Loading...
HomeMy WebLinkAboutZBA-07/06/2023 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 July 6, 2023 10:16 A.M. Board Members Present: LESLIE KANES WEISMAN - Chairperson PATRICIA ACAMPORA—Member ERIC DANTES— Member ROBERT LEHNERT— Member NICHOLAS PLANAMENTO— Member (Vice Chair) JULIE MCGIVNEY—Assistant Town Attorney BENJAMIN JOHNSON —Assistant Town Attorney KIM FUENTES—Board Assistant ELIZABETH SAKARELLOS—Senior Office Assistant DONNA WESTERMANN —Office Assistant July 6, 2023 Regular Meeting INDEX OF HEARINGS Hearing Page Veronica Gonzalez#7767 3 - 5 Nancy Burke#792SE 5 -9 Kenneth and Elizabeth McCulloch #7799 9 - 20 Patrick Carey#7794 20- 22 220 Navy St. Trust, Colin Cowley#7796 22 - 26 Matthew and Jill Perry#7798 26- 30 Katie and Jonathan Vigdorchik#7802 30- 32 1280 Corey Creek, LLC#7774 32 - 34 RQA Properties, LLC#7800 35 - 51 Constance Levy#7801 51 -53 James Burleigh Morton and Carol Degraff Morton (Morton JB Living Trust)#7803 54-55 July 6, 2023 Regular Meeting CHAIRPERSON WEISMAN : Good morning everyone and welcome to the Meeting of the Zoning Board of Appeals for July 6, 2023. Please rise and join me in the Pledge of Allegiance. Let us begin with the State Environmental Quality Reviews, Resolution declaring applications that are setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests as Type II Actions and are not subject to environmental review pursuant to State Environmental Quality Review (SEAR) 6 NYCRR Part 617.5c including the following: Veronica Gonzalez, Nancy Burke, Kenneth and Elizabeth McCulloch, Patrick Carey, 220 Navy St. Trust, Matthew and Jill Perry, Katie and Jonathan Vigdorchik, 1280 Corey Creek, RQA Properties, LLC, Constance Levy and James Burleigh Morton and Carol DeGraff Morton 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 r I I HEARING#7767—VERONICA GONZALEZ CHAIRPERSON WEISMAN : The first application before the Board is for Veronica Gonzalez #7767. This was adjourned from April 6, 2023. This is a request for a variance from Article III Section 280-15 and the Building Inspector's January 20, 2023 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool at 1) located in other than the code permitted rear yard at 285 Oyster Ponds Land in Orient. Is there someone here to represent the application? Please come to the mic and state your name please. BILAL ALTINTOPRAK : Bilal Altintoprak from Long Island Pool Care. S July 6, 2023 Regular Meeting CHAIRPERSON WEISMAN : So this is a proposed swimming pool partially in a side yard, has a 14 foot conforming setback. What would you like us to know about your application? BILAL ALTINTOPRAK : Homeowner wants to put a pool in so we put the application to the Building Department they disapproval and I have to come to the Zoning Board. CHAIRPERSON WEISMAN : Okay well usually there are standards, there are a whole series of standards that you are required to fill out in your application. We have that application but there are no reasons particularly, you need to address character of the neighborhood; environmental impacts, substantiality of the variance which in this case is one hundred percent and a number of other things. So none of that is really addressed here. We understand that at the moment the applicant is in Justice Court, there are violations for additions without a building permit on the house and there's a Stop Work Order in place. Are you aware of that? BILAL ALTINTOPRAK : No I don't know anything about it. CHAIRPERSON WEISMAN : Well let me see if is there anyone on Zoom who wants to address this application Liz? I don't see anyone. Is there anyone in the audience who wants to address the application? The Board of Appeals is going to adjourn this without a date because we do not seek when you seek approvals you should not have violations on the property. So once those violations are cured then you have every right to come back here, we probably don't even need to have another hearing we'll see at the time how long it is from now. In fairness to the public we need to make sure they have an opportunity to speak. No one is here at the moment, so we'll just adjourn it until such time as your client takes care of the violations on the property and then we can proceed with a decision. Is there a second on that adjournment? MEMBER DANTES : Should we talk about this guy while we're here? CHAIRPERSON WEISMAN : Well standards are right in the application I mean I mentioned a couple of them. MEMBER DANTES : Is there a code conforming location to place the swimming pool on the property? BILAL ALTINTOPRAK : There is no other location on the property that we can put the swimming pool. CHAIRPERSON WEISMAN : Anything from the Board at this point? July 6,2023 Regular Meeting MEMBER LEHNERT : Yeah it's not showing any drywells, pool equipment that needs to be you know in a conforming location. We need the drywell for the overflow shown and where your equipment the pumps the heaters are going. BILAL ALTINTOPRAK : I will have to check that draw it up and just submit the paperwork back to you guys. CHAIRPERSON WEISMAN : Okay well I think the thing to do is to talk to your client, talk to Ms. Gonzalez and let her know what happened here today and if she wants her pool we'll certainly entertain it but we certainly need to make sure the violations on the property are cured before we can do that. BILAL ALTINTOPRAK : Okay CHAIRPERSON WEISMAN : Motion to adjourn without a date, is there a second? MEMBER PLANAMENTO : Second CHAIRPERS WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye HEARING#77925E—NANCY BURKE CHAIRPERSON WEISMAN : The next application before the Board is for Nancy Burke #7792SE. Applicant requests a Special Exception under Article III Section 280-13B(13). The-applicant is owner of subject property requesting authorization to establish an accessory apartment in an existing accessory structure located at 625 Woods Lane in Peconic. JOAN CHAMBERS : Good morning, my name is Joan Chambers I live in Southold. Almost a year ago we were here discussing this building and I just want to cover a little bit of that. This accessory structure was issued a building permit on November 7, 2018 and that permit was July 6, 2023 Regular Meeting based on plans drafted and certified by James DeLuca. Those plans included notes on the interior finishes of the structure including radiant heat under tiled floors, board and batten wall finish, cathedral ceiling finished with painted cedar as well as trim, high quality doors and windows. All inspections for that permit were performed as required by the Town of Southold Building Inspector. When the decision was made to add a toilet and sink an application was made to Suffolk County Board of Health and a permit for a septic system was issued September 22, 2021. The addition of the powder room was added to the plans and the additional plumbing was inspected and approved by the Town of Southold Building Inspector. The conversion of the parking area to a storage area was not noted as problematic when it was duly inspected and approved by the Building Inspector on December 6, 2018. Prior to the application for the C.O. the COVID lockdown commenced. Nancy Burke is a front line medical worker and her duties were extraordinary, her family like many others gathered to support her and to take care of each other and the accessory building was temporarily used as overflow space. When the lockdown was lifted the application for the C.O. was denied and the reason given was degree of finish as well as the use as part of the structure as recreation space. The Building Department advised us to apply to the Zoning Board for a decision to permit the recreational use and therefore allow them to issue the C.O. the public hearing for that application was July 7, 2022 and the Board Members denied the application on July 26, 2023. Since that time Nancy Burke became a full time resident and Tim Burke has retired to join her so we return to the Zoning Board with a request for a Special Exception Permit for an accessory apartment in the existing accessory building. The Burke's have made plans to add a small kitchenette and an indoor shower in order to meet the criteria of an apartment and they have made a lease agreement with their adult son. There are absolutely no plans for the space to be rented to anyone outside of the immediate family or to make the space part of permanent year round living space for family members. Many of the houses on Woods Lane were built prior to 1960 and most could be described then and now as seasonal family residences. Further research shows that almost all of them have expanded the family living space by some means whether by addition or 'conversion of existing structures to habitable space. The Burke's do not intend to use their property in any way that would be significantly different than the neighboring properties meaning that the accessory structure will not be rented and wilFbe for the occasional and seasonal use by immediate family. The only other thing I'd like to address briefly is the findings from the LWRP, in reference to the findings of the LWRP dated June 22, 2023 1 have to question their decision to declare this project inconsistent because the "as built" structures and this is their quote, "the as built structures were constructed without the required approvals or permits". This structure was issued a building permit prior to any construction and all required inspections were done. So I'd like to submit this July 6, 2023 Regular Meeting CHAIRPERSON WEISMAN : Sure give it to Kim and she'll make copies for us please. Let's see if the Board has any questions Joan, we'll start with you Pat. MEMBER ACAMPORA : No.we've been down this road. CHAIRPERSON WEISMAN : Eric MEMBER DANTES : I have no questions. CHAIRPERSON WEISMAN : Any questions Nick? MEMBER PLANAMENTO : Joan I just wanted to ask a sort of one is partially a statement, the living space has like a balcony access from the unfinished attic there's a pull down stair this is for storage correct? JOAN CHAMBERS : Strictly storage that's right. MEMBER PLANAMENTO : Then the otherquestion or statement I wanted to make is relative to where you're placing the shower or the shower pan, during my site inspection the sort of trap door was open allowing access and I didn't go down to the crawl space, are you relocating that or I'm just JOAN CHAMBERS : Yeah that will have to relocated. You know there's an outdoor shower which the family would prefer to keep using but in order to meet the criteria for an accessory apartment we're going to have to add a shower and a kitchenette. It's unlikely that there's ever going to be cooking going on there. So that's the best space that we could come up with to put an interior shower in the least obtrusive. It stops us from having to sort of tear up the existing bathroom and the tile floor and the sink and the toilet just by adding that shower in behind there. CHAIRPERSON WEISMAN : Well one thing that probably will clean that whole problem up would be the door that you now have which is the entrance into the outside shower JOAN CHAMBERS : From the shower in yes CHAIRPERSON WEISMAN : that should be a solid wall. The outside shower should only be used outside.There are no provisions in the code for interior access. JOAN CHAMBERS : Okay CHAIRPERSON WEISMAN : So that needs to be a solid wall. You can put the shower where you're proposing without a problem but that should be closed up. July 6, 2023 Regular Meeting JOAN CHAMBERS : So we should not have that exterior door there that opens into that little hallway outside the bathroom. CHAIRPERSON WEISMAN : Yes l JOAN CHAMBERS : Okay CHAIRPERSON WEISMAN : I can show you on the plan if you know what JOAN CHAMBERS : I understand. CHAIRPERSON WEISMAN : It's supposed to be purely exterior. JOAN CHAMBERS : Purely exterior okay. CHAIRPERSON WEISMAN : Otherwise the Building Department is going to get you on it. MEMBER PLANAMENTO Also I just want to mention the Building Department did do a calculation of the floor area and it's less than 450 sq. ft. JOAN CHAMBERS : Good thank you we were close but we were under. MEMBER PLANAMENTO : I believe there was a copy of a lease provided for Tim. JOAN CHAMBERS : Yes CHAIRPERSON WEISMAN : Let me just enter into the record a couple of more facts. As required by the standards of the Special Exception Permit.we have in our record a voter registration card from the applicant, an oil bill, a lease to Andrew Burke for one year, driver's license, a gas bill, tax payment and so on showing full time residency. There are also three parking spaces on site also on the survey as required, two for the principle residence and one for the accessory. Anything else Board that,we need to enter into the record? Is there anyone on Zoom Liz?Anyone in the audience wishing to address the application? MEMBER PLANAMENTO : I think Leslie the only other thing is to mention there was an overwhelming amount of support for the application. CHAIRPERSON WEISMAN : Yes oh please come to the podium and state your name. SHARI NERREAU : My name is Shari Nerreau and we live at 705 Woods Lane so we are looking 1 at the water to the right, we're the most we're the closest property to the Burkes and we support their application there's no reason that we feel that it should be denied. The Burkes have been lovely neighbors, the activity there is their four sons and their daughter-in-laws July 6, 2023 Regular Meeting and we just never had any reason to think that this shouldn't be something that they should be able to do. CHAIRPERSON WEISMAN : Thank you for your comments. I will enter into the record that we have in our file nine letters of support from various neighbors on this property. Anything else from anybody? Ready to close? 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'll have a decision in two weeks at our next meeting. HEARING#7799—KENNETH and ELIZABETH MCCULLOCH CHAIRPERSON WEISMAN : The next application before the Board is for Kenneth and Elizabeth McCulloch #7799. This is a request for variances from Article III Section 280-15, Article XXIII Section 280-124 and the Building Inspector's February 17, 2023 Notice of Disapproval based on an application for a permit to demolish (as per Town Code Definition) an existing dwelling and reconstruct a single family dwelling and construct an accessory in-ground swimming pool at 1) pool located in other than,the code required rear yard, 2) construction located less than the code required minimum front yard setback of 40 feet located at 1605 Parish Drive (adj. to Southold Bay) in Southold. Good morning Rob. So this is demo per Town Code it is not a complete demolish and it's a reconstruction with a front yard setback at 35.8 feet where the code requires 40 feet on this size property. The proposed pool in a side yard where the code requires a rear yard location. LWRP consistent because the pool is further seaward than the existing dwelling and it's a salt water pool. ROB HERRMANN : That's all correct. Good morning, Rob Herrmann of En-Consultants on behalf of the applicants.Kenneth and Elizabeth McCulloch who are both here with their July 6, 2023 Regular Meeting newest family member and also Michael (inaudible) the project architect is here. As Leslie just summarized we're here before the Board this morning asking for two separate and I guess physically unrelated variances. One is for the newly propose pool in the side yard and the other is for maintaining a previously permitted but now non-conforming front yard setback. I'll go through both as quickly as I can. I would like to address the pool variance first. With respect to the character of the community we looked at North Parish Drive and the two immediate surrounding roads that are similarly developed with waterfront homes fronting Southold Bay with Kimberly Lane to the west the northwest and Harbor Lights Drive to the east. Aerial photography shows that pools are a common and customary accessory along this stretch of Southold Bayfront as thirteen at least thirteen of the twenty eight homes based on aerial photographs are just about half the homes in this surrounding area have pools seven of which are more than half of those which were constructed pursuant to variance relief case numbers which are referenced in our application. As also described in our application there are pools in the neighborhood located in a side yard specifically including one constructed on Kimberly Lane pursuant to variance relief granted by Case 3814. Interestingly there are none along North Parish Drive itself because all of the other Bayfront parcels are only 100 feet wide which makes locating a pool on the side yard an'unlikely to impossible prospect especially one that would comply with the minimum side yard setback. The applicant's parcel however because it is 155 feet wide creates a unique opportunity for a pool to be placed to the side of the house and here at a conforming 15 foot side yard setback where a minimum of 10 feet would be required. For these reasons variance relief that would allow the pool to be sited on the property could be granted without changing or adversely impacting the character of the neighborhood and also without harm to the adjacent neighbor to the west who would be the most closely impacted neighbor. They also have a pool which is actually located on the waterside of their house so closer to the bank than the house because A. as I just mentioned we have a 15 foot conforming side yard setback and as you may have seen if you visited the property or with the photographs submitted with the application there is dense evergreen vegetation that provides heavy screening along the shared property line with the westerly neighbor. For these same reasons the requested relief while the Board would typically consider it mathematically substantial because you're either in or out of the side yard is not substantial in fact and it represents the most desirable and only real practical alternative here for several reasons. Given the depth of the lot the presence of the bay, bank and wetlands to the north and the location of the existing home which while being as Leslie mentioned renovated and partially reconstructed is not moving or expanding closer to the bay or the road. So the renovations are not impacting the location of the pool at all even if no work was being done to the house the only place or the property that the pool could be physically located and not require a substantial side yard or front yard setback variance is on the west side of the property where it is proposed. Now of course the pool could be constructed July 6, 2023 Regular Meeting exactly where it's proposed in the side yard without a side yard variance by surrounding it with a raised deck or patio but that design would create the need for lot coverage relief and create a potentially more visible and substantial renovation from the perspective of the surrounding neighbors. I'll come back to the physical impacts which I'll speak about together with the larger renovation for the home but I want to address the same variance standards relative to the front yard setback variance first. We need 4.2 feet of front yard setback relief to maintain the existing 35.8 foot setback which as Leslie pointed out 40 feet is required and that's to the existing attached garage portion of the house. (stepped away from the microphone-inaudible) All the renovation and reconstruction of the existing foundation is occurring here, this portion of the structure which is located in a non-conforming setback on the front lot line remains. So the variance here is it's a little bit technical in nature and a little bit unusual for a few reasons. First as you can see on the map that 29 foot fagade of the attached garage which is about 676 sq. ft. is the only portion of the house that does not meet the front yard setback. With the exception of the addition of a faux roof on top of the garage which is designed to match the architecture of the portion of the house that's closest to the water being renovated there is no actual construction or renovations being undertaken on the attached garage. Now the reason for that is because the garage which was constructed as part of the original house that was built pursuant to a building permit in 1965 was actually renovated and expanded in the same footprint the same distance from the road without variance relief pursuant to a second building permit in 1996. Now the original permit was issued without variance because in 1965 thirty five feet was the required front yard setback. The second permit was issued without variance relief even though the setback by that time had increased to 40 feet you know what I'm going to say next because that was prior to the Walz decision at which time you could expand upward over a non-conforming setback as long as there was no additional encroachment. So basically you got a more recently renovated and expanded part of a garage that was originally built pursuant to a town permit in 1965 and expanded into its current shape and form in 1996. So that part of the house remains, that's the part of the house that is creating the need for relief. There's no demolition there's no reconstruction, no expansion of the attached garage whatsoever and all of the work all of that type of work that is occurring is occurring almost sixty feet from the lot line and you can see that's the yellow highlighted area on the site plan. That's the roughly 1,800 sq. ft. portion of the house located closer to the bay, that portion of the house is being reconstructed over the existing foundation which is to remain. There are some small additions you can see most significantly the screened porch addition on the west side of the house and because of all of that the Building Department considers the work to be a demolition as per Town Code and essentially treats the renovated dwelling as if it was a completely new house. So in effect they're treating the front yard setback as if it's new even though it's been in place for almost sixty years pursuant to two prior building permits. As described in the application, the July 6,2023 Regular Meeting adjacent home to the west has a slightly less but nearly identical front yard setback because it received a variance pursuant to Case 1309 all the way back in 1970 for a 34.8 setback when 35 feet was still required. In fact that decision references the McCulloch's home's setback and that of others along North Parish Drive as.being similar at that time. Just paraphrasing in our application we stated therefore given the relatively modest changes to the portion of the existing dwelling that is being reconstructed a front yard setback that is nearly identical to the westerly neighbors the fact that there will be no demolition or reconstruction in fact or town defined of the legally permitted attached garage that faces North Parish Drive and thus no change to the existing front yard setback we argue there is no change to the character of the neighborhood or adverse impacts to surrounding properties and neighbors caused by maintaining the existing front yard setback. Since the previously permitted garage is not being demo'ed or moved and the rest of the dwelling is being reconstructed over its existing foundation this relief is essentially unavoidable and the 4.2 feet of relief is insubstantial both mathematically and in fact representing about ten percent relief. Finally with respect to the potential physical or environmental impacts of the granting of both variances our application provides a pretty lengthy and comprehensive description of the proposed design features and mitigation measures that will ensure the project has no adverse impacts. Thus I will only briefly summarize them here, they include the removal of nearly 1,100 sq. ft. of existing deck and other structural surfaces to maintain a conforming lot coverage including a legally existing accessory deck that's located adjacent to the top of the bank and if you look on the left hand side of the screen upper left hand corner there's a pretty substantial deck that exists seaward of the proposed pool location that sits right at the top of the bank, that is being permanently removed. In connection with the dwelling renovations, we are replacing the conventional septic system with an IA sanitary system. There's a new storm water drainage system proposed consistent with the LWRP recommendations they would be maintaining the approximately 19 foot wide embankment as a vegetated buffer and then establishing an additional 5 to 10 foot wide non turf buffer in place of existing turf lawn along the top of the ' bank. The proposed pool in addition to complying with lot coverage and the minimum side yard setback from the lot line to the west would be located 62 feet from Southold Bay thus exceeding the 50 foot wetland setback, 50 feet from the bulkhead thus ensuring basically permanent compliance with that 50 foot setback. As noted in the LWRP memo it does not extend closer to the bank than the existing house and as Leslie mentioned at the outset it will use salt water filtration. So all told we feel that this is a reasonable application, as the McCulloch's can attest a lot of time went into planning the application and working with Mike McKrena to come up with a design that we felt would satisfy both the Board and also the Town Trustees. A wetlands permit for the entire project with the exception of the pool itself has already been granted. The reason for that was that the house was always slated to move first and you know if we had applied for the pool at the same time the Trustees would have July 6, 2023 Regular Meeting kicked project to the Board. So the Trustees know the pool is being proposed, they've actually permitted the patio that surrounds the rectangular void. We were very transparent with the fact that a pool would be coming and the only thing that ended up happening was when Mike submitted for the building permit last fall it got kicked back because of this kind of unexpected frankly front yard setback variance cause nobody was thinking about a front yard setback cause we weren't doing anything to the front of the house. Again we get into that demo issue and then it triggers everything as if it's new. So I'm here I can answer any questions. CHAIRPERSON WEISMAN : So Rob are you going to need an amended wetlands permit? ROB HERRMANN : Yes, right so the only approval that we would need aside from a building permit at this point would be a modification to the already issued wetlands permit to put the pool in the void next to the already approved patio. CHAIRPERSON WEISMAN : Do they do that administer ally or do you have to do a hearing? ROB HERRMANN : I'm guessing they would probably require a hearing just because typically for a swimming pool doesn't qualify under Chapter 275 as an administrative permit something we can ask them. That buffer that you see again that was one of the things mentioned in the LWRP report, that buffer has already been approved and conditioned by the Trustees so that is something that would become a covenanted feature as part of the CHAIRPERSON WEISMAN : I'm going to suggest you go and give Glen a call and see if you can get into a work session to discuss it because there may be a way to expedite this. ROB HERRMANN : Okay I appreciate that. CHAIRPERSON WEISMAN : Anything from the Board? MEMBER PLANAMENTO : No questions. MEMBER LEHNERT : No questions. ;CHAIRPERSON WEISMAN : Is there anyone in the audience who wants to address the application? Please come forward and state your name please. ALISON BOYD SAVAGE : My name is Alison Boyd Savage I'm a resident of North Parish Drive Southold. While I appreciate the great deal of care and thought that's been put into these plans I would like to address what I feel is environmental impact on a very pleasant and nature rich street in Southold. I live on that street and I observe osprey bald eagle now in those trees along North Parish Drive. I feel a swimming pool is just a little bit of a step too far. July 6, 2023 Regular Meeting There is one pool next door I know but it's in the back yard and it has been there since the eighties. I've lived on the road since 1996 and I feel that if a variance is granted there's a lot of older houses there that'll be coming up for sale soon and I feel that it will set a precedent. Another thing that confuses me is, is the house up for sale? So the people that are putting in these plans to make substantial changes to the property are not actually living there. They purchased another property I understand. So they're putting in something that someone else will then takeover. The finishes and so forth may not be sensitive to the area you know and I address things like mature trees being taken down which are you know home to wildlife which is under siege in the North Fork. I feel that replacement of mature trees obviously they can bring in fairly mature trees but it takes a while for that habitat to reestablish itself. Also I feel you know I'm seeing more and more outdoor lighting that's not dark skies compliant and I just feel the nature of the area is changing. So I would just like to make my thoughts known on the environmental impact. Thank you for hearing me speak. CHAIRPERSON WEISMAN :Thank you for your comments, anyone else? KATHRYN`STIMPSON : Good morning my name is Kathryn Stimpson, I live at 495 Northfield Lane and I would like to make two points which are very compatible with that of my neighbor Alison Boyd Savage. We have had residence in Northfield Lane since the late nineteen nineties. We are very sympathetic to keeping the environmental quality of the neighborhood very respectful the hard work that the Board puts in to establishing codes in making sure that Southold remains an environmentally conscious place for people to live happily. I'd like to make two points, one the neighbors immediately across from this property at 1700 North Parish could not be here. Margo and Mark Bridgen, I have a letter from them which I would like to read to you and I have copies of the letter for your files. With your permission I would read the letter it's not long. To Southold Town Zoning Board of Appeals, we are writing to express our opposition to the request for variances for the property owned by Kenneth and Elizabeth McCulloch at 1605 North Parish Drive in Southold.The construction of the in-ground swimming pool in the side yard was denied in February and we feel that this decision should stand. We believe that dedicated people put their time and effort into developing town codes to ensure proper use of residential land and to protect the local environment. We have concerns about the proximity of the pool to Southold Bay and about noise in the pool use. We do not feel there's a compelling need to override the town code regarding pool placement on the property. Sincerely Mark and Margo Bridgen 1700 North Parish Drive Southold, New York. Again should I give.it in to CHAIRPERSON WEISMAN : Yes give it to Kim and she'll make copies for us and we'll all get copies. July 6, 2023 Regular Meeting KATHERINE STIMPSON : Terrific, my second point and here I echo my neighbor Alison. This property is for sale the for sale sign is in front of the property. I do not know the McCulloch's and I'm sure they're wonderful people and it's a delightful baby but what is the status if the Board grants variances and permissions here? What is the status of your action on the property after it is sold? CHAIRPERSON WEISMAN : It will run with the land. KATHERINE STIMPSON : It will run with the land. CHAIRPERSON WEISMAN : Well for three years until it's codified. KATHERINE STIMPSON : Thank you for that but (inaudible) what you do will not be under the supervision of the current owners but of unknown people and we trust that they will treat the property in compliance with the instructions and requirements of you.Thank you. CHAIRPERSON WEISMAN :Thank you very much nice to see you. Rob did you want to reply? ROB HERRMANN : Sure, I just wanted to just reply quickly to the comments that were relevant to the variance that's before you. One, I did think it was important that you caught in my presentation just with respect with the comment about a fear of precedent because that's always an issue with variances. In addition to the history that we described again it's also worth pointing out that along North Parish Drive in particular this is a unique lot because of its width. So if you have these homes on hundred foot lots they all face the same challenges with respect to putting a pool you can't put a pool right on top of the bank. So it was pointed out that the neighbor's pool maybe in some way is better I don't know because it's on the waterside of the house but environmentally ironically that's actually worse. You want to keep the pool farther from the bank and farther from the bay as it's designed here and because of the width of the other lots this decision would not open up an opportunity for every owner on North Parish Drive to put a pool in the side yard. So that cause and effect is not really accurate here. Obviously it doesn't matter who owns the property. As Leslie mentioned the variance runs with the land and the Board's decision is based on the merits of the case not whether you know the owners or don't know the owners and in a way with the acknowledgment that a lot of time and thought has gone into creating a sensitive design here maybe it's better that you know what you're getting now with these owners whether they sell the property or not. They are upgrading multiple environmental elements of this property in terms of the upgraded sanitary system, the upgraded drainage system, the non-turf buffer, the vegetative buffer etc. So if the project weren't allowed to go forward none of those things would happen. You'd still have a deck right on top of the bank you'd still have an antiquated conventional septic system you would have no non-turf buffer here you'd have no storm July 6, 2023 Regular Meeting water drainage. So in a way this is an opportunity while the McCulloch's who apparently are sensitive to the environmental conditions are able to actually put in this plan and maybe that's a good thing. With respect to the location of the pool relative to the bay, again this what's before this Board the variance for a pool in aside yard it exceeds the wetland setback and the environmental issue is for the Board of Trustees along with this Board's capacity to look at physical environmental conditions but for that part of the record again it's a salt water pool and it is located exceeds the minimum wetland setback that's required by Chapter 275 by 12 feet. There was one comment relating to sound, I did forget that in my presentation. The site plan does show a 4 foot tall pool equipment and sound deadening enclosure around the pool equipment. So with respect to the sound that would come directly from the feature of the pool I know some people don't like pools because it means people are going to make noise but people can make noise whether they have a pool or not. I think that was really it. CHAIRPERSON WEISMAN : Okay thanks Rob, anyone else? Please come forward and state your name. ROB HERRMANN : Oh I did forget one thing, Mike is reminding me that there was a comment about mature trees being taken down, there's no proposal to take down any mature trees in connection with the project. KENNETH MCCULLOCH : Good morning my name is Ken McCulloch. My wife Elizabeth and I purchased the house in November of 2020. We have a young family of four children under the age of six. We were hoping that this would be our forever home and that maybe within a couple of years we could renovate it. Everything kind of spiraled and renovation like dominoes moving HVAC and doing different things turned into more project than we anticipated and it's taken a lot longer. Hopeful that we can have it done in a couple of years I think what two and half years now and still I mean even with if these approvals went through building might take another couple of years.Time is the most valuable thing to us and for that reason we did buy another house. Buying another house that we can live in and have our children in creates a financial hardship cause now we have two houses which is why the other house is for sale. Whether it remains for sale or not remains to be seen. Some of the financial hardship created has been navigated if we can get the approvals maybe we don't sell the house we keep the house and then revert back to it as the process goes on. Really we're kind of making up as we go along we just want to have our kids a good place to live. I can appreciate the concern from our neighbors a hundred percent regarding the environment and Rob would you mind just putting up that picture one more time of the lot. So we've tried to conform with every environmental concern possible and then some, always do more than what's expected. If you can see on the lower left hand corner of the diagram there's a driveway coming in there and that driveway is going to be eliminated to have a central July 6, 2023 Regular Meeting driveway and then we wanted to populate that are with all brand new mature trees which would create visual and sound barrier and also populate the property with even more trees than it has now. We're definitely environmentally conscious we want to be good neighbors but that's the process that's been going on and our thought process behind everything. CHAIRPERSON WEISMAN : Are you planning to put in additional landscaping as a visual screen. from the street for the pool in the side yard? KENNETH MCCULLOCH : Yes we wanted to create a visual screen and quite honestly we want to have as much vegetation and trees as possible. We love landscaping so we were going to do that in place of that driveway and probably have it set back I mean we'd have it next to the road and then off of a few trees behind that. Of course we're willing to conform with whatever the Board would require but�we were going to be doing that anyway. CHAIRPERSON WEISMAN : Yea cause typically when a swimming pool is something that can be observed from a public street the Board will suggest discussing at least the possibility of additional landscape screening for privacy so that it not seen from the street. KENNETH MCCULLOCH : We will be doing that. ROB HERRMANN : Leslie the reason why I made the point that ironically because the pool does exceed the minimum side yard setback one of the things that we discussed as a design alternative which I think I mentioned in the presentation is the possibility of surrounding the pool with some sort of raised deck or patio in which case it could be located exactly where it's being proposed without a side yard variance in addition to (inaudible) the potential need for lot coverage relief it then creates a potentially more visible and more significant renovation than if it's at grade level with a grade level patio. CHAIRPERSON WEISMAN : Your proposed lot coverage now is 19.7%which is conforming. ROB HERRMANN : That's correct. (away from the microphone) so again the idea with the application just in the context of general environmental'concerns is to actually try to create a project with specific regard to wetlands and other environmentally related setbacks to create a better end result than you started with and it's our position that's what we're accomplishing. CHAIRPERSON WEISMAN : Did you want to make a comment? ALISON BOYD SAVAGE : First of all I appreciate that Mr. and Mrs. McCulloch will probably (inaudible) environmental stewards of the property however they're not going to be there and I don't see anything on the plans for you know screening of trees and all that which July 6, 2023 Regular Meeting would certainly mitigate some of the effects of the side yard rule. So there doesn't seem to be any provision for plantings and native plants and that kind of thing which we're very in favor of. Also on the plans it said for each mature hardwood tree removed from the site during construction one hardwood tree would be planted on the property. So if they're not removing anything I just wanted a comment possibly from their representative onto why that was there. ROB HERRMANN : To clarify there are no mature trees being removed in connection with the proposed swimming pool that requires variance relief. Mike and I are trying to find where there are any trees,on the plan that are to be removed. This note relates to sort of a newfangled requirement of the Town Trustees where any tree that's removed from within their jurisdiction is replaced on a one to one basis. So we're starting to put this not on our plans prophylactically which may have been a mistake here cause it's creating but again so maybe I should qualify my statement. I mean if you look at the photographs there is I mean Ken can you think of anywhere on the property that we're removing any trees? MEMBER LEHNERT : It's basically a boiler plate note that goes on the plans. ROB HERRMANN : Correct but I'm just trying to figure out just to be clear for the record because I don't want anyone to think that we're trying to put something past them. There may be a tree or something that's being removed as part of the drainage by the driveway but I don't, I mean you can see the photographs (away from microphone). MEMBER DANTES :Trustees will go through all this right? ROB HERRMANN :That's correct. MEMBER PLANAMENTO : Rob if I can, one thought that maybe you can elaborate on. First, lot coverage is below 20% it's a hair below at 19.7% but it's not a lot coverage issue. Secondly and maybe I'm misinterpreting the code myself'but the pool appears to be attached to the house and ROB HERRMANN : It isn't. MEMBER PLANAMENTO : Oh it isn't I thought this was all patio. ROB HERRMAAN : It is but if it's not raised then the Building Department so that's the catch Nick, in order to attach the structure to the house MEMBER PLANAMENTO : That's what I was going to ask. ROB HERRMANN : It has to be connected with a raised deck or raised patio. Once you do that July 6, 2023 Regular Meeting MEMBER PLANAMENTO : So if the patio was raised twelve inches above grade ROB HERRMANN : Correct and then once you do that, that patio or deck surface then counts as lot coverage. So we can surround the pool with a deck ora raised patio and ask you for a lot coverage variance or we cannot do that and use a grade level patio and ask for a variance for a pool in a non-conforming side yard. So we went with what we thought everyone would perceive to be the better of those two variances given the fact that the pool meets the minimum side yard setback so there's no harm to the neighbor. So this is really, as I mentioned it's a technical issue, you suddenly lift that pool with a deck which I don't think any of the speakers would like more now there's no variance for the pool in that location but you'd need a lot coverage variance. CHAIRPERSON WEISMAN : It's also more environmental impacts with a raised deck than an at grade permeable patio. ROB HERRMANN : Correct which is how we ended up here as opposed to the other direction. i CHAIRPERSON WEISMAN : I do want to say one thing in addressing your comments ma'am, should an approval be granted it is the common practice of the Board of Appeals when as I said earlier something can be observed from a public street the condition of approval is to require plantings of substantial evergreen screening. That is very common for us. ALISON BOYD SAVAGE : Okay thank you. KENNETH MCCULLOCH : I would have put that screening already if it wasn't a driveway there in anticipation but again you do one thing you have to do another and another if you move the driveway so I'd be happy to have that in the plans standard and make it part of the approval. MEMBER DANTES : We just condition (inaudible) they'll be more specific than we will. KENNETH MCCULLOCH : Okay very good, the second thing with regards to the mature trees on the property, when we bought the property the property was kind of in a state of disrepair. I think it had been rented out for many years, there wasn't ROB HERRMANN :This is irrelevant. KENNETH MCCULLOCH : Okay regardless my point was that the trees some of the trees are not healthy but as far as having to remove any trees for doing thisproject it doesn't seem that' we would have to because we're keeping the same footprint. So there's no there will be no trees that should have to come down to do this project. If we ever are going to be removing the tree it would be because it's sick and we would replace the tree but not for this project. July 6, 2023 Regular Meeting ROB HERRMANN : We'll double check the tree,issue before we go further. CHAIRPERSON WEISMAN : I do want to in the interest of time move this along and conclude unless there is some other,compelling comments that haven't been made. Is there anybody on Zoom Liz? No hands okay anything else Board? 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 we'll have a decision in two weeks. HEARING#7794—PATRICK CAREY CHAIRPERSON WEISMAN : The next application before the Board is for Patrick Carey #7794. This is a request for a variance from Article XXIII Section 280-124 and the Building Inspector's January 20, 2023 amended March 16, 2023 Notice of Disapproval based on an application for a permit to demolish an existing garage, construct a porch addition and build a new garage at 1) more than the code permitted maximum lot coverage of 20% located at 1930 Sigsbee Rd. in Mattituck. Would you state your name for the record please. JAKE LACHAPELLE : My name is Jake LaChapelle I live in Mattituck. CHAIRPERSON WEISMAN : Let's review what you're actually requesting, this is a porch addition of a deteriorated old section, a new garage and that garage is to 16 by 20 that's a detached garage right? JAKE LACHAPELLE : That's correct. CHAIRPERSON WEISMAN : That's in the rear okay rear yard in a conforming location. The current lot coverage is at 22.7% is that correct? July 6, 2023 Regular Meeting JAKE LACHAPELLE : That is correct. CHAIRPERSON WEISMAN : Your asking for 1.2% more and at 23.9% lot coverage. JAKE LACHAPELLE : Exactly CHAIRPERSON WEISMAN : So that's basically the only variance he requires, lot coverage. You're going to put in a second story storage going to have to have exterior stairs it looks like., You realize that that must remain unheated and unconditioned storage space only? JAKE LACHAPELLE : That's understood. CHAIRPERSON WEISMAN : Unfinished, no plumbing. JAKE LACHAPELLE : There's no plumbing. CHAIRPERSON WEISMAN : We are all very familiar with homes on Sigsbee, I don't think there's a single lot that has conforming lot coverage, they're all very small. Let's see if the Board has any questions it's a 50 foot wide lot. Pat do you have any questions on this one? MEMBER ACAMPORA : I don't have any questions. CHAIRPERSON WEISMAN : Eric MEMBER DANTES : I do not. MEMBER PLANAMEN1TO : I have no questions. MEMBER LEHNERT : No questions here. JAKE LACHAPELLE : I guess we'll keep it simpler than the previous. CHAIRPERSON WEISMAN : We're catching up thank goodness for an easy one. Is there anyone in the audience who wants to talk-to the MICHAEL CARVER : Hi Michael Carver I'm the son-in-law of the owner Patrick Carey. He wished to have been here today but he's the primary caregiver of my mother-in-law who is home with Dementia. We love this property and feel like these implements will benefit the neighborhood as well. That's all thank you very much. CHAIRPERSON WEISMAN : Thank you, anything else? Nobody is on Zoom, motion to close the hearing reserve decision to a later date. Is there a second? MEMBER PLANAMENTO : Second July 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 motion carries. HEARING#7796—220 NAVY ST.TRUST, COLIN COWLEY CHAIRPERSON WEISMAN : The next application before the Board is for 220 Navy St. Trust, Colin Cowley#7796. This is a request for a variance from Article XXIII Section 280-124 and the Building Inspector's March 10, 2023 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and construct a new single family dwelling 1) located less than the code required minimum front yard setback of 35 feet located at 220 Navy St. in Orient. So this is a front yard setback at 22 feet, the code requiring 35 feet minimum. ANTHONY PORTILLO : Correct, can I just handl printed a couple of things that weren't in our application that I would like to (away from microphone). So the design architect is here Peter Marren he and I have worked together on this project for about two years. When we first took a look at the existing structure there were some things that based on the scope of work from the client that created some issues with keeping the structure. One was adding an addition and repairing the structural conditions of the home put us into a situation where it would have been a reconstruction from the Town Code. When we started to look at what that meant as a reconstruction the home is in a flood zone so then we had to get into elevating the existing structure, was the existing structure able to be elevated, putting in a new foundation so it all sort of concluded to us thinking that a new structure was the best way or the best route for the owner and for the lot. So the next thoughts were the replacement of the home due to a lot of constraints in this neighborhood. There are wells everywhere and septic systems and the sites are tight so we worked with John Condon I provided a letter from him in regards to where the septic system was best to be placed and that's again based on neighboring wells, our well and the location of this septic system was really the first reasoning of how we plotted the home. That location really is the only location based on the findings in the vicinity of the lot. The next thing we looked at was the size of the home, what we were July 6, 2023 Regular Meeting trying to get for the home owner and the things they were asking us for. We did conform to the code at that time at least we thought we did, we were going based on an average front yard and in reading the code it wasn't clear to me or Peter that the corner lot would be counted towards our average because there is a corner lot that has basically that secondary front yard. It's about 70 feet plus, I have a photo of it you guys probably saw when you were out there, it's a driveway it really looks to me like a side yard so anyway the calculation originally was based on the neighboring lot because that was the only home on Navy St. on that side within the 300 feet and that calculation we assumed that we were okay in regards to the front yard setback because we are 3 feet I believe 2.8 feet past where the neighboring home is located on the front yard. The other thing I want to mention is if you look at my site plan you'll see that there's that dotted line there, that is the footprint of the existing home. We're actually not even in front of the existing portico we're behind that and we're only proposing a stoop so as the Board knows the stoop is okay to be in non-compliance so theirs is no covered portico on our proposed plans. So for those couple of reasons you know well for those reasons that's where we got this plotting of the house. We went through the process of getting septic approval etc., well approval which you probably know takes a really long time. Once all that was done we filed with the Building Department and this is when it came to our attention that since the code is not clear that it's primary or secondary that they would be using the secondary front yard in that average setback calculation. Whether I agree or not I just I don't think it made a lot of sense in this scenario. So that's how we got here I just want to make sure the Board understood that. CHAIRPERSON WEISMAN : Yea cause the first thing I thought of was why aren't you using averaging and then I realized there's a whole lot full of bamboo next door and there is the corner lot that does have two front yards. It's more technical than anything else, your setback is actually a tiny bit greater than what the existing house is and we know that street well and there's no conforming front yard setbacks on any of them. Thank you for submitting a diagram which shows that very easily. ANTHONY PORTILLO : That was my next comment, if you look at the diagram presented it's pretty clear that we're in conformance with the neighborhood in regards to front yard setbacks. CHAIRPERSON WEISMAN : Do you know whether HPC approval is required in this case? I mean it's a new dwelling it's not listed it won't be under it's not a historic dwelling. How would that work with a historic district,they probably don't have jurisdiction then. ANTHONY PORTILLO : That's correct, we are not required to get July 6, 2023 Regular Meeting CHAIRPERSON WEISMAN : We do have one letter from a neighbor who informed us that that property was originally the Prince Terry home some time ago built in 1904 1 guess and that that woman was the first lady lighthouse keeper for out here so there is some I guess some significance historically about that but I don't think that it ANTHONY PORTILLO : There's two unfortunate facts about the existing, one is the structure you walk into the house the floor is basically waves. You would have to remove most of that structure and maybe you would be keeping perimeter walls. To add an addition and to do that you know it's going to become a reconstruction. They actually went to the Building Department two years ago and presented what we were thinking and Amanda told us this would be considered a reconstruction so CHAIRPERSON WEISMAN : It's a demolition anyway what they're asking it's not an objection to the demolition it's simply a request to see if there isn't any way to save parts of the home salvageable for use but if it's in such a deteriorated condition it may simply not be possible but I just wanted you to be aware of the letter we got. ANTHONY PORTILLO : I guess my only last statement just to put it on the record is we are presenting an IA system which we have been approved for by the Health Department and as you can see we are providing dry wells for on-site collection. I think Peter has a letter from the owner that he's going to read. PETER MARREN : Peter Marren Architect, one comment about the significance of the house it's obviously not on the register it's not part of the thing but in the new project we really endeavored to kind of put back more or less what was there. This is not some sort of extreme version in any case the owner asked me to say a few words on her behalf. I wanted to introduce her a little bit on a personal level, so she will along with her adult son be using the property. She is retired reading specialist and consultant I guess I can say she's not a Wall Street broker she's a modest person and she's really decided it's time to spend a little more time out of the city and she's never owned a house before but she developed a kind of affinity for Orient like many people do by renting for a couple of years. She's drawn to the beauty of it and all the reasons the water access the folks that hang out at the General Store the whole business. So my feeling is ensured she's king of a good fit for the community very much environmentally conscious, she's appreciative of the sort of aesthetics of the village. She really looks forward I mean we've been through not only an application at the Health Department but a lengthy Board of review variance process and a covenant process that maintain water purification. So she's looking forward to finally move ahead and settling in and my sense is having to gotten to know her and also as a resident of Orient I think she's going to be a good neighbor and a good steward of the property. July 6, 2023 Regular Meeting CHAIRPERSON WEISMAN : Thank you for your comments. I will say that it's definitely a certainty that the proposed design of the new dwelling is very contextual it is not something that's going to stick out and make a statement. Anything from the Board? MEMBER PLANAMENTO : Yea I have a question sort of for Anthony and I just read the letter from Mr. Condon, I noted that the property the majority of the house is in the AE6 zone and your first floor elevation I believe you said was like 8.8 o 8.21 don't have it in front of me. ANTHONY PORTILLO : I don't know if I put it on the record but I'll check that. MEMBER PLANAMENTO : It's not necessary for my point here, the question would be if the three sheds are coming down in the back of the property why wouldn't he just flip the house to make it conform within the X zone I don't think it would disrupt the placement of the septic and you probably reduce or actually increase the front yard setback? ANTHONY PORTILLO : So are you saying nearer the home MEMBER PLANAMENTO : Just flip the house the other way it would then follow the contour of the X zone. ANTHONY PORTILLO : I mean the only thing I could think of good question but)the only thing I could think of would be the well location that we're presenting would be too close to the home the corner of the home there. We need to be at 10 foot from the well. You see that well location not that well the actual well the water well go down the existing well. MEMBER PLANAMENTO : It seems to me the house would have to be set further away from the road anyway follow the X zone but I was just wondering why that wasn't a consideration and perhaps the well is the answer. It's 10 feet I still think that you'd still be able to achieve that. MEMBER DANTES : It's not just that well (inaudible) existing well from the surrounding next door to the property. MEMBER PLANAMENTO : Yea but the septic wouldn't move. ANTHONY PORTILLO : The well though I think would have to come closer to the road. I can actually show you this diagram that represents (inaudible away from the mic). CHAIRPERSON WEISMAN : There's so many constraints stuff underground. PETER MARREN : One of our motivations was to one of the design motivations was to put things back as they were more or less. The notion was to put the house essentially back where it currently has existed for eighty years or so and keep that sort of rhythm of the street July 6, 2023 Regular Meeting and not kind of create a whole new you know not really disruption but a whole new attitude. The house is virtually where it is today. CHAIRPERSON WEISMAN : Thank you, anything from anyone else in the audience? ANTHONY PORTILLO : Just one note to Nick's point, I think it's better to keep the well in the location that it's existing in when you're filing with the Health Department. When we start to move things it becomes a very difficult process. Again going back two years when plotting the home it think that's the reason we said well let's keep the well where it is and it just sort of worked itself out with how the design was set up. CHAIRPERSON WEISMAN : Okay, anything else? Motion to close the hearing reserve decision to a later date. MEMBER LEHNERT : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye HEARING#7798— MATTHEW and JILL PERRY CHAIRPERSON WEISMAN : The next application before the Board is for Matthew and Jill Perry #7798. This is a request for variances from Article III Section 280-15, Article XXIII Section 280- 124 and the Building Inspector's January 18, 2023 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool at 1) located in other than the code required rear yard, 2) more than the code permitted maximum lot coverage of 20% located at 3200 Camp Mineola Rd in Mattituck. JR DICIOCCIO : Good morning, I'm JR DiCioccio I'm'with the Law Firm of Greenberg (inaudible) in Bridgehampton here representing Matthew and Jill Perry who are with me in the audience. I do have a submission for the Board. July 6, 2023 Regular Meeting CHAIRPERSON WEISMAN : Sure please bring that forward, thank you. So this is a swimming pool in a side yard it's a 16 by 32 foot. JR DICIOCCIO : That's correct yes. CHAIRPERSON WEISMAN : The code requires a rear yard location which is not very easily achieved with a home that has presumably three front yards. JR DICIOCCIO : Exactly it's a very unique property. As you can see from the survey it's bordered to the west by Faye Court which is an unpaved right of way. To the north is Allen Drive which also an unpaved right of way and then the only actual street frontage is Camp Mineola Rd. So as you pointed out it does have it's burdened by three road frontages and really this is the only location on the property where the pool can be situated. On the southwest corner is the septic system so it can't go there. Although it's technically on the side yard for all intense and purposes it's actually in the it would appear to be in the rear yard when driving by on Camp Mineola Rd. and will be completely mostly completely screened by the existing garage. CHAIRPERSON WEISMAN : And by a very tall hedgerow. JR DICIOCCIO : Yes and by existing landscape. If you can see on the aerial the two home directly across the street on Camp Mineola Rd. they both have pools and they appear to be in pretty similar locations to the pool that's proposed here today. Those addresses are 3245 and 3285 Camp Mineola Rd. CHAIRPERSON WEISMAN : There's probably nothing that's been built in that neighborhood without a variance. JR DICIOCCIO : It was definitely they're all substandard lots and it looks like they were all built before design code (inaudible). There was actually on the I guess it would be the one, two, three, four houses to the south there was a previous approval of this Board and that was application #5139 and that was to allow the same relief that is being sought here today to allow a pool in the side yard. Again this really the only location for the pool due to the size of the lot and the location of the cesspools in the southwest corner. Given the other pools in the neighborhood and the fact that the pool fronts on the two unpaved right of ways the request in our opinion is not substantial and the difficulty is not self-created. It's really based upon the configuration of the lot and the location of the cesspools. As far as the lot occupancy currently existing at the property is 24.3% and that was granted in a previous approval of this Board I believe it's application #6176. So the request here this morning is really just an increase of .9% and as part of the application the Perry's are proposing to remove a substantial portion of the existing deck as well as the outdoor shower to the west of the property. I've also in that July 6, 2023 Regular Meeting submission I've included previous approvals of this Board in the neighborhood for lot coverages. We have 4135 Camp Mineola Rd. the Board,granted lot coverage for 30.7%, we have 300 Faye Ct. the Board granted lot coverage of 25%, 100 Faye Ct. the Board granted lot coverage of 30% and 55 Faye Ct. the Board granted a 38% lot coverage and all those decisions have been included. MEMBER DANTES : What are the dates of those decisions? JR DICIOCCIO : They're in the submission but I can get you. MEMBER LEHNERT : They're all here. i CHAIRPERSON WEISMAN : Some of them are older but some of them are not that old I mean it's any improvements to the original cottages that were there really have to undergo variance relief. JR DICIOCCIO : Given the developmental pattern of the neighborhood 'seeing that's it's only a .9% increase over what is existing today. CHAIRPERSON WEISMAN : Very close to de minimus JR DICIOCCIO : In our opinion it's pretty de minimus relief. I'd be happy to answer any questions. CHAIRPERSON WEISMAN : I don't even know why it's called Allen Rd. I mean it's a footpath, there's no access to it. JR DICIOCCIO : It's a very unique property. CHAIRPERSON WEISMAN : Well the thing it's the Building Department's call but the bottom line is if you don't have vehicular access to a right of way it's not considered a front yard for you. In this case they said it was. JR DICIOCCIO : In this case they said it was yes and that's why we're here and not in the swimming pool right now. CHAIRPERSON WEISMAN : Any questions from anybody on the Board? MEMBER PLANAMENTO : Where do you propose dry well and pool mechanicals? JR DICIOCCIO : That's a good question, the pool mechanicals I believe we are they're going to be in a conforming setback, they're going to have conforming setbacks I'm just not sure if it's going to require it's going to be in the same yard that the pool is located in. We're hoping to July 6, 2023 Regular Meeting locate the pool equipment on the north side of the property of the garage not the pool with conforming setbacks. CHAIRPERSON WEISMAN : Okay MEMBER PLANAMENTO : And the dry well? JR DICIOCCIO : The dry well we do not yea it's going to be on the southwest side of the property. CHAIRPERSON WEISMAN : Anything else Board? MEMBER LEHNERT : No CHAIRPERSON WEISMAN : Anyone else? Motion to close the hearing reserve decision to a later date. MEMBER PLANAMENTO : Should we close subject to submission of CHAIRPERSON WEISMAN : They're going to have to do it I mean do you want to just get we could just ask you to simply locate on the survey it won't necessarily delay anything but we would like to know where the pool dry well and the equipment. Typically we do have that on a survey that we finally stamp so if you can just go ahead and put that information on there and submit it as soon as possible. We'll go ahead and start writing the decision anyway hopefully you can get that done pretty quickly cause it's very simple. MEMBER LEHNERT : Can't we just condition it and then if it's a conforming location that r would be okay to sign off? CHAIRPERSON WEISMAN : We could cause sometimes it does take surveyors quite a while to you know get that information. JR DICIOCCIO : We'll check with the surveyor, we'll try to get it done as quickly as possible and we can call the Board tomorrow and let you know how long we expect. CHAIRPERSON WEISMAN : Okay cause we will be voting on draft decisions at our next meeting which is at 5 o'clock in the Annex.building. JR DICIOCCIO : Today? CHAIRPERSON WEISMAN No, no, no not today in two weeks. We like to take our time writing them carefully and with substantial information in them so it takes a little while. So we'll vote our next meeting so if you can get it by then it will be great but if not I think Rob's July 6, 2023 Regular Meeting' right we don't really need to delay it, we can require it as a condition of approval and then you won't be able to get the building permit until you get the survey. Anything from anybody else? Motion to close the hearing reserve decision to a later date. 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#7802—KATIE and JONATHAN VIGDORCHIK CHAIRPERSON WEISMAN : The next application before the Board is for Katie and Jonathan Vigdorchik #7802. This is a request for variances from Article III Section 280-15, Article XXII Section 280-116A(1) and the Building Inspector's February 23, 2023 amended March 27, 2023 Notice of Disapproval based on an application for a permit to construct an accessory swimming pool 1) located in other than the code permitted rear yard, 2) located less than the code required 100 feet from the top of the bluff located at 17975 Soundview Ave. in Southold. JEN DELVAGLIO : Jennifer DelVaglio from East End Pool King as the agent and representative for the Vigdorchiks. I just want to give a little brief story on this, we did go to the Trustees previously and the intent was originally to put the pool more on the I guess north side of the property and then we ended up pulling it back there was a lot of contouring to be done and it was less favorable in their opinion so we did put it back to get into the side yard. If you can just take a look we are behind the original dwelling of the house that line and we are 96 feet from the bluff and 101 feet depending on if you're looking at the right or the left of the pool so we're just there. I want to make note that I'm sure you've all went to the property but there is a very large retaining wall there so we feel even moving it back a little bit we're not going to be encroaching on any sensitive area that has to do with the bluff or it has to do with Er July 6, 2023 Regular Meeting any sort of runoff that would come from the construction of the pool because we do have that heavy original existing retaining wall. CHAIRPERSON WEISMAN : Yea we did inspect the property it's really quite an interesting property a pretty dramatic slope it's like a two leveled property almost a brick parapet wall buffer so there's certainly not going to be any runoff from the pool. JEN DELVAGLIO : We're here to answer any questions that you may have just to make the process a little bit easier it's been a long time in the making. CHAIRPERSON WEISMAN : I don't have any questions, Rob how about you? MEMBER LEHNERT : I have no questions. CHAIRPERSON WEISMAN : Nick MEMBER PLANAMENTO : No questions. CHAIRPERSON WEISMAN : Pat, Eric? MEMBER DANTES : No it seems benign. CHAIRPERSON WEISMAN : It's the best location and it's mostly conforming it's not the side yard but the setback is and it's the only place to put it. MEMBER LEHNERT : It's such a minor part of the pool that actually doesn't conform to the 100 feet. MEMBER DANTES : Yea if you move it back then you're stuck against the garage. CHAIRPERSON WEISMAN : Well it's the side yard location that is the greater variance for us but without a doubt the most environmentally reasonable place, it's the only location it's a large side yard. The side yard setback is conforming so I don't see a problem. Does the applicant want to say anything? JONATHAN VIGDORCHIK : Good morning everyone we just want to say thank you for considering our application. We're a young family with two kids we feel this is the best for the safety of the children as well to be monitored from the house, we appreciate you looking at the plans thank you. CHAIRPERSON WEISMAN : You're very welcome. Anything else Board? Motion to close the hearing reserve decision to a later date. Is there a second? MEMBER PLANAMENTO : Second July 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 motion carries. HEARING#7774— 1280 COREY CREEK, LLC CHAIRPERSON WEISMAN : The next application before the Board is for 1280 Cory Creek, LLC #7774. This was adjourned so I don't know that I need to read the Notice of Disapproval although it's an amended Notice so maybe I better do that. This was adjourned from May 4, 2023. 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 Lane (adj. to Corey Creek) in Southold. So we're now looking at a front yard setback of 36.88 feet, previously it was 30.36 feet. MARTIN FINNEGAN : Correct CHAIRPERSON WEISMAN : Now you are behind the Trustees pier line with that setback is now in the code which is a general practice. You have drainage with dry wells or French drains across the driveway. I had a question, how high off the street grade is the retaining wall to accommodate the IA system? MEMBER LEHNERT : TV top of wall. MARTIN FINNEGAN : It's at 7' 6" and MEMBER DANTES :That's elevation. MARTIN FINNEGAN : It's kind of going like this so the reveal ranges from 0 to 7 % inches and increases in height to an average exposed face of 18 inches for the 50 feet length that it is. July 6; 2023 Regular Meeting CHAIRPERSON WEISMAN : So it's an 18 inch exposed retaining wall. MEMBER LEHNERT :The street is at elevation 5.15 CHAIRPERSON WEISMAN : Okay that's certainly not bad at all. How high above the foundation is the actual habitable space, how high off the existing garage? MARTIN FINNEGAN : The first floor elevation is at 11 and the top of the foundation wall is elevation around 10 so you're going to have the first floor substructure, subflooring finished floor material end up about twelve to fifteen inches higher than the foundation wall or 11 it's at 11 and that's shown on the plans. Just to recap cause Leslie kind of stole my thunder there, let me cut to the chase. Yes we've submitted revised plans, the site plan has been updated, there is a revised Notice of Disapproval June 22"d to address the 36.88 setback which is of course 3.2 relief. The existing front yard setback is 34.3 feet so you know we would submit that this is back for a deminimus relief cause we're actually taking the house back further. Clearly the house have bene pivoted to address the pier line concerns and all of the concerns that were raised by the Board with respect to drainage and the installation of the IA system dealing with and retaining wall height all that have been addressed in the revised plans. I did submit a revised memo and re-revised memo cause I guess the day I did that my math skills had evaporated so it is really at this point I think we're looking for relief that is two and half feet less than the existing setback. So it's a fairly straightforward front yard variance to allow this to happen. We did the that sort of elevation site section thing just to confirm that this is not going to be some monstrosity towering over neighboring properties. That's right in with what's currently there on Corey Creek Lane. CHAIRPERSON WEISMAN : Well in summary I guess this is about as good as it can possibly get given the circumstances. You still have to go then once we're done here you have to go back to Trustees now? MARTIN FINNEGAN : Yes, they won't talk to us anymore until you guys say it's okay. CHAIRPERSON WEISMAN : Let's see if anybody has any questions, we're pretty familiar with both the property and this process. Nick anything from you? MEMBER PLANAMENTO : I have no questions. CHAIRPERSON WEISMAN : Rob MEMBER LEHNERT : I have nothing. CHAIRPERSON WEISMAN : Eric July 6, 2023 Regular Meeting MEMBER DANTES : No CHAIRPERSON WEISMAN : Pat MEMBER ACAMPORA : Nothing CHAIRPERSON WEISMAN : Okay nobody is on Zoom, motion to close the hearing reserve decision to a later date. MEMBER PLANAMENTO : 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. Motion to recess for lunch. MEMBER PLANAMENTO : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye CHAIRPERSON WEISMAN : Motion to reconvene. MEMBER ACAMPORA : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye July 6, 2023 Regular Meeting MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye HEARING#7800—RQA PROPERTIES, LLC CHAIRPERSON WEISMAN : The first application this afternoon is for RQA Properties, LLC #7800. This is a request for variances from Article XXIII Section 280-123A and the Building Inspector's March 15, 2023 Notice of Disapproval based on an application for a permit to legalize several "as built" additions and accessory structures at an existing auto body repair business 1) a non-conforming building containing a non-conforming use shall not be enlarged or structurally altered or moved unless the use of such building is changed to a conforming use, 2) "as built" improvements results in increase in floor area greater than prior alternative relief that was previously granted in ZBA File No. 5759 dated December 27, 2005 located at 29950 Main Rd. in Cutchogue. MIKE KIMACK : Good afternoon everybody, Michael Kimack on behalf of the applicant and the applicant is in the audience. CHAIRPERSON WEISMAN : Briefly it looks as though the rear addition on the primary building is 65% larger than the alternative relief that the ZBA previously approved and the tent structure condition of approval was the removal of a tent structure on slab which has not been removed but has been converted to conditioned space being used I guess now as a paint shop. MIKE KIMACK : That's fairly accurate. This all began back in 1957 basically. That was when the property was occupied by a public garage and service gas station. It had been operated from 1957 under a B1 zone a general business zone and it had operated essentially as a garage repair shop, there had been some sales of cars within that particular period of time. Up until 1985 1 believe is when RQA had basically began to lease the property and it was still general business at that particular time. In 1989 the zoning was changed on that one abruptly to an R40 and that has really created the issues for my client ever since. He's running a business, he had always run a business, he has operated that business as a repair shop since 1985 pretty much for thirty eight years as it stands on the property. I'm aware of what prior decisions have been made on that particular property but the reason we're here is and one of the July 6,2023 Regular Meeting reasons the argument would be made is of necessity. We're running my client is running a business and has been running it for thirty eight years. It's in a residential zone and there's about an acre, he is sensitive to the fact that it's in a residential zone. If you've looked at the property and you passed it many, many time you see that it's completely surrounded by fencing and vegetation that it's pretty much blocked from the neighbors and from the street. He operates a complete repair shop and the reason for the necessity for the buildings is that he keeps everything enclosed in order to keep his operation noise down to pretty much minimum so it doesn't pass beyond the borders.The site alone makes this mandatory in order to keep within the reason for an R40 zone is that they are going to be (inaudible) to the neighbors but also to keep quiet for the neighbors themselves. That painting shop the tent which is on a concrete slab was originally supposed to go on one of the buildings that were turned down he needs as part of the operation a painting facility that has to meet the codes of the state of (inaudible) for the spraying. Everything that's there on the site is contributory to his operating a successful business as he has done on that site for thirty eight years. The decision prior had been made adverse to the situation the necessity is that these particular structures were put up and maintained in order to keep the viability of his business going. It's difficult when you're trying to work with the label of an R40 zoning you're trying to run a business within there, even when it started as a business'for thirty two years before the zone was changed. If you've on the site and looked around I think you probably have noticed how neat everything is. On the weekends he brings all the cars in, nothing is left outside so you really don't know it's not as if you see anything other than just regular activity during the week. Those existing buildings are essential part of his business and that's why he's able to at least sustain the business and has been able to sustain it. This is not about looking at it from an R40, I ask you not to look at it as an R40 zone but to look at.it as what he's asking for to run his business. On that site is the requirement of the types of buildings that he needs his space required in order to keep it going as he has been doing for thirty eight years and a good neighbor at it. I'd like Rich to come up and kind of give you his version of what I just gave. RICHARD BOZNYAK : Rich Boznyak owner of RQA Companies and Rich's Quality Auto Repairs. I've been in business for thirty eight years there. I know that I'm in a residential area and I respect that more so than a lot of people would. My business closes at five every day, I don't work late hours, we don't work Saturday and Sundays. The property is totally enclosed and fenced and landscaped so I'm not visible to any of the neighbors, I've never gotten a complaint in thirty eight years from any of my neighbors. I don't park any wrecks out front. When I moved into that piece of property thirty eight years ago it was an old gas station, somebody was doing sheet metal work in there. I replaced eighty nine panes of glass in the building facing the Main Rd. I'm very fussy, I'm very particular and you can see by the way I keep the business. The structures that I have up need to be up because also of the respect to July 6,2023 Regular Meeting my neighbors. We're not making noise, we're not banging fenders, I run a clean operation. There's never been a home there, it's never been an R40 operation there it's always since day one it was a gas station when I started. It's always been a business piece of property and you know that's why I'm asking for what I'm asking. I have put up the structures, the one structure that I'm asking to get the C.O. on especially because I wasn't going through it again. I did this with the Town, they turned me down, I spend last time thirty five thousand dollars just to get my variance to do what I had to do and I was not financially prepared to do that again. I did what I did and I figured I'd deal with it at the end. Someday I'd like to sell my business to my employees and keep this going and hopefully they wouldn't have to deal with all the proper stuff that's why I'd like to put everything in order now. That's basically it. CHAIRPERSON WEISMAN : May I ask you a question please, so when you were given this variance to enlarge your building why did you basically build a much bigger building and not attach it really it's a separate building there's a tiny little connecting piece but it's not an addition. RICHARD BOZNYAK : That's what the town let me do. It's exactly what they told me I can do. CHAIRPERSON WEISMAN : At that size? RICHARD BOZNYAK : Not the addition but that building at that size is what they told me to do. CHAIRPERSON WEISMAN : And the building you were told well it was tent structure you were told to remove, when you decided you needed to use it why didn't you come back and ask for a legalization of that use? RICHARD BOZNYAK : Money is tight, everything I went through this and as I said the first time it cost me thirty five thousand dollars so I actually had to threaten the town okay and tell them I'm done, I'm selling the business I'm out I'm not doing this again I'm finished. Within two weeks I was told to put up my building. CHAIRPERSON WEISMAN : You were told what? RICHARD BOZNYAK : I was told to put up my building. CHAIRPERSON WEISMAN : You were told to put up the so called addition. RICHARD BOZNYAK : Not the addition the original building. CHAIRPERSON WEISMAN : The original building faced Main Rd. did it not? RICHARD BOZNYAK : Yes July 6,2023 Regular Meeting CHAIRPERSON WEISMAN : So behind it also facing RICHARD BOZNYAK : I got a variance to put up another building. CHAIRPERSON WEISMAN : Correct you did, you built it at sixty five percent bigger than the variance that you received. RICHARD BOZNYAK : No I added an addition to it and that's when it became bigger. I build exactly what they told me to build. CHAIRPERSON WEISMAN : The Building Department gave you a building permit to build the building bigger than what the Zoning Board allowed? RICHARD BOZNYAK : I never really looked at the permit, I was told to put up the building. CHAIRPERSON WEISMAN : Yea because you were allowed to put up a building but not that size. RICHARD BOZNYAK : The building was already purchased. I had CHAIRPERSON WEISMAN : I'm talking about the thing in the back. RICHARD BOZNYAK : The addition I never got a permit for,the addition I just put up. MEMBER PLANAMENTO : So am I correct in understanding you came to the Zoning Board of Appeals got granted certain relief and then you never went back to the Building Department for a building permit you just built the building. RICHARD BOZNYAK : For the addition. MEMBER PLANAMENTO : For the addition, the separate building connected by the vestibule for a,lack of better description. RICHARD BOZNYAK : No they're attached it's an addition. MEMBER PLANAMENTO : There's a corrugated plastic connection, is that the building we're talking about? RICHARD BOZNYAK : There's a little plastic connecting the two buildings that's what the town approved when they gave me my variance. MEMBER PLANAMENTO : But you made a statement that I was clarifying the Chairperson I think maybe was misunderstanding, the building that was built you're calling it existing July 6, 2023 Regular Meeting r building two, auto repair four bay that's the building that you built. Did you build it with a building permit? RICHARD BOZNYAK : No MEMBER PLANAMENTO : You built it without a building permit? RICHARD BOZNYAK : Right r MEMBER PLANAMENTO : That's what I was clarifying. RICHARD BOZNYAK : The addition correct. MEMBER PLANAMENTO : So it seems like he came to the Zoning Board but never went back to the Building Department. CHAIRPERSON WEISMAN What about the and why did you not remove it at the time the variance was granted to you? The condition of approval was to remove this tent structure on slab and RICHARD BOZNYAK : I didn't remove it, I felt that you know it's a removable tent and I needed to do my detail work. CHAIRPERSON WEISMAN : Again it might have been possible to do that had you asked for an approval or a change from the original condition. RICHARD BOZNYAK : Money is tight, I got a family put three kids through college and I already spent thirty five thousand the first time, thirty five thousand not thirty five hundred that's a lot of money. MEMBER DANTES : I have a question, why did they change the zoning? Did they ever contact you or MEMBER PLANAMENTO He was his tenant so he probably wouldn't have been noticed anyway. CHAIRPERSON WEISMAN : Had you gotten a building permit they would have told you that you couldn't build it that big based upon the ZBA's decision. They would not have allowed you to build anything they hadn't been aware until you had removed that tent structure. If you needed a painting facility you could have come back and said I need to build a building or I need to use this, I need to convert it. The difficulty is now things are in place, they're not in place with legal approvals and permits as required by law and why are you back before us now?You've been operating this way for a long time. July 6, 2023 Regular Meeting RICHARD BOZNYAK : Because some day I would like to sell my business to my employees and I would like to have a C.O. on that building. CHAIRPERSON WEISMAN : Alright so you want to legalize what you've been RICHARD BOZNYAK : I want to legalize what I have there. MEMBER DANTES : Why did the Zoning Board grant you the size that they did? Did they explain why or RICHARD BOZNYAK : They calculated the size of the property and everything. CHAIRPERSON WEISMAN : Probably lot coverage maybe. MEMBER DANTES : Lot coverage now is only 18% (inaudible) RICHARD BOZNYAK : It was also a variance because it's under a residential zoning. MEMBER DANTES : Right I get that. CHAIRPERSON WEISMAN : Well the Planning Board of course gave you site plan approval and that approval did not include all the buildings you have on the property. MEMBER LEHNERT : Does this have to go back to site plan? CHAIRPERSON WEISMAN : It probably will have to go before the Planning Board. RICHARD BOZNYAK : The tent has been up for twenty five years. It was up even before I put the first building that I got a variance for. MEMBER PLANAMENTO : Right but that determination also said that the tent needs to be removed. RICHARD BOZNYAK : Right MEMBER PLANAMENTO : For me I had asked the staff to pull up the site plan or some documents to substantiate what was here in 2005 and while we looked at certain things we couldn't find anything stamped or approved. I think you've answered one of my major questions is why can't we judge what was there in 2005 as approved versus what's here today and I think the process stopped for you based on what you said in 2005. You trying to pick up the ball today and now sort of you're seeking permission for a lot more than what was granted in 2005. ROBERT BOZNYAK : Would it be different if it was an R40? July 6, 2023 Regular Meeting CHAIRPERSON WEISMAN : Okay any questions from the Board? MEMBER PLANAMENTO : Rich are you able to remove any of the smaller structures or the tent structure? I'm looking at the survey that's dated, what document should we really be looking at to show it's there Mark Schwartz's design or the survey? MIKE KIMACK : The survey has everything on it. You can look at Mark's RQA Properties "as built" structures that has everything on it. MEMBER PLANAMENTO : So looking at Mark's what buildings would you be willing to remove? RICHARED BOZNYAK : Everything in the left hand corner we can remove. I can remove the trailers I can move that little tent, sheds. MEMBER PLANAMENTO : So this is on the I guess the southwest corner, four buildings you said those can be removed? MIKE KIMACK : That is correct the southwest corner. MEMBER PLANAMENTO : And that's the metal shed, the wood shed, the tent on slab labeled one and the 8 by 25 portable metal shipping container. RICHARD BOZNYAK : Sure MEMBER PLANAMENTO : The tent on concrete slab which has been there, you're using that as the spray booth? RICHARD BOZNYAK : No I'm using that as a detail. MEMBER PLANAMENTO : That's the detail area, and that you want to keep? RICHARD BOZNYAK : I do MEMBER PLANAMENTO : The other two buildings have the original C of 0, then you've got the existing building No. 2 which is the one that is built 65% larger than what was permitted. Is there anything that you can do there? RICHARD BOZNYAK : No I can't. J MIKE KIMACK : That goes back to how much interior space he needs in order to have the operation. So he keeps all of his work all the cars he's working on within those confined within those buildings. July 6, 2023 Regular Meeting MEMBER DANTES : Did you apply for a smaller size building or you applied for this size building and they just lessened the size on you? RICHARD BOZNYAK : I'm not sure. CHAIRPERSON WEISMAN : Well we do have in our file the original variance I think we do. MEMBER LEHNERT : It's here. CHAIRPERSON WEISMAN : It's ZBA #5759 you were granted a 25% increase in floor area and you have apparently done 65% greater than that 25% on the rear of the principle building subject to removal of a tent type structure on concrete slab. So two of the things were not properly followed. RICHARD BOZNYAK : inaudible CHAIRPERSON WEISMAN : That I don't understand because you were the one that received the variance and so why you would do something different than what the variance allowed you to do I mean I just don't get that. RICHARD BOZNYAK : I didn't have the money at the time. CHAIRPERSON WEISMAN : To do what? I mean this would cost you more than what you were allowed to do. To build something this big when you were allowed to build something smaller. RICHARD BOZNYAK : I was turned down, if I was turned down I would have to fight it and I wasn't prepared to do that again. CHAIRPERSON WEISMAN : I don't understand, you were told what you could do that was not turning you down that was allowing you to do an addition right. RICHARD BOZNYAK : Right an addition on that addition. CHAIRPERSON WEISMAN : So you're saying you built you would have gotten a building permit then you don't have a building permit on that. In other words if you would have built it the size they said you would have been fine you would have had a building permit. Then you could of added on to it, you couldn't do that legally you'd have to come back to get an increase in that or request the Board to amend their decision for some reason for some compelling reason. RICHARD BOZNYAK : I got a C.O. on the building that I built. They gave me a C.O. so they accepted. I put an addition on that building which I did not get a permit. i 42 July 6, 2023 Regular Meeting CHAIRPERSON WEISMAN : Okay so you enlarged the addition. RICHARD BOZNYAK : Correct MEMBER PLANAMENTO : Mike for my benefit cause now I'm confused, existing building #2 the one that we're talking about that's 65% larger, the applicant just said that he has a C of 0 on that building as it was originally built in 2005 what is the C of 0 number? MIKE KIMACK : I don't CHAIRPERSON WEISMAN : We don't have one in our file. r MIKE KIMACK : Was it part of the application? MEMBER LEHNERT : There's not even building permits on the property card just a transfer. MEMBER PLANAMENTO : Mike can you get us a copy of that C of 0? MIKE KIMACK : Yea I'll dig up what C of 0 MEMBER PLANAMENTO : But I think what would be helpful is what Eric was asking about relative to this building, where are the plans? There's no at least in my packet it doesn't show the proposed building that was denied by the Board but granted relief for 25% excuse me for the addition so there should be some sense of a file. MEMBER DANTES : I'm kind of figuring out here Nick, the building on the right seems to be as applied for MEMBER LEHNERT : Existing#1 MEMBER DANTES : Yea MEMBER PLANAMENTO : But that's the existing one that has nothing to do with the expansion or the addition. MEMBER DANTES : 48 by 60 foot building, he applied for a smaller'building I think this is what we're saying (inaudible) but he extended it later on. MEMBER PLANAMENTO : But he said he built it, got a C of 0 and then CHAIRPERSON WEISMAN : And then added on MEMBER DANTES : That's why it's (inaudible) MEMBER PLANAMENTO : But there's still no C of 0 on the original 40 by 30. 43- July 6, 2023 Regular Meeting MEMBER LEHNERT : There would be a paper trail. MEMBER DANTES : Right but that portion of that building (inaudible) and it looks RICHARD BOZNYAK : That's what he's saying and if in fact there's a C.O. on record then we know it would have been built to the specifications allowed by the ZBA. MEMBER DANTES : That portion of the building was approved. MIKE KIMACK : Eric I think you're accurate in that, I think the 40 by 36 was approved and then the 24 by 40 was added. MEMBER DANTES : Yep and then it looks like the tent on the concrete slab being removed that condition was because that was the way they did the application. It wasn't like something that the Zoning Board made them (inaudible) it was the way they did the application back then. MIKE KIMACK : You're right on that because I think the intent was to take the temporary one and include it in the new building. MEMBER DANTES : Right to bring it yea MEMBER PLANAMENTO : Then in 2005 1 was on the Architectural Review Committee and I remember the applicant coming before us also with I believe Gail Wickham and the whole conversation revolved around the spray booth which was really the important part of the business at that time. MEMBER DANTES : Right that's in here too, take it out of the chimney and give it some proper ventilation. CHAIRPERSON WEISMAN : So what was the size of the approved building, 40 by ? MEMBER DANTES : 48 by CHAIRPERSON WEISMAN : 48 and then a 24 by MEMBER DANTES : What was added. Basically what we're looking at is the addition. MEMBER PLANAMENTO : Yea but we still need to see the C of 0 on the 48 by 60. MEMBER DANTES : I don't know if he has one. CHAIRPERSON WEISMAN : If he doesn't have a C. 0. then it wasn't ever legally approved. He just said he had a C.O. you said you got a C.O. RICHARD BOZNYAK : (inaudible) July 6, 2023 Regular Meeting MEMBER LEHNERT : Wouldn't there be a building permit attached to that that would pop on our searches? MEMBER DANTES : On an opened building permit should have popped up. MEMBER LEHNERT : Yea anything issued. MIKE KIMACK : Just to add a little bit further clarity, the existing building#1 at the present time is used for spraying, painting.The tent is used for the detail and then because he doesn't have any cars or anything in there the existing building#2 is used for all of the repair work that's the body shop. MEMBER DANTES :Then the location got adjusted as well. So we're also looking at the location of the 48 by 32 building cause it's different from the site plan. MEMBER LEHNERT : Right but then it says temporary tent like structure shall be removed within eighteen months of this determination. ` CHAIRPERSON WEISMAN : And it was temporary at the time but it's now a permanent structure because it's been conditioned, vented you know and the size is different. MEMBER DANTES : We should really just look at this as a brand new application. I think the original Zoning Board determination doesn't apply to anything here (inaudible) CHAIRPERSON WEISMAN : Well it applies in so far it's in violation of that and if we had a Notice of Disapproval that essentially looked at the current variances assuming there was no history on this and these were all as built structures they would have to issue a very different Notice of Disapproval in an R40 zone for what's on your property now. So until that happens we can't look at this as a new application. You want to go back and talk to Mike Verity and see if you're willing to do that. Say that this is so far different than what the original they wrote a Notice of Disapproval based upon the history of this property and what the prior ZBA determination was. You're not in conformance with that determination okay and so I don't know how we can see it legally as a brand new application. MEMBER DANTES : What would be different though? I mean it's still the same non-conforming use on a non-conforming property. I mean he's still under the lot coverage. CHAIRPERSON WEISMAN : One would be the same the condition of a previous approval then you'd have to look at this as if it wasn't approved at all you know and start from scratch. MEMBER DANTES :That's what I'm saying. MEMBER LEHNERT : How do you disregard a past approval? July 6, 2023 Regular Meeting CHAIRPERSON WEISMAN : We can't nullify the history on the property. This is very unusual as you can see and so MIKE KIMACK : I know you're struggling. CHAIRPERSON WEISMAN : We're trying to find to think this through together MIKE KIMACK : I'm trying to keep up with you. MEMBER PLANAMENTO : I would add also and I think the Board would agree with me, the property is beautifully maintained you discussed the character of the neighborhood and how you also respect your neighbors that it is a residential zone. I think for us it's just really the bureaucratic function to figure out what to do here because clearly this isn't the relief that was granted. MIKE KIMACK : We agree with that. CHAIRPERSON WEISMAN : Is there anything Julie that you can think of that we should ask at this point? MEMBER DANTES : I just want to say it doesn't look like the Zoning Board at the time denied him,they granted him what he asked for, they didn't deny him so MEMBER PLANAMENTO : Because it's a non-conforming building he was here. MEMBER DANTES : Yea, I mean it's not like we would be overturning a past denial. MEMBER LEHNERT : But they did grant a whole lot less plus the tent to be removed. MEMBER DANTES :That's what he applied for it wasn't that they MEMBER LEHNERT : It was a condition that was put on it. MEMBER DANTES : Yea based on his application but it wasn't CHAIRPERSON WEISMAN : What he built was not what was approved. MEMBER DANTES : Right that's true. MEMBER PLANAMENTO : So then the question here remains the existence of the tent and the larger building, it's two simple details. CHAIRPERSON WEISMAN : I don't see it as a new application it is what it is. MEMBER ACAMPORA : It's a different location. 461 July 6, 2023 Regular Meeting CHAIRPERSON WEISMAN : It's not even in the same location as the original ZBA approved plans. MEMBER PLANAMENTO : Kim didn't you and I didn't print it out but isn't there from the site plan it shows from the Planning Board notes it shows similar to what we're looking at. CHAIRPERSON WEISMAN : Yea it's right here. MEMBER PLANAMENTO : Mike if it helps one of the notes shows a building permit number 34748. MIKE KIMACK : 34748? MEMBER PLANAMENTO : Yes CHAIRPERSON WEISMAN :That's what the ZBA granted 36 by 48 but he built it bigger. MEMBER DANTES : (inaudible) MEMBER PLANAMENTO : But Eric how do you know it was granted there we don't have any plan. MEMBER DANTES : (inaudible) MEMBER PLANAMENTO : I would go by the Planning Board. MEMBER ACAMORA : Where's the Planning Board CHAIRPERSON WEISMAN : Look the fact that the tent structure is removed from the Planning Board's approved site plan says they saw it after we did. After the ZBA ruled Planning Board looked at it, said that's the size building which is what the ZBA approved and there is no tent structure on there that's this plan here it says Planning Board approved. So they were in conformance with what the ZBA had granted that's what the site plan was from the Planning Board and we know what's there now. I understand what you're trying to do and we're trying to figure out what we can do or what we have to do. MIKE KIMACK : We appreciate that. I think that the temporary structure was always going to be removed as a result of building the bigger building. I think what happened was that when that building was cut back because that portion of what was in the temporary tent was going to be in it. It left really my client with no option but to leave it in place. Is that correct Rich? RICHARD BOZNYAK : Yes July 6, 2023 Regular Meeting MIKE KIMACK : Because he just needed the space. Once they cut the building back and it removed that portion that was going to have the temporary tent in it that operation. MEMBER PLANAMENTO : So why wouldn't he have taken the tent down after he got the building built to his taste not to the town's? MIKE KIMACK : If the building that he built was still smaller than the one that I think he originally going to be put up,correct? MEMBER LEHNERT : It was larger than what was allowed. CHAIRPERSON WEISMAN : You know it's just very difficult to come before the Board after the fact when things were done without approvals and now we're stuck with what we're stuck with you're stuck with it and where do we go from here. Do we endorse violations of the code and say oh sure we'll give you a pass you know because it's a good business we know you are a local business. We are not allowed by law to personalize decisions, it's never about the applicant it's always about the merits of the application and the history that's in the record. So we have a lot to grapple with. MEMBER DANTES : The town should bear some responsibility for changes the zone on people. MEMBER PLANAMENTO : Yea but the building was sold after the zone change so the property owner knew that. CHAIRPERSON WEISMAN : It's an R40 zone he did not do this prior to the zone change. MEMBER DANTES : No but the business was there. CHAIRPERSON WEISMAN : It wasn't his business it was a gas station. MIKE KIMACK : No he took his lease out in '85 the zone changed in '89. CHAIRPERSON WEISMAN : When did they change the zone? MIKE KIMACK : '89 MEMBER DANTES : I mean they did deny (inaudible) MIKE KIMACK : I looked into the history to see if I can find out the rational as to why they changed the zone and' there was none it was just there. Talking to Rich to be rather frank about it I think that particular time the town was having some difficulty with one of the owners of that building in terms of what he wanted'to build on that site. I think he wanted to put up a a July 6, 2023 Regular Meeting big office building and the town panicked and I think they changed the zone on him down to an R40 so it wouldn't happen and here we are. MEMBER DANTES : Do you think it was spot zoning? MIKE KIMACK : No it wouldn't be spot zoning. There isn't really any reason or rational that I can give the Board as to why that particular on an operating business changed from General Business to R40. RICHARD BOZNYAK : I wasn't even notified. MEMBER PLANAMENTO : As a Board Member I don't know how important that is, it exists, it's grandfathered I don't-think anyone is coming after to shut down your business or anything. MIKE KIMACK : It has made it difficult over the years for my client simply because the R40 they look at it based upon the R40 standards every time something is done you know for the coverage the setbacks. You're non-conforming to begin with your non-conforming cause it's not a residential home it's made it hard. I'm not quite sure it's been hard. I went to the Board to ask to have the General Business put back and we were unsuccessful on that one. CHAIRPERSON WEISMAN : Alright well I think we've exhausted about everything we can and probably time to move on to the next application. How about we adjourn this to the Special Meeting so you could go back to Building and research and see if you can come up with any C.O.'s or anything that would show MEMBER PLANAMENTO : Leslie, Kim has here a C of 0 on the building for the ZBA. It relates to building permit No. 34748 dated June 5. All we have to do is find that information and see what was granted and what was C of O'ed. So that would be helpful whether we get it from Building or Mike provides it. MIKE KIMACK : I can look it up, we'll go from two different ways. Nick gave me the number on it. MEMBER PLANAMENTO : And I think maybe this is just my opinion I can't speak for the Board but the tent structure that was supposed to come down which should have come down especially in light of what you just said about the building was too small so you built a bigger building that you wanted to contain the equipment inside, logically the tent should have gone away. So maybe you might reflect upon that so that when we see I guess no we're not going to see them on CHAIRPERSON WEISMAN : Unless we want to adjourn I'm just going to proposed to adjourn to the Special Meeting. If at that time we have enough information we feel that we can close this July 6, 2023 Regular Meeting and make a decision fine, if we still need to investigate and we need to ask you more questions based upon what we discover or you submit then we will adjourn to the next month's hearing so we have a chance to MEMBER PLANAMENTO : I don't want to skip facts but sort of to and I have no problem with what you suggested but in my mind's eye it would be so much easier, you've already suggested that you'd remove the four (4) small buildings so those are gone in my mind's eye. We're confronted with a larger building than what was approved which again being sympathetic just by what you know what Mike said about the zoning I recognize a business there. I don't think we want to personally hurt your business, can you do anything with the tent structure? Cause if the tent is gone we're only talking about the larger building that exists and if that's something that you're not willing to discuss well then I guess there's the path that Leslie laid out and we'll see where it all goes. CHAIRPERSON WEISMAN : Well it does require according to the Notice site plan approval again. So the Planning Board is going to have to look at this no matter what. MEMBER LEHNERT : And they're going to go back to the old variance that says to remove the tent. MEMBER PLANAMENTO : Well it was a condition. MIKE KIMACK : Unless we get an amended variance from you, then I can go to the Planning Board. CHAIRPERSON WEISMAN : We're going to need to think this through and this is not the time and place to do anymore thinking. MIKE KIMACK : We can go down to the beach. CHAIRPERSON WEISMAN : Let me make a motion to you go ahead and submit what you can and we'll think more about this. I'm going to make a motion to adjourn this to the Special Meeting on July 201h. Is there a second? MEMBER LEHNERT : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye July 6, 2023 Regular Meeting MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye HEARING#7801—CONSTANCE LEVY CHAIRPERSON WEISMAN : The next application before the Board is for Constance Levy#7801. This is a request for variances from Article III Section 280-15, Article XXII Section 280-116A(1) and the Building Inspector's April 11, 2023 Notice of Disapproval based on an application for a permit to construct additions and alterations to existing single family dwelling at 1) addition located less than the code required 100 feet from the top of the bluff, 2) swimming pool located in other than the code permitted rear yard located at 405 Soundview Avenue in Mattituck. MIKE KIMACK : Michael Kimack on behalf of the applicant and Ms. Levy is present in the audience. The existing home as it now sits it's kind of skewed with the top of the bluff. The closest point is 66.7 feet to one portion of the house. It's a little irregular, the proposed design of,the house cuts into one corner which is set back 78 feet from the top of the bluff and is no further seaward than the existing one house. It goes away at a triangular distance going in a southerly direction and then it cuts back to avoid the pool and I guess the best way to take a look at it the best way to take a peek at if you can take a look at A002 on this one. That would give you the best idea of how the proposed addition is being connected to the house itself. You need me to point out where that connection is made? (away from microphone) CHAIRPERSON WEISMAN : So they're calling out the bluff setback really what is for the existing dwelling right? MIKE KIMACK : Correct the house is irregular in shape so it kind of runs pretty much parallel with the top of the bluff where the closest point is 66 feet which is off to the easterly side. On the one where the proposed structure is being connected to is 78 feet. As you can see on the proposed structure over there (away from microphone). I think when you went out there my flags and everything was still in place hopefully? CHAIRPERSON WEISMAN : The additions are LWRP consistent it's all landward basically. MIKE KIMACK : Except for that little triangular section. July 6, 2023 Regular Meeting CHAIRPERSON WEISMAN : The small connecting piece. MIKE KIMACK : The small connecting section on that side of the house. MEMBER DANTES : That's 95 feet from top of bluff right? MIKE KIMACK : No 78 feet, you're looking at the older one. I had Peconic CHAIRPERSON WEISMAN : Yea this is not correct (inaudible) is 78. MEMBER DANTES : (inaudible) MIKE KIMACK : Yes you asked for that because the architectural drawings still have a 95 on that, I should be getting that I'll get it to you. It took a little while to coordinate between the surveyor sending the CAD over to the architect I should have that for you. CHAIRPERSON WEISMAN : It shows on the survey not on the architectural drawings. MIKE KIMACK : I'll have the ones I'm getting it done,the architect is getting it off to me. MEMBER PLANAMENTO : Again there's no building seaward of the house the existing house. MIKE KIMACK : No, not at all. MEMBER PLANAMENTO : We've seen applications like this before. MIKE KIMACK : They're not extending any more seaward all the way, and actually they're doing it at the furthest point away and the only point they can and MEMBER LEHNERT : So the pool in the side yard becomes a technicality. MIKE KIMACK : It becomes a side yard because of where the new building is going to go on that particular CHAIRPERSON WEISMAN :There's a C.O. on that pool right? MIKE KIMACK : Yes CHAIRPERSON WEISMAN : So it's a legally existing building, this happens all the time, when somebody puts an addition on a porch on the back of their house all of a sudden the garage is partially in a side yard. MIKE KIMACK : I thought the architect did a rather nice job getting the addition in there. July 6, 2023 Regular Meeting CHAIRPERSON WEISMAN : Very much so it's a very clever addition, it's a very difficult configuration to create an aesthetically reasonable outcome but this is a very skillful architect. You're going to get Mark to change it was I don't know who it's not Mark MIKE KIMACK : I've already put that in and she was doing some traveling I got the Peconic (inaudible) I should have it soon. CHAIRPERSON WEISMAN : We just want to make sure we have consistent drawings. MIKE KIMACK : Kim alerted that to me about a week and a half ago. CHAIRPERSON WEISMAN : Alright anybody on the Board have questions? Is there anybody in the audience wanting to address the application? Motion to close the hearing reserve decision to a later date. MEMBER LEHNERT: Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye MEMBER PLANAMENTO : Did we get an LWRP on this? CHAIRPERSON WEISMAN : It's going to be consistent, I know it's going to be consistent cause it's all landward of the existing. MIKE KIMACK : I have a question, is the Board making determinations in certain cases going forward that you're not going to need LWRP? CHAIRPERSON WEISMAN : No the law requires us to anyone wetlands any of those things we need to get LWRP comments. July 6, 2023 Regular Meeting HEARING # 7803 —JAMES BURLEIGH MORTON and CAROL DEGRAFF MORTON (MORTON JB LIVING TRUST(#7803 CHAIRPERSON WEISMAN The next application before the Board is for James Burleigh Morton and Carol DeGraff Morton (Morton JB Living Trust) #7803. This is a request for a variance from Article XXIII Section 280-124 and the Building Inspector's March 27, 2023 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling at 1) located less than the code required minimum front yard setback of 40 feet located at 495 North Sea Drive in Orient.,State your name for the record please. ADAM VOLOSIK : Yes hi thank you, my name is Adam Volosik I'm the architect for the applicant. The applicants are also here with us in the audience. We're proposing a modest bedroom addition on the second floor of the residence and also the addition of a bathroom on the first floor of the residence. We're trying to make the house a little bit more accessible for the owners. We'll also be in the process rebuilding the master bedroom which currently exists in the house now. That master bedroom will be all conforming with the current zoning. The existing house unfortunately is across the setback line which is a 40 foot front yard setback. The existing dimension is 39.2 feet from the corner. One thing I do want to point out is we are removing an existing bay on the front of the house which actually crosses which is actually 38.2 feet from the property line so we're actually pulling away a little bit a non- conformity on the house. MEMBER DANTES : Your proposed additions and alterations are more conforming than the existing (inaudible)? MEMBER LEHNERT : Following the existing line of the house. ADAM VOLOSIK : Correct we are following the existing line of the house. MEMBER DANTES :That works for me. ADAM VOLOSIK : Does that work for everybody? CHAIRPERSON WEISMAN : We also have in the record four letters of support from your neighbors. ADAM VOLOSIK : Yea I was going to mention that, we have four neighbors gave support of the project. MEMBER DANTES : I have no further questions. July 6,2023 Regular Meeting CHAIRPERSON WEISMAN : I should indicate that the house is actually I mean we're looking at 39.1 and % I was like why can't you make 40 feet? I understand why I mean it's existing and you know the additions are where they are it's a second story. MEMBER LEHNERT : It's a pretty benign application. ADAM VOLOSIK : The initial FOIL request we saw the original survey for the property it did actually have a 40 foot dimension, I think it was just builder's error when they were building the house when it ended up and it's on a slight skew to the front property line which makes things a little bit more odd. If there's any further questions I have some 3D model images of the house if that would help anybody but it's in the character of the existing houses on the street. There's some two story houses, a lot of one story houses and we're trying to keep the pitch of the second floor down a little bit to keep it a little bit more in character with everything in the surrounding neighborhood. CHAIRPERSON WEISMAN : Well the lot across the street is undeveloped and there's no impact whatsoever on that front yard setback. ADAM VOLOSIK : The neighboring lot is undeveloped at this point too. CHAIRPERSON WEISMAN : Yes and the adjacent house is a very large two story home. This would be smaller than what the existing neighbor's house is actually. I have no questions, anything from any of you? MEMBER PLANAMENTO : No questions. CHAIRPERSON WEISMAN : Good we can leave. Motion to close reserve decision to a later date. MEMBER DANTES : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye July 6, 2023 Regular Meeting CHAIRPERSON WEISMAN : Aye, we'll have a decision in two weeks. Okay we've already done the Resolutions. So I think there's no other matter before the Board I'm going to make a motion to close the meeting. 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, stop recording and shut down. July 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 :July 14, 2023