaled back variance and we've outlined that in our letter and we wish
we had a chance to have a bit more discussion because I think Bruce's (inaudible) has been
cordial but you know the first thing is whether it could be done without a variance and there
is land. There is room within the building lot to do that. Second, if you need a variance do you
need a variance this big and we don't think that you do and we also think that any variance
would have to come with assurances of planting and things like that not just with respect to
our property but with respect to the road. That deep setback gives the road a certain
character in value of beau colic nature that would be lost if you can start putting properties
right up against the road that much closer to the road. I'm happy to answer any questions.
CHAIRPERSON WEISMAN : Does the Board have any questions?
MEMBER PLANAMENTO : Mr. Marshall you live on Crescent Ave., can you describe the nature
of the road?
SAM MARSHALL : It is a dirt road with substantial setbacks on all sides throughout so that
when you're on the road as in a lot of other spots on Fishers you really don't see any houses
from the road because they're all so setback and that's the value of having that deep setback
in the current zoning rule.
MEMBER PLANAMENTO : What is the distance would you say from the edge of the roadway
the dirt unimproved road to the actual property owner's lot line?
SAM MARSHALL : I would say to the setback I mean it think it's about sixty feet or so maybe
more.
STEVE HAM : I mention in the memo I scaled it off at about 75 feet but that's not a surveyors
comment.
CHAIRPERSON WEISMAN : Okay that's from the edge of the dirt road to the property line.
STEVE HAM : What's open and used to the actual proposed building is about 75 feet in my
scaling off.
SAM MARSHALL : I know when we went Bruce had mentioned we put an addition on and we
operated it wouldn't have been our first choice but we operated within the zoning setback
rules and appreciated that that's part of the nature of the street and the value of the street
that all the houses have their buildings substantially set back and that adds to the view and if
you, you know on that lot and this is where I think it's a question of feasibility within the
April 6, 2023 Regular Meeting
existing zoning rules to put two bedrooms and a bathroom addition as the applicants noted.
They said yeah we can do it on the other side of the house within the zoning rules but it's
really a matter of preference. I don't think that that's from a variance perspective that's not a
feasibility question that's just an aesthetic question and I think there are far less disruptive
ways. My wife and I walked it and looked and met with Bruce and Lilly the architects and
discussed it, I just think there are far less intrusive ways both at our property and the street
within the existing zoning rules with much scaled variance and we welcome the chance for
further discussion. It's been brief and really hadn't had that much of a chance for this, we just
got this revised plan the other day. As I mentioned there are no assurances on plantings and
thing like that.
MEMBER LEHNERT: Could you speak to the wetland setback?
SAM MARSHALL : Yes, the wetland setback there it is and on the other side of the house you
could be you know and not disrupting the wetland setback there's room to put in two
bedrooms and a bathroom. There's no need to have it as you know with a breezeway and
jetting out into the area on the front yard setback. When we discussed it with the applicant
and the applicant said yeah that's true but you know that would put it right by the bedrooms
right by the kitchen and laundry and there's we appreciate there's a noise factor but I mean in
our house our bedroom is right above the kitchen and you deal with it.
CHAIRPERSON WEISMAN : If you put it on the other side it's going to be a lot closer to the
wetlands.
BRUCE KINLIN : There were two things
SAM MARSHALL : Inaudible
BRUCE KINLIN : If you were to extend it out on the other side you can see the wetland line
comes into that corner on the front of the house. Now there is to be clear a little space
between the driveway in the front of the house that you know one could argue can you make
it happen there?
SAM MARSHALL : Bruce in fairness not just there I mean with some slight reconfiguration of
the driveway you could put it off to the side too.
BRUCE KINLIN : So our thought on that is that the view corridor of the Marshall's house to put
it in that one of the points that they made to us was when we sat on their front porch and
looked across in front of the Fritze house to the woods that they enjoy and value that view. So
to you know one reason not to put it where he's suggesting is that would as my drawing
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April 6, 2023 Regular Meeting
shows the current proposal the house from their perspective is in front of it and to shift it out
to the driveway side you know closer to the road essentially would impact their view more.
SAM MARSHALL : Yeah actually Bruce we really haven't had a chance to really flush that out
but just looking at it if you put it to the right side
CHAIRPERSON WEISMAN : Okay excuse me sir, the Board has heard what you have to say and
what the architect has to say we're not here to redesign during a public hearing. We have a
proposal in front of us and we have I think unless the Board Members have other questions
that they want to ask and we'll give you a chance to close this Steve, I think we have enough
information available to make a decision. Eric has a question.
MEMBER DANTES : How long is the breezeway whatever you want to call it the hallway
between the house and the extension?
BRUCE KINLIN : The connecting element?
MEMBER DANTES : Yep
BRUCE KINLIN : I don't have the exact measurement I apologize. The roof has the building has
large overhangs that come out and that is something to accommodate that so we can get past
the overhang and make the next connection. There's no particular need for that to be any
longer than it needs to be to allow for you know to maintain the continuous enclosed space
to be part of the building.
MEMBER PLANAMENTO : And if I can a couple of other things, one I don't know if the Board
would agree with this but Steve or Mr. Kinlin do you want to take the time to maybe adjourn
or something so that maybe you can perhaps work things out with the neighbor or do you
want to see that the hearing be closed today with a decision?
CHAIRPERSON WEISMAN : I think we have a proposal. They worked very hard discussing
things with the neighbor and you know this can go on forever.
MEMBER DANTES : I don't understand how you can to me it seems like trying to get a square
peg in a round hole to try to get that on the other side.
BRUCE KINLIN : I think we presented a strong case and we ask that you close the hearing.
MEMBER PLANAMENTO : Two other questions I have, I did a site inspection I want to say a
year ago
BRUCE KINLIN : Last August.
April 6, 2023 Regular Meeting
MEMBER PLANAMENTO : One there was a shed on the front yard which is on the original
survey illustrated as being relocated, where are you relocating the shed?
STEVE HAM : It will be, we've hired someone to do that.
MEMBER PLANAMENTO : It's going away you're not going to relocate it, thank you. Then the
other question I wanted to ask in light of Mr. Marshall's comments, would you be willing to
plant some evergreens or something that's acceptable that would be appropriate to the site
cedars or other trees that would be screening?
BRUCE KINLIN : Mrs. Fritze the client I was copied on an email that she sent recently to the
Marshalls. It doesn't have a drawing but it mentions that she will be willing to plant new
plantings as part of the just her accommodation.
MEMBER PLANAMENTO : Thank you.
SAM MARSHALL : If I can I apologize one for the comment but that goes to this is a little bit
rushed. There have been some talks about what would be done but no assurances and no
details on it. We think if there is to be a variance not exactly sure why, but if we think there is
at least should have those assurances written down so that everybody understands what's
going on.
CHAIRPERSON WEISMAN : Okay fair enough. Alright anything else from anyone? Is there
anyone in the audience? Motion to close the hearing reserve decision to a later date. Is there
a second?
MEMBER LEHNERT : Second
CHAIRPERSON WEISMAN : All in favor?
MEMBER ACAMPORA : Aye
MEMBER DANTES : Aye
MEMBER LEHNERT : Aye
MEMBER PLANAMENTO : Aye
CHAIRPERSON WEISMAN : Aye
April 6,2023 Regular Meeting
HEARING#7753—JOHN RYAN
CHAIRPERSON WEISMAN : The next application before the Board is for John Ryan #7753. This
is a request for variances from Article III Section 280-15, Article XXIII Section 280-124 and the
Building Inspector's November 18, 2022 Notice of Disapproval based on an application for a
permit to demolish an existing accessory shed and construct an accessory in ground
swimming pool and an accessory shed at 1) construction located in other than the code
required rear yard, 2) construction more than the code permitted maximum lot coverage of
20% at 90 Dawn Drive in Greenport. Would you state your name for the record please.
SCOTT WECHSLER : Scott Wechsler Swim King Pools.
CHAIRPERSON WEISMAN : I have the it's up on the screen I don't see the proposed new shed
or the existing shed to be removed on this.
SCOTT WECHSLER : Right there where you just pointed there.
CHAIRPERSON WEISMAN : So it's proposed paver patio, proposed outdoor shower, where is
the shed that you're removing?
SCOTT WECHSLER : It's gone, it's been gone. It was just on the survey at one point.
MEMBER LEHNERT : So it doesn't exist anymore.
SCOTT WECHSLER : Yea
CHAIRPERSON WEISMAN : Alright, we have all been out to the property we've inspected it,
we've driven around the neighborhood. You're right the house is right at the dead end of
Wiggins and its adjacent to you know it's very heavily screened by mature evergreens. Who
owns the adjacent lot with the fence on it that's sort of undeveloped, do you know it's like a
cyclone fence?
SCOTT WECHSLER : We're trying to figure that out.
CHAIRPERSON WEISMAN : So right across the street is a wooded undeveloped lot so it's
pretty private back there, it's flat and it's open so there's no rear yard to speak of available to
put anything there.
SCOTT WECHSLER : We're going to fence and screen everything.
CHAIRPERSON WEISMAN : I was going to ask you about that because for your own sake it's
you know very close to that dead end you certainly going to want to have some privacy
April 6, 2023 Regular Meeting
screening of some sort and landscaping. Let's see if the Board has any questions, Pat anything
from you?
MEMBER ACAMPORA : No, no questions.
CHAIRPERSON WEISMAN : Eric
MEMBER DANTES : Why not why put the pool all the way in the front yard, why not move it
back so it's just in the side yard location and into the rear yard?
SCOTT WECHSLER : There's no room at all.
MEMBER PLANAMENTO : I was going to ask the exact same question, there's a slate patio
there you're proposing a new slate patio why wouldn't you place the pool in that corner and
attach it to the existing slate patio or reduce the size of the existing slate patio?
SCOTT WECHSLER : You see where the house ends in the front yard the other side there's just
no room from that point back with trying to maintain
MEMBER PLANAMETO : We're not suggesting on Wiggins Lane, I think what Eric said is what I
was going to ask is the location we have a proposed stone patio. If you place the pool there
attach to the existing slate patio which is to the right of the cursor or the mouse or even
reducing some of that slate patio you could place the pool in a much more I would argue
conforming location.
SCOTT WECHSLER : Either way we can't conform and then the shed that would have to go to
the front or the yea the shed would have to move to the front or they won't have a shed.
CHAIRPERSON WEISMAN : I guess what they're simply saying is that when we have non-
conforming locations it's the location that we're really looking at and it's a front and side yard
and it will probably no matter how far back you put going to be in a non-conforming location.
However the Board does attempt to create the greatest setback from a street that is
reasonable so that it doesn't have the visual impact that it might. You're at a dead end but
suppose the lot gets developed across the street at some future time
MEMBER PLANAMENTO : Or the adjacent lot.
CHAIRPERSON WEISMAN : Or the adjacent lot, but the point is what we're trying to do is say
alright can you be more conforming with the setback not necessary the location that seems
like a reasonable location the question is can you push it back toward your rear yard further.
MEMBER LEHNERT : As he pulls it back is he going to run into a side yard setback issue?
April 6,2023 Regular Meeting
MEMBER DANTES : I think he can kind of slide it over to avoid that.
MEMBER PLANAMENTO : I think so too.
MEMBER DANTES : I think there's ways to design so we can give him a variance for a non-
conforming side yard location and I think he can meet pretty much everything else.
SCOTT WECHSLER : See how the left property line kind of angles in
MEMBER DANTES : Yep
i
SCOTT WECHSLER : so as you pull everything back it gets super tight and then
MEMBER PLANAMENTO : But I still think part of the conversation is to remove some of the
existing slate patio so that you can place the pool in a more appropriate location.
SCOTT WECHSLER : There is no patio back there only behind the home right there.
MEMBER PLANAMENTO : Yes that's what we're speaking of.
SCOTT WECHSLER : That's you can't fit that's behind the home.
MEMBER DANTES : I'm saying the proposed slate patio would be that would be kind of where
the pool is and then you'd have some flexibility to slide the pool to meet I thinks it's a 10 foot
setback (inaudible) rear yard setback. I do think you'd get some variance relief for the side
yard location but I don't I think there's ways to design it where you don't need variance relief
for front yard.
CHAIRPERSON WEISMAN : I think they're probably are going to need a front yard you know
the point is its going to be non-conforming. The question is can we get this pushed back
farther from the road? I think the answer is yes you can still have a conforming 10 foot side
yard setback and just tweak it a bit, push it back a little more. Right now you're proposing
9.32 feet from the front yard to the edge of the pool I mean from the property.
MEMBER LEHNERT : 19 feet
CHAIRPERSON WEISMAN : I'm sorry 19.32 feet from the property line front property line.
SCOTT WECHSLER :.There's a fencing and all the plantings we want to put in there to screen
that east up a lot of space to put the right kind of evergreens in there.
CHAIRPERSON WEISMAN : Yeah they do, they do.'We're thinking maybe you can you know
increase that to 30 feet get another 10 foot setback.
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SCOTT WECHSLER : That would put it basically in the shed.
CHAIRPERSON WEISMAN : Well you're going to have to reconsider the shed possibly.
MEMBER DANTES : What's the residency what's the code conforming setback for the house?
CHAIRPERSON WEISMAN :The house is setback 47.7 feet, they're not going to be able to get
SCOTT WECHSLER : This is sort of a confusing lot because technically like Dawn Drive they're
saying even what the Inspector said Dawn Drive is the front.
MEMBER LEHNERT : Yes,you have two front yards.
SCOTT WECHSLER : Well they literally were saying that like if we kept it behind the front they
would consider it a rear one of the Inspectors that were out on the site.
MEMBER DANTES : I understand so you're saying that if you moved it back behind the line of
the house you wouldn't need a variance.
SCOTT WECHSLER : Yea but there's no room, once you get there you're jammed up either
way.
CHAIRPERSON WEISMAN : You could put a Jacuzzi.
MEMBER LEHNERT :They're.going to need a side yard variance no matter what.
SCOTT WECHSLER : We did about ten different designs here trying to make something work
with everything that the client wanted and you know he took a lot away just trying to
maintain what we have here to keep it fairly simple. The street is literally desolate, there's
nothing in that area you're at a dead end right there.
MEMBER PLANAMENTO : As of now but the property on Main Rd. that owns the field
adjacent they have access to Wiggins so there's in theory the possibility of a home being built
there which is what we're speaking of.
SCOTT WECHSLER : Anything is possible.
MEMBER PLANAMENTO : The other conversation which we didn't bring up is the excessive lot
coverage which you're looking for 21.7 so this is still something that I wonder are you
proposing or is there any opportunity for discussion to reduce the size of the pool, to reduce
the size of the deck to help reduce the lot coverage?
SCOTT WECHSLER : Well anything is possible at this point.
April 6,2023 Regular Meeting
MEMBER ACAMPORA : A 16 by 36 isn't a big pool.
MEMBER PLANAMENTO : But we've had 12 by 24, we've had you know this is a tight lot.
SCOTT WECHSLER : The steps eat up four feet of the pool so you're really down to the 16 by
32, we have the auto cover put in there for safety and everything is going to be a forest
around there when it's complete with covered screening.
MEMBER LEHNERT : I think it still can be brought into more conformance.
CHAIRPERSON WEISMAN : The Board can grant the setback the Board can grant the location,
non-conforming location but condition it based upon a specific setback from that property
line it's a little bit bigger than the 19.32 and then ask you to submit a final design that meets
that setback. We won't sit here and design it for you but you know you have choices you
made these choices and the Board is looking to simply improve the distance from that front
property line. Is that what you're all
MEMBER PLANAMENTO : Yea and I think the minimum front yard setback is 35 feet.
CHAIRPERSON WEISMAN : It depends on the size of the lot.
MEMBER LEHNERT : It's probably 50 in that zone.
CHAIRPERSON WEISMAN : It's probably a bigger setback.
MEMBER PLANAMENTO : The minimum in the residential code is 35 feet so based on
SCOTT WECHSLER : (inaudible) behind the front line of the house when you're on a corner.
CHAIRPERSON WEISMAN : Fifty feet,front yard setback is 50 feet.
MEMBER LEHNERT: Fifty feet, so the house doesn't even comply.
MEMBER PLANAMENTO : What I'm saying is on the scale of non-conforming lots the
minimum permitted and even on the secondary front yard is 35 feet.
CHAIRPERSON WEISMAN : This is what we would consider a secondary front yard, the
setbacks are less than on a principle front,yard so you have 50 feet basically from Dawn Drive
that you'd have to have which you don't have and you would have to have less and I don't
know what the secondary it's not listed here as a secondary front yard they just list it as 50.
SCOTT WECHSLER : The patio that we have currently designed is even really small for today's
standards. I mean 11 feet is like barely a lounge chair area. Everything is micro obviously you
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April 6, 2023 Regular Meeting
can make anything but it becomes a little bit useless when you want to enjoy the back yard
with the family.
CHAIRPERSON WEISMAN : Ok, any other questions from the Board? Anyone in the audience
wanting to address the application? Is there anybody on Zoom? Okay I'm going to make a
motion to close the hearing reserve decision to a later date. Is there a second? We should
have a decision in two weeks at our next meeting.
MEMBER PLANAMENTO : I'll second it.
CHAIRPERSON WEISMAN : All in favor?
MEMBER ACAMPORA : Aye
MEMBER DANTES : Aye
MEMBER LEHNERT: Aye
MEMBER PLANAMENTO : Aye
CHAIRPERSON WEISMAN : Aye
HEARING#7754—NICHOLAS SOURBIS and KAREN S. LUCIA
CHAIRPERSON WEISMAN : The next application before the Board is for Nicholas Sourbis and
Karen Lucia #7754. This is a request for variances from Article III Section 280-15 and the
Building Inspector's December 15, 2022 Notice of Disapproval based on an application in
conjunction with building permit#46053 to construct an accessory pool house/cabana and to
legalize an existing shed at 1) pool house located less than the code required minimum side
yard of 10 feet, 2) shed located less than the code required minimum rear yard setback of 10
feet, 3) shed located less than the code required minimum side yard setback of 10 feet
located at 200 Green Hill Lane in Greenport. So we're looking at a cabana let's see that's the
"as built" 8 foot 2 inch by 12 foot 2 inch shed under construction. We have a side yard setback
at 6.5 feet, the code requiring a minimum of 10 the pool house is an,open cabana. Secondly,
the "as built" shed is at 9.9 feet where the code requires 10 feet which is quite minimum and
a shed side yard setback at 8.2 feet where the code requires a minimum of (inaudible). State
your name for the record please.
NICHOLAS SOURBIS : Nick Sourbis and my wife Karen Lucia.
April 6, 2023 Regular Meeting
CHAIRPERSON WEISMAN : So this Notice of Disapproval says the cabana is at 6.5 feet from
the side yard but he survey and the site plan show a roof overhang at 6.7 feet and 9.7 feet to
the actual wall of the cabana. So we have a slight discrepancy here.
NICHOLAS SOURBIS : The 9.7 feet is to the actual back wall, the shorter number is just the
roof overhang. What happened was when it was built it was measured from the fence and
unfortunately the property line is on our side so while I think it was over 11 feet from the
fence for the actual physical structure it turned out that the property line was on our side and
that wasn't when they put it in they didn't know it.
CHAIRPERSON WEISMAN : Is that cyclone fence yours or your neighbors?
NICHOLAS SOURBIS : We don't know it was there when we purchased the house two plus
years ago.
CHAIRPERSON WEISMAN : It sounds like it must be your neighbors cause it's not on your
property.
NICHOLAS SOURBIS : That would be the logical conclusion but they also were not sure
because it was there when they bought the house a few years before we did. So it's unclear
who put up the fence.
CHAIRPERSON WEISMAN : Well it's adjacent to another shed basically on the other property
and there are undeveloped woods around.
NICHOLAS SOURBIS; Behind, yes. The other item the shed was there when we purchased the
house in the summer of 2020 and we just thought that's the one in the back upright corner
there yea. We didn't even realize it wasn't in compliance at the time.
CHAIRPERSON WEISMAN : We do have a letter of support from one of your neighbors just so
you know it's in our record.
NICHOLAS SOURBIS : Yes
CHAIRPERSON WEISMAN : The side yard is totally screened with very large very dense
landscaping mature evergreens and it's not really visible from the road.
NICHALAS SOURBIS : No
CHAIRPERSON WEISMAN : Okay I have no questions, Eric?
April 6, 2023 Regular Meeting
MEMBER DANTES : Just to clean up the paperwork would it be easier enough just to move
slide that shed over a couple of inches to get it to comply? That would take away at least one
variance.
NICHOLAS SOURBIS : Which shed?
MEMBER DANTES : The little tiny one in the back.
CHAIRPERSON WEISMAN : The "as built" shed is at 9 foot 9 inches instead of 10 feet, it could
be off by a couple of inches we don't even know.
KAREN LUCIA : I think we were told you don't require a variance if it's 100 sq. ft. is that true?
MEMBER DANTES : We don't require a variance if it meets the setback, you don't need a
building permit cause this one looks like it's 96 sq. ft. So if you slide it over it takes away the
need for even getting a building permit for it.
KAREN LUCIA : It would fall apart it's kind of old.
NICHOLAS SOURBIS : Moving it would be it wouldn't be easy just to move it, I don't know how
long it's been there my guess is over twenty years.
CHAIRPERSON WEISMAN : It's not in good condition, it would be easier to demolish it than to
do you use that shed?
NICHOLAS SOURBIS : Yea we store garden equipment and snow blower and fencing and stuff
like that for vegetables.
CHAIRPERSON WEISMAN : Okay so for a couple of inches.
NICHOLAS SOURBIS : And it's barely over the requirement right?
MEMBER PLANAMENTO : It's under.
CHAIRPERSON WEISMAN : It's under, you don't need a permit for it. (inaudible) three inches
more from your property line you wouldn't even need a variance on one side.
MEMBER DANTES : You wouldn't even need drawings or structurals or anything. It might even
be cheaper just to have it slide over than to have drawings.
CHAIRPERSON WEISMAN : Yea but it would fall apart.
NICHOLAS SOURBIS : I don't even know if it would stand it's kind of
CHAIRPERSON WEISMAN : It's not movable it will fall apart.
April 6, 2023 Regular Meeting
MEMBER PLANAMENTO : So like in the prior application the applicant stated that they were
removing the shed would you consider removing the shed which would reduce one of the
variance requests?
NICHOLAS SOURBIS : I'd rather not primarily because of cost and also we use it and it seems
like such a small amount in the back corner there.
MEMBER PLANAMENTO : Right but if it is something that's in a bad state you might consider
purchasing a new one in a conforming location.
NICHOLAS SOURBIS : I guess but until it at this point it's not failing apart but I worry if we try
to move it, it wouldn't withstand that.
MEMBER PLANAMENTO : My second question then is, is the roof overhang where you have
the kayak storage on the side have you considered cutting that back?
NICHOLAS SOURBIS : There are solar panels that heat the water for the pool to bypass or not
have to go through the gas heater so those run on the roof and I guess the simple answer
would be yes if I didn't have to cut those but they're on top of that. Do you see what I mean?
CHAIRPERSON WEISMAN : Yes
MEMBER PLANAMENTO It's a little bit of a difficult situation.
NICHALAS SOURBIS : Yes, if it was just the roof overhand and nothing on it it would have been
a simple solution but with the panels and the you know PVC coming towards the pool it
makes it more difficult.
CHAIRPERSON WEISMAN : Anything else from anybody? Is there anyone on Zoom who wants
to address the application, anyone in the audience? Okay I'm going to make a motion to close
the hearing reserve decision to a later date. Is there a second?
MEMBER LEHNERT : Second
CHAIRPERSON WEISMAN : All in favor?
MEMBER ACAMPORA : Aye
MEMBER DANTES : Aye
MEMBER LEHNERT : Aye
MEMBER PLANAMENTO : Aye
April 6,2023 Regular Meeting
CHAIRPERSON WEISMAN : Aye. We'll have a decision in two weeks.
HEARING#7755—170 MOORES LANE REALTY CORPORATION
CHAIRPERSON WEISMAN : The next application before the Board is for 170 Moores Lane
Realty Corporation #7755. This is a request for variances from Article XI Section 280-49 and
the Building Inspector's December 8, 2022 Notice of Disapproval based on an application for a
permit to construct a storage building at 1) located less than the code required minimum rear
yard setback of 35 feet, 2) located less than the code required minimum side yard setback of
25 feet, 3) construction more than the code permitted maximum lot coverage of 30% located
at 170 Moores Lane in Greenport. Would you state your name please.
NICK MAZZAFERRO : Hi Nicholas Mazzaferro, professional engineer representing 170 Moores
Lane. I don't know if you've read all the backup documentation, it says it's a storage building
but actually it looks like one of those public storage buildings but that's not its purpose it's
actually a transfer point. The operation of the moving business that Jernick's been doing here
on the Northfork for decades requires him to run around and pick up small loads, temporarily
store them and then reload them into a larger truck like to go to Florida or North Carolina or
some other place over a longer haul so it's more like a transfer station. This is not a public
storage facility, this is not accessible by the public this is simply a more efficient way of doing
the business. The warehouse is at capacity right now and the function that they're doing is
actually occurring through the use of you know a tractor trailer bodies and shipping
containers and other things that are associated with the moving business. This variance would
be granted to build this structure, clean up the operations, make it more efficient, make the
whole property look better from all the adjoining sites, reposition the building directly in line
with the main building that's in front of it. It's been there since the Falco's bowling alley burnt
down. We also set the building off five or ten feet from the main building in order to give
emergency services a passageway if they ever need to get through there and we've also
located the building in a place that optimizes the use of the parking lot and minimizes any
impact to any of the neighbors. We've situated this thing against the utility power plant
that's there. I'm here to answer any questions that you guys might have.
CHAIRPERSON WEISMAN : Let me just enter into the record what the actual relief requested
is. We're looking at a side yard setback at 5 feet where the code requires a minimum of 25
feet, a rear yard setback of 5 feet where the code again requires 35 foot minimum and
number three 41.28% lot coverage where the code permits a maximum of 30% and then four
April 6, 2023 Regular Meeting
is that site plan approval from the Planning Board is also required for this application. We do
have a letter from them indicating their support.
NICK MAZZAFERRO : Yes I received a copy of that also.
CHAIRPERSON WEISMAN : Based on the historic development of this property over many,
many years and also if you look at the context there's you know high school, there's a school,
a playing field on one side, there's a law office on another they're business or you know other
uses it doesn't have impact on any residential properties. The Greenport Municipal Works is
over there and it's in a B Zone. Basically it's a good way to clean up the property a little bit
more by having some place to put things. Anything from the Board on this? You know we've
all inspected the property, we know it anyway he's moved my house twice.
MEMBER LEHNERT : One question, there's an old building permit from 2014 for office space.
NICK MAZZAFERRO : That's completely closed out as far as I know. That's up in the front,
there was variances granted yea that's closed out.
CHAIRPERSON WEISMAN : Anything from you Pat?
MEMBER ACAMPORA : Nothing from me.
CHAIRPERSON WEISMAN : Eric
MEMBER DANTES : Are there any other non-conforming lot coverages on the block that you
know of?
NICK MAZZAFERRO : Well the block consists of the Village of Greenport's power plant to the
north, to the east is the school which I guess belongs to Greenport Union Free School District
owns that tremendous amount of property. To the south is a commercial property it used to
be (inaudible) Florist now it's now Prices Law and Insurance Office and then there's one
residential lot on the corner of Moores Lane and the North Rd. there's nothing I don't think
anything around it is (inaudible) the property is in a very industrial looking area. Verizon is
across the street and then there's the ball field across the street so I don't think there's any
impact around the perimeter and I don't think there's nothing else non-conforming on the lot
itself. We lined the building up the existing building and I guess it was also the north boundary
line is in the same position as the original bowling alley was built with a 5 foot setback. We
maintained that all the way through the length of the property against the utility part. I don't
know if I answered your question. Also note that the east wall the east side of the property
and the south side of the property is completely screened it's stockade fence and on the east
side there's some evergreens growing there. On the south side again against the one
April 6, 2023 Regular Meeting
residential property (inaudible) the Price Law Office property is also (inaudible) growing all
through there.
MEMBER LEHNERT : You've got commercial property to the west, the bank building, the
lumber yard across the street.
CHAIRPERSON WEISMAN : It's totally mixed, there's no impact on this at all. Anything else
anyone in the audience? 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,thanks very much.
HEARING#7756—NORTH ROAD HOTEL, LLC
CHAIRPERSON WEISMAN : The next application before the Board is for North Road Hotel, LLC
#7756. This is a request for a variance from Article XXII Section 280-116A(1) and the Building
Inspector's November 7, 2022 Notice of Disapproval based on an application for a permit to
construct a deck addition to an existing building (in conjunction with BP#48244) at 1) located
less than the code required 100 feet from the top of the bluff located at 62005 CR 48 (adj. to
the Long Island Sound) in Greenport. Would you state your name please.
DANIEL PENNESSI : Good morning my name is Dan Pennessi appearing for North Road Hotel.
CHAIRPERSON WEISMAN : So we've all inspected the property, we have received comments
from the LWRP Coordinator indicating that this is consistent. I believe you're not going any
closer to the rion-conforming bluff setback than what exists, you're just going to rebuilt that
old deck and wrap it around so that that's on the side. So there's no additional non-
April 6, 2023 Regular Meeting
conformity really it's just a rebuild to make is safe. What do we have here; the bluff setback
just for the record is 31.5 feet where the code requires 1001feet, is that correct?
DANIEL PENNESSI : Yes at its closest point on the northeast corner is 20.7 feet for the existing
dilapidated deck.The new deck is 34.2 feet.
CHAIRPERSON WEISMAN : The Notice of Disapproval indicates that the survey shows 31.5
feet from the top of the bluff.
MEMBER LEHNERT : That's for the new deck.
CHAIRPERSON WEISMAN : The deck itself.
MEMBER LEHNERT : It's talking about the existing.
MEMBER DANTES : Are you taking the entire existing deck off to rebuild it?
DANIEL PENNESSI : No, so the existing deck at the northeast corner is 20.7, we're just going to
repair that deck that north deck. So the application and Notice of Disapproval identify the
closest portion of the new deck which replaced the historic deck on the property is the 31.5
feet at its closest point.
CHAIRPERSON WEISMAN : Okay that's clear enough.
MEMBER DANTES : I have no questions.
MEMBER PLANAMENTO : I have no questions.
CHAIRPERSON WEISMAN : This is very straightforward. Anybody on Zoom? Thank you for
being so quick. 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, we'll have a decision in two weeks at our next meeting which
we deliberate we have drafts written at that point. Everybody has read them we go over
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April 6, 2023 Regular Meeting
them, we discuss them and the we vote on them. Then the next day I usually go in and sign
them which legalizes them. You will get a copy in the mail, you can call the office or you can
attend it's an open meeting. If you want to sit in you can do that in person you can't talk
there's no testimony it's not a hearing or you can listen in on Zoom if you want or just call the
office and you'll get it in the mail.
DAN PENNESSI : One last question, I do have to apply to the Trustees is there anything that
would indicate I guess their next meeting is on the 17th so I was hoping to get onto that
agenda.
CHAIRPERSON WEISMAN : Well we don't have any control over that. You will need Trustees
approval for this also and that will be a condition of our approval.
MEMBER LEHNERT : They're not going to let you file till you get something from us.
CHAIRPERSON WEISMAN : They're not going to hear anything until the ZBA makes a decision
but you certainly can get on their schedule. I advise that cause they're swamped as we are.
DAN PENNESSI : Yea they have room for us on the 17th so I didn't know if I can at least apply
to them.
CHAIRPERSON WEISMAN : You can just tell them by then we'll have a decision oh that's right
our meeting is on the 20th
DAN PENNESSI : So you're both conditioned on each other, thank you.
HEARING#7757—NEIL WILLIAM CURRIE and KATIE LYNN WATSON
CHAIRPERSON WEISMAN : The next application before the Board is for Neil William Currie and
Katie Lynn Watson #7757. This is a request for variances from Article III Section 280-15, Article
XXIII Section 280-124 and the Building Inspector's December 6, 2022 Notice of Disapproval
based on an application for a permit to demolish an existing dwelling, construct a single
family dwelling and to legalize an existing shed (under 100 sq. ft.) at 1) dwelling located less
than the code required minimum side yard setback of 20 feet, 2) dwelling less than the code
required minimum rear yard setback of 60 feet, 3) "as built" shed located less than the code
required minimum rear yard setback of 15 feet located at 1175 Champlin Place in Greenport.
Would you state your name please.
NEIL CURRIE : My name is Neil Currie and I'm the owner of the property.
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April 6, 2023 Regular Meeting
CHAIRPERSON WEISMAN : So we have received we knew it anyway but we did receive all of
your documentations over the LWRP determination where the Trustees said it was consistent
and for us for the ZBA we have an inconsistent. Mark Terry has at our request indicated he
would review that. Part of the problem or the circumstances rather than the problem, ZBA is
Chapter 280, Trustees are 275 they are slightly different standards so it is not inconceivable
that applying those standards here and the other standards there there's a difference but we
do want to get that clarified. Let me enter into the record than what you're actually asking
for. For this new dwelling let's see the side yard setback as proposed 10 feet where the code
requires a minimum of 20, the rear yard setback is proposed at 18 feet, the code requires 60
foot minimum, the shed is a rear yard setback of 4.9 feet, the code requires a minimum of 15
feet. Most of the property we've all been out there is total wetlands, there's almost no
building envelope to speak of, very odd shaped building envelope. I'm just looking at my own
notes from the site inspection. The adjacent property is undeveloped Suffolk County land. The
shed has a building permit from 1974, 7255 and the Trustees required a 15 foot non-
disturbance buffer is that right?
NEIL CURRIE : That's right.
CHAIRPERSON WEISMAN : You're proposing an IA system.
NEIL CURRIE : That's correct.
CHAIRPERSON WEISMAN : We have been told by the LWRP Coordinator maybe consider a 20
foot buffer, is that doable for you?
NEIL CURRIE : Originally the buffer was actually 10 feet at the request of the Trustees we
actually extended that to 15 feet. I think if we make it any more than that there's not going to
be any practical way to put the driveway in quite frankly. It may also be (inaudible) as part of
the discussions with the Trustees as well and actually the permit they've issued us we have
also agreed that there would be a condition to have non-turf on the entire property. So I
don't know if that makes a difference or not.
CHAIRPERSON WEISMAN : Not to us but it certainly does to environmental conservation. I
mean grass usually requires fertilization and certainly irrigation and all of that is runoff. You're
really burdened with an awful lot of wetlands. Let's see if the Board, Eric questions?
MEMBER DANTES : Do you need the shed?
NEIL CURRIE : Pardon
MEMBER DANTES : Would it be possible to remove the shed?
April 6, 2023 Regular Meeting
NEIL CURRIE : It would be, it would leave no storage really on the property other than in the
house itself not even like things like leaf blower for the general maintenance of the property
we would like to keep it.
CHAIRPERSON WEISMAN : So there's no place in the proposed new dwelling where you could
put lawn equipment and stuff like that?
NEIL CURRIE : Not ideally to be perfectly honest.
CHAIRPERSON WEISMAN : Is there like a garage there or something?
NEIL CURRIE : There's no garage, no room for one.
CHAIRPERSON WEISMAN : No garage, is there a basement?
NEIL CURRIE : There is a basement proposed, yes and that would be accessible only by steps.
MEMBER PLANAMENTO : This reminds me of if you can recall there's an application on New
Suffolk Rd. where a one bedroom home was established on a similar lot.
CHAIRPERSON WEISMAN : Yep
MEMBER DANTES : I have no further questions.
NEIL CURRIE : When we were discussing with the Trustees as well the setback from the side
yard was originally 13 feet, we did move the proposed structure back on the property at their
request as well. The reason for that was because it was the eastern side of the property no
further towards the wetlands than the current structure. There's also the impact of that was
that we also did lose three feet of setback on the western side which moved it from 13 which
is the existing distance to the current property and the current 10 feet and similarly on the
back of the property the rear yard the impact losing a couple of feet as well as a result of that.
CHAIRPERSON WEISMAN : Well in this case it's very good that you wound up going to see the
Trustees before the ZBA because the environmental impacts are very substantial of anything
built on that lot. Probably if they hadn't historically been a dwelling on that property it would
have been considered a non-buildable not a building lot.
NEIL CURRIE : Right
CHAIRPERSON WEISMAN : Pat is there anything from you?
MEMBER ACAMPORA : No, no questions.
CHAIRPERSON WEISMAN : Anything from anybody else?
April 6, 2023 Regular Meeting
MEMBER LEHNERT : No questions.
MEMBER PLANAMENTO : I just have the comment about the other property that I think I
mentioned earlier, this is a tough to develop lot and I do think that there's an opportunity for
you know somewhat of a redesign.The setbacks are substantial that they're asking for.
CHAIRPERSON WEISMAN : Is there anybody else in the audience? 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, we'll have a decision in two weeks.
HEARING#7758—PATRICK BROWNE and ANNMARIE BROWNE
CHAIRPERSON WEISMAN : The next application before the Board is for Patrick Browne and
AnnMarie Browne #7758. This is a request for variances from Article XXIII Section 280-124
and the Building Inspector's December 20, 2022 Notice of Disapproval based on an
application for a permit to demolish (by Southold Town definition) an existing single family
dwelling and construct a new two story single family dwelling at 1) located less than the code
required minimum front yard setback of 40 feet, 2) located less than the code required
minimum side yard setback of 15 feet located at 1645 Calves Neck Rd. (adj. to Town Creek) in
Southold. So this is not a total demolition, this is per Town Code which means fifty percent
more of the existing value and the two story dwelling is proposed to have a front yard setback
actually its currently a one and half story but it's proposed to be two the new one. Front yard
setback at 38.9 feet where the code requires a minimum of 40, side yard setback at 4.6 feet
where the code requires a minimum of 15. 1 see what you're trying to do is attach an as built
accessory garage with a 4.6 foot side yard setback in order to renovate the house. That also
April 6,2023 Regular Meeting
changes the front yard setback then at the closest corner the garage to 38.9 cause it's now
attached. So basically things are sort of staying in the footprint.
MARTIN FINNEGAN : Yes we're am I good to go, just for the record Martin Finnegan 13250
Main Rd. Mattituck for the applicant. I am here for Lisa Poyer who is on vacation lucky her.
Yes Leslie you correctly stated, this is essentially because of initially we didn't think we
needed a variance at all because there was a prior variance granted way back when in '57 that
blessed the existing setbacks for front yard and side yard for this garage but because it is
being joined with the house and the Building Department subsequently deemed it a demo
here we are. So it is relatively straightforward, I don't want to beat a dead horse here I'm just
asking you to once again bless the existing setbacks. The garage itself has no new structural
changes
MEMBER LEHNERT : So this is one big technicality? 1
MARTIN FINNEGAN : Exactly, this is one of those ones that if we ever developed that sort of
deminimus list this kind of thing that should be on there that's really the whole thing.
Obviously there's a prior variance for the exact same relief. We're only here for
MEMBER LEHNERT : Cause it's being attached to here.
MARTIN FINNEGAN : Exactly
CHAIRPERSON WEISMAN : I have to say this, this is ZBA #38 1 mean are you kidding me
November 30, 1957.
MARTIN FINNEGAN : Like five minutes after they adopted the code.
CHAIRPERSON WEISMAN : Yes exactly yep.
MARTIN FINNEGAN : I thought that was pretty exciting too.
CHAIRPERSON WEISMAN : One of the very first.
MEMBER PLANAMENTO : We had an earlier one too
CHAIRPERSON WEISMAN : We got you beat we got number eleven. You're putting in an IA
system right?
MARTIN FINNEGAN : Yes.There was a slight change to the very northwest corner I don't know
why but just to make sure that the plans that were originally submitted with the application
are matched I mean this was just submitted but literally it was like a boxing off it has no
bearing on this relief for anything but I just wanted to make sure you guys had current plans.
April 6, 2023 Regular Meeting
CHAIRPERSON WEISMAN : Ok thank you Martin.
MARTIN FINNEGAN : Are there any questions?
CHAIRPERSON WEISMAN : We've all been out there, the garage I'm looking at my site
inspection notes.
MEMBER LEHNERT : It's pretty straightforward.
t
CHAIRPERSON WEISMAN : Well the house is I mean the garage that's going to be part of the
house now is way closer to the road than the big two story house you know behind it.
MARTIN FINNEGAN : Yea I mean everything else is completely compliant.
CHAIRPERSON WEISMAN : It's not going to affect it. The two stories will have no impact on
that. The house across the street is set way back from the road and the garage faces an open
flat grassy area.
MEMBER LEHNERT : All the proposed new work doesn't require a variance.
MARTIN FINNEGAN : Right no it's all conforming.
MEMBER LEHNERT : Because you attached it.
MARTIN FINNEGAN : Yes
CHAIRPERSON WEISMAN : I did notice that the hot tub that appeared on the survey is now
gone it's just a slab with an electric box that's coming up, that would have be removed
anyway from the because of the construction.
MARTIN FINNEGAN : If it weren't for the demo we wouldn't be here.
MEMBER PLANAMENTO : Right
MARTIN FINNEGAN : We can debate that one all day long.
CHAIRPERSON WEISMAN : Pat do you have any questions on this one?
MEMBER ACAMPORA : No, very straightforward.
CHAIRPERSON WEISMAN : Liz is there anybody on Zoom? No, okay Eric anything from you?
MEMBER DANTES : No
CHAIRPERSON WEISMAN : Nick
April 6, 2023 Regular Meeting
MEMBER PLANAMENTO : Martin nothing.
MARTIN FINNEGAN : Thank you Nick.
CHAIRPERSON WEISMAN : Okay I'm going to make a motion to close the hearing reserve
decision to a later date. Is there a second?
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. 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. Motion to reconvene, is there a second?
MEMBER PLANAMENTO : Second
CHAIRPERSON WEISMAN : All in favor?
MEMBER ACAMPORA : Aye
MEMBER DANTES : Aye
MEMBER LEHNERT : Aye
MEMBER PLANAMENTO : Aye
April 6, 2023 Regular Meeting
CHAIRPERSON WEISMAN : Aye. Is Liz on there? Liz would you please go over the instructions
for those on Zoom on how they can participate.
SENIOR OFFICE ASSISTANT SAKARELLOS : Good afternoon everyone, if anyone that is on Zoom
wishes to comment on a particular application we ask that you raise your hand. I will give you
further instruction on when you will be able to speak and how. If you are using a phone
please press *9 to raise your hand and I will let you know what to do next.Thank you.
HEARING#7759—KAROL FILIPKOWSKI
CHAIRPERSON WEISMAN : The first application this afternoon before the Board is for Karol
Filipkowski #7759. This is a request for a variance from Article III Section 280-15 and the
Building Inspector's November 7, 2022 Notice of Disapproval based on an application for a
permit to construct an accessory building at 1) located in other than the code permitted rear
yard located at 450 Dick's Point Rd. in Cutchogue.
JOAN CHAMBERS : Good afternoon my name is Joan Chambers and I'm here to represent Mr.
Filipkowski concerning building his garage there. The idea was he was trying to put this garage
in sort of the middle of the wooded area so that it would be the least obtrusive to the
neighborhood. He really wound up having three front yards when I went to the Building
Department which left sort of nowhere to go as considered a rear yard and we couldn't really
put this garage in on Pinewood Rd. which is the front of his house just because he's already 50
feet away from the property line and there just isn't any room for a reasonable way to attach
it to the house. So this is how we sort of wound up where we are. The one thing that I
probably should have put on this survey was the driveway which is going to go down to Dicks
Point Rd. I had several phone calls from neighbors asking me that specific question and I
answered the question but it should have probably been put on the survey and I'll be happy
to put it on and turn that in.
CHAIRPERSON WEISMAN : So it's going to be off of Dicks Point Rd?
JOAN CHAMBERS : Yes
CHAIRPERSON WEISMAN : As you know we've inspected the property. Do you know what the
total lot coverage is with that proposed addition?
JOAN CHAMBERS : I don't know if the Building Department asked me for that. I'm sorry if I
don't have it.
April 6, 2023 Regular Meeting
CHAIRPERSON WEISMAN : Sometimes it's on the survey but I didn't notice.
JOAN CHAMBERS : That's what I'm looking for right now. No I don't see it here. I'd be happy
to do a site plan and come up with that for you if you'd like.
CHAIRPERSON WEISMAN : I doubt that it's not going to be non-conforming but I just thought
it would be interesting.
JOAN CHAMBERS : We tried in every way to conform it as far as square footage and height,
there's no bathroom in it, there's no heat in it it's just
CHAIRPERSON WEISMAN : So there's no plumbing.
JOAN CHAMBERS : No plumbing, no heat it's just meant as you know storage area for
vehicles.
CHAIRPERSON WEISMAN : What kinds of vehicles?
JOAN CHAMBERS :Just family vehicles and also a trailered boat.
CHAIRPERSON WEISMAN : They have an attached garage, what's going on with that?
JOAN CHAMBERS : The carport yea that's where the boats going to go in underneath there
because it's too tall probably to fit into the garage.
CHAIRPERSON WEISMAN : Okay, I did you know that name seemed very familiar to me so I
did ask staff to research it and sure enough we had a prior ZBA application #6747 for a Special
Exception Permit#6748 for Karol Filipkowski and that was for a contractor's yard.
JOAN CHAMBERS : Right
CHAIRPERSON WEISMAN : That was dormant since it was actually in 2015 it had been
dormant so the office as our policy now asked him to activate it and he never did so then we
closed it out on September 20 of 2017. Once something is inactive for two years then we
basically contact them to say what are you going to do with this, do you still want to do it or
what. If we don't hear anything we just assume its dormant and that's it. We do have a letter
of objection from a neighbor two of them. Is this going to be unfinished, finished this looks
like kind of a Morton building metal?
JOAN CHAMBERS : No it'll be a wood frame construction but it will be unfinished on the
inside, you know siding on the outside, plywood floors in the loft. It's just meant for just
storage space you know for family items.
April 6, 2023 Regular Meeting
CHAIRPERSON WEISMAN : Because I guess I got concerned with whether or not he was going
to be using you know work vehicles storing things like that.
JOAN CHAMBERS : I could I'll answer that question the best I can. I was helping Mr.
Filipkowski with that original one which was up on the North Rd.
CHAIRPERSON WEISMAN : Right
JOAN CHAMBERS : but we couldn't get it passed Planning because the lot was so narrow we
couldn't get you know like a workshop and a driveway in off the road so he subsequently sold
that property and I believe he purchased another piece of property for his business but I
couldn't tell you where it is. I'm sorry I don't have that information but I can find that out
from Karol and get back to you if you'd like.
CHAIRPERSON WEISMAN : Yea I'd like to know that.
JOAN CHAMBERS : That he isn't going to use this as his contractors storage?
CHAIRPERSON WEISMAN : Yea exactly. It's one thing if you're proposing something that's
strictly residential for residential vehicles you know cause it is way ,up high I mean he is
burdened with three front yards let's face it there is no conforming place to put anything but
it is very big. It's 25 feet by 48 feet which is much bigger than most garages.
JOAN CHAMBERS : Okay
CHAIRPERSON WEISMAN : And it's a second floor. What's going on, on the second floor?
JOAN CHAMBERS : That's just open storage, there isn't even a wall at the staircase there
that's just a staircase to go up and store family items.
MEMBER ACAMPORA : Why do they need so many windows?
JOAN CHAMBERS : It was just the architectural design of the windows just to make it look like
a nice building rather than a shed.
CHAIRPERSON WEISMAN : And the second floor is also open rafters, open studs unfinished.
JOAN CHAMBERS : Yes
MEMBER PLANAMENTO :Joan do you have any proposed plumbing, any water, electricity?
JOAN CHAMBERS : No there'll be standard shop lights in there but there's no proposal to
bring any water there at all, no plumbing, no kitchens, no heat it's just going to be a storage
building.
April 6, 2023 Regular Meeting
CHAIRPERSON WEISMAN : I'm going to actually read a couple of questions just'into the record
that one of the neighbors raised. One of them has been answered already about is it personal
or commercial vehicles or personal vehicles. You indicated personal.
JOAN CHAMBERS : Personal
CHAIRPERSON WEISMAN : Other activities that can take place in the garage, willthere be
vehicle maintenance, repairs, an office anything like that?
JOAN CHAMBERS : That's not intended, no office no vehicle repairs. I'm assuming he'll have
some sort of a residential work bench maybe with a table saw or something for carpenter
projects but he's not intending to use that building as part of his business.
CHAIRPERSON WEISMAN : Okay no business use. You're going to get the lot coverage info and
his place of business right?
JOAN CHAMBERS : Yes
CHAIRPERSON WEISMAN : The question was also asked, will someone be able to live there.
Well the answer is no unless you appear back before this Board.
JOAN CHAMBERS :That's not the intention.
CHAIRPERSON WEISMAN : requesting a Special Exception Permit for a family member to live
in an apartment in an accessory structure but there is no intent.
JOAN CHAMBERS :There is no intent at this point.
CHAIRPERSON WEISMAN : Right now there is no habitable space in the building. We've
answered that one second floor living quarters, where will the driveway be we've answered
that. So those were the questions that were raised by a neighbor. Let's see what else, for the
record there's a 50 foot front yard setback from Holden, a 40 foot front yard setback from the
adjacent residential property, 50 feet from Dicks Point so there's substantial setbacks. It is
going to be on a high point so even if there's woods there, there will have to be some tree
removal obviously and hopefully the most minimum but it will be visible there's no way
especially in the winter there's no way it won't be. Okay let's see Rob do you have some
questions?
MEMBER LEHNERT : I have no questions.
CHAIRPERSON WEISMAN : Nick
MEMBER PLANAMENTO : No questions.
April 6, 2023 Regular Meeting
CHAIRPERSON WEISMAN : Eric
MEMBER DANTES : I don't have any questions.
CHAIRPERSON WEISMAN : Pat
MEMBER ACAMPORA : No I think you've answered all the questions.
CHAIRPERSON WEISMAN : Okay well then let's see if there's anyone in the audience who
wants to address the application. Please come forward and state your name.
JOE KONDRACKE : Joe Kondracke 510 Holden 280 Dicks Point is across the street from the lot
that's in question. Mr. Filipkowski does have a business that seems to be addressed there at
that lot and the redundancy is I want to make sure that this is not going to be for commercial
use. Now I didn't see on the information I got, how is it going to be accessed? I don't see
anything for curb cuts either on Holden or Dicks Point so I presume it's still coming from his
house is that how it's going to be accessed?
JOAN CHAMBERS : No he's going to have a driveway that comes out from Dicks Point Rd. to
the new garage and the new garage will not connect to the
JOE KONDRACKE : So the vehicles will be okay so it's residential vehicles his own private
vehicles but they're going to be coming in not through his house they're going to be coming in
off(inaudible)
JOAN CHAMBERS : Yea if you looked at the property there's really no way you could come in
that driveway and get around the house and up to the new garage.
JOE KONDRACKE : Yea that's why I was asking. What about the height of the building and the
garage door itself?
JOAN CHAMBERS,: The height of the building itself is under 22 feet from grade to ridge.
JOE KONDRACKE : How big are those garage doors?
JOAN CHAMBERS : The garage doors area 8 feet.
JOE KONDRACKE : Eight foot door.
JOAN CHAMBERS : Right
JOE KONDRACKE : My concern again is commercial use and now this is on a separate lot or
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April 6, 2023 Regular Meeting
JOAN CHAMBERS : No I believe these lots were merged at one point, it used to be a separate
lot and Mr. Filipkowksi bought both of them but according to the surveyor this is all one lot
now.
JOE KONDRACKE : One lot so it can't be sold off as a separate garage to somebody else?
JOAN CHAMBERS : Not without further subdivision as far as I am aware.
CHAIRPERSON WEISMAN : Okay you need to address the Board. People do this all the time, its
technical but that's the way it's supposed to work and then I'll say Joan would you answer
that please. We'll get the same results. I'm not rushing you.
JOE KONDRACKE : No those are my concerns and it seems to be everybody else's.
CHAIRPERSON WEISMAN : Anyone else in the audience wanting to address the application? Is
there anybody on Zoom?
JANE GLOVER : I'm Jane Glover I live behind and adjacent to my driveway is parallel to where
the new structure is. lust like that last gentleman that spoke it was great to see the sketch of
the garage doors. So there's going to be two big eight foot doors? I couldn't quite picture how
that's going to be, are they regular residential doors or are they like those big industrial ones?
My concern also is the fact that with him having a business, is this going to be used for
commercial? Are those two sets of garage doors like you would see in a normal house a
normal garage?
MEMBER DANTES : You can see the drawing on the screen can't you?
JANE GLOVER : Right so it was to tiny I couldn't see the dimensions. So the last gentleman
asked and the answer was eight feet. So there are two eight feet wide sets of garage doors
with like either cement or shingles in between and then an outside door is that the way it's
going to be?
CHAIRPERSON WEISMAN :Joan do you want to address that?
JOAN CHAMBERS : Yes those are intended to be residential style garage doors which means
they go up and across the ceiling of the garage and then that is a person size door beside it
that would be 6 foot 8 inches tall. That's what it looks like and it's intended to shingle this
building it's not going to be cement in between them it will be siding like it would be on a
normal house.
JANE GLOVER : Okay great thank you very much.
April 6,2023 Regular Meeting
CHAIRPERSON WEISMAN : Anything else, anybody else on Zoom? Anything else from the
Board? Anyone else in the audience. Okay 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 LEHNERT : Second
CHAIRPERSON WEISMAN : All in favor?
MEMBER ACAMPORA : Aye
MEMBER DANTES : Aye
MEMBER LEHNERT : Aye
MEMBER PLANAMENTO : Aye
CHAIRPERSON WEISMAN : Aye,the motion carries we'll have a decision in two weeks.
HEARING # 7760 SE —JENNIFER LAMAINA and KARYN COOPER/NORTH FORK DISCOVERIES,
LLC.
CHAIRPERSON WEISMAN : The next application before the Board is for Jennifer LaMaina and
Karyn Cooper/North Fork Discoveries #7760SE. Applicant requests a Special Exception under
Article III Section 280-13B(4) to establish and operate a nursery school/childcare facility/early
learning at 31095 Main Rd. in Cutchogue. Who is here to represent the application? Please
state your name for the record.
JENNIFER LAMAINA :Jennifer LaMaina
KARYN COOPER : Karen Cooper
CHAIRPERSON WEISMAN : Welcome. So the history on this building and you fully documented
it with photographs but we've all done an interior inspection as you know so we've seen the
premises and it looks just like it did when the prior owners were operating the same kind of
facility. So this is just a matter of you're going to use this for a total of fifty children is that
about right?
JENNIFER LAMAINA : That is the hopes as long as OCFS, Office of Children of Family Services
approves it.
April 6, 2023 Regular Meeting
CHAIRPERSON WEISMAN : I know they have specific age limits as to who can occupy a second
floor and all. No new structures are proposed?
JENNIFER LAMAINA : We have some minor changes.
CHAIRPERSON WEISMAN : Do you want to address those.
JENNIFER LAMAINA : Two of the windows that are going to be in the infant rooms needed to
be changed into emergency exit doors.There are two of those.
CHAIRPERSON WEISMAN : Alright so you're going to have to deal with the Building
Department, emergency exits will be replacing how many two windows did you say?
JENNIFER LAMAINA : Two windows.
CHAIRPERSON WEISMAN : You have a total of fourteen parking spaces right for staff, parents
and such? I know that you're going to have somebody out there an attendant when the kids
are dropped off those people will not be parking. Could you Planning Board has discussed the
fact that they want to understand more about the site circulation. You are not required to
have Planning Board site plan approval that was previously done but there are two spaces
parking spaces close to the entry exit that they're suggesting might be an obstruction to site
circulation, so how's that going to work? Can you describe how that might actually work on
your property, how you people are going to come in, drop off, leave, where staff is going to
park and all that.
JENNIFER LAMAINA : We foresee us putting (inaudible) markings as a one way, one way in on
the east side of the parking lot that's closest to King Kullen and then they would exit on the
west side. So it would be a circular type of you know come in come out. We will have those
spots that are in front of the signage removed the markings and
CHAIRPERSON WEISMAN : Did you get a copy of that letter? We should have sent it to you
from the Planning Board.
JENNIFER LAMAINA : Yes and our landlord also owns the building behind us and he has extra
space that he has already told me that he can provide us with our staff to park there.
CHAIRPERSON WEISMAN : This was we originally granted the Special Exception Permit in 2010
and that was converting existing office space to a nursery school so this is the same use and
you have an outdoor space that's secure with fencing. This is very straightforward, I don't
have any questions I think we've covered most of the issues. Rob do you have questions?
MEMBER LEHNERT : I have no questions.
April 6, 2023 Regular Meeting
CHAIRPERSON WEISMAN : Nick anything from you?
MEMBER PLANAMENTO : I have no questions but thank you for your patience. I know you
wanted to get things started early on and
CHAIRPERSON WEISMAN : Just so everybody in this audience is aware, this Board is doing
everything humanly possible to hear as many applications per month as we can. We have
gone from on average of eight applications a month to fifteen a month but trying to hear
more than fifteen people in one day we won't be paying attention our eyes will glaze over and
that's not good for anybody. So we're doing everything we possibly can to move these things
along. When you submitted your application as complete which was in January I mean I know
you were asking questions for quite a while before then but for us the calendar starts with
when we say okay that's complete. We have everything we need, they've submitted it we
have the check now we're good to put you on. There were ninety five applications ahead of
yours in January this year. I just am taking a second so that people understand how much
development is going on in town. You know it by the traffic alone right and that's why things
are delayed. It isn't because we're not attempting to take on more and more work it's that
there is a critical mass which we simply can't do more and responsibly get out and visit every
property before a hearing, write up all these legal decisions and render them in a quick way.
We don't want to keep people waiting, once you've been before this Board we make every
effort to get the decision into your hands two weeks later at our very next meeting. So that's
a lot of in between stuff. So again Nick's right thank you for your patience. Anything else, Pat
do you have any questions?
MEMBER ACAMPORA : No, no questions.
CHAIRPERSON WEISMAN : Eric did I ask you?
MEMBER DANTES : No questions.
CHAIRPERSON WEISMAN : Anyone else in the audience who wants to address the
application? Go ahead on Zoom.
ERIN ARGO : Hello my name is Erin Argo. I just wanted to address the Board thank you for
taking my question. Just as a parent on the Northfork as you noted obviously there's a lot of
development going on in our town and I can appreciate that and the challenges that you all
face in addressing all of the applications that come before you. I would just ask respectfully
for the Board to consider a situation in which perhaps when it's something that benefits the
community as a whole that there might be a way to prioritize some of these applications. As a
mother of two small children and living in a community where many, many people have
moved out to be able to raise their children in a wonderful place such as this to have the
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April 6,2023 Regular Meeting
delay that we had in order for this to come before the Board for a use that had already been
approved back in 2010 was extremely frustrating for all of us.who are having to commute and
find day care elsewhere and pay all of the money that we have to pay to try and make sure
that our children are well taken care of when we are at work during the day. So just wanted
to throw that out there for the Board to consider potentially finding a way to based on the
fact that you guys have so many applications coming in and there are only you know as many
of you as there are that in some instances perhaps there could be come priority given to
something that would benefit the community as a whole rather than just one private
individuals request to make some modification to their home.Thank you.
CHAIRPERSON WEISMAN : You're welcome. Anything else? 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,the motion carries.
MEMBER DANTES : Should have a decision in about two weeks.
HEARING#7761 SE—ROBERT PAGNOZZI/GREENPORT W. HOLDINGS, INC.
CHAIRPERSON WEISMAN : The next application before the Board is for Robert
Pagnozzi/Greenport W. Holdings, Inc. #7761SE. Applicant requests a_Special Exception under
Article III Section 280-13B(13). The applicant is the owner of the subject property requesting
authorization to establish an accessory apartment in an existing accessory structure at 190
Pheasant Place in Greenport.
ROBERT PAGNOZZI : Hi good afternoon, Robert Pagnozzi.
April 6, 2023 Regular Meeting
CHAIRPERSON WEISMAN : So we have inspected the property and you submitted a lot of
documentation. We have received a notice from the Building Department that the proposed
livable floor area of the proposed accessory apartment is in conformance at 732 sq. ft. and
exactly who is going to be residing in this apartment.
ROBERT PAGNOZZI : My daughter.
CHAIRPERSON WEISMAN : Is she going to be there full time?
ROBERT PAGNOZZI : Full time.
CHAIRPERSON WEISMAN : Does she live nearby now or is she moving from someplace?
ROBERT PAGNOZZI : Yea she's going to move out here, she does a lot of work on computers
so she wants to take the time and relax and just stay out here and work on it so,she's a
programmer.
CHAIRPERSON WEISMAN : So she can work from home.
ROBERT PAGNOZZI : She can work from home.
CHAIRPERSON WEISMAN : You indicate in your application that this is your principal residence
you submitted driver's license and bills and voter registration, tax returns we have all that in
the file but you indicted you were not qualified for STAR exemption. Now I won't reveal
personal information before the public, the income you've indicated is well below the cap for
qualifying for STAR exemption so if that's the case why are you not able to obtain a STAR
exception?
ROBERT PAGNOZZI : I didn't think that I was able to so I never filed for it.
CHAIRPERSON WEISMAN : You never filed for it so then how would you know that you
weren't qualified for it?
ROBERT PAGNOZZI : I never filed I never even asked, I never even thought about it.
CHAIRPERSON WEISMAN : That is one of the ways the Board verifies somebody's principle
residence because it needs to be your primary full time residence. It doesn't mean you can't
go to Florida for vacation but it needs to be a principle residence. The standards are very
clear, they're very specific and if you check all the boxes you're entitled. I wonder whether it
was possibly because you're listed as an LLC? If you haven't applied you don't know.
ROBERT PAGNOZZI : I'd have to talk to my accountant on that. I have a lot of properties in
LLC's.
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April 6, 2023 Regular Meeting
CHAIRPERSON WEISMAN : if you have money coming to you from the government don't you
want it?
ROBERT PAGNOZZI : Yea I would take some right now.
CHAIRPERSON WEISMAN : Were you also aware that there are Covenants and Restrictions on
the subdivision in which your property is located,August Acres?
ROBERT PAGNOZZI : What do you mean?
CHAIRPERSON WEISMAN In addition to a Homeowners Association which I am sure you
know about, when the subdivision was filed by the Planning Department when it was
developed they imposed Covenants and Restrictions on the property and that is not within
the jurisdiction of this Board that's within the jurisdiction of the Planning Board. I combed
through them at length and there a couple of things that are potentially applicable but the
one thing that I did not find and perhaps someone who has copies can find it for me or you
can find it for me. You certainly should have a copy of that for your records anyway. They
basically spell out the powers and duties of the Homeowners Association, it's members, it's
assessment and so on. Article I in definitions#C defines homes as it shall mean and refer to all
units of residential housing situated upon the property. Now the apartment when these were
written there was no law allowing accessory apartments in accessory structures so they
certainly weren't addressing the C&R's were not addressing that situation. However an
apartment is not considered a second dwelling, it is a residential unit okay and that's based on
the size and state code. I didn't see anything in the Covenants and Restrictions that
specifically limited one residential unit per property. If there is anybody who is able to show
that either the Homeowners Association or a property owner we would welcome finding that
out. If you're legally entitled to something you are but if you're not that's another story and
we need to just look further into this. That's all I have for the moment, let's see if the Board
has any questions.
MEMBER PLANAMENTO : I think a neighbor may want to speak.
CHAIRPERSON WEISMAN : Okay before we ask our questions we'll let you go ahead.
ANDY ORICCIO : Good afternoon ladies and gentlemen my name is Andy Oriccio this is Fred
Salsberg we're on the Board of the August Acres Homeowners Association so we're here
representing the association the HOA. You mentioned the Covenants and Bylaws, it does say
something about only single residential lots, I don't know the exact wording I don't have it in
front of me. So we have an amendment to the Covenants that would disallow accessory
apartment in accessory buildings because we want to keep all the lots as single resident only
no accessory apartments.
3
April 6, 2023 Regular Meeting
CHAIRPERSON WEISMAN : When you say amendment
ANDY ORICCIO : Amendment I don't know how to express it to you, we will put out a
questionnaire to the members to see if they approve it or disapprove it so we're still in the
process of that.
CHAIRPERSON WEISMAN : Well Homeowners Association and Bylaws can be amended as you
well know by the association members by the Board and so on but they don't have the same
force of law as Covenants and Restrictions which are filed with the County and they were
imposed by the Planning Board when the subdivision was established. That's why I went to
see whether or not there was any prohibition in those Covenants as it stands now. I did find
one section that referred to architectural review you know Section 3 under general
provisions. It says no building fence blah, blah, blah no landscaping shall be commenced
corrected or maintained on the property. This has to do with putting things in the back yard,
this has to do with the kind of materials that you're allowed to use so that somebody doesn't
put up an ugly Morton building you know in your lovely subdivision but it doesn't say anything
about that specifically addresses what the applicant is requesting.
ANDY ORICCIO : We're aware of that, that's why that's the questions it's a legal question and
it's an amendment to the Covenants not
CHAIRPERSON WEISMAN : You don't have the right to amend the Covenants, you have to go
to the Planning Board.
ANDY ORRICCIO : Oh
CHAIRPERSON WEISMAN : The Planning Board holds the authority over the Covenants cause
long before you owned your property they're the ones that established the subdivision that
you bought your lots in, they're the ones that established those Covenants and Restrictions
because they had a vision for how they wanted it to look and remain in perpetuity. So that's
what a Covenant and Restriction does.
FRED SALSBERG : I'm Fred Salsberg, we have a proposed amendment to the Covenants which
was done by our attorney which were then follow all the procedures necessary to get that
approved not just by the Board but any legal requirements beyond the scope of what we're
permitted to do. So that has gone out to the membership and no we don't have any we're
just beginning to get responses now. With the issues that are before us,and where everybody
seems to be objecting I.'m sorry not everybody of the responses that we've gotten back is that
we allow one change like this one accessory apartment in a separate building then there is no
reason why there are remaining thirty five properties in the association thirty three area built
on. There's no reason then by allowing one exception that every other homeowner could
April 6,2023 Regular Meeting
propose the same building of an accessory apartment separate from the primary structure
and rent it out to a family member or anyone else and theoretically we then have thirty five
homes being as many as seventy. I admit that's not too likely but the fact is it is in our opinion
a real slippery slope and that would entirely change the nature of the area that moved to. I
mean we could have moved into Greenport itself in a little bit more crowded but people
bought the property here on the basis of one home based on the original application. I agree
that there's nothing in the Covenants, it wasn't anticipated at the time. It has the potential
for entirely changing the neighborhood for increasing the density, traffic and it's nice the fact
that because of where we are we don't get a lot of traffic but this could literally potentially
double what we have in an area that was designed for approximately an acre per home and
nothing more.
CHAIRPERSON WEISMAN : Well you're right in that no one would be restricted from
requesting as the applicant has a Special Exception Permit to establish such a thing but there
are many, many standards and hoops they have to jump through in order to find approval.
There has to be an existing accessory structure with a Certificate of Occupancy so that it's a
legally existing structure, they have to have the home as their principle residence, they cannot
rent it, it cannot be over 750 sq. ft. it can't be smaller than 450, they can only rent it to a
family member full time year round. This isn't part time, this isn't not meant to be a guest
house, this is meant to be for a child a relative I mean if he wanted to he can say I'm moving
into the apartment my kids have kids of their own and I want them to have the house. It
doesn't matter, as long as the owner of the property is on the premises full time as their
principle residence. So the intent of this code was not so much to increase density but to
leverage more housing units our of what's already there instead of building more. We all
know there's no rentals are available in this town and sometimes an elderly parent you know
wants to down size and stay on their property in a neighborhood that they love so the Town
Board approved this as a way of accomplishing a number of goals and in theory it's a good
idea but it does have impacts which is why they come for review which is why we're listening
to you because that's part of the public participation,process that's what this is meant to-do
that's what a public hearing is for. We're certainly listening to your concerns but I just want to
reassure you that they can't just suddenly come in and start building these.
MEMBER DANTES : The other thing is, this code has been around for maybe a little bit over
ten years right now
CHAIRPERSON WEISMAN : 2010
MEMBER DANTES : Yea so we get maybe five a year that come in so it's not
CHAIRPERSON WEISMAN : Well it's expensive.
April 6,2023 Regular Meeting
MEMBER DANTES : Yea so it's not like everyone just comes in and says boom we're building
an apartment.
CHAIRPERSON WEISMAN : Well if they can rent it at market rate they probably would but
everybody would be coming in to do that but that's not the intent and it's not legal to do that.
Let's stop talking and let them talk.
FRED SALSBERG : I think the question from those of us who live there is that we don't see that
being a primary residence with owners cars on the property all the time. There is a question
in our mind as to and I don't know if that comes before the Zoning Board or not but maybe
elsewhere, where the septic system is which is right next to a sump and right behind that
property we think are wetlands
MEMBER DANTES : He would have to make an application with the Department of Health and
they'll,have jurisdiction on that.
CHAIRPERSON WEISMAN : Either he will be the Health Department will either determine that
he has adequate you know size for an additional bedroom which is what the apartment would
have or not in which case he would have to put in a very expensive IA system, Innovative
Alternative Wastewater Treatment System which is an upgrade it very much protects
wetlands and so on. They're not requiring it on an existing systems unless there's some
alteration or it fails then you gotta put in one of these new ones.
ROBERT PAGNOZZI : It's a new system.
CHAIRPERSON WEISMAN : You're going to put in an IA system?
ROBERT PAGNOZZI : Yes
CHAIRPERSON WEISMAN : Alright so he already knows from the Health Department he's
going to have to put in a new septic system that is conforming to state health code. Why
don't you address the comments about your principle residence sir.
ROBERT PAGNOZZI : This is right now my residence but I have multiple properties. Right now
I'm actually in Florida, I'm doing projects in Florida so I won't be back probably for another
five or six weeks but I have residencies there so I go back and forth quite often. Right now
(inaudible) property down there that we're renovating so most of my time right now is in
Florida so as soon as I'm done here basically I'm going to get on a plane and heading right
back.
FRED SALSBERG : We had as an address for mailings is a Port Washington address.
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April 6, 2023 Regular Meeting
CHAIRPERSON WEISMAN : You have a property in Port Washington?
ROBERT PAGNOZZI : I have a property there too. I have one in College Point, I have properties
in Greenpoint you know that's where I keep my office. That's where my workers go so if I'm
not around my staff is able to get my mail and they're able (inaudible) where it goes. I have a
home office there.
FRED SALSBERG : Our understanding when the LLC was first filed that the address associated
with it for mailings from our perspective was the Port Washington address and frankly over
time have not seen that house as being a primary residence so that was another concern.
MEMBER DANTES : He submitted paperwork, tax returns, drivers licenses
CHAIRPERSON WEISMAN : Voter registration
MEMBER DANTES : I mean he has for all intense the legal standards in the file.
MEMBER LEHNERT : The tax bill is sent to the Southold address.
CHAIRPERSON WEISMAN : We don't even entertain these until they submit documentation
that is spelled out in our application form what you have to submit to show principle
residency. We wouldn't even have a hearing if that stuff wasn't already in our file which by
the way you have full access to. I mean everything is on Laserfiche, it's all foilable it's public
information anything that's he's proposing. Do we have Donna do you have the floor plans or
anything like that?We're just going to show you what he's proposing.
ANDY ORICCIO : We have seen that,that was sent out to the membership.
CHAIRPERSON WEISMAN : Oh good so you have some familiarity that it's a one bedroom
small kitchen.
ANDY ORICCIO : Mr. Pagnozzi did send that out not to the individuals but to the Homeowners
Association, we then to every address we have on file sent it out to everybody.
CHAIRPERSON WEISMAN : Alright good. One thing Donna can you go back to the survey
please. Okay so one thing that's required that is not on your survey is you have to have you
have plenty of parking in the front but you have to have two spaces for the principle
residence and you have to have one space for the apartment a total of three spaces. Now you
could technically get them all in the front I think.
ROBERT PAGNOZZI : I have five cars.
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April 6,2023 Regular Meeting
CHAIRPERSON WEISMAN : But one would assume that you're not going to have your daughter
walking through snow without a footpath. There's gotta be some connection between the
parking unless you put in a longer driveway
ROBERT PAGNOZZI : I don't want to put in a driveway I'll put in a footpath in there.
CHAIRPERSON WEISMAN : So then you'll have to put some sort of walking path you know to
show that in fact there's a relationship between where the tenant in the apartment is parking
and you know where they're walking to get into their-apartment.
ROBERT PAGNOZZI : Okay we can add that.
MEMBER PLANAMENTO : Leslie can I ask a question of the association? I kind of might be
going down a rabbit hole in the wrong direction but you said that you're specifically working
to amend the bylaws and more importantly the Covenants and Restrictions about an
apartment in an accessory unit. How do you feel about accessory.apartments in the primary
residence? Is that something that you're also limiting?The town,code allows that by right.
FRED SALSBERG : I'm not quite sure I understood what you were saying there. We did have
one home where there was an extension built onto the house for a mother in law of one of
the or the mother of one of the owners but .that was not a separate structure. It was
connected to the house with open to the house.
MEMBER PLANAMENTO : Right so the town code has a provision that allows if it's your
principle residence you're allowed to add, convert the garage, put in an addition that's
attached an apartment that doesn't exceed forty percent I think of the first floor and there's
no issue with the association to that point you just don't like the idea of it being in a separate
structure.
ANDY ORICCIO : Well our thinking quite frankly is that in a separate structure it then becomes
just another rentable unit just adds more traffic of people who actually don't live there and
don't necessarily care about the kind of neighborhood we've tried to establish.
MEMBER PLANAMENTO : The only thing I would say which I'm trying to understand and it's a
disconnect for me is if you can have it attached to the house in the garage as an addition, .
attached to the house you can still have your same thirty five or thirty six houses but each
person could in theory be entitled to the same apartment. It would still give you the seventy
houses or the seventy units that you're disagreeing with here.
CHAIRPERSON WEISMAN : Well the other thing is when you establish an apartment in the
principle dwelling either by just redesigning inside or adding an addition up to twenty five
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April 6, 2023 Regular Meeting
square feet of additional foundation. When this. apartment in accessory structures law took
place in 2010 we used to see those, those attached to the house as Special Exception they
became as of right. You can go to the Building Department and get a permit okay but the
difference is you can rent that unit in your house to anybody at any price you want. That
could be market rate, it could be five grand a month if you wanted if you can get it. With the
apartments in the accessory structures they are limited strictly to a family member by a legal
lease agreement not short term, not additional family members unless they're just guests for
you know visiting it has to be a year round rental to a family member or somebody that is on
or qualifies for the Affordable Housing Registry. Someone who lives and works in Southold
who needs an affordable place to live and that would be like a school teacher or a nurse or
somebody like that.
ANDY ORICCIO : No Air B&B's?
CHAIRPERSON WEISMAN : No Air B&B's absolutely not.
MEMBER LEHNERT : And this Special Exception follows the homeowner not the property.
MEMBER DANTES : Air B&B's you need two week minimum stay so
CHAIRPERSON WEISMAN : Did you say you have an attorney working with you with the HOA
to try and amend these Covenants and Restrictions?
ANDY ORICCIO : Yes
CHAIRPERSON WEISMAN : How far along are you in that process?
ANDY ORICCIO : Only to the point of being given the (inaudible) of the amendment and
sending out for approval or not of the association members.
MEMBER LEHNERT : We can't retroactively go back on something that's done in the future.
ANDY ORICCIO : No we're not we would presume anything that happened before that got
approved if approved understanding that that wouldn't be grandfathered either by law or
CHAIRPERSON WEISMAN : Usually when those are amended from the time the amendment
was made going forward. It exempts prior decisions.
ANDY ORICCIO : That's what we would presume going forward.
CHAIRPERSON WEISMAN : Well this is a time issue here. In a way you're in process but you've
got quite a way to go it sounds like before the Planning Board requesting that they with your
attorney amend their Covenants and Restrictions on the subdivision.
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April 6, 2023 Regular Meeting
ANDY ORICCIO : We frankly had not thought of any need to until this arose.
CHAIRPERSON WEISMAN : Right okay, Air B&B is whole other story. Those are rentals that are
proliferating all over the place and driving everybody crazy. Many of them are not legal
because they are not they're supposed to be no less than two week rentals and people do
end runs around them. They simply say okay two weeks but meanwhile they have every two
days somebody else is in there or they're only there for the weekend and then they can't rent
it the rest of the time. So that's just an issue that's town wide but they are not allowed and
that's just the way it is. Just to be clear in the record, are you acknowledging that your C&R's
at the moment do not prohibit
ANDY ORICCIO : Yes
CHAIRPERSON WEISMAN : and you're in the process of attempting to get your membership to
vote that you would like them to be prohibited?
ANDY ORICCIO : Yes
CHAIRPERSON WEISMAN : Okay. So now we need to get Planning involved at some point.
Let's see who else wants to unless I don't want to rush you if you're not finished.
MELISSA SPIRO : I don't want to be repetitive so I won't read what I wrote but I'm Melissa
Spiro 1010 August Lane. I actually don't know my neighbor so hello and this is nothing against
him. I'd like to just talk a little bit about the community character, I believe that's something
that the Zoning Board needs to look at in granting Special Exception. So August Acres has
about forty houses in it I think thirty five houses and we're on a peninsula known as Conklin
Point, we're surrounded by water. There's two other main roads there, Bayshore Rd. and
Island View Lane. I believe the Zoning Board is very familiar with Bayshore Rd. because we're
having a significant amount of houses that are small houses somewhat small houses that are
being torn down and being rebuilt. I don't want to say that they're all being Air B&B'd cause
they're not but there are a significant amount of rentals. Whether they're long term, short
term, seasonal but there's definitely been a changing of character in the twenty two years
that I've lived there. So I'm a little worried about the precedent setting of having really a
second unit. I'm all for affordable housing, I wish that the town code was changed and said
that if we're going to have accessory apartments for our family members or whatever that
they really had to be in the affordable housing and didn't allow you to potentially and I'm not
saying that this is going to happen but potentially rent out the larger house or visa versa
cause I believe that that can happen.
MEMBER DANTES : The larger house would have the same restrictions which would have to
be an affordable (inaudible)
April 6, 2023 Regular Meeting
MELISSA SPIRO : (inaudible) to do Air B&B. All of us here in August Acres are primarily most of
us I guess are primary residents and some of those houses are being rented seasonally
through I guess I'll call it Air B&B generically.
MEMBER DANTES : Well if they don't have a rental permit they can't rent.
MELISSA SPIRO : I guess you can get rental permits as long as you're doing it
MEMBER PLANAMENTO : In a compliant two week period except if somebody is less that's
where Code Enforcement should be called.
MELISSA SPIRO : Right it's my assumption that the way an owner can be a primary resident
could legally and wonderfully rent it to an affordable housing person or their daughter and
then also seasonally rent out the house.
MEMBER PLANAMENTO : No they can't get a rental permit on the house.
CHAIRPERSON WEISMAN : They have to be in residence.
MEMBER DANTES :Then he would lose the permit for the apartment.
CHAIRPERSON WEISMAN : You can't do both.
MELISSA SPIRO : Okay so no rental and that
MEMBER LEHNERT : One or the other.
MELISSA SPIRO : Well that's good. Our neighborhood when I drove around and I'll call it the
smaller neighborhood and the larger neighborhood of that whole peninsula there are not any
that I can see structures that are the second structure whether it's an affordable apartment,
an accessory apartment or whatever there aren't any I don't think, maybe one or two. This
request is for an apartment that meets the size restriction it doesn't exceed the 750 sq. ft., it
has two decks a midsize deck on the second floor and I believe it looks like a rooftop deck. I
don't see any other I'll call them secondary structures in that immediate area or larger area
on Conklin Point so I think that this is setting a pretty significant precedent of that secondary
use in that area. So I just ask that the Zoning Board look at that change to the community
character in the larger area there. I think it's a negative impact in allowing additional owners
and if there is the ability to rent for seasonal rental as is proliferating in that area.Thanks.
CHAIRPERSON WEISMAN : Did you want to submit what you wrote?
MELISSA SPIRO : No it's all gobbledy gook.
April 6, 2023 Regular Meeting
DOROTHY SALSBERG : Hi my name is Dorothy Salsberg, I live at 2890 Kerwin Blvd. and
although Mr. Pagnozzi states that this is going to be for his daughter and I guess he to sign an
agreement with you?
MEMBER DANTES : He gave us a lease saying that his daughter will live there.
DOROTHY SALSBERG : So now how do we monitor that?
MEMBER DANTES : He as to get a yearly certification from the Building Department.
DOROTHY SALSBERG : But if we see differently, he can say anything he wants and sign
anything he wants but we're left with an accessory apartment over a three car garage. If he
wants to make an apartment for his daughter he could convert his garage into an apartment
and use the three car garage that he has standing there. So that's my concern and I guess
we'll have to be watching out if this gets approved if it really is going to be for a family
member.Thank you.
CHAIRPERSON WEISMAN :Thank you, anyone else?
ELAINE SCHNEIDER Hi my name is Elaine Schneider. I just wanted to add a little bit just
saying that when my husband and I moved out here we felt we were moving into a nice quiet
not retirement but quiet one family dwelling community and we would hate to see I would
have to see my husband passed away to see everything change in our area. I would think the
Homeowners Association and the people that live there should have at least a little say at
what does transpire and that's pretty much all I want to say. I think our living area should be
what we would like and shouldn't be changed because of an apartment and what are all the
rules and what if the house was sold.
CHAIRPERSON WEISMAN : If the house was sold this does not go with the land, this goes to
the individual because if it was sold and let's say the apartment is still there obviously they're
not going to rip it out that individual if they wanted to,use that apartment would have to
come back it's not transferable to other people. In other words a permit if granted because
they would have to come in and prove that it's their principle residence, that there's a lease
going to a family member. I mean there are many, many more restrictions on this kind of
application then there are on other kinds of applications.
ELAINE SCHNEIDER : If our association passes to the Covenant that we only want one family
dwelling (inaudible)
CHAIRPERSON WEISMAN : If you are able to change through the Planning Board the
Covenants and Restrictions to prohibit more than one residential unit on a single lot then
April 6, 2023 Regular Meeting
indeed that would bar future applications but that's a thing you would have to work through
the Homeowners Association and get the lawyer together and go back to the Planning Board
and request that they amend those Covenants.
ELAINE SCHEMER : Well I just wish you would consider the homeowners here and what they
did desire to live with and that's all I have to say.
MEMBER PLANAMENTO : So two points though Mr. Pagnozzi's application be excluded
because it's pre-existing versus any C&R change and then the other thing I'm a little confused
about is just there's already the history the homeowners association shared that there's an
apartment in a house.
MEMBER DANTES : Plus you're doing a C&R on a property that already exists. I don't know
you can't just go to someone's property and say oh yea we're adding a C&R on your property
and
MEMBER LEHNERT : They would have to sign off on that.
MEMBER DANTES : I don't know exactly the legal (inaudible)
CHAIRPERSON WEISMAN : I don't know either but Planning will have to sort that out with our
Town.Attorney.
ELAINE SCHNEIDER : So you're saying that that could transfer with the transfer of the house?
MEMBER DANTES : Well the structure transfers and the new owner would have recertify if
they so choose to.
ELAINE SCHNEIDER : Oh I thought you were saying something to the contrary.
CHAIRPERSON WEISMAN : We're going to get slightly bogged down into legal details that I'm
not sure we're prepared to really address correctly so rather than misspeaking and you know
saying something that may not be absolutely truthful because I don't have that expertise, I
think we just need to look into it. Certainly we need to talk to the Planning Board, Julie did
you want to say something?This is our Assistant Town Attorney.
ASSISTANT TOWN ATTORNEY MCGIVNEY : The Planning Board filed those Covenants and
Restrictions when the property was being developed and agreed to be subdivided the way it
is so now to go back to them and say we want to amend them and not allow this quite frankly
I don't see that can be something that would happen but it's certainly can't happen through
the ZBA. We're just here to determine whether or not he fits the qualifications for having at
this moment.
April 6, 2023 Regular Meeting
ELAINE SCHNEIDER : You don't know what the future can entail?
MEMBER DANTES : No
ASSISTANT TOWN ATTORNEY MCGIVNEY : No and at the moment if the Homeowners
Association does not have any restrictions on people being able to have an apartment and the
law allows it then it's
ELAINE SCHNEIDER : It's all up in the air if this were to be approved we wouldn't know what
the future can hold.
MEMBER DANTES : We never know what the future holds.
ELAINE SCHNEIDER : No but I meant by what you're saying there would be nothing to say no it
can't be transferred.
CHAIRPERSON WEISMAN : No there is something to say it can't be transferred. If this were to
be approved this is granted to Mr. Pagnozzi nobody else.
ELAINE SCHNEIDER : What were you questioning?
CHAIRPERSON WEISMAN : If he sold his house then that's the end the apartment either has to
be removed or they're going to have to come the new owner would have to come before the
Board just like he's doing, submit documentation that it's his principle residence yes I live
here, this is going to be my sons or daughters or whatever or I know I have an employee who
really needs an affordable rental and they qualify income wise for the town's housing registry.
You don't have to just get stuck with somebody you don't know. If you want to rent this to
someone who works and lives in the town and is not a relative you can do that as long as they
qualify income wise for an affordable unit with the town's registry. You can pick who on that
registry you want and if you know somebody who qualifies say it's an employee then you can
have that employee there as long as they go to the Supervisor's Office, fill out all the
paperwork and they qualify for an affordable unit based upon HUD standards for income in
Suffolk County then that's legal but they can't just you know sell the house with it intact.
ELAINE SCHNEIDER : I just think you're changing the community that people have moved into
a one family residential dwelling and I think the community should have a say in it that's all.
CHAIRPERSON WEISMAN : Well I think that's perfectly reasonable and that's why we have
public hearings. This is why we ask the public what they think. It's not always something that
we can legally use we might empathize but we have to follow the law and whatever the legal
standards are that are in place that's what we have to do. We can't personalize things and we
can't go on feelings and often that's difficult cause we're neighbors you know. We live in
April 6, 2023 Regular Meeting
neighborhoods too and we understand what the concerns are but the town decided that we
need affordable rentals and we need places for kids who grew up here and can't afford to
stay here to live without moving into their parent's house for rest of their adult life that's
where it came from.
ASSISTANT TOWN ATTORNEY MCGIVNEY : Just to address your comment about how will we
know, the Code Enforcement Officer is responsible for going out and ensuring that if there's a
complaint you don't believe someone is living there or that their relative they're in charge in
going out and seeing actually there's a complaint you can find it on the website for the town.
KAREN GRAYSON : Hi I'm Karen Gayson my husband John we live on Kerwin Blvd. in the
August Acres community also. I'm not going to repeat everything I feel for everybody and the
association and that's my opinion also. I think you really need to double check on the address
of Mr. Pagnozzi. On the paperwork that we got sent that he filed with it said he lived in Port
Washington and the house that he lives in is a two and half million dollar house and you really
need to research where he's really coming from.That's what I have to say.
CHAIRPERSON WEISMAN : Thank you, is there anyone else in the audience who wants to
address the application?
SUZANNE SIKES : My name is Suzanne Sikes and I live almost adjacent to the sump that's next
to the property. When we purchased our house we have all of the documents, I didn't know
that I would have to present something so I'm just going to tell you that when Posillico
approached to buy the property and establish the August Acres community he stated that the
plots would be roughly one'acre a piece and the house would be on the property if it gets
built on the property it has to be a single family dwelling. The design of the property was for
single family I just wanted to say that that was with the original application. I have a copy I
can send it to you.
CHAIRPERSON WEISMAN : Actually we have it it's in your Homeowners Association Bylaws
and it's also in your Covenants and Restrictions but it doesn't limit the number of residential
units. It's a single family lot and there's a minimum house size also in those C&R's you know,
can't build it any smaller than X amount I forget exactly. So there are you know lots of specific
things in there but unless somebody can show me exactly where it prohibits more than one
residential unit and again they didn't anticipate it. Everything was single family, every
subdivision in this town.
MEMBER PLANAMENTO : And Leslie I would think also I mean you got the single family
dwelling
MEMBER DANTES :Technically the apartment is accessory to the single family dwelling.
April 6,2023 Regular Meeting
MEMBER PLANAMENTO : That's what I was saying, it's like having accessory swimming pool
or tennis court or a garage. This is an accessory apartment for the primary use.
SUZANNE SIKES : You don't rent your pool and you don't rent you know the other things.
CHAIRPERSON WEISMAN :That's true. .
SUZANNE SIKES :This is even though I don't know what the arrangements are but it's still it's
a rental property.
MEMBER DANTES : Right but the town code defines an accessory apartment as being
accessory to a single family dwelling. The intent the August Acres was established to be a
single family.
CHAIRPERSON WEISMAN : Understand very good, anything else? Anybody on Zoom? Okay I
think what we need to do is talk to the Planning Board about this. We can adjourn it to the
following month or you know
MEMBER DANTES : Adjourn to the Special.
CHAIRPERSON WEISMAN : That's a good idea we don't need another hearing.
MEMBER LEHNERT : We're talking about a Covenant that doesn't exist.
CHAIRPERSON WEISMAN : No I know I understand but I would like them to verify their
Covenants and Restrictions for the Zoning Board. So I want to get comments from the
Planning Board who imposed those. So what I'm going to propose that we do here, I don't
think we need another public hearing but I do want to get that clarification from Planning so
I'm going to make a motion to adjourn this to the Special Meeting which is in two weeks. That
gives us time to talk to them. If our questions are all answered and; no further action is
required I will then close this application, close the hearing two weeks from April 201h and
that's not a public hearing. It's an open meeting anybody can listen to our deliberations on
Zoom or in person we will then see if we have what we need from Planning and there's
greater clarity and then we will close the matter. We will then have a decision at our next
Regular Meeting. We meet twice a month and so we try to move things as quickly as possible
so that would be at the outset the earliest. All of you can be informed you know call the
office, if we get something in from Planning we will put it immediately into Laserfiche file
which is available to the public so the public can have access to it. So I'm going to make a
motion to adjourn to the Special Meeting on April 20th. Is there a second?
MEMBER LEHNERT : Second
April 6, 2023 Regular Meeting
CHAIRPERSON WEISMAN : All in favor?
MEMBER ACAMPORA : Aye
MEMBER DANTES : Aye
MEMBER LEHNERT : Aye
MEMBER.PLANAMENTO : Aye
CHAIRPERSON WEISMAN : Aye,the matter is adjourned.
ROBERT PAGNOZZI : I have a question how can I find out I won't be around at that time April
20th SO?
CHAIRPERSON WEISMAN : You can Zoom, we'll have a link.
MEMBER DANTES : Once we make a decision we'll mail you a copy.
CHAIRPERSON WEISMAN : You can always call the office. We're not going to have a decision
in two weeks because we're going to have to see what we get and assuming we don't have
any further questions then we close it. Then we will have a draft decision to vote on at that
following meeting which is like a month from now.
ROBERT PAGNOZZI :Thank you so much.
HEARING#7767—VERONICA GONZALEZ
CHAIRPERSON WEISMAN : I have good news for all of you who have been waiting patiently,
the next application for Veronica Gonzalez #7767 is being adjourned at the request of the
applicant. I'm going to actually adjourn it to July 6th Regular Meeting. Is there a second?
MEMBER ACAMPORA : Second
CHAIRPERSON WEISMAN : All in favor?
MEMBER ACAMPORA : Aye
MEMBER DANTES : Aye
MEMBER LEHNERT : Aye
MEMBER PLANAMENTO : Aye
April 6,2023 Regular Meeting
CHAIRPERSON WEISMAN : Aye
HEARING#7774— 1280 COREY CREEK, LLC
CHAIRPERSON WEISMAN : The next application before the Board is for 1280 Corey Creek, LLC
#7774. This is a request for a variance from Article XXIII Section 280-124 and the Building
Inspector's November 18, 2022 amended January 23, 2023 Notice of Disapproval based on an
application for a permit to demolish an existing single family dwelling and construct a new
two story single family dwelling at 1) located less than the code required minimum front yard
setback of 40 feet located at 1280 Corey Creek Land (adj. to Corey Creek) in Southold.
MARTIN FINNEGAN : Good afternoon again everybody, Martin Finnegan 13250 Main Rd.
Mattituck for the applicant. I know it's been a long day so I'll try to get through this as quickly
as possible. As Leslie mentioned we're seeking a modest front yard variance here to allow for
the reconstruction of this waterfront home. As you may be aware the property sits on Corey
Creek and a lot of the rear yard area of this property and neighboring properties is marsh land
so most of the homes lay closer to the roadway. Here this is a situation where this property
had a variance that was granted back in 1980 for the existing footprint. At that time there was
a 50 foot setback and a variance was granted to allow the house to be a 35 feet. We're
currently requesting a variance to go from I said 35 it was 34.3 down to 30.36. That is
essentially because with the reconstruction there was a slight shifting of the home and it's
really going to be the garage area which is just shifting slightly forward by a couple feet so it's
not a big lift here.Just to briefly address the one of things I did want to mention at the outset
is, I did yesterday submit a revised set of plans having nothing to do with the relief we're
seeking here. There's a patio on the rear of the house that through the D.E.C. approval
process they required it to be moved from the rear to the side so that happened just again as
I said this morning I just wanted you guys to have the most recent plans but it has no bearing
on why we're here. Just to run through the criteria real quick, seeking here just to do a
reconstruction this is a modest sized house, it's consistent with the character of other homes
in the neighborhood. You may recall that just a couple of years ago in June of 2020 similar
front yard setback relief was granted to the next door neighbors home for a 4.6 front yard
setback relief. That decision was based on your finding that the natural terrain and geography
along with the bends in the road really justified this. There's constraints on this lot kind of an
angled lot line, there's really nowhere to go with the house it's already angled in this way. The
house itself is a modest reconstruction, it will be a two story house but it's not any type of a
massive house. We believe it's entirely consistent with the character of the surrounding
homes. Again we unfortunately cannot accomplish this without variance relief just because of
the need to kind of stay away from the water and the constraints of the marshland behind the
property. As to substantiality we would submit that this is not a substantial variance. Actually
April 6, 2023 Regular Meeting
the magnitude of the relief that we're requesting today is less than what was previously
granted by the prior Zoning Board back in 1980. There are no perceivable environmental
impacts if the variance relief were granted. As a matter of fact the applicant is proposing to
upgrade the sanitary system and install an IA system which as we know is a benefit to the
neighboring estuary. We're not going to have to do any other land clearing to accommodate
the reconstruction and they will be adding public water. At the end of the day we don't
believe there's going to be any adverse impacts as a result of the requested relief.
CHAIRPERSON WEISMAN : You're going to need Trustees right?
MARTIN FINNEGAN : Yes
CHAIRPERSON WEISMAN : Let me just offer this now because it's going to come up with
them. I did meet with Glen Goldsmith. They're concerned about the house being proposed
closer to the wetlands now the new house than what the existing house is. Secondly, they're
concerned about the fact that probably because you have to put the IA system in. You're
going to have to build up look at the contour intervals, you're building a platform a plinth, a
mound of earth that is going to cause drainage issues spill over onto other properties,
potential runoff into the wetlands.Those are some of the concerns that they really have. Now
the pier line is now in the code okay. So they will be looking at that pier line in terms of the
setback. So just understand that their concerns are the same as ours. I mean we don't I don't
care so much about the front yard setback, the current setback is 34.3 feet and your
proposing 30.36 but that's because you're building a bigger house than what was there. So
instead of you know just moving it farther away from the water the same place you're
expanding the house this way both in the front and in the back by the wetlands. So that is
potentially an issue that is difficult. That front yard setback you refer to the prior I think ZBA
2701 that was May 5, 1980.
MARTIN FINNEGAN : Yes
CHAIRPERSON WEISMAN : The environmental standards now a,nd impacts are much more
dramatic than they were then. All the more reason to maintain setbacks from wetlands.
MARTIN FINNEGAN : Understood and I know we'll have to review that with the Trustees. I
appreciate the insight there and I'll certainly convey that to my client.
CHAIRPERSON WEISMAN : Are your clients willing to consider keeping the wetland setback
what it has been rather than reducing it? I mean your survey is good cause it shows what your
footprint of what's there and then what you're proposing.
April 6, 2023 Regular Meeting
MARTIN FINNEGAN : Obviously I would have to discuss that with them Leslie. I mean the
wetland setback is not part of this application so are we
CHAIRPERSON WEISMAN : No but it is something that we take into account when we look at
environmental impacts.
MEMBER LEHNERT : I would also say with environmental impacts with the proposed contours
how are you going to keep all the drainage on the property? You literally got it running into
the street.
CHAIRPERSON WEISMAN : Yep
MEMBER LEHNERT : The way the plan shows it it's impossible to even meet that part of the
Town Code.
CHAIRPERSON WEISMAN : We always require compliance with 275 you know with the on-site
drainage code. I mean I don't see dry well you know do we have a dry well in here?
MEMBER LEHNERT :Just the contours you're just creating a
CHAIRPERSON WEISMAN : Look you're making a hill.
MEMBER LEHNERT : A hill
MARTIN FINNEGAN : Are we talking about in relation to the construction of the IA system?
CHAIRPERSON WEISMAN : I'm assuming that's why in an otherwise fiat area in order to get
that in with so much wetlands you're going to have to you're sitting on the water.
MEMBER LEHNERT : You have water at 7 feet.
CHAIRPERSON WEISMAN : So that's why you're going way up in the air. You're creating
almost a pyramid that's going to cause drainage problems because you're trying to fit in the
IA system and the IA system has to be a certain level above ground water. So you're making
an artificial hill to put the IA system in but you're putting the house on top of it. I think maybe
having raised these issues it would be useful for you to go maybe talk to your client rather
than a yes a no a back and forth, the Trustees the this the that.
MEMBER DANTES : Should he be going to Trustees first?
MARTIN FINNEGAN :They generally won't
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April 6, 2023 Regular Meeting
CHAIRPERSON WEISMAN : They generally don't and they generally don't like to make
comments in writing which is why I talk to them so I can head this off at the pass for you so
that you're not going around in circles with this thing.
MEMBER DANTES Why don't we let them do the application in front of Trustees first and
they can figure out all the environmental issues there and then we can
CHAIRPERSON WEISMAN : Well I'm not sure that they will entertain doing it unless we make a
decision and I would rather that the applicant knowing what's coming consider amending his
application with his client in order to get this project built.
MARTIN FINNEGAN : Okay so why don't we do this, why don't we adjourn this if we could and
sorry Eric?
MEMBER DANTES : The other thing that I think we're going to need is a landscape sectional
from the street so like you have a drawing that shows what we're looking at with the hill with
the septic system and the house.
CHAIRPERSON WEISMAN : That's called a site section, from the street right through to the
wetlands.
MEMBER LEHNERT : These contours won't make it past the Building Department no way.
CHAIRPERSON WEISMAN : No they're too steep look at them.
MEMBER LENERT : It touches the property line, they're using the property line as the six foot
grade.
CHAIRPERSON WEISMAN : You would need a retaining wall a huge retaining wall right at the
street level. You know what the Yacht Club looks like now you know across from Southold Fish
Market?
MARTIN FINNEGAN : Yea
CHAIRPERSON WEISMAN : That stone wall that's there is a consequence of the fact that they
had to put in a sanitary system in their front yard and they had to raise the elevation so high
to get it in that they had to put in that big stone retaining wall which is really rather a hazard
to traffic potentially. That's going to dramatically change the character of the neighborhood
to see something way up on a hill when everything else is flat.
MARTIN FINNEGAN : Okay, so if we could adjourn it for thirty days and I will review all these
issues with my client and get back to you.
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April 6,2023 Regular Meeting
CHAIRPERSON WEISMAN : Well I don't anticipate it'll have to be a long public hearing then so
maybe we can fit it in. We have already I don't know fifteen, sixteen now?
MARTIN FINNEGAN : I could potentially submit something in writing because as to the front
yard setback which is really the only thing before you guys I think you've heard everything you
need to hear other than you know addressing these issues.
MEMBER LEHNERT : The front yard setback plays into a lot of these other issues.
CHAIRPERSON WEISMAN : Yea I think I'd rather I want to see a new design, you're going to
have to do that anyway. You're going to have to submit it to Trustees so do what you think
you know you and your client discuss it and make a decision and bring it back.
MARTIN FINNEGAN : Okay
CHAIRPERSON WEISMAN : So you want to just adjourn it to next month, two months how
long do you need?
MARTIN FINNEGAN : Well let's do the thirty days and I'll see what I can get done and we'll go
from there.
CHAIRPERSON WEISMAN : Alright and then if we don't have okay May oh May is going to be a
fun month. Anything in the audience from anyone? Anybody on Zoom? Okay motion to
adjourn to May 4thPublic Hearing for amended application. Is there a second?
MEMBER LEHNERT : Second
CHAIRPERSON WEISMAN : All in favor?
MEMBER ACAMPORA : Aye
MEMBER DANTES Aye
MEMBER LEHNERT : Aye
MEMBER PLANAMENTO : Aye
CHAIRPERSON WEISMAN : Aye
April 6,2023 Regular Meeting
HEARING#7775SE—PECONIC COMMUNITY SCHOOL
CHAIRPERSON WEISMAN : The next application before the Board is for Peconic Community
School #7775SE. Applicant requests a Special Exception under Article III Section 280-13B(3) to
establish and operate a private school for elementary and middle school age children located
at 27835 Main Rd. in Cutchogue. Hi would you state your name please.
JOHN FARRELL : Hi good afternoon Madam Chairperson and Members of the Board for the
applicant John Farrell with the firm Sahn, Ward, Braff and Koblenz. Our offices are at 1300
Veterans Memorial Highway Suite 100 Hauppauge, New York. So this application is relatively
straightforward. The subject property is irregular shaped, it's about 10.2 acres in total lot area
and zoned R40. Presently improved with three main buildings and two accessory buildings
which form the campus of Sacred Heart Church and School. While the building is still used for
religious education purposes the property has not been used for a substantial amount of
time. It's been more than a decade at this point. The carriage house, church and rectory were
built in the late eighteen hundreds probably around 1870 or 1878 somewhere in that range
and our client has put in an offer to purchase the property from the Roman Catholic Church
and convert it to full school use across the whole property. So while the main building the
school building which is located on the westerly side of the property has been a school for
some time the intent is to use the entire campus for the school purposes. As a result we need
the Special Permit from the Board since the property is zoned residential R40. There are not
going to be any changes on the exterior, there's no additional square footage being added to
any of the buildings as a result of this application. All of the renovations that would be made
would all be interior alterations to accommodate the school use. To give you,a little bit of
color, the school has approximately 106 students, 29 faculty and staff members and currently
operates in Aquebogue. We are you know there are special permit criteria obviously in the
code pursuant to 280-13B(3) that we have to comply with the total lot area occupied by all
principle buildings and accessory buildings cannot exceed 20%of the lot area we're at about 3
1/2% of that number. It has to be a non-profit organization, this entity is a 501C3 non-profit
organization. The more complicated ones are the school cannot occupy an area than less than
five acres plus one acre for each twenty five pupils for which the building is designed. So right
now the property is 10.21 acres, this clearly exceeds the minimum lot size. This lot size would
also allow for up to 130-students. Right now the building is designed for approximately 125
students and that would just be in the school building. So there's room to grow because we
only have 106 students so we are in compliance with that portion of the code. The other
criteria is that no building shall be less than 50 feet from any street line. All of the buildings
are more than 50 feet from Main Rd.The rectory building and the carriage house are less than
50 feet from Griffin St. but they are permitted and C.O'd they're pre-existing non-conforming
April 6,2023 Regular Meeting
uses. I've spoken to the Building Inspector about that and he said if this Board were to grant
the Special Permit it would those would be
CHAIRPERSON WEISMAN : We can roll those variances into this particular application. It's a
secondary front yard. To be honest I'm not sure that you need a 50 foot setback for a
secondary front yard.
JOHN FARRELL : It's the way the code is it says from any street or lot line so to be safe I would
rather have those
CHAIRPERSON WEISMAN : That's fine you'll need variances anyway it would not be 18 feet
whatever it is it's not going to be 18 feet.
JOHN FARRELL : So in terms of the operation the plan is to have busses enter on Griffin St. go
through the parking lot around the rear of the property line between those two rows of
parking spaces the one facing the rear property line and the one right below it no just above
that line yes and pull around to the bus loading area which is that cross dashed area down at
the street. The students would use the walk to enter into the school building. A lot of it would
be parent drop off as well it would operate the same way. The parking spaces for faculty and
staff would most likely going to be to use the spaces in the back there's about thirty three
spaces right there. The extra spaces along the property where the school building is would be
more or less used for guests and visitors that come to the school during the course of the day.
With that said if the Board has any questions I'd be happy to answer.
CHAIRPERSON WEISMAN : I just want to enter into the record that we have a Memorandum
of Support from the Planning Board for this application indicating that it is as a part of the use
is supported in the Comprehensive Plan okay. You certainly have adequate parking and site
circulation. You do know that your exterior lighting will have to comply with the dark skies
code.
JOHN FARRELL : That's not a problem.
CHAIRPERSON WEISMAN : Chapter 127 1 guess or Chapter 72 rather.
JOHN FARRELL : I don't envision much lighting on the site other than it's not going to be
CHAIRPERSON WEISMAN : Security, emergency
JOHN FARRELL : Maybe if there are events you know after school after hours or something.
CHAIRPERSON WEISMAN : Yea you'll need some night lighting as long as it's downward.
JOHN FARRELL : Yes of course.
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CHAIRPERSON WEISMAN : Okay let's see if the Board has any questions, Rob?
MEMBER LEHNERT : I don't have any questions, a school being used as a school.
MEMBER PLANAMENTO : I do not thank you.
PATRICIA JOY WARREN : I have a question please. I live directly next door to the school,
there's a common driveway there I just
CHAIRPERSON WEISMAN : State your name please.
PATRICIA JOY WARREN : Patricia Joy Warren.
CHAIRPERSON WEISMAN : And where are you, are you on Main Rd. or
PATRICIA JOY WARREN : Yes I'm the house
CHAIRPERSON WEISMAN : To the west.
PATRICIA JOY WARREN : Yes in fact my driveway and their we're together really close, really,
really close.
CHAIRPERSON WEISMAN : Oh you can see it right there that must be your property.
PATRICIA JOY WARREN : I'm very concerned I mean because I don't know if strangers will be
coming down there with all these school shootings lately. I want to make sure this property is
well secured with fencing around it. I don't want other cars coming through my driveway you
see how close I am. I'm very, very close to the school.
CHAIRPERSON WEISMAN : But their driveway is over on the other side
PATRICIA JOY WARREN : I know but I just want to make sure that that driveway is closed off or
gated off the other access you see it?
MEMBER DANTES : I mean it's their property why can't they use it?
PATRICIA JOY WARREN : As a driveway?
MEMBER DANTES : I mean if that's what it is.
PATRICIA JOY WARREN : Well there's a playground there right in the back.
MEMBER LEHNERT : But it's always been a
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April 6, 2023 Regular Meeting
PATRICIA JOY WARREN : It's always been there but no one ever uses it, it hasn't been used in
years and I don't want to open up Pandora's box and have a whole bunch of people coming in
the back of my house so close to my house.
CHAIRPERSON WEISMAN : Well you know all the parking is over there.
PATRICIA JOY WARREN : Yea I realize that.
CHAIRPERSON WEISMAN : So I doubt that very many people are going to be maybe they'll be
taking playground equipment in and out. Let's have them answer that.
JOHN FARRELL : I think that road is really I believe primarily going to be used as an access
road. The site plan that's up there now doesn't really give the full vision of the entire
property. The property actually extends you can see it in this map it extends much further
north. So that's what it would be used for to access that but then no plans to develop that in
the immediate future.
PATRICIA JOY WARREN : I'm not referring to development I'm referring to big trucks coming
through on that path.
JOHN FARRELL : That's not what that road is
CHAIRPERSON WEISMAN : That's just an access road to allow the property owner to get to
the rear of their property. I mean look at where they don't have any other way of getting back
there. Do you see what I mean?
PATRICIA JOY WARREN : I know I've lived there for almost thirty years.
DAVE WARREN : Hi my name is Dave Warren
PATRICIA JOY WARREN :That's my husband.
DAVE WARREN : We've lived there for thirty years so we can tell you what goes on there at
night. We had garbage put back there where they were coming in our common driveway
breaking up our part of the driveway never repairing. Even though we were promised we
dealt with the Diocese for years it's been nothing but a problem.
PATRICIA JOY WARREN : A nightmare.
CHAIRPERSON WEISMAN : You know part of it was probably they just about abandoned the
use and stopped maintaining it.
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April 6,2023 Regular Meeting
DAVE WARREN : Unfortunately the previous owner owned that (inaudible) and he just
(inaudible) free paving job made it a common driveway but the issue is are they going to
come in there in the middle of the night we're very close are we 50 from them? I don't even
know if we're 50 feet from the school if we are it's gotta be extremely close I don't know if
that's an issue too with what you're talking about 50 feet as you were earlier.
MEMBER DANTES : That would be a new structure. This is all existing structures. You're
talking about building brand new.
JOHN FARRELL : They're all existing structures. I think that part of the problem that the
neighbors were experiencing is the direct result of the fact that the church hasn't been
occupied in any meaningful way in the last twenty years.
DAVE WARREN : That's untrue, we had problems and issues it all depended on who was in the
church at what time, what they promised us, what they didn't
PATRICIA JOY WARREN :They were supposed to do repair for us.
JOHN FARRELL : I don't believe my client wants any of the activity that the neighbors are
describing. They want to provide security for their students, they don't want strange people
walking around the building.
CHAIRPERSON WEISMAN : Hold on you have to address the Board.
DAVE WARREN : Hopefully they'll do some form of security because there's constant
problems in the back with children with strangers during the summer months. They damaged
all the swings in schools.
CHAIRPERSON WEISMAN : It's helpful that you're telling them that because they gotta know
what they're getting into also.
DAVE WARREN : Exactly, now I just dealt with somebody last week and they're coming in and
I just went over to them and said you usually cross someone's property and they got all I'm
going to look at the school I said that's fine. I said this is my property here and my insurance
company tells me that anything goes on, on that common driveway I'm just as responsible as
they are. So that's my concern.
CHAIRPERSON WEISMAN : There's one way certainly there may be many it's an essential
access to the rear of the property but perhaps now you can't put it's in a side yard but part of
it is going to be in a front yard depending on where your house is located I'm thinking about a
fence basically.
April 6, 2023 Regular Meeting
JOHN FARRELL : We can definitely gate it off, we don't want to close off access but we can
put up a gate.
DAVE WARREN : What they did at the end is they put up a sign Do Not Enter and they only
wanted to use it for the fire trucks cause they can access everything by going around the back
including (inaudible) worked for Burts and I told them you don't have to go through this way
and damage that:
PATRICIA JOY WARREN : My whole driveway is all
CHAIRPERSON WEISMAN : You have a new property owner who are dealing with children
whose top priority is going to be the safety of those children and the safety of their property.
They've already said to you that they are willing to put a gate which will stop vehicles from
going back there other than those that are authorized okay and I believe that will go a long
way towards solving that problem and it will be a benefit to have security lighting on that
property.
PATRICIA JOY WARREN : They do come back here at night as of now.
CHAIRPERSON WEISMAN : Well they're going to have to figure out how to handle that, that's
going to be their job it's their property and those kids will be trespassing. Whoever goes on
there without permission is trespassing and you can then call the Police.
' DAVE WARREN : That's the way the Diocese dealt with it they just put up a little plastic orange
fence around it. It was so bad everybody playing basketball then they finally took the nets
down that was like
PATRICIA JOY WARREN : My son is a police officer and believe me I'm not some wacked out
older lady and he says you gotta watch these schools there's a lot of crime and that's what
I'm concerned about.
CHAIRPERSON WEISMAN : Alright you so noted we've taken
PATRICIA JOY WARREN : I love children, I don't want anything to happen to them.
CHAIRPERSON WEISMAN : I'm sure the property owner doesn't either.
PATRICIA JOY WARREN : Exactly well thank you very kindly for hearing me.
CHAIRPERSON WEISMAN : You're very welcome thank you for your comments. Is there
anybody on Zoom? Is there anybody else in the audience?
April 6,2023 Regular Meeting
STEPHAN ROUSSAN : Good afternoon, Stephan Roussan 415 Third St. New Suffolk. My son is a
student at Peconic Community School and has been for ten years, he's a graduating eight
grader this year. I am the Vice Chair of the Board of Trustees of the school and have been for
six years. First of all I'd like to thank the Board for its service to the community, I think it's a
pretty thankless task and I appreciate the thoughtfulness of the deliberation that you present
to the community. We really appreciate your work. I just wanted to talk for a moment about
just how special this institution is and what an incredible opportunity it is for us. We've been
looking for a permanent home for the school for quite some time and you know it seems like
the stars have aligned on this particular property and for us it feels like a once in a lifetime
opportunity. It's so well suited and you know can more than accommodate our capacity and
room for growth with the existing footprint. Beyond that I think it's also an incredible
opportunity for the future of that site to continue to be operating in the service of children
and the education of children. There is a land preservation component, there's a historical
preservation component. We have received very strong positive feedback from the
Cutchogue Library, from New Suffolk/Cutchogue Historical Society, the new Cutchogue Civic
Association and you know at a time where there's so much development happening that is
unpopular that it really feels like it's encroaching in so many ways and changing sort of the
character of the place that we love here is a significant project that does none of that and is in
fact quite the opposite. The mission of the school is if you read their charter is to create a
better world through education. Every day I can tell you from what I've seen over the last ten
years they live that mission fully. Every day the children engaged in activities and assignments
that are specifically geared around cultivating a love of place and a love of community. They
are making sandwiches and delivering to the homeless, they are stocking shelves in the food
pantry at CAST, they are down at the animal shelter socializing animals that are brought in so
that they can be rehomes, they are writing letters to Town Boards and Governmental officials
trying to get signs to indicate to motorists where there are turtles crossing the road you know
near wetlands where they've seen you know turtles being killed on a regular basis and on and
on and on. So not only is it sort of a compatible use and a use that makes sense and a use that
I think addresses some of the other concerns which is which comes from inactivity, a place
being you know uninhabited people not being there on the site to look after it but it's not just
the place and the use in real time. I think when you look at an institution like Peconic
Community School you're looking at bringing into the community great people and a pipe line
a generational pipeline of future leaders, children who will become adults who will attach to
this place who care about this place and who want to take care of it in the right way. It is sort
of a renewable resource if you will and they're just you now with how second homed focused
the Northfork is people using it as a playground but not necessarily investing in it as a
community and who care about the place and what actually happens there. I think this is a
great sort of balance counter balance to that. I know that much of this has to do with legal
April 6,2023 Regular Meeting
and technical considerations and you'll do your review and the technical realities are what
they are and you'll tell us what they are. I just hope that in the process of deliberation there'll
be room to kind of step back and take that ten thousand foot view and see that this is not
only a once in a lifetime opportunity for the school but it's maybe a once in a lifetime
.opportunity for the best possible outcome for this property and to inject a really positive
influence on the community in that location.Thank you.
CHAIRPERSON WEISMAN : Thank you, well said. So next year are we going to have up here on
the do we get more drawings for next year? I do want to just indicate for the record that the
two variances that are required from the secondary front yard, the rectory is sitting at 31.1
feet from Griffin and the carriage house is at 18 feet but they are pre-existing non-conforming
legally existing with Certificates of Occupancy so when that comes before the Board they're
more technical they're legally existing and they're historic. We're certainly not about to
suggest moving them.
MEMBER DANTES : Are you going to get a Notice of Disapproval for that?
CHAIRPERSON WEISMAN : No, no because it's a Special Exception.
MEMBER DANTES : Right so there is not variance then.
CHAIRPERSON WEISMAN : Yes there is right here and right here, cause he doesn't look at
Special Exception Permits, ZBA retains original jurisdiction and we have to send it over to the
Building Department for their comments and they have informed staff which you would have
caught and I would have caught and any Board Member would have caught, this is not
conforming to the setbacks okay for the front yard.
MEMBER LEHNERT : Can we do this concurrently like we do
CHAIRPERSON WEISMAN : Yes you roll into the Special Exception, we have many times have
done Special Exceptions of different kind that require variance relief on top of the Special
Exception and we make it all part of one decision.
MEMBER PLANAMENTO : I guess Leslie to that point, the former rectory building I believe the
school from my understanding is the school is,using that like for administrative office location.
CHAIRPERSON WEISMAN : Yea
MEMBER PLANAMENTO : I don't think anyone will be living on site in the second or third
floors?
JOHN FARRELL : No right now it is all designed as office space.
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CHAIRPERSON WEISMAN : Yea according to your plans. Currently I guess
JOHN FARRELL : Things can I mean things always change with schools but obviously to the
extent we have to make changes and they need further relief we will certainly come back. For
the immediate future we're going into acquiring the property, renovating what's there and
then seeing how the program builds on itself.
CHAIRPERSON WEISMAN : Well the proposal is that there will be no on site residences.
They're office buildings in the rectory, the church is an auditorium fundamentally and the
school is the school and it was more than creepy to walk through that school and see Mrs. So
and So's name on the door it's like who dropped a bomb everybody just walked out.
MEMBER DANTES :They're still using it
JOHN FARRELL :They use it for religious education and classes.
CHAIRPERSON WEISMAN : It made me feel like I was twelve years old again, all the little you
know
MEMBER PLANAMENTO : The tiny toilets.
MEMBER DANTES : Rightfully it still has its C.O. to use as a residence, if they want to bring
that back at a later date they still have the option right?
MEMBER LEHNERT : We're just giving a setback.
JOHN FARRELL : We don't intend to have anybody living on the property at this point.
CHAIRPERSON WEISMAN : This is a purely an administrative school property okay and that is
in fact reducing some of the use on the property that is now residential administrative and
church.
JOHN FARRELL : Yea
CHAIRPERSON WEISMAN : Although much of it has been abandoned for a long time. So tell
the priest to take his drum kit when he leaves.
MEMBER PLANAMENTO : Oh you saw that you went up there.
CHAIRPERSON WEISMAN : I went everywhere I'm telling you on held on to that railing like
I obody's business.Those are not code conforming steps.
MEMBER PLANAMENTO : There's another floor above that floor too.
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April 6, 2023 Regular Meeting
CHAIRPERSON WEISMAN :There is I went there.
MEMBER PLANAMENTO : No, no, no there's an attic.
CHAIRPERSON WEISMAN : I went there.
MEMBER PLANAMENTO : To the fourth floor.
CHAIRPERSON WEISMAN : Yes I did.
MEMBER PLANAMENTO : I didn't make it that far.
CHAIRPERSON WEISMAN :" Anyway that's it, anything else from anybody? Alright motion to
close the hearing reserve decision to a later date. Is there a second?
MEMBER LEHNERT : Second
CHAIRPERSON WEISMAN : All in favor?
MEMBER ACAMPORA : Aye
MEMBER DANTES : Aye
MEMBER LEHNERT : Aye
MEMBER PLANAMENTO : Aye
CHAIRPERSON WEISMAN : Aye. We should have a decision at the earliest and most likely
within two weeks. We'll be deliberating up ,in the Annex at 5 o'clock on a draft decision. It
gets mailed to you, you can listen,in on Zoom if you want, it's open to the public.We don't '
take any testimony we just okay.
HEARING#7780—JOHN COSENZA
CHAIRPERSON WEISMAN : The next application before the Board is for John Cosenza #7780.
This is a request for a variance from Article XXIII Section 280-116A(1) and the Building
Inspector's January 6, 2023 Notice of Disapproval based on an application for a permit to
construct an accessory in-ground swimming pool at 1) located less than the code required 100
feet from the top of the bluff located at 1700 Hyatt Rd. (adj. Long Island Sound) in Southold.
April 6, 2023 Regular Meeting
PAT MOORE : Patricia Moore on behalf of the applicant Cosenza. This property when the
house was constructed the new house was constructed many years ago now the Zoning Board
granted approval to have the house built at
CHAIRPERSON WEISMAN : I'll tell you, 81 feet bulkhead setback
PAT MOORE : No 70 feet to the top of the bluff
CHAIRPERSON WEISMAN : 70 foot bluff setback for the house.
PAT MOORE : Yes 70 for the house from the top of the bluff.The house ultimately was built at
81 so when we first when the client first came to me and we were looking at being able to
add a pool I was very careful. I looked at the previous Zoning Board hearing decision and kept
them to the very, very minimum to maintain the setbacks that the Zoning Board has
previously granted. So we ultimately came up with the design which you can see it's I guess
it's called a splash pool it's extremely small. We're maintaining the setbacks of 76 and 77 feet
from the top of the bluff. I did do an analysis I pulled up all the variances that have been
granted along Hyatt. Hyatt is as you know a U road and pretty much every parcel on this road
has been the subject of the variance application mostly for the houses that were built. There
had been variances for the pools but they are relatively older variances, they are some are
setbacks that are very close to the top of the bluff. In many cases most of the applications are
there are some that are multiple applications. Probably the most recent one that you had was
in this past year there had been a variance granted for the original house and there was a
pool in the side yard. They ultimately decided to they sold the property the new owners came
in and they wanted to redesign the house so they came in and they had to come back in with
a whole new design. So ultimately the pool was not built as part of the larger house. So I have
the list of variances, I know you want typically ask that they be part of your record.
CHAIRPERSON WEISMAN : Sure,thank you.
MEMBER PLANAMENTO When you talk about the original structure being built at an
approved 70 but built at 81 feet, the bluff setback at the time was 75 feet.
PAT MOORE : No I think the code was 100 at the time.
MEMBER PLANAMENTO : It was still 100?
PAT MOORE : Yea because they had to get a variance for 75 feet, it wouldn't have needed it at
75 if it was
MEMBER PLANAMENTO : Yea but at 70 it was approved at 70 to be built at 70.
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April 6,2023 Regular Meeting
PAT MOORE : You might be right it might be just about the time
CHAIRPERSON WEISMAN : When they changed it from 75 to 100.
PAT MOORE : Yea it was very close.
CHAIRPERSON WEISMAN : Well the bottom line is the house was built farther back. You've
already gotten Trustees approval,July 13, 2022?
PAT MOORE : Yea we had a little incident, I'll give you a little bit of background cause
sometimes you ask or it comes up after the meeting and I don't want it to become an issue.
So my client purchased the property and at the closing had gotten a copy of a permit that the
Trustees had issued to the prior owner Arthur Leudesdorf back in 2012 and he had gone to
the Trustees and asked for tree cutting to maintain the views. He didn't know the rules of this
town and unfortunately this doesn't mean squat. You still have to come when the property is
transferred you have to transfer the permit and you have to come and ask. Well he hired a
landscaper, the landscaper cut trees, that's how I got brought in, there was a violation.
Ultimately the end result of the violation was an imposition of a non-disturbance as well as a
non-turf buffer which you see here in the plans. The Trustees there were no non-disturbance
non-turf buffers part of the pervious permits. So this permit now has C&R's that clearly set
forth the non-disturbance areas as well as the non-turf area. The Trustees since we were
going through so much and such an expense on the landscape plan we presented to the
Trustees in anticipation of this pool would the Trustees have an objection to that so they said
no, anything you do landward of that retaining wall is not a problem. So we had this splash
pool included in the plan and obviously we're here because we need the variance. I'll give you
a copy of the letter that was part of the file but it's a done deal it's just sometimes you ask.
This is the history of (inaudible) but unfortunately caused the misunderstanding and ultimate
violation. Everything is resolved, we have no more violations here.
CHAIRPERSON WEISMAN : It's been determined to be LWRP consistent.
PAT MOORE : Yes that was a nice surprise.
CHAIRPERSON WEISMAN : There's obviously no other place on that property given the slopes
and it's a very tiny the size of a Jacuzzi.
PAT MOORE : The bare minimum.
CHAIRPERSON WEISMAN : The other thing that's important to note, that bluff slopes back
there's like almost a berm where the non-disturbance buffer is going it slopes back towards
the house. So there's no run off issue whatsoever.
April 6, 2023 Regular Meeting
PAT MOORE : And the house actually was built with dry wells.
CHAIRPERSON WEISMAN : Plug right into the drywell, yep. Okay Eric any questions? Pat any
questions from you?
MEMBER ACAMPORA : No questions.
CHAIRPERSON WEISMAN : Nick
MEMBER PLANAMENTO : I don't have any questions, no.
CHAIRPERSON WEISMAN : Rob
MEMBER LEHNERT : No questions.
CHAIRPERSON WEISMAN : Okay then motion 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,the motion carries.
HEARING#7751—CHARLES and KAVITA VANSANT
CHAIRPERSON WEISMAN : The next application is for Charles and Kavita Vansant #7751. This
was previously adjourned so I don't need to read that into the record again it's already in
there. Just an updated, we have discovered through your search that there's the developed
lot is merged with the lot adjacent we thought there was three lots. As it turns out we
SCOTT DESIMONE : It has no consequence on the application but that is the fact.
April 6, 2023 Regular Meeting
CHAIRPERSON WEISMAN : I'll get to that. What I'm trying to say is that at one point it was
extinguishing a middle lot, you're conveying the same amount from one lot to the other then
you'll have a larger developed lot and neither one of them is still going to be conforming to
the code but nevertheless you're looking at two lots.
SCOTT DESIMONE : It's essentially a lot line change at this point.
CHAIPERSON WEISMAN : Yes it is a lot line change that the Planning Board then will have to
bless.
SCOTT DESIMONE : I submitted a memo to the Board setting forth all of and addressing all the
statutory criteria for an area variance. I also undertook a comparative analysis which the
Board should have seen.
CHAIRPERSON WEISMAN : We have, we have a copy.
SCOTT DESIMONE : It shows that eighty eight percent of the existing lots excluding the three
owned by the subject are smaller than the two lots that are being proposed. So it is clearly in
conformance with the block and the neighborhood and if I'm not mistaken yesterday we got a
report from the Planning Department in support of granting the area variances.
CHAIRPERSON WEISMAN : Yes they had requested because they had made previous
comments to update so when we got your updated application we submitted to them and
they're in support of this variance. Could you happen to know offhand what the square
footages of the current developed lot that's merged and the square footage on the remaining
lot would you happen to know that offhand? I'm just curious, maybe I'll answer that, when
the two lots are created how big will each lot be?
SCOTT DESIMONE : Parcel A will be 22,335 feet, and Parcel B will be 23,750 sq.ft.
CHAIRPERSON WEISMAN : So we need lot area variances for the two lots and lot depth. So
let's do this again the variances required now, the lot depth for two lots let's just make sure
that that's in the record. So it will be the same well the depth isn't changing correct?
SCOTT DESIMONE : No the depth is not changing.
CHAIRPERSON WEISMAN : Okay so it's less than 175 is the minimum lot depth and let's see
we need variances for lot area and the lot depth for these two lots.
SCOTT DESIMONE :That is correct.
CHAIRPERSON WEISMAN : Alright just checking. Before you go to the Planning Board we can
still see from the existing survey what you're proposing to do, it's not drawn for that purpose
April 6, 2023 Regular Meeting
it's drawn for another purpose prior to understanding the merger we'll need so that we
stamp the correct thing an updated survey showing the one larger merged lot, the second lot
and the conveyance of land one from the other and that's what you're going to have to take
to the Planning Board anyway.
SCOTT DESIMONE : I believe we have that already I'll make sure that we have that.
CHAIRPERSON WEISMAN : Okay, if you do have would you please submit it to the office.
SCOTT DESIMONE : I'd be happy to.
CHAIRPERSON WEISMAN : That's what we can stamp then, we don't want the Building
Department coming back and saying we didn't see that one. Anything from you Rob?
MEMBER LEHNERT : I have nothing.
CHAIRPERSON WEISMAN : Nick
MEMBER PLANAMENTO : Nothing
CHAIRPERSON WEISMAN : Eric is just shaking his head, Pat?
MEMBER ACAMPORA : Nothing
CHAIRPERSON WEISMAN : There is nobody else in the audience.
MEMBER PLANAMENTO : The owner is on with us.
CHARLES VANSANT : Hi this is the owner, Charles Vansant thank you for your attention to this.
My family has had this property for ninety nine years now and thought it was time to do
something with it so I thank you and hope to get my retirement home built there soon.
CHAIRPERSON WEISMAN : Well we'll have a decision in two weeks. We deliberate at the next
meeting which is our Special Meeting. This hearing will be closed, there will be no testimony
taken we'll just have a draft in front of us that we'll be discussing and voting on. That's what
we do that the meeting. It's open to the public if you want to listen in on Zoom you're
welcome. You can attend in person also but you'll just be listening to us talk to each other and
I'll go in the next day and sign the decision that legalizes it and it'll be mailed to you. It'll be
sent to the Town Clerk for filing and you'll get a copy in the mail but you can always call the
office and just say what happened.
SCOTT DESIMONE : Thank you very much and for those celebrating Easter, Happy Easter to
everyone.
April 6,2023 Regular Meeting
CHAIRPERSON WEISMAN : Thank you. 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. Resolution for the next Regular Meeting with Public Hearings
to be held Thursday May 4, 2023 at 9:00 AM so moved.
MEMBER ACAMPORA : Second
CHAIRPERSON WEISMAN : All in favor?
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 March 16, 2023 so moved.
MEMBER LEHNERT : Second
CHAIRPERSON WEISMAN : All in favor?
MEMBER ACAMPORA : Aye
MEMBER DANTES : Aye
MEMBER LEHNERT : Aye
MEMBER PLANAMENTO : Aye
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April 6,2023 Regular Meeting
CHAIRPERSON WEISMAN : Aye. Resolution to approve a deminimus request by Martin
Finnegan on behalf of his client Robert Gabriel Appeal 3550 of 1989 located at 2295 Aldrich
Lane in Laurel SCTM#1000-125-2-1.14 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. I'm going to make a motion to close the meeting.
MEMBER DANTES : Second
CHAIRPERSON WEISMAN : All in favor?
MEMBER ACAMPORA : Aye
MEMBER DANTES : Aye
MEMBER LEHNERT : Aye
MEMBER PLANAMENTO : Aye
CHAIRPERSON WEISMAN : Aye. Alright lock it up and stop recording.
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April 6,2023 Regular Meeting
CERTIFICATION
I Elizabeth Sakarellos, certify that the foregoing transcript of tape recorded
Public Hearings was prepared using required electronic transcription
equipment and is a true and accurate record of Hearings.
Signature
Elizabeth Sakarellos
DATE :Apr! 19, 2023