Loading...
HomeMy WebLinkAboutZBA-04/06/2023 Hearing TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK: STATE OF NEW YORK --------------------------------------------------------------------------------------- TOWN OF SOUTHOLD ZONING BOARD OF APPEALS --------------------------------------------------------------------------------------- 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 1 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 7 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 l 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. 141 April 6, 2023 Regular Meeting 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 1. 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 241 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. 5 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 i 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 401 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. 421 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. 461 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. 47 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 491 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. 491 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 6 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. t 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. 64 April 6,2023 Regular Meeting 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 6 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. 661 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. 70 April 6,2023 Regular Meeting 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. 1 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. 73 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 781 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. l 791 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