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Home My WebLink AboutZBA-01/04/2024 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 January 4; 2024 9:50 A.M. Board Members Present: LESLIE KANES WEISMAN - Chairperson PATRICIA ACAMPORA—Member (Zoom) ERIC DANTES—Member ROBERT LEHNERT— Member NICHOLAS PLANAMENTO—Member(Vice Chair) KIM FUENTES—Board Assistant JULIE MCGIVNEY—Assistant Town Attorney ELIZABETH SAKARELLOS—Senior Office Assistant DONNA WESTERMANN —Office Assistant L January 4, 2024 Regular Meeting INDEX OF HEARINGS Hearing Page Organizational Meeting 3 - 10 1000 Sound Beach Dr. LLC#7858 (Decision) 11 North Fork Project, LLC#7859 12 - 19 Tracy Heller and Matthew Glassman #7863 19 - 21 Bruce Kim #7860SE 21 - 30 Bruce Kim #7879 21 - 30 c Edwin J. Pisani #7868SE 30- 34 Sean and Catharine Norris#7861SE 35 - 37 Andrea Tese/800 Jackson Street. LLC#7862SE 37 -42 Sharon Nassi/15105 Oregon Road LLC#7865SE 42 - 60 Sharon Nasi/15105 Oregon Road LLC#7870 42 - 60 4690 Mill Lane, LLC/Bert#7864 61-62 Richard Stalzer#7866 62 - 64 Nicholas Demitrack#7867 65 - 72 January 4,2024 Regular Meeting CHAIRPERSON WEISMAN : The first item on here are having to look at the three documents using to guide our operating procedures and our code (inaudible) behavior and open meetings and all of that. The code of conduct and the open meetings as far as I'm concerned is it is what it is,. I mean it's the law and there's kind of nothing to do but we review it so you're reminded of what it says and just readopt it as far as I'm concerned. Does anybody have a different point.of view about that? MEMBER LEHNERT : I would agree with that. CHAIRPERSON WEISMAN : So there is one thing that on the actually there's a few little odds and ends on the procedural guidelines, I just wanted to bring up. I already talked to Julie about draft finding, one of things that are not spelled out here and I think it's long overdue is the clarifying role of our legal counsel from the Town Attorney's Office whoever that might be we don't have to name a name (inaudible). One of the things that I would really like to move toward and we kind of do this informally anyway is to have them take a more active role in draft decisions. I mean Julie sits here with us when we kind of review public hearings and which way to go on various decisions and certainly it's always been the case that I've gone to whoever the Town Attorney, was on really complicated things and said let's work on this together or you do it and I'll whatever. So I talked with Julie about it and you know obviously asked and talked to Paul to figure out how this might work so we're not going to make any changes now. I mean one of the options would be that if Julie (inaudible) you always do such a thorough reading anyway of the drafts (inaudible). So that's what I do but the point is that we all review them, we all read them, we all mark them up we used to do that at the Special Meeting more than we do recently because the drafts are a little bit more you know developed but they belong to all of us, we all have the right to make a suggested change or omission or whatever. So that's forthcoming we won't get that 'resolved today but we can readopt these at any time. We can adopt it today as is and then readopt it in a month or two or whatever you know when we have a proposed change. T. A. MCGIVNEY : The proposed change would be that all draft decisions would then come to my office? CHAIRPERSON WEISMAN : If that's possible. I mean everything goes to Kim, Kim looks at the all the upfront stuff, the agencies you know all the LWRP stuff (inaudible) basis of application all of the normal (inaudible) and then you'll have a look at what I do you know I check it but I don't check it very (inaudible) because it's stuff that everybody knows. Then what I mostly concentrate on are the reasons you know the findings of facts which is what the Board (inaudible) and just review them to make sure everything is complete and that it's in the right location and whatever. Again the point of this is that when a person that's assigned the draft January 4, 2024 Regular Meeting no one will change the outcome. In other words if there's (inaudible) when I review it I would never write a disapproval it would just be time restraint and the approval and if you disagree with that I'll say so I won't (inaudible) we write an alternative draft we don't approve anything and then somebody would just write another you know a disapproval. So the Board Members have the prerogative to develop it whatever way (inaudible). So in the past (inaudible) who was Town Attorney a thousand years ago, the Town Attorney's often do write the legal decisions and given the amount of work we have lately especially the amount of work I have in this Chairpersons position, it just makes timely sense cause the office is well there's a lot of people in there now we have more attorneys in there that we've ever had have had and their not jaded yet so that's a good thing. Now there's two things in here that I'm not sure about and maybe there is one actually grammatical correction. The very last one number five review and amendments, we can't say after this procedural guideline is adopted, it's after these procedural guidelines are adopted. It should be the same in A and in B that's just a thing to fix. Number twenty one we're not doing SEAR anymore as lead agency Planning is. That was in describing my duties and responsibilities so I MEMBER DANTES : Are there any applications that Planning Board is not involved (inaudible) SEQR or CHAIRPERSON WEISMAN : Well you know it's all commercial stuff I mean everything else is a Type II Action so you know that we have. MEMBER DANTES : So we would have to ask them to do it for us anyway. CHAIRPERSON WEISMAN : I mean we can leave it in you know but it's the ZBA Planning Consultant, we don't have a Planning Consultant anymore we gave that line to Planning so that they can hire a consultant as Lead Agency. So I just wanted to bring it up because there has been a change and I'm not quite sure what to do about that. MEMBER DANTES : Can we write ZBA shall ask Planning Board for assistance? BOARD SECRETARY FUENTES : I think the decisions need to determine that it's a Type II, 1 think. CHAIRPERSON WEISMAN : Well mostly all of ours our Type II and it just didn't make sense given that the Planning Department has planning staff and everything else, let them work with the planning consultant, let them hire the consultant and let them be lead agency when we have concurrent jurisdiction. What do you think Julie, do we need to T. A. MCGIVNEY : I don't have number (inaudible) ready yours. I don't know why I don't have that January 4, 2024 Regular Meeting CHAIRPERSON WEISMAN : Maybe you didn't get the last page. T. A. MCGIVNEY : You can take it out because if Planning is always the lead agency then we don't need that. Or you can just working with the ZBA (inaudible) as needed. CHAIRPERSON WEISMAN : I think we should make it more general. T. A. MCGIVNEY : If required as needed CHAIRPERSON WEISMAN : Well let's figure out the language so that I can retype this and then send it out to everybody as amended. Working with the T. A. MCGIVNEY : Not the ZBA consultant though. CHAIRPERSON WEISMAN : working with the Planning Department in reaching SEQR determinations on specific Special Exception Permit applications. I'm going to get rid of including EIS scoping hearings cause we're not going to be do that if we're not lead agency. I'll just say with concurrent jurisdiction that's all. Working with the Planning Department in reaching SEQR determinations on specific Special Exception Permit applications with concurrent ZBA that'll work jurisdiction. Then the other thing is number, nineteen, you know what I think, I just want to point that out to you, under previous administration I was required to conduct annually performance appraisals we had a form that we were using, two Boards ago two Town Boards ago and we haven't they were supposed to evaluate Department Heads. Department Heads were supposed to evaluate staff and there was a form and it required filling it out, I did them sometimes in'quite detail but then you have to sit dowrnwith " the employee, review it, they had to see it and discuss it and sign off on it and it was basically one you're doing very well, where are there areas of improvement, are there changes needed, is everything perfect whatever. They were logically to be used for potential promotions or firing because you know you need a track record. Well, they haven't been doing it and the Town Board never did Department Heads. So I don't know how that's going to work but it might be something the current Town Board might want to you know resurrect. I have no idea so I just point that out cause when I was looking at the timeliness of stuff and this document I suppose I could just eliminate it and if I have to do it I can always add it back in. T. A. MCGIVNEY : You're not doing it. CHAIRPERSON WEISMAN : We're not doing it I haven't in a while. I mean I have all of them, I did it with Liz, Donna and Kim for quite some time. 1 January 4, 2024 Regular Meeting T. A. MCGIVNEY : This is under procedural guidelines, this not anything that came out of the code for the ZBA's CHAIRPERSON WEISMAN : No, no, no this is just T. A. MCGIVNEY : I don't understand why I don't have it, I printed off the internet. CHAIRPERSON WEISMAN : We really should that's what I asked the Board Members to do and I haven't done it yet to check the website to see what's on it. MEMBER DANTES : Our accessory apartment so it's like three codes ago what's on the website. T. A. MCGIVNEY :The application hasn't been updated on the website. BOARD SECRETARY FUENTES : The applications are being updated just the information part that needs to be changed. CHAIRPERSON WEISMAN : So we have to update the ZBA accessory apartment code and BOARD SECRETARY FUENTES : Several pages under ZBA I've been working on it updating all the applications but I haven't been updating the other items. CHAIRPERSON WEISMAN : Then the other thing we have to make sure that once I finalize these and send them to you Kim, give these to Lloyd and say get rid of thejold ones this is the current because the original one did not list the powers.and duties of the chair and that made no sense cause anybody taking over for me would not have a clue of the range of scope of all the things that T. A. MCGIVNEY : The old one does have it though. CHAIRPERSON WEISMAN : Yes it has some. T. A. MCGIVNEY : Yea not the most updated one. CHAIRPERSON WEISMAN : I'm going to delete nineteen, it's not in there and they decide to put it back T. A. MCGIVNEY : You can always add it. CHAIRPERSON WEISMAN : Yes. T. A. MCGIVNEY : So whose doing the website updating? CHAIRPERSON WEISMAN :The office sends stuff to Lloyd. January 4, 2024 Regular Meeting i I T. A. MCGIVNEY : You have to go through all of the pages of this and the drop down I'm just CHAIRPERSON WEISMAN : Well I originally wrote a definition of all of the various kinds of actions the Board can take. T. A. MCGIVNEY : No I just mean who is everybody taking a look at the website to see if they need changes? CHAIRPERSON WEISMAN : Why not? I did ask the Board Members-too have a look I mean you need to know how we're represented to the public and if there's some great idea you've got about it would be helpful to have this in there. I mean there's even instructions in there on how to use Laserfiche. How often do people go to websites? Nevertheless it's incumbent on us to make it as user friendly and as complete as we can in case people do want to use it. I mean there's no harm in that to try and professionalize it. MEMBER PLANAMENTO : Do we want to set like a date or a deadline maybe before the Special Meeting that we all take a look that way Kim or staff whoever is responsible to coordinate with Lloyd. BOARD SECRETARY FUENTES : I can send reminders to you. MEMBER DANTES : For the most part it's pretty good it's just some of the explanations about the code that are a little dates. CHAIRPERSON WEISMAN : Yea sure well that stuff should be updated regularly but MEMBER DANTES : I don't mean the state update the local. CHAIRPERSON WEISMAN : Well look that's the point, if you find something I mean sometimes you (inaudible) to do something and it just hasn't happened very quickly or it hasn't happened at all and then other times you know we didn't look at it. So,have a look and MEMBER PLANAMENTO : Do you want to set a date that maybe by the Special Meeting then Kim can go back to Lloyd. CHAIRPERSON WEISMAN : Let's discuss it in a work session and the Special Meeting in two weeks. MEMBER PLANAMENTO : and then you go to Lloyd. CHAIRPERSON WEISMAN : Yea then you have a list of things and that's something we should do anyway. Okay so I'm going to make a motion to readopt the guidelines to open meetings law and code of conduct. Is there a second? January 4, 2024 Regular Meeting MEMBER PLANAMENTO : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye. Now I'm going to make a motion to readopt the ZBA procedural guidelines as amended. Is there a second? MEMBER DANTE : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye. Now the templates, the only thing that I want to point out the variance template just added the thing about the septic you know what I'm talking about? The septic on the property has got to be approved by Suffolk County Health that's what we decided would be the better way to do it. MEMBER LEHNERT : Yes CHAIRPERSON WEISMAN : If it's pertinent all of these are to be deleted if it's not relevant you delete it but this is a reminder of all the options you've got. T. A. MCGIVNEY : Off the top of my head that it's really cause it's just a template. Talking about the templates. CHAIRPERSON WEISMAN : Well it's a public document. MEMBER PLANAMENTO : I didn't realize it goes to the public. January 4, 2024 Regular Meeting CHAIRPERSON WEISMAN : Well all they are is just the same thing with no information in it waiting to be filled out so that our decisions are always consistent, always address the same things, are always complete. I think that's it, we don't have to readopt them I just wanted to review everything else is the same. Okay so you got the meeting dates now Kim gave you all a copy? MEMBER PLANAMENTO : I see that July 3rd is a Wednesday. BOARD SECRETARY : We're doing it July 11th correct? MEMBER PLANAMENTO : It says July 3rd Wednesday. The update is July 11, 2023. CHAIRPERSON WEISMAN : 2024 we did the Wednesday the 3rd. MEMBER ACAMPORA : I don't have that. BOARD SECRETARY FUENTES : Did we change that? CHAIRPERSON WEISMAN : That was the older one. The Special is July 18th. Okay we'll just have a look at that and make sure everybody got the 2024 one. MEMBER PLANAMENTO : I just wanted to ask to that point though, the update says July 11, 2023 this is the one that we're discussing now? CHAIRPERSON WEISMAN : No it's this just cross that out. MEMBER LEHNERT : So the third stands. CHAIRPERSON WEISMAN : The one she just Xeroxed the July 3rd is the current. Just double check that's when you have the meeting hall booked. Go back and I'll come in and go over it with you and we'll just resend everything with the correct assigned.people bringing lunch and the correct dates based on the reservations. We don't want confusion with the dates for all of us so that we can show up when we're supposed to. I'm putting down recheck and resend. You certainly know at this point that per Town Board has appointed Nick for another five year term. MEMBER PLANAMENTO : I'm very happy to be back. CHAIRPERSON WEISMAN : We're happy about that and congratulations and I asked Nick if he once again serve as Vice Chair and he said yes so that's that and we'll put him on for another year. The salaries we got a little bump we all saw the Resolution. The base salary for Board Members is twenty thousand. I think that's it, do you have anything else. I'm going to make a motion to close the Organizational Meeting. January 4, 2024 Regular Meeting MEMBER PLANAMENTO : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye. Motion to open of the Regular Meeting of the Board of Appeals. MEMBER ACAMPORA : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye. Good morning everybody, Happy New Year. Would you all please rise and join me in the Pledge of Allegiance. The first matter on the Board is to resolve about SEQR determinations declaring applications that .are setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests as Type II Actions and not subject to environmental review pursuant to State Environmental Quality Review (SEAR) 6 NYCRR Part 617.5c including the following: North Fork Project, LLC, Tracy Heller and Matthew Glassman, Bruce Kim, Bruce Kim, Edwin Pisani, Sean and Catharine Norris, Andrea Tese, Sharon Nassi, Sharon Nassi again, 4690 Mill Lane, LLC, Richard Stalzer and Nicholas Demitrack so moved. MEMBER DANTES : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye i MEMBER LEHNERT : Aye January 4,2024 Regular Meeting MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye The first matter before we being the-hearings is a deliberation on the 1000 Sound Beach Drive determination. We have a draft before us, we actually have an amended draft an amended decision rather not draft, we have an amended application. This was for a two car garage in a front yard which is conforming and the side yard is conforming but the front yard setback is non-conforming and the lot coverage is more thaN twenty percent. Did everybody read it? MEMBER ACAMPORA : Yes CHAIRPERSON WEISMAN : They came back with a one car garage and reduced the lot coverage, the front yard is the same setback. It's a small front yard, they just don't have room to conform in fact the house is sitting in a conforming setback so there's no way they could avoid it and it's a waterfront property so it's allowed in the front yard. Is there any discussion or changes being proposed on this or are you okay with it? I'm going to make a motion to grant the variances as amended with two conditions, one is wetlands permit from Trustees if required by the Building Department and secondly the garage is to be unconditioned, non- habitable space and used for storage only. Is there a second on that motion? 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. January 4, 2024 Regular Meeting HEARING#7859— NORTH FORK PROJECT, LLC CHAIRPERSON WEISMAN : The first application before the Board is for North Fork Project LLC #7859. This is a request for a variance from Article XXIII Section 280-121 and the Building Inspector's August 15, 2023 amended October 4, 2023 Notice of Disapproval based on an application for a permit to construct interior alterations to an existing non-habitable accessory tower structure to be used as conditioned habitable space with storage at 1) proposed use as conditioned habitable space is not permitted located at 5670 West Mill Rd. (adj. to Mattituck Creek) in Mattituck. Good morning Martin, Happy New Year. MARTIN FINNEGAN : Good morning everyone, Happy New Year. For the record Martin Finnegan 13250 Main Rd. Mattituck for the applicant North Fork Project, LLC. As Leslie stated we are here today with respect to the tower structure. I know the Board is well familiar with the Old Mill property and the relationship between this parcel lot 4.1 and lot 3 which is of course the parcel that encompasses pretty much the entirety of the Old Mill restaurant. You've had a handful of prior determinations and in them as you'll recall findings were made that acknowledged the relationship between these structures. In November of '22 #7687 decision the Board found that the subject parcel along with the separate lot owned by the applicant lot 4.1 are all integrally intertwined and developed and used as a single parcel developed prior to zoning and is part of a mill complex and later access point to the bridge (inaudible). There was also findings, the parcel is and always has been an extension of the Old Mill Inn and parcel and the structures thereon have served as accessory to the principle restaurant use for decades. The restaurant parcel on the subject parcel being lot 4.1 have always been used in their entirety in conjunction with each other. So with that background we're here today to talk about the tower and its function and necessity of its use in conjunction with the restaurant operations. The application is seeking to allow the first and second levels of this structure to be conditioned for really the first level is as the plan show really going to be an ice-maker walk-in freezer for the restaurant operations. There is an existing bathroom on the second level, I'm sure you guys were out there but you know that this is a really small structure, it's very constrained in size it's just practical space. The Old Mill Restaurant building as it has been renovated and it looks pretty awesome if you went down there is actually smaller, much smaller in size than the original structure. There was a large portion of it that was removed and what remains is pretty small so there's not a big kitchen space, there's not the necessary space for food handling, food storage that they need for restaurant operations. The intent here is to allow this structure to be conditioned really just for the purpose of that food storage and having some office space for employee use on that second level. The third level of the structure is unconditioned storage so it's not really part of what we're asking for today. So as I said this is really a structure that has always been used in conjunction with the Old Mill operations throughout the years and has had different uses and January 4, 2024 Regular Meeting has had the record of the approvals have bear that out and in 2017, 2018 in conjunction with the sale of the property there was a Pre C.O. that rendered it uninhabitable space it was just applied for just to get to a closing really and it really did not reflect the actual use or the historic use of the structure. So that's really it, it's pretty straightforward. We want to have space there's a sink and a mop sink because these are things that are required by the Suffolk Department of Health to have in the structure when you're storing food there for employees to wash their hands and such. It is a pretty small space and we're looking to just restore it to its historic use. As for the criteria that I could just address briefly, this is not going to have any impact on the character it's all interior alterations, interior space. We've touched on the interconnection of these two parcels and how really but for the road in between them, they really are one parcel, one unit for the Old Mill operations. As you know the sanitary system for the whole operation and the water supply system for the whole operation is on this parcel which benefits the restaurant parcel. No undesirable change or detriment to nearby properties. Unfortunately we can't do what we need to do here without variance relief from this Board. I would submit that the proposed use for refrigeration, ice-making an office space is not a practically substantial relief that we're requesting here. It's just to restore it to its historic use and clearly there are no perceivable environmental impacts. This structure has been in existence for many, many years it's use has been in existence for many, many years even though it was temporarily discontinued during the process here of sale and renovation of the property. With that we would ask that the Board grant the requested relief to allow the conditioned space in those two levels of the structure. By the way, my client Anthony Martignetti meant to be here today. He got his wires crossed on the timing of the hearing and thought it was an afternoon hearing so I believe that he's on Zoom but if there's any questions I'm happy to address them or he's available to do so. CHAIRPERSON WEISMAN : We obviously understand that the parcels have always been treated as one and that they can't be merged because of the right of way, as you said we know the background on the property very well. I wonder why an office would need a full bathroom. We know historically it has been used as an apartment and therefore the full bathroom but only a half bathroom is legally allowed in any accessory structure and that's usually a garage by code, so that's an issue. MARTIN FINNEGAN : It's simply what was there Leslie, it's an as built so it's CHAIRPERSON WEISMAN : I get it I'm just saying what the code allows. Now the freezer is storage it doesn't matter what you store in there it can be carcasses whatever. That certainly is an appropriate accessory use for the restaurant but beyond storage that's the question whether or not if they wanted and needed an office they could have planned it very easily in the building which they did a monstrous major expensive renovation for. An office in an January 4, 2024 Regular Meeting accessory structure is not only not permitted it isn't really an accessory use that's permitted. We've have many, many on residential properties, people have wanted an office in their garage and every one of them was denied. MARTIN FINNEGAN : Well accessory to what?This isn't a residence this is a restaurant. CHAIRPERSON WEISMAN : I know but I'm saying storage is perfectly valid accessory use in an accessory structure. Whether or not human habitation should be allowed in there as an office is the question and that's what you're asking us to look at. The code says it's not permitted. So in a way yes it's relief but it isn't really a variance it's just it's almost like a Use Variance, in other words we have to say it is permitted. Either we have to overturn the Notice of Disapproval saying it is a permitted use right or we have to say Use Variance, hardship which you know we don't want to go down that road. So I'm just really trying to get into the record the things the Board is looking at and has to consider I'm not making any kind of conclusion. MARTIN FINNEGAN : I understand. CHAIRPERSON WEISMAN : But how was it that the restaurant historically operated without a Suffolk County sanitary code approved slop sink you know a mop sink and a hand sink? MARTIN FINNEGAN : Well as we all know things have been regulated very differently over the years by the Health Department. It was a restaurant that has been in existence for a hundred years and so I can't answer that you have to ask the Health Department why they didn't enforce that at the time but it's certainly what is required now under our regulations and reviews. CHAIRPERSON WEISMAN : Does the ice machine and the mechanicals all that stuff require conditioning, does that have to be conditioned space, does that have to be heated and cooled? MARTIN FINNEGAN : Well I think the way the Building Department is looking at this is, anything other than storage there or whatever has to be approved as it's conditioned space so yes I think there are regulations about making sure I mean with water, pipes all that going in there we need to make sure that it doesn't freeze. MEMBER LEHNERT : Martin, where are the compressors going for the walk-in? MARTIN FINNEGAN : Where are the compressors going for the walk-in? MEMBER LEHNERT : The mechanicals,the walk-in is going to require compressors. MARTIN FINNEGAN : I'm going to let Anthony answer that question. January 4, 2024 Regular Meeting ANTHONY MARTIGNETTI : Hi, I'm sorry I'm not sure if I'm on video or just audio. To answer some of the questions so far, the ground floor of the tower since I bought it we demo'd it but it always has had the refrigeration, the slop sink, both ice machines. When I bought it from BLO that was all in there. It was just always even with the large kitchen that the Old Mill main building used to have it was all whether it was under Suffolk County food approved or not I'm not sure but I've spent the past two and half years going through the legalization of the with them and we got the water approved there. We have the bathroom finally approved, there used to be two bathrooms in there, one I've already ripped out. It seems like the history of it there used to be two actually living apartments in there, one on the third floor one on the second one of which also acted as an office. The upstairs at the Old Mill as Martin well knows we have three bedrooms, one of which I had asked the Building Department to allow me to use as an office and they said absolutely one hundred percent not. You cannot put an office up there, it's zoned residential. So they said put the office in the tower and go back to the Zoning Board and get it legalized. I said oh that sounds like a great idea and that's why we're here because I'm not allowed to have an office on site. We need a place to honestly have the computer systems, a safe, my file cabinets, a place where the bookkeeper can come once a week. The bathroom that's existing that's in there I have no problem taking the shower out, it doesn't need a shower but it certainly being in a different bathroom asking someone that's over there to I don't know if the Old Mill is not even open and they're there in the morning to leave and cross the road I guess that it would be nice to have a bathroom in a building where I'm going to have the office. As for the compressors, this would be conditioned space and the conditioned space would be on the backside, we're going to have a Mitsubishi unit to keep it temperature controlled because we have to have heat in there so any wine, soda, anything liquid that's in there won't freeze. So the walk-in that would keep things cool will have the compressor mounted on the back half facing the large hill behind it as it will have a Mitsubishi split unit system just like we have at the Old Mill itself. If you have any other questions I'm here. MARTIN FINNEGAN : Does that answer your question Rob? MEMBER LEHNERT : Yeah CHAIRPERSON WEISMAN : Let's see if the Board has any other,questions, Pat do you have any comments or questions anything you'd like to add? MEMBER ACAMPORA : No I have nothing to add. CHAIRPERSON WEISMAN : Okay thank you, Eric anything from you? January 4, 2024 Regular Meeting MEMBER DANTES : What I mean I understand that this is a piece of property, is there any legal status that connects the pieces of property as one. I mean I understand the mechanicals and the like the (inaudible) connects the property but is there any legal mechanism that connects the properties to join them together so that they can't be sold separately? MARTIN FINNEGAN : Well in like ownership they always have been and stilh.are. There is no I'm not aware of a covenant or restriction or anything but you know I think your determination certainly have established them as being connected and there's really no way you could neither one of them is a buildable lot in and of itself this lot 4.1 is I don't even know what value it has other than as accessory to the restaurant building. You can't sell off the parcels that provide your water and your sanitary system for the other one so as a practical matter I don't know how it could ever be separated. ANTHONY MARTIGNETTI : I'm more than happy to knowing that they are impossible to sell separately I'm more than happy to have a covenant recognized by the town saying that they are not trying to make (inaudible) parcel of each other and can never be sold separately. I think that I'm more than happy to do that. CHAIRPERSON WEISMAN : Okay, Nick any comments or questions from you? MEMBER PLANAMENTO : As it sort of interrelates but not specific to the use of the tower, in previous hearings the applicant had stated that the Old Mill Inn will not have a kitchen and Martin in your introduction you talked about that the kitchen is not that big of a space. So please clarify, does the Old Mill Inn have a kitchen or no kitchen? MARTIN FINNEGAN : It's a very small kitchen yeah kitchen area in the restaurant area. ANTHONY MARTIGNETTI : I can expand on that if you'd like. CHAIRPERSON WEISMAN : Yes please go ahead. ANTHONY MARTIGNETTI : When I, 1 think it was probably in 2020 that Iapplied to you for explaining what my vision was for the Old Mill, I didn't really know the history of the building I hadn't met many of the old regulars. I didn't know exactly what I wanted to do with it at our first meeting. Over the past few years it's become increasingly I guess evident to me about the place that that building holds in the lives of many of the community members and at first when I was only going to sell oysters and small electric small food that could be done in an electric kitchen like is mentioned in the first zoning application that I put in. I went to the Suffolk County Health Department and they said, well any cooking that you plan on doing whether it's over an electric grill or a anything else has to have a Type I hood so if you were going to do a Type I hood you shouldjust be cooking on propane. So we installed propane January 4,2024 Regular Meeting tanks and we got the Type I hood for exhaust approved and while the kitchen isn't big I have given myself a little bit more leeway as to what it might become in the future. It's probably, going to be eventually more than just oysters and burgers because with all the fisherman that I've gotten to know down there and everything I can't see why we won't eventually have a daily catch and things like that. So that I guess is how the plan has slowly emerged to lean a little bit more towards a restaurant than just a bar. a MEMBER PLANAMENTO : Does that in anyway impact the residential use of the second floor from a sanitary standpoint? MARTIN FINNEGAN : No it's all been approved by the Health Department. MEMBER PLANAMENTO : So the Board of Health approval is for an existing restaurant and the apartment above. MARTIN FINNEGAN : Yep ANTHONY MARTIGNETTI : Yes MEMBER LEHNERT : The only difference would be fire code. MARTIN FINNEGAN : Yep ANTHONY MARTIGNETTI : We've fully rated it fire code with a double zoning. We also have sprinkled all three floors of the main building as well as installed fire doors and everything from the Fire Marshall standpoint and the Building Department is been doing in congruence with a dual zoned building. Restaurant seating and bar seating have the same amount of flow rate anyway so whether you're just in there to have a couple of glasses of beer or whether you're going to have a burger with those glasses of beer to the Health Department it's all the same. MEMBER PLANAMENTO : Another question, does the proposed office use require ADA access or anything?There's a series of stairs and access points that I think ANTHONY MARTIGNETTI : No the office is not required that because it's underneath a certain occupancy. CHAIRPERSON WEISMAN : It's also not open to the public. MEMBER LEHNERT : It's not an assembly space, it wouldn't need it. MEMBER PLANAMENTO : I thought for employees from a standpoint of a bookkeeper has a mobility issue. January 4,2024 Regular Meeting MEMBER DANTES : I think when you get to a certain occupancy the building would have to be ADA compliant for what it is but MEMBER LEHNERT : It's also assembly space. T. A. MCGIVNEY : Where the office currently is there's no office for this space at all? MARTIN FINNEGAN : No T. A. MCGIVNEY : But it says here that you would use the office space for employees use, what MARTIN FINNEGAN : Like he said a bookkeeper, he's an employee of the business so T. A. MCGIVNEY : Okay I was thinking more along the lines of the people that are in the restaurant or something like that. MARTIN FINNEGAN : No, no, no, no. ANTHONY MARTIGNETTI : This would be simply for storage, file cabinets. The three people that would use it would only use it individually. It would be myself, the general manager and the bookkeeper and they would be there at different times. CHAIRPERSON WEISMAN : So it would be administrative personnel only. ANTHONY MARTIGNETTI : Certainly and I want to make it very clear, I have no intention of ever trying to have an employee live there like they used to. I'm not trying to pull the wool over anyone's eyes and keep this as a secret apartment. I wouldn't feel safe anyone even living in there, it's not meant to be lived in. CHAIRPERSON WEISMAN : Okay, anything from anybody else? We covered it all, anything else _ Martin? MARTIN FINNEGAN :That's all I have. CHAIRPERSON WEISMAN : Is there anyone in the audience wanting to address the application? Is there anybody else on Zoom? Okay 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 January 4, 2024 Regular Meeting MEMBER DANTES : Aye MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye, the motion carries. HEARING#7863—TRACY HELLER and MATTHEW GLASSMAN CHAIRPERSON WEISMAN : The next application before the Board is for Tracy Heller and Matthew Glassman #7863. This is a request for a variance from Article XXII Section 280-116A (1) and the Building Inspector's September 25, 2023 Notice of Disapproval based on an application for a permit to construct a dormer addition to.an existing single family dwelling at 1) located less than the minimum code required 100 feet from the top of the bluff located at 4995 Nassau Point Rd. (adj. to Little Peconic Bay) in Cutchogue. MARTIN FINNEGAN : Good morning again everybody, Martin Finnegan 13250 Main Rd. in Mattituck for the applicants Tracy Heller and Matthew Glassman. This is one of those applications that I wish you can convince the Town Board to do something about why you would not have to have a public hearing for. It is fairly very straightforward, we are simply trying to convert two dog house dormers to a shed dormer to deal with kind of a wonky ridiculous bathroom situation. I'll let the picture give you the thousand words about that but it's because of the fact that the footprint of the house lays less than a hundred feet from the top of the bluff and despite the fact that all of the construction is landward of the house and outside of the hundred feet the Building Department has sent us to visit you. I just clearly I can't imagine how this could have any negative detrimental impact on the neighborhood, we're not asking for any significant relief whatsoever. It is technically 30.5% relief but everything as I said is on the front of the house and it's just simply roof construction so it seems insane that we're here but we have to be here for this relief. I'm not going to belabor it, if anybody has any questions I'm happy to address them but I'm confident that the applicant is entitled for relief under the criteria in Section 267 of the town law. CHAIRPERSON WEISMAN : You already have a dormer on there, it's modifying it. MARTIN FINNEGAN : I know. MEMBER LEHNERT : This is the old Baxter property, I know the house real well. January 4,2024 Regular Meeting MARTIN FINNEGAN : Yeah exactly. MEMBER LEHNERT : It's all chopped up inside. MARTIN FINNEGAN : Right, so hopefully the code can be amended to give a little more latitude or discretion to the Building Department. It's unfortunate of the time and expense that has to go for this. MEMBER LEHNERT : (inaudible) open it up that's why you're here. MARTIN FINNEGAN : Yeah exactly so CHAIRPERSON WEISMAN : So my question then is, do you think this is going to need Trustees approval since it's landward? MARTIN FINNEGAN : I don't believe so, there's no ground level of disturbance. CHAIRPERSON WEISMAN : Second story additions that are non-conforming I mean they MARTIN FINNEGAN : I mean if anything it would be administrative. CHAIRPERSON WEISMAN : I would think so. MARTIN FINNEGAN : There's an exception under Chapter 275 for just (inaudible) I believe it would fall under that. CHAIRPERSON .WEISMAN : I guess the Building Department would make a determination if you needed it. I don't have any questions, this is straightforward very simple. Anything from you Eric? MEMBER DANTES : Not at this time. CHAIRPERSON WEISMAN : Pat anything from you? MEMBER ACAMPORA : No questions. CHAIRPERSON WEISMAN : Nick MEMBER PLANAMENTO : No questions. CHAIRPERSON WEISMAN : Rob MEMBER LEHNERT : Nothing January 4, 2024 Regular Meeting CHAIRPERSON WEISMAN : Anyone in the audience who wishes to address the application? Is there anyone 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,the motion carries. HEARING#7860 SE &#7879—BRUCE KIM CHAIRPERSON WEISMAN : The next application before the Board is for Bruce Kim #7860SE. The applicant requests a Special Exception under Article III Section 280-13B (13). The applicant is the owner of the subject property requesting authorization to establish an accessory apartment in an existing accessory structure at 300 Birch Rd. in Southold. Good morning, would you state your name for the record please. BRUCE KIM : Good morning, my name is Bruce Kim I am the owner of the property and it is to be my primary residence in a short period, I'm doing some renovation there at the moment. CHAIRPERSON WEISMAN : We don't have in.our record a lease a rental lease. BRUCE KIM : Oh I did in fact submit that lease so Miss Donna. CHAIRPERSON WEISMAN : Do we have a lease Donna, I don't have anything in my packet. OFFICE ASSISTANT WESTERMANN : It might be in the file if there was. CHAIRPERSON WEISMAN : Does anybody else?Also who do you propose to have in there? BRUCE KIM : It would be a family member, it would be my sister in fact she is here with me today. 1 January 4, 2024 Regular Meeting CHAIRPERSON WEISMAN : So what we also require then and this is easy to get is a proof of relationship. BRUCE KIM : Sure CHAIRPERSON WEISMAN : Birth certificate works, same parents works. BRUCE KIM : Sure would a form of like a statement of letter or an affidavit signed, notarized? CHAIRPERSON WEISMAN :'What do you want Board? MEMBER PLANAMENTO : We normally get a birth certificate no? CHAIRPERSON WEISMAN : We usually do you have a birth certificate handy? BRUCE KIM : We don't have one because neither of us were born in this country but we do have I have citizenship certificate but I don't know if that shows address, I don't know how that would be CHAIRPERSON WEISMAN : No it wouldn't show. BRUCE KIM : That wouldn't establish proof CHAIRPERSON WEISMAN : neither would a passport. MEMBER PLANAMENTO : Birth certificate would. CHAIRPERSON WEISMAN : He doesn't have a birth certificate. MEMBER PLANAMENTO : What about a foreign birth certificate? BRUCE KIM : The certificate of naturalization that I have in possession but I'm not so sure it has any information that would MEMBER PLANAMENTO : Wouldn't your birth certificate show your parentage? BRUCE KIM : I don't have a birth certificate, I wasn't born in this country. MEMBER PLANAMENTO : I don't mean to challenge something but even in foreign countries you have BRUCE KIM : You have a certificate of naturalization or MEMBER PLANAMENTO : In the United States but whatever country you come from you have a birth certificate. 1 January 4,2024 Regular Meeting BRUCE KIM : Oh, oh, oh in the country MEMBER PLANAMENTO : It might be in a different language but it's still a birth certificate. BRUCE KIM : Sure, sure I am not in possession of that document from Seoul, Korea neither is my sister. It doesn't matter I can establish you know (inaudible) my relationship with my sister. CHAIRPERSON WEISMAN : So I think just some submission of a relationship that is credible will be fine. We require that for obvious reasons because anybody can say this is my you know mother in law. MEMBER PLANAMENTO : There was something in the packet though announcing the sister would be tenant, I thought there was a lease. MEMBER LEHNERT : He can send us a copy of the lease that's no problem. BRUCE KIM : I can certainly send that to you right now if you'd like I have my laptop here if I can get Wi-Fi. CHAIRPERSON WEISMAN : You purchased the house in September of last year, 2023. BRUCE KIM : 2023 yes. CHAIRPERSON WEISMAN : It's hard to say last year. So you don't have a tax return yet? BRUCE KIM : I do not you mean for the property. What I did have as the part of purchase I paid the portion that which the previous owner had paid, I think that documentation is , submitted to you. CHAIRPERSON WEISMAN : Well we do have your driver's license with your voter's registration and a notarized of affidavit of principle residency so you're living there year round now. BRUCE KIM : That's correct, yes. CHAIRPERSON WEISMAN : One of the things we have to have is a designated parking plan. I know you have a driveway a gravel driveway kind that you have two front actually you have three front yards. I remember the swimming pool that we granted the applicant to put it in the front yard cause you have three front yards, you're facing three streets. We have to have three parking spaces that are designated two for the principle residence and one for the apartment. So what you might wind up having to do I mean you can't just put that we had another application for a B&B actually that was just a regular driveway, it was pretty good sized driveway but we required that none of the cars actually be in front and in back of each Z January 4,2024 Regular Meeting other so that you have to move them every time somebody wanted to move so what you probably would need would be maybe a modification to your driveway that kind of shows you know maybe put like an elbow on it so you could back up into that. You need three parking spaces designated on a survey. It might mean because your driveway is elevated above your natural grade it slopes away, you might need to do some regrading slightly to do that with a retaining wall. It would be a very low wall, it's not that big a change in elevation. I'm not a driveway person but you know you might want to consult with somebody and figure out how best to accomplish modifying your driveway to get three parking spaces in there. BRUCE KIM : Sure, so should I then have this particular piece be designed and new survey or new design and then submit it to you guys, how does that work? CHAIRPERSON WEISMAN : Well that could take a long time. What we can do is have a look and we can place a condition upon an approval which says, by section by such a date six months from now nine months whatever. MEMBER LEHNERT : He has more than enough property to make it work. CHAIRPERSON WEISMAN : Oh you have plenty of room it's not that it's just that technically this is the kind of application that you either you just have to check all the boxes basically. So that's what we're going through. MEMBER LEHNERT : It's going to take forever to get a survey. CHAIRPERSON WEISMAN : That's what I'm saying we can condition it subject to the submission of an amended survey showing the modification of the driveway to allow three parking spaces on the premises. MEMBER LEHNERT : Or site plan by the architect, any Chuck can do it a licensed professional he can do that. BRUCE KIM : Oh yea, Chuck has been phenomenal by the way. CHAIRPERSON WEISMAN : A licensed design professional, it can be a surveyor, it can be an engineer, it can be an architect. SENIOR OFFICE ASSISTANT SAKARELLOS : Leslie pardon me, are you opening up the variance along with this? CHAIRPERSON WEISMAN : You know what I have a note that I should have done that and I didn't. So let me do that, let me open that so we can talk about them all together. KIM BRUCE : Yeah I meant actually preface the area variances that I'm here for. January.4, 2024 Regular Meeting CHAIRPERSON WEISMAN Alright this is application #7879 also Bruce Kim. Request for variances from Article XXIII Section 280-123 and the Building Inspector's December 8, 2023 Notice of Disapproval based on an application for building permit to construct an addition to an existing accessory structure at 1) a non-conforming building containing a non-conforming use shall not be enlarged, reconstructed, structurally altered or moved unless such building is changed to a conforming use same location 300 Birch Rd. in Southold. That's because you proposed a covered opening. You added on you know rain protection from the front door basically. BRUCE KIM : Yes so what we decided to do as an accessory unit that another entry point was much better for the person that's using that apartment unit. So there is another entry from the back but you have to go through a walkway and kind of go near the main house so we decided to put another entry point for the convenience of the person that will be staying there. CHAIRPERSON WEISMAN : Which is the portico. BRUCE KIM : And of course the covered thing actually just triggered this area variance so we applied for it. CHAIRPERSON WEISMAN : It's a five foot by five foot covered entry which is open on three sides with columns and a roof. BRUCE KIM : That's correct. CHAIRPERSON WEISMAN : Okay, that in my mind would be a very minor variance and if someone is going to live somewhere they might as well live in comfort you know so that they don't get rained on when they're trying to open up their door. This is minor compared to some of the other proposals that want to expand pre-existing non-conforming buildings. I don't have any questions on what you're asking for do you Eric, anything from you? MEMBER DANTES : I do not have any questions at this time. CHAIRPERSON WEISMAN : Pat anything? MEMBER ACAMPORA : No, no questions. CHAIRPERSON WEISMAN : Nick MEMBER PLANAMENTO : Not relative to the variance request but did want to ask about the accessory apartment. Mr. Kim do you own other houses in the area? BRUCE KIM : I do not. January 4, 2024 Regular Meeting MEMBER PLANAMENTO : I thought I had seen an address somewhere on Shelter Island. BRUCE KIM : Yes so I sold that house last year. MEMBER PLANAMENTO : So it was a property that has been sold. BRUCE KIM : That's correct, yes and I'm relocating I'm moving out of Shelter Island and finding a new home in Southold and I'm very much looking forward to it. CHAIRPERSON WEISMAN : Anything from you Rob? MEMBER LEHNERT : No this is a pretty benign application. CHAIRPERSON WEISMAN : Okay so you know that you're going to be submitting some documents to us this affidavit of relationship of some sort. BRUCE KIM : Yes just to be absolutely clear I think the Board is owed documentation of some sort of proof hopefully comprehensive enough that she is in fact my sister. CHAIRPERSON WEISMAN :That's it. BRUCE KIM : Then I think I owe you guys if you guys don't have it possession already a lease. I think that was sent a couple of like a week after the original application was submitted so that might have been the case. OFFICE ASSISTANT WESTERMANN : I have an email in my in the file that shows October that we spoke and it was still being worked on and that's the last I have of it. BRUCE KIM : Okay so I will resend it and CHAIRPERSON WEISMAN : Submit that. BRUCE KIM : And I guess kind of off the record, nice to meet you Donna you've been so very kind to me so thank you. T. A. MCGIVNEY : I just want to ask, if you're going to be renting to your sister for only six months out of the year, what would you be doing when she's not there? BRUCE KIM : Well the thing about my sister is that she will be the use of that apartment will be over a period of one year so she will be here for the summer and then she's here in the spring and at wintertime for holidays as well. So she's just renting it out for the entire year. I can't really carve out certain months and then like rent it out right so T. A. MCGIVNEY : I thought I saw it somewhere that it said just for six months. January 4, 2024 Regular'Meeting MEMBER PLANAMENTO : It said that in the application. It is again the lease is an annual lease, it's meant to be your primary residence. BRUCE KIM : That's correct, yes. MEMBER PLANAMENTO : And where will she be during the periods that she's not there? BRUCE KIM : So she spends partly her time in Seattle and also she will be she does a lot of traveling right so I right now I'm well I am a single father, I have a four and half year old daughter and you know she's since the birth of my child my sister has been an integral part of my family life and this is one of the reasons she come out here and spends so much time with me. So that's how that accessory building would be used because it was really just a game changer for me in terms of the new law that was passed allowing someone like my sister to have her independent sort of dwelling and at the same time be an integral part of the family. It was very nice. CHAIRPERSON WEISMAN : Well you are aware that when your sister is not I hate to do this cause you're the sister and I'm talking as though you are not even in the room, this is not to infantilize you. If you wish to speak for yourself I'm sure your brother wouldn't mind. The point I'm making is that you are aware that it would be'for her sole occupancy, no other person could be occupying that apartment. There's nothing in the law that says how many days she has to occupy it. BRUCE KIM : She will be a single occupant and she is single in a sense that she doesn't have a husband and her son is now thirty three he has his own life. MEMBER PLANAMENTO : I would add that this is a good time to mention it not only for your benefit but for the audience and other people, when you have an accessory apartment you cannot apply for and receive a rental permit on your house. So just to make sure that you're aware of that. BRUCE KIM : Ok MEMBER PLANAMENTO : So you cannot rent your house, you cannot rent the apartment it's a domicile for each of,you individually. BRUCE KIM : So you mean the accessory building itself or the entire house? MEMBER PLANAMENTO : The house that live in cannot be rented, her apartment is rented to her but that's meant for her only. BRUCE KIM : That's correct yea. I have a question, could the house as a property be rented? January 4, 2024 Regular Meeting CHAIRPERSON WEISMAN : Not when you have an accessory apartment. The code is clear, it's trying to say you can't do three or four or five different things with your property. If you want an apartment fine, the idea was to make some affordable arrangements for a family member or someone who is on the town's registry for qualifying for an affordable rental. Then you would be restricting the amount you could rent it for. In the case of a family member it's up to you and your family member what you want to rent it for. BRUCE KIM : To me this is economics anyway. MEMBER PLANAMENTO : But it does limit you so that you cannot rent your house. CHAIRPERSON WEISMAN : You couldn't establish a bed and breakfast in your house, you couldn't have your sister in the apartment and then you say I'm going to go'on holiday for a month so I'm going to rent my house out and make some more money. BRUCE KIM : That's correct. CHAIRPERSON WEISMAN : That doesn't work. BRUCE KIM : I live there so I'm going to need that house. CHAIRPERSON WEISMAN : It's better to just state these things in the beginning because most people don't know the code why would they, the only time they bother with it is when you had to come before the Zoning Board to find out why you couldn't do what you wanted to do. So this is just part of public information that's all. MEMBER PLANAMENTO : One other thing not to be too repetitive, if and when your sister choses no longer to live there if you don't renew a lease to her it must be for a family member or somebody as Leslie mentioned someone who qualifies from the affordable housing registry. So you just can't rent it at market rate and BRUCE KIM : Fully aware of that. CHAIRPERSON WEISMAN : Is there anyone in the audience who wants to address the application? Is there anybody on Zoom Liz? I will close these one at a time. I'm going to make a motion to close the variance application which is #7879 reserve decision to a later date. Is there a second? MEMBER LEHNERT : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye January 4, 2024 Regular Meeting MEMBER DANTES : Aye MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye. Motion to close the Special Exception application #7860SE for the proposed accessory apartment subject to receipt of some sort of documentation of familial relationship,between brother and sister and the receipt of a lease for the tenant signed by both of you. MEMBER PLANAMENTO : Also the updated survey or site plan. CHAIRPERSON WEISMAN : That will be a condition because they'll be waiting here for typically when we have hearings we try very hard to have a decision at our next meeting we meet twice a month and that would be two weeks from today. It's an open meeting, we have a draft prepared, we discussed it before the public. You can'come in person or you can Zoom in and listen to us but the decision will be mailed to you anyway. You can call the office the next day and say what happened that's entirely up to you. We make all decisions before the public. BRUCE KIM : I apologize, so the decision will be announced at the next meeting? CHAIRPERSON WEISMAN : Yeah we have sixty two days and unless we are profoundly backlogged we have so many applications we really work hard to get them done at the next meeting cause then we have another batch. KIM BRUCE : Can be as early as next meeting. CHAIRPERSON WEISMAN : Yes it would be two weeks from today. Okay is'there anything else from anybody? MEMBER DANTES : We just need a lease and CHAIRPERSON WEISMAN : Yeah I think I just made the motion to close it subject to receipt of did somebody second it? MEMBER PLANAMENTO : Second CHAIRPERSON WEISMAN : All in.favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye January 4, 2024 Regular Meeting MEMBER LEHNERT :Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye. HEARING#7868 SE—EDWIN J. PISANI CHAIRPERSON WEISMAN : The next application is for Edwin Pisani #7868SE. The applicant requests a Special Exception under Article III Section 280-13B (13). The applicant is owner of the subject property requesting authorization to establish an accessory apartment in an existing accessory structure at 7180 Peconic Bay Blvd. in Laurel. MARTIN FINNEGAN : Good morning Martin Finnegan 13250 Main Rd. Mattituck for the applicants. Here we go again, you will recall this application. Somehow we got a little off the rails with the prior proposal which was to expand the footprint slightly to accommodate the apartment The plans have now been revised to confine the livable floor area of the apartment to the footprint of the existing garage.,I think the sole basis really for the denial of the original application was that and honestly my misunderstanding of how the Board was going to handle that. I still believe that you have the authority to vary that but apparently you feel you don't. I would like to incorporate by reference the submissions that were made in application 7834 Special Exception which included I believe the Board has received the lease agreement between my client and his daughter, you have the revised plans. Just to address the criteria the C.O. for the existing garage, the project does contemplate an addition that would create a new garage for that storage space. We have a 399 sq. ft. accessory apartment although Mike came back and said 411 sq.ft. CHAIRPERSON WEISMAN : So what is it? MARTIN FINNEGAN : Well Mike rules so it's 411. CHAIRPERSON WEISMAN : It's still conforming either way but I hate it when there's inconsistencies like that. MARTIN FINNEGAN : I can double check the plans but it's approximately 400 sq. ft. We do have the three parking spaces, only one apartment and a separate sanitary system will be installed. I believe that we have established also that my client owns and occupies the home itself for his principle use. With that I know we've been down this before I don't want to January 4, 2024 Regular Meeting belabor it. The concerns of the Board have been addressed and I would ask that you issue a determination granting the Special Exception for the accessory apartment. CHAIRPERSON WEISMAN : I just have one question which is the question I had previously when we looked at this originally, this is for one person a daughter, now the code does allow two bedrooms but this is a pretty small apartment. There is absolutely no living space in here. There is a kitchenette there is not even a kitchen. I know what these Dwyer kitchen or (inaudible) I mean there's all different brands of these you know sort of pre-made slide in they're usually used in like kitchens for an employee lounge or something like that, they're very minimum. Nobody who lives in an apartment year round would necessarily want to have something so basic and so minimal. Secondly, why two bedrooms and why not a living space with a bedroom? MARTIN FINNEGAN : I think that it could be a bedroom cause she has children but the it meets the definition of an apartment. I don't know why it's an issue honestly. It has a kitchen it has living quarters. CHAIRPERSON WEISMAN : Because basically it looks like guest quarters who would then be going you know making coffee and then sleeping there and then going into the house you know to socialize with their friends. MARTIN FINNEGAN : I think she's going to go into the house because it's her father's house and you know part of this is to be able to have space for her to live in independently but also be able to you know assist her father as he ages and take of him. So I think when the code requires that you only rent to a family member it's kind of ridiculous to think that the family member is never going to go into the house. CHAIRPERSON WEISMAN : I'm not suggesting that for a moment but I'm saying that when we look at these we really have to scrutinize what's being proposed and most,people would not want I mean they would use that second bedroom as a den or whatever you want to you know what I'm saying? MARTIN FINNEGAN : They probably will I don't know, I think it was just designed that way for you know to have extra living room. I don't really know that there was a reason for it beyond it just the way that Mark designed it for them and it certainly is a usable living space. So the floor plan of it CHAIRPERSON WEISMAN : Do you know if she's going to be living there permanently, year round? January 4, 2024 Regular Meeting MARTIN FINNEGAN : I believe so, I believe as I said I think this is contemplated to be able to have a place for her to live and also be able to be a caregiver you know if need be for her parents. T. A. MCGIVNEY : Martin you say she has children, how many children? MARTIN FINNEGAN : I don't know. T. A. MCGIVNEY : Oh do they live with her? MARTIN FINNEGAN : I don't know. MEMBER PLANAMENTO : What is the occupants age? MARTIN FINNEGAN : The occupants age? MEMBER PLANAMENTO : The proposed occupant of the apartment? MEMBER DANTES : It says born in 1982 on the birth certificate so 41. T. A. MCGIVNEY : They would be young children. MEMBER DANTES : It didn't say anything about children of hers. CHAIRPERSON WEISMAN : Well typically when Mark designs something he would speak to the client and find out what they need, maybe that other bedroom is for children. MARTIN FINNEGAN : Again it's an apartment by code definition and I think that you know it satisfies all the other criteria, there's a lease, it's not so I think that we've checked off the boxes here. CHAIRPERSON WEISMAN : Okay, Eric anything? MEMBER DANTES : I do not have any questions. CHAIRPERSON WEISMAN : Pat anything from you? j MEMBER ACAMPORA : No questions. CHAIRPERSON WEISMAN : Nick MEMBER PLANAMENTO : One sort of just general more towards our Board than the applicant, the previous applicant the Kim's had this 5 x 5 addition covered entry, here the applicant proposes like a shed covered entry without pillars supporting it. Why would they need the variance and we don't have this ever cited for a variance for the January 4,2024 Regular Meeting CHAIRPERSON WEISMAN : It's the Building Department's determination. MEMBER PLANAMENTO : It's so strange when you have two hearings back to back CHAIRPERSON WEISMAN : Once you put columns on its touching the ground and it becomes a structure. MEMBER PLANAMENTO But we've often had where people have overhangs or things cantilevered but also present MARTIN FINNEGAN :There's also a dimensional thing Nick, I think if it's bigger than a CHAIRPERSON WEISMAN : a landing MARTIN FINNEGAN : there's a size MEMBER LEHNERT : You're allowed to have almost a landing size. MARTIN FINNEGAN : It's a little bigger than that. MEMBER LEHNERT : Leslie is right,the columns make it a structure. MEMBER DANTES :The landing is 3 x 3 the other one had a 5 x 5. CHAIRPERSON WEISMAN : Plus the columns as I said. MEMBER PLANAMENTO : But it just seems as a Board I mean CHAIRPERSON WEISMAN : Well that's something we need to take up with the Building Department it's not us. MARTIN FINNEGAN : I just have a question, why is why can you not accept testimony or an affidavit from somebody as to their relationship? CHAIRPERSON WEISMAN : We can. MARTIN FINNEGAN : You need to have a birth certificate? CHAIRPERSON WEISMAN : Because it's more creditable. I've had plenty of people swear you know before a notary public and come to discover later that the testimony they gave to the notary public was not creditable. It's called perjury I think. MARTIN FINNEGAN : Yes January 4, 2024 Regular Meeting CHAIRPERSON WEISMAN : People perjure themselves when they want something badly you know. Sorry,to be so skeptical but after twenty years I will go on the public record saying people are not always forthcoming. MEMBER DANTES : I think the answer is it's abetter job. MEMBER LEHNERT : Outside of the rare case like the last hearing a birth certificate is easy to get. MARTIN FINNEGAN : Yeah CHAIRPERSON WEISMAN : It's like a tax return (inaudible). MARTIN FINNEGAN : I'm just concerned that those things become public record. I would hope that the Board is careful about how they CHAIRPERSON WEISMAN : We are and we assume truthfulness but we have on occasion that not be the case so we try to do for actually property owners benefit as well. These are not hard documents to come by if you're legit and you know it's your kid you're going to have a birth certificate. MARTIN FINNEGAN : Agreed CHAIRPERSON ' WEISMAN You'll have tax returns and some people will have STAR exemptions and some won't, based on their income. So we try to get as much documentation into the record as possible. Is it`full proof, of course not anybody can do an end run around anything if they're clever enough but we try and make it as legitimate as possible so that's why. Okay so did I make a motion yet, I don't think so. 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 January 4, 2024 Regular Meeting HEARING#7861 SE—SEAN and CATHARINE NORRIS CHAIRPERSON WEISMAN : The next application before the Board is for Sean and Catharine Norris #7861SE. The applicants request a Special Exception under Article III Section 280-13B (14). The applicants are the owners requesting authorization to establish an accessory bed and breakfast accessory and incidental to the residential occupancy in this single family dwelling with one (1) bedroom for lodging and serving of breakfast to the B&B casual transient roomers. Located at 30325 Main Rd. in Cutchogue. Hi, how are you, Happy New Year. So you're looking to establish a one bedroom bed and breakfast. As you know we've done an interior inspection, the plans you submitted seem to be corroborated by what we saw firsthand. We have in the record a voter's registration for Catherine right and Sean. We see that there are three on-site parking spaces available, we have a.joint tax return, a National Grid bill, Suffolk County water bill, both driver's licenses, STAR registration and what else. You have children? SEAN NORRIS : Two daughters. CHAIRPERSON WEISMAN : They live with you, in school? Okay, are there any guest spaces proposed I mean someplace for somebody to sit you know who's a guest other than within your general family space? SEAN NORRIS : In addition to that space? CHAIRPERSON WEISMAN : In addition to the bedroom. SEAN NORRIS : I would figure that if we're not renting it for bed and breakfast purposes we could put a guest in there still. CHAIRPERSON WEISMAN : Oh yeah you could as long as it's not a rental sure you could. SEAN NORRIS : We'll block out dates when we know that family is coming and things like that. CHAIRPERSON WEISMAN : Oh yea absolutely. SEAN NORRIS : It's going to function as both. T. A. MCGIVNEY : Can I just go back, Leslie you said that the site inspection and the layout is what it is, there's three bedrooms on the second floor one of which would be the guest? SEAN NORRIS : There are four. T. A. MCGIVNEY : Four, okay I just wanted to make sure that the record has whatever you saw on the site inspection is actually that they will be the same second floor as your family. January 4, 2024 Regular Meeting SEAN NORRIS : Yes MEMBER LEHNERT : There's also an exterior access, I'm guessing you're going to use that for guests when they're there. SEAN NORRIS : That's right yeah they have their own stairway a balcony that's right outside of the guest room so that's how they'll enter and exit and then there obviously a door into the rest of the house to come and get breakfast and things like that but they have their own entrance and exit. MEMBER PLANAMENTO : Did you just say that the future proposed guest will have access to the house so they're going to use the living space also? SEAN NORRIS : We can certainly serve them breakfast if they want to come down we can also serve them breakfast down in our kitchen area but we haven't quite established that how we're going to handle that yet. We do have a doorway into the rest of the house that has it's also from my understanding for fire exit for emergency. For some reason if the balcony was on fire they can come out through the rest of the house. MEMBER LEHNERT : That's code. CHAIRPERSON WEISMAN : Well typically I mean some people do apply for just one bedroom depending on the size of their house that's not unusual but usually people apply for two or three if they have a large home and their kids have gone off to college or whatever. In that situation we would typically say what are your private family quarters and what areas do the guests have access too?They just draw it by hand on the floor plan but when it's something as modes as this you know it's like a bed sit you know people can just come and have breakfast. MEMBER LEHNERT : Didn't we do one bedroom down the road? CHAIRPERSON WEISMAN : We did. MEMBER PLANAMENTO : Did you say you have children,two daughters? SEAN NORRIS : Two daughters yep. When you were in the house, those who came you go up the stairs and the stair split, our family is basically on the right side and the guest space is on the left side. It's pretty nicely divided up there. MEMBER PLANAMENTO : I'm apologize if I kept you waiting, I never showed up. It's the one time I accidentally didn't make an inspection so sorry. SEAN NORRIS : No problem at all. January 4,2024 Regular Meeting CHAIRPERSON WEISMAN : It's just like the floor plan it's so nice when that happens. Alright, I don't have any further questions. Anything from any Board Member? MEMBER ACAMPORA : No CHAIRPERSON WEISMAN : Is there anybody on Zoom? Is there anybody in the audience comments or questions? Okay motion to close the hearing reserve decision to a later date. We should have a decision at our next meeting in two weeks which will be over in the bank building upstairs. You can listen in on Zoom if you want, we just have a whole bunch of decisions we go through and vote on and we have drafts prepared in advance that we can all look at, read and make sure that they're all okay. You're welcome to join us in person or on Zoom or just call the office the next day it will be mailed to you anyway. MEMBER PLANAMENTO : I'll second that. CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye HEARING#7862 SE—ANDREA TESE/800 JACKSON STREET, LLC CHAIRPERSON WEISMAN : The next application before the Board is for Andrea Tese/800 Jackson St., LLC #7862SE. The applicant requests a Special Exception under Article III Section 280-13B (13). The.applicant is owner of the subject property requesting authorization to establish an accessory apartment in an existing accessory structure at 800 Jackson St. (adj. to the Great Peconic Bay) in New Suffolk. ANTHONY PORTILLO : Good morning, Anthony Portillo Architect, AMP Architecture. CHAIRPERSON WEISMAN : We got an LWRP consistency submission the other day and as you know we've all been out to the property and inspected it. There's certainly enough parking, it's a really big driveway.There's no expansion of the footprint. We got an affidavit of full time January 4, 2024 Regular Meeting principle residency in our record. We have a driver's license, STAR registration, voter registration, electric bill, a notarized statement that the tenant Matthew Warwick is married to the applicant's sister Lauren. There is a Certificate of Marriage in the record and a lease agreement. Now this is all on the first floor of the building, storage is proposed on the second floor. We have a full interior staircase cause that's how it was. ANTHONY PORTILLO : We're leaving the existing stair that goes to the attic storage. There's no access from the apartment nor is it really possible because I think you can it's going to be very difficult to really add a door in that bedroom. I mean there's no plans on this I'm just stating that as I don't think it's really feasible to really do that down the road or illegally. So the idea is to have that exterior access to the storage in the attic space which is basically how they're using it now which I'm sure you saw on your site visit. I think it would maintain that same sort of use and then there's that small little storage room proposed again with just exterior access and the propane tanks that are currently there would remain and maybe just like beach. The idea was I think just to put stuff in there from the beach they can put in that little room. CHAIRPERSON WEISMAN : So the apartment is conforming at 678 sq.,ft. of livable floor area. ANTHONY PORTILLO : I mean design wise we sort of utilized the existing garage doors as a place to put in nice French doors that's how you can kind of access it and also a nice space to the outside. They have a great lawn to look at. An IA system proposed and it has been filed not approved yet but basically will go into that yard there across the driveway just for this structure. CHAIRPERSON WEISMAN : Do you know whether the tenant the proposed tenant is going to be living there year round or ANTHONY PORTILLO : I don't believe it's a year round, it'll be a year round lease it just won't be there'll be utilizing it periodically I think like definitely summers from my understand, probably spring and fall but more in the winter might be just holiday type use. Andrea is there full time when she's not traveling but that is her main residence. There's also a nurse's aide there, the father I think also uses that main dwelling as well, the mother died that's my understanding. CHAIRPERSON WEISMAN : So the LLC she is the principle in the LLC? ANTHONY PORTILLO : That's correct and the sister is a member of the LLC. CHAIRPERSON WEISMAN : This is getting too far into the intimate details of relationships perhaps but is there January 4, 2024 Regular Meeting ANTHONY PORTILLO : The mother was a part of it as well before she passed. CHAIRPERSON WEISMAN : So it was the three woman, the mother the daughters were the LLC? ANTHONY PORTILLO : That's correct, it's Andrea and her sister are the (inaudible). We provided that paperwork. MEMBER PLANAMENTO : Anthony, a question that might be obvious, it's such a beautiful property to begin with it's an attractive looking garage structure, a house of that scale I think should have a garage and there's plenty of room to build a garage in the future but why would you not put the apartment on the second floor and maintain the garage other than perhaps ; ANTHONY PORTILLO : So she really had this vision her and her sister I guess had this vision of like this sort of like open space that can kind of be outside like kind of this garden type apartment and that's sort of where this decision came from to have this large glass looking out to the yard. The problem with this garage was stated by Andrea I mean there could be future plans I mean we talked about a possible accessory building, it's the distance to the house like it's really CHAIRPERSON WEISMAN : Really far. ANTHONY PORTILLO : So this is where that decision was sort of made, let's use this for the sister and the husband and then I think her plan is eventually to do some sort of accessory garage whether it's attached or detached to the house. CHAIRPERSON WEISMAN : So is this going to be used by her sister as well as ANTHONY PORTILLO : They'll be staying there together. I'm not sure how many kids but Andrea mentioned to me that they have cousins and kids so that main dwelling does have a lot of people at time utilizing it. So when it's not just Andrea when you know obviously because of the location it's a big summer house for their family so she did mention that to me that there could be ten people in the house at one time so that's the reason that the sister is hey I want my own space I don't want to be in the house. CHAIRPERSON WEISMAN : Well Lauren and Matthew and their family will be occupying this ANTHONY PORTILLO : Possibly or the kids may stay in the main house. The idea is that it's for the sister. January 4, 2024 Regular Meeting MEMBER PLANAMENTO : That sounds more like a guest house than an accessory apartment. The intent as I understand is that it should be rented to somebody as a full time residence as an affordable CHAIRPERSON WEISMAN : I know ANTHONY PORTILLO : She will be renting it from the LLC as part of the lease. CHAIRPERSON WEISMAN : No, no we understand that, well you know you're not the first person who stood before us and basically presented a possibility of family members of coming and going. What we're hearing more and more of and it's not specific to your application but people want to use these are family residences with people coming and going throughout the year or for vacations or whatever, overflow for family members and that was never the spirit or the intent of the code it just wasn't. Perhaps the code ought to be changed you know, I mean it might be outdated at this point. ANTHONY PORTILLO : Perhaps because of the age of the two women the idea is that this is like their primary residence and that they will be there probably more than at their other residence but they do have another residence so. T. A. MCGIVNEY : Where is the other one? ANTHONY PORTILLO : I believe it's in Manhattan. I'm not sure of the sister I believe it's Manhattan from the record. CHAIRPERSON WEISMAN : Is that for both of them, do they live separately in Manhattan? ANTHONY PORTILLO : No, no Andrea like I said is there most of her life I mean she lives there but she travels. CHAIRPERSON WEISMAN :Okay so it's the sister who has a place in the city. MEMBER PLANAMENTO : Anthony she also owns the restaurant or is that the sister? Am I confusing this? CHAIRPERSON WEISMAN : The Minnow ANTHONY PORTILLO : Oh I'm not aware of that, Andrea does? Oh she just purchased it right? CHAIRPERSON WEISMAN : I think she also purchased Legends. MEMBER ACAMPORA : Purchased Legends also. January 4, 2024 Regular Meeting ANTHONY PORTILLO : That's right. She was actually talking to me about they might be wanting to do some stuff. T. A. MCGIVNEY : Is this the main house or the sister that's in the apartment? ANTHONY PORTILLO : Andrea 1 CHAIRPERSON WEISMAN : The one that lives in the main house is now going to be running two restaurants. ANTHONY PORTILLO : I think she's been there a while too like old time,Andrea. T. A. MCGIVNEY : Anthony can you just explain to me why on your plans on (inaudible) 02 you have a first floor demolition plan, a second floor demolition plan, is that just a term that you're using for what's being done to interior or ANTHONY PORTILLO : Oh it's just a changing of the windows on the second floor, we're just changing out those windows. T. A. MCGIVNEY : But why is it called a demolition plan? ANTHONY PORTILLO : We'll removing the windows, we're just showing that as the demo portion. CHAIRPERSON WEISMAN : What you are removing is demolition. ANTHONY PORTILLO :Just removing those windows it's showing dotted line in the demo plan. T. A. MCGIVNEY : So minor. CHAIRPERSON WEISMAN : Okay any questions Eric? MEMBEEt,DANTES : No CHAIRPERSON WEISMAN : Pat anything from you? MEMBER ACAMPORA : No, we did mention about the LLC correct? CHAIRPERSON WEISMAN : Yep we did, so it's one of the members there's two sisters that are the LLC now and it's one of the sisters. Anything from you Rob or Nick? MEMBER PLANAMENTO : No 41F January 4, 2024 Regular Meeting CHAIRPERSON WEISMAN : Anyone in the audience wanting to address the application? Is there anybody on Zoom Liz? Okay I'm going to make a motion to close the hearing reserve decision to a later date. Is there a second? MEMBER LEHNERT : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye HEARING#7865 SE &7870—SHARON NASSI/15105 OREGON RD. LLC CHAIRPERSON WEISMAN : We have two applications the next two that interrelated, one is a Special Exception request for a bed and breakfast and the other is a variance request for deer fencing so I'm going to open up both of those at the same time. The first one is Sharon Nassi/15105 Oregon Rd. LLC #7865SE. The applicants request a special exception under Article III Section 280-13B (14). The applicant is the owner requesting authorization to establish an accessory bed and breakfast accessory and incidental to the residential occupancy in this single family dwelling with five (5) bedrooms for lodging and serving of breakfast to the bed and breakfast casual transient roomers located at 15105 Oregon Rd. in Cutchogue. The second application related is Sharon Nassi/15105 Oregon Rd. LLC #7870. This is a request for a variance from Article XXII Section 280-105C (3) and the Building Inspector's October 4, 2023 Notice of Disapproval based on an application for a permit to legalize an "as built" deer fence at 1) located in the front yard is not a permitted use. Please state your name for the record please. SHARON NASSI : Sharon Nassi CHAIRPERSON WEISMAN : Let's start with I guess we'll start with the bed and breakfast proposal. There's a couple of things in the application for a bed and breakfast that we require that are not they haven't been submitted. One is you're going to need seven designated January 4, 2024 Regular Meeting parking spaces one for each of the bedrooms and two for the principle use. I know you have a big driveway we've been there but we have to have it shown on either a site plan or a survey. The drawings we got were so tiny that my aging eyes and a magnifying glass maybe I can figure out what they were saying. The plans also typically when you have that many proposed guest rooms the applicants will show on their floor plans this is private family space and this is for the public the guests who are visiting and in this case there's like one bedroom over there designated as yours and that's it. SHARON NASSI : Okay there's a closet as well. CHAIRPERSON WEISMAN : Where are you going to hang out the kitchen? There's a den there but we were told that that's available for everybody and anything. SHARON NASSI : Right CHAIRPERSON WEISMAN : We know that you are the owner of an LLC this now is your name how does that work cause we are not authorized to issue bed and breakfast permits to LI-Cs, they have to be the principle residency of an identifiable person: SHARON NASSI : So the house is just in my name not an LLC. CHAIRPERSON WEISMAN : Okay that was changed. What do you plan to have there? SHARON NASSI : I'm a dietician I have been for over twenty years and I've done you know home cooking for people and things like that and this has always been my dream to have a house that I could invite guests and do kind of a farm to table style incorporating my wellness and everything for people so I wanted to be able to I've met with some local farmers and just provide you know starting with just a breakfast,for guests. CHAIRPERSON WEISMAN : Well when you say starting with do you have future plans SHARON NASSI : No I'm like that'starting their day with that and I have no desire to be a full chef and turn into a restaurant or something but just kind of part of my practice has always been, if you start your day off right you're much more successful so if I can integrate that with people. 1 CHAIRPERSON WEISMAN : Do you have a C.O. or a permit for the swimming pool? SHARON NASSI : Yes CHAIRPERSON WEISMAN : We didn't seem to get that I don't think unless I missed it which is possible. Your driver's license shows a New York City address. January 4,2024 Regular Meeting SHARON NASSI ': Yeah I just haven't changed it. I can go do that and take care of that. My voter's registration is updated. CHAIRPERSON WEISMAN : I see I got notes February 17th LLC was transferred the ownership SHARON NASSI : Last year CHAIRPERSON WEISMAN : Okay, we got a 2022 tax return, joint return. That's Gregg Nassi and Sharon Richter SHARON NASSI : Nassi, yes. CHAIRPERSON WEISMAN : PSEG bill, we have I think a voter's-registration form for you, did you get the actual registration yet? SHARON NASSI : I think I'm not sure I don't honestly remember. I know it's all submitted. CHAIRPERSON WEISMAN (inaudible) Eric, we were looking at that earlier the voter's registration weren't you or was it somebody else? So are you going to continue to you know maintain your New York City residence? SHARON NASSI : No CHAIRPERSON WEISMAN : So out here full time? SHARON NASSI : Yes T. A. MCGIVNEY : Do you have a family? SHARON NASSI : I do I have three children and my parents take care of them. My parents live two blocks away and T. A. MCGIVNEY : In Cutchogue? SHARON NASSI : Manhattan T. A. MCGIVNEY : What about Cutchogue,'where do your children stay in Cutchogue? SHARON NASSI My children stay in Manhattan, my parents take care of them and my husband. CHAIRPERSON WEISMAN : Okay so they're in the city. SHARON NASSI : Yes January 4, 2024 Regular Meeting CHAIRPERSON WEISMAN : Okay because when people have families we generally say well you're going to need to have a designated room for your kids you know. T. A. MCGIVNEY : So you have no intention of having your children out to SHARON NASSI : They come you know out on weekends sometimes but not so frequently.'In the summer for a little bit they're away from us the summers they go to camps and they're gone for eight weeks. CHAIRPERSON WEISMAN : Rob any questions? MEMBER LEHNERT : Not at the moment but one might arise. CHAIRPERSON WEISMAN : How about you Nick, anything that comes to mind at the moment? MEMBER PLANAMENTO : Well the big thing for me was the children that was something that you know we've had people even the earlier application where they have two children with designated bedrooms for each child, I think it's a little strange for a family to be separated this way but it's not my�choice I suppose that's your choice. SHARON NASSI : It's a personal thing what's going on in my family but when my children do visit I would intend to at that time not rent out all the rooms so I'll make it available that they can use one of the rooms if necessary. MEMBER PLANAMENTO : The address of East 79th St. is where the children live, SHARON NASSI : Yes MEMBER PLANAMENTO : and then your parents live a couple of blocks away. SHARON NASSI : 75th MEMBER PLANAMENTO : Where does your husband live? SHARON NASSI : 79th St. MEMBER PLANAMENTO : At East 79th St. SHARON NASSI : Correct CHAIRPERSON WEISMAN : So they're living with their father. SHARON NASSI : Correct 451 January 4, 2024 Regular Meeting MEMBER PLANAMENTO : You had mentioned that you are a registered dietician, do you have a practice in New York City? SHARON NASSI : I have a practice it's all virtual, since COVID it's gone completely telemedicine MEMBER PLANAMENTO : So you don't have to be in an office at all in New York? SHARON NASSI : No T. A. MCGIVNEY : Where will your office be here? SHARON NASSI : I can literally do it from a room, it's Zooming on a computer. It's a small practice I see a few clients. T. A. MCGIVNEY : The application said that it's actively being farmed, what is it actively being farmed for? SHARON NASSI : So we have grapes. T. A. MCGIVNEY : That you're actively SHARON NASSI : There are T. A. MCGIVNEY : harvesting and sending them out for something? SHARON NASSI : They.haven't been sent out yet, they're growing they're about a year old. That leads to the deer fence proposal. CHAIRPERSON WEISMAN : You seen to have three front yards which is a problem if you're trying to do deer fencing. In order to qualify for deer fencing which many neighbors around have done, you have to be a bona fide AG operation in agricultural production. You're not quite there yet, you might have future plans to do something with those grapes but right now the Board sees it as landscaping. SHARON NASSI : I have five thousand vines planted now, I lost more than half of them last year because of the deer so it's kind of a chicken and egg situation. It's difficult for us to grow them and the deer keep attacking them you know a new thing for me. I don't know if there's a better solution. MEMBER PLANAMENTO : Usually if and when the Board grants you're allowed by right to have a deer fence with a building permit in the rear yard location which your lot is encumbered with three front yards so it's a problem, typically if and when it's granted and I January 4,2024 Regular Meeting can only think of one the house on Hortons Lane in Southold it needs to meet the minimum front yard setback. So I believe for your lot size it's sixty feet. CHAIRPERSON WEISMAN : It's a big setback cause it's a big property. MEMBER PLANAMENTO : It's a residential property it's not I mean from a I suppose anyone can plant anything and if you have five acres of basil that's very different than five acres of corn I don't know how a vineyard fits in there but from a town standpoint I think to be a vineyard you need to have ten acres in production. So it's really a residence and maybe a hobby. MEMBER DANTES : (inaudible) CHAIRPERSON WEISMAN : We can do unless the Board has any more questions at the moment we can let the public address MEMBER LEHNERT : Just an observation, this application sounds more like a business than the typical B&B that we grant where a family lives there and it's just an accessory. ,CHAIRPERSON WEISMAN : Yea, well you know the spirit and intent of the bed and breakfast code which we've discussed a couple of times was essentially put into place anticipating that there were a lot of large Victorian homes around here many of them on Main Rd. and the family owned it, the kids grew up and went off to college or whatever and there's a couple of extra bedrooms and the idea is somebody lives there and they've got some extra bedrooms and if it's in a residential zone and it's also permitted in an AG zone cause residences are permitted there that they would be allowed by review of the Board of Appeals to open up those bedrooms to guests just for breakfast and overnight accommodation. I have to say, we have information related to is your husband's business in the city and we have checked that website and indeed he's a very successful commercial developer and he's included in those commercial properties photographs of this dwelling. Therefore it appears that it was always intended to be a commercial endeavor rather than a family home. SHARON NASSI : (inaudible) my previous home that I lived in during COVID etc. was in Bridgehampton and he also built that.That's kind of part of and I lived in that for a long time. MEMBER PLANAMENTO : Is this a property that you still own or this is something that's been sold? SHARON NASSI : I don't it's been sold I don't live there. CHAIRPERSON WEISMAN : The Board is keeping an opened mind but the whole idea is to get everything into the record so that we can explore all the circumstances. Let me see if there's 4 January 4, 2024 Regular Meeting anyone in the audience who wants to address the application. How about whoever is closest to the mic goes first. MEMBER PLANAMENTO : Leslie just before, was the or I should maybe ask Kim, is the applicant aware of the letters of objection that we received? BOARD SECRETARY FUENTES : We just received them like yesterday. CHAIRPERSON WEISMAN : I imagine that's what you're about to hear anyway. SHARON NASSI : No we are not aware. CHAIRPERSON WEISMAN : We had two letters of objection from neighbors and this may if it's not entered into the record by the public I will read it into the record and make sure you get a copy. SHARON NASSI :Thank you. DEBORAH OLSEN : Hi, good morning and Happy New York. I am Deborah Olsen, Debbie and a person in my capacity as a Trustee of the Olsen Family 2020 Trust that owns the property located.at 14995 Oregon Rd. in Cutchogue, the property is contiguous to the property that is the subject of the matter. We own our property is thirteen plus acres. I and other property owners in the Oregon neighborhood have some significant concerns regarding the proposed permit to operate a B&B on the subject property. We are primarily concerned regarding the impact that the proposed operation will have on the environment including increased traffic given the transient nature of the operation of a B&B. We respectfully assert that the proposed operation is inconsistent with the current residential and agricultural nature of Oregon Rd. Based upon information and belief we understand that the current owner of the subject property has been unsuccessful in attempts to either sell the subject property or to rent it in compliance with the existing rental rules and regulations. Furthermore and also based on information and belief we understand that the current owner has not maintained the property as the current owners residence and will likely not do so under the current plan which we understand is a fundamental requirement for operating a B&B. When the Trust considered the acquisition and ultimately acquired our property we relied on the existing zoning and related use requirements for property in the Oregon Rd. neighborhood. We along with other current neighbors of the subject property believe that the operation of the subject property as a B&B with transient cliental is inconsistent with the existing uses of Oregon Rd. properties and will significantly, negatively alter the private residential and agricultural atmosphere of the Oregon Rd. neighborhood. If I could just take one more moment of your time I'd like to just share my personal thought because that was a conglomeration of several people. Wayne and I, my husband and I are in our late sixties, although not native North January 4, 2024 Regular Meeting Forkers we are native Long Islanders, we've never lived in the city, we grew up here, we lived here we come from small towns in Nassau County. I grew up in Carle Place which was also a farming community when I was growing up in fact I went to school with the Rockamps who are farmers out here. We've been loving Oregon Rd. for years and finally realized our dream of owning property on the road. Most importantly to preserve it and protect it from developers. We bought thirteen acres and we built a very modest home on it and my husband finally has his dream garage. The rest of the property most of the thirteen acres are untouched and will remain untouched forever. We are just a few weeks shy of completion. I have my dream of sitting on my front porch looking at Leib's Vineyards and Wayne has his dream garage. We thought with thirteen plus acres we'd have privacy. Imagine turning the corner on Bridge Lane and on Oregon Rd. a concrete structure with a massive billboard stating views of the ocean. Obviously the builder was not from here, we don't live on the ocean. The owners live in Manhattan and are well entrenched there according to our research. We feel there was absolutely no regard for the historical and beautiful Oregon Rd. It was simply another builder and owner trying to profit from our area. It's simply not in the right place, it's certainly not in compliance to be a B&B. We are urging the town to reject this application and I thank you for hearing me out. CHAIRPERSON WEISMAN : You're welcome, would you like to submit a copy of that? DEBORAH OLSEN : Well it's in an email to myself, can I if I didn't know how to CHAIRPERSON WEISMAN : You don't have to I mean it's in the record it's going to be typed up but sometimes people read things and DEBORAH OLSEN : Can I email it to you? CHAIRPERSON WEISMAN : Sure, we'll make sure you get copies of everything also. Please go next. TOM KENNEDY : Good morning, my name is Tom Kennedy and I live at 200 Castle Hill Rd. which is on the northern part of this parcel of property. I've lived here for twenty years and there are some people who would view somebody living here twenty years as an outsider and I probably am but I grew up out here. I lived with a family in East Marion in the fifties, later moved over to Mattituck and I remember the day when this town or these towns you could leave your house unlocked come back and never have to worry. I moved out here twenty years ago as I prepared to sell my company and retire and to live in a place that I always loved but couldn't afford. I have a bunch of concerns and these are emotional so I understand that a lot of this is governed by law. I tried to buy that property starting almost the day that we moved in and no matter what price I offered Leslie Alexander (inaudible). I made a final bid 491 January 4, 2024 Regular Meeting prior to it actually moving and my plan was to sell the developmental rights, donate the money to the Joe Namath charity of which I am a Vice Chair and to donate that property to the town forever in my will. Well obviously I lost. I spent my winters in St. Maarten in a B&B, they have a problem that they don't know how to deal with because every weekend families rent these mega mansions overlooking the ocean and boom boxes run until ten or eleven sometimes twelve o'clock at night. When Lieb asked for their I guess variance to open up their tasting room I believe there were mentions of how it's a tasting room, it'll be close at five or six o'clock, there will be no noise or whatever. Well imagine my surprise over the years listening to weddings, listening to DJ boom boxes and whatever. Their house is a beautiful house, it's going to be rented to high end people, it's going to be could be rented to the kinds of people who go to St. Maarten and go to these houses with boom boxes. I don't believe that should be on Oregon Rd. in fact I resent even putting it in there. This house was put for sale I believe it was a year, couldn't attract a buyer, now these people are saying they're going to live in the house, they're going to convert it to a B&B. They say they used it all summer, I live there I don't think I've seen people in that house other than workers maybe more than a half a dozen times over the summer. The second part is the fencing around the property which wasn't a pre-existing fencing it went in after they planted the grapes. There's approximately two acres maybe less of grapes. The farmers out here having thirty, forty acres can't make a profit how does a farm with two acres make a profit or is this just another ploy to put a fence around the property and if that is the case every time somebody buys a piece of land and wants to privatize their property all they have to do is plant a couple of acres of grapes and then we can put the fences up? It's going to look like a (inaudible) eventually. So on all those basis I am dead set against it.Thank you for listening to me. SARA RUGANI : Hi my name is Sara Rugani I did submit an email as well but I just wanted to be here in person to put a face to the name. I am actually one of those horrible people who is fairly new to the area but I have come here because I do love it and I do want it to stay the way it is and it has been because that is why I love it and why I came here to begin with. I live at 9204 Bridge Lane. I know the filing for this B&B states that neighbors are a quarter of a mile away, that is simply not true. We are not a quarter of a mile away. Many of these properties are right next door. So number one was misleading in the filing. There are three main points that I'd like to make. Number one, I do believe I share with these folks that have been here a long time that this puts our community character at risk. Both the nature of a commercial sort of place at this corner at Oregon Rd. with all of its sort of pastoral beauty it's just against many of the preservation strategies that you and all the other people in Southold have put together to keep the character as it has been. So number one I think it does put it at risk. Number two, I do believe this is prioritizing profit over people. So this property is listed on their website what is it BCNDevelop ment.com as one of their development properties. They January 4, 2024 Regular Meeting are a couple I understand, it is written as her property and not. his but it is on their commercial website. In addition, I would like to see the voter registration come through because I do not believe she's lived here long enough to actually count as a resident. So. I know that she's mentioned that but we live there and it's very clear that-it's vacant most of the time. So I do believe that you know this contrast with the interest of local residents who are valuing their lifestyle and sort of the pastoral nature of the environment. Then finally I do , believe there's been misleading information and unkempt promises even on this property as it is. Number one, as I mentioned that quarter mile distance, we are closer than a quarter mile. Number two, you know she has mentioned that yes there were grapes planted there's no one working that property there's a vineyard right across the driveway where there are farmers working every day of the week and that's what it takes to get grapes to grow. Sure I understand the deer fence probably helps but no one's actually trying to get those grapes to grow and if part of the nature of getting this place approved to be an initial property I believe I looked at the old filings for like there will be sorry there will be grapes to make sure it blends in with the Oregon Rd. environment it's part of the reason they were approved in the first place to build this giant home very modern home these grapes are not there. They are not preserving sort of the nature of the environment and no one it does not it is not perceived by I would say the local folks that they are investing in making sure that those grapes are kept up and farmed the way every other farm seems to be doing. This raises further concerns about the further environmental and aesthetic neglect if this property does become a commercial bed and breakfast. Thank you. CHAIRPERSON WEISMAN : You're welcome. Is there anybody on Zoom Liz? ALEXADRA O'MARA : Hi thank you very much good morning everybody. I am a member of Friends of Oregon Rd., I live at 14345 Oregon Rd. and then speaking on behalf of our group which is comprised of approximately forty members. This house has a troubled history that is marked by misrepresentation. As other people have said this morning, during construction it was advertised as having ocean.views, what ocean, what views this house is landlocked. The building clearly misjudged the market and designing,what we commonly refer to it as the Amazon fulfillment house. It does not fit in with the surroundings but in a way that's neither here nor there because the house is built. If you look online you will see that the house has a very significant online market presence. It is listed on the market for 7.8 million dollars. It is also listed for rent at approximately three hundred thousand dollars a month. A is also currently listed on Air BNB and it does note that it is for two week rentals though it says if you DM Craig which is Ms. Nassi's husband for accommodations he will consider other options. In fact last night I emailed Craig and asked if I could rent the house for five days and he approved it. It also has its own website called therose.com with no mention of a two week- minimum in accordance with the law. Going to the B&B point, the code requires that a bed 53. January 4, 2024 Regular Meeting and breakfast must be incidental and subordinate to the principle use of the building which must be owner occupied. So it seemed reasonable to ask for a representation by the applicants that this will be theirpermanent residence and it will not be their permanent residence and it's not now and it will never will be. They live in Manhattan, their three daughters go to private school .or perhaps public- school in the city and the couple lives together. Her social media presence clearly indicates this. There also doesn't seem to be any affiliation of this family to Cutchogue in any way. Since the property has not been used in accordance with the lot to date there's little certainty that it will be used in accordance with the law going forward. As with respect to the fence and the vines those grapes are clearly decor there is no way that they are going to be used for farming and so that's just a separate point. Thank you. CHAIRPERSON WEISMAN : Thank you. Is there anybody else in the audience, is there anything you would like to add? SHARON NASSI : Just so I know it's not related to any of this but just so you know in terms of environmental the entire house is solar paneled, that was recently an addition to it. I can produce receipts from somebody who has taken care of the vines from when I replenished all of the ones that were destroyed from the deer and who has been maintaining them, the gardener who has been (inaudible) etc. that there is somebody who is maintaining them. CHAIRPERSON WEISMAN : Okay thank you. Let's see if the Board has any comments or . questions at this point. MEMBER PLANAMENTO : A couple of things that came up in conversation one, there was a discussion earlier about the pool and you just mentioned the solar, are these open building permits or have C. O's been issued on the completed project? SHARON NASSI : I can't answer, I don't know. MEMBER PLANAMENTO : My understanding is there are open permits. The other thing, just going back to you mentioned the caretaker that's now relative to the grapes, are you a member whether for the proposed vineyard or even the bed and breakfast of any of the various wine councils, the bed and breakfast association, the farm bureau any association of any SHARON NASSI : No MEMBER PLANAMENTO : None. The last thing I just wanted to clarify within your packet there's a variety of different requested items to your residency some of which have the New York City address I mentioned that earlier but you've got like a Crate and Barrel bill, you have January 4,2024 Regular Meeting PSE&G, in my mind's eye there's some confusion about that address. You've mentioned even earlier that your driving license has a New York City address. SHARON NASSI : I spoke with the person here and they told me I need my voters registration they didn't say you need to change your driver's license or anything like that. MEMBER PLANAMENTO : (inaudible) different items that they give as evidence and the addresses that we understand what they are? CHAIRPERSON WEISMAN : Sure MEMBER PLANAMENTO : So maybe it's kind of confusing. SENIOR OFFICE ASSISTANT SAKARELLOS : Excuse me, I just checked Municity, there are open permits for solar and open permits for pool, no C.O.'s. MEMBER PLANAMENTO : That's what I understood from the application which isn't an issue. I think well at least when I was at the site inspection her husband mentioned green technologies and stuff and there's no accounting for anyone's aesthetics but it's very nice that you're making a house that's I guess green which is I guess favorable especially from an expense standpoint but I don't know what relevance,it necessarily has on the application. SHARON NASSI : It was just in terms of comments about keeping you know the nature and preserving electricity etc. MEMBER PLANAMENTO : So the deed I think we're all in agreement that the deed was transferred to your name and that's evidence on the Tax Assessor's card. The tax return shows the address as a home address the 2022 as prepared by a gentleman in Colorado I think James Bush. Then you have PSE&G which discusses service too, the location, the bill going to the residence not a P.O. box.The voter registration and that's a registration T. A. MCGIVNEY : You said PSE&G you said it was a hundred dollar they were trying to find what period that covers to MEMBER LEHNERT : September 25, 2023 to October (inaudible) CHAIRPERSON WEISMAN : It's about a month. i T. A. MCGIVNEY : So does that I don't know if that has any bearing on the use of the house or not. January 4, 2024 Regular Meeting MEMBER PLANAMENTO : I know my own bills but.l don't have a green house I think there was a whole discussion about the technologies and the investment that the applicant made. I mean that seems (inaudible) CHAIRPERSON WEISMAN : (inaudible)thermal barrier that MEMBER PLANAMENTO : Geothermal CHAIRPERSON WEISMAN : There's a lot of well insulated glazing and so on that (inaudible) possible that the bill is considerably lower as a result of the various environmentally sustainable materials and MEMBER PLANAMENTO : Right so the voter registration I'm not quite sure how to read that because this is it's the application but I suppose you know anyone can file the voter registration to vote in Cutchogue or the Town of Southold. CHAIRPERSON WEISMAN : You need to be a resident but you can vote where in New York State where your heart is. You can have more than one residence but you can get to choose where you want to vote whether it's the city or out here. It's not tied to a principle residency it's property ownership. MEMBER LEHNERT : I think someone that was a resident would change the driver's license. MEMBER PLANAMENTO : So then there's a Peoples statement which I assume is a bank statement, it discusses like a Lloyds of London account or something but it has the Oregon Rd. LLC and the New York City address. Again there's a second People's billing statement I'm not quite sure what that's for again the same Oregon Rd. LLC address excuse me I guess the account and then the New York City address. Then there's a Crate and Barrel bull which shows the Oregon Rd. address, I don't think we've ever accepted like retail you know and I think that's all the evidence we have. MEMBER LEHNERT :That's it. MEMBER PLANAMENTO : There's no school enrollment, documents or other things to substantiate and I get that the children aren't here but it's kind of hard to say where someone lives when you have multiple properties. SARA RUGANO : Don't tax returns require you to file where you live most of the time? Isn't that a there's like a day limit to it would be beneficial for someone who earns a lot of money to file taxes here and not in the city so if you file in the city you live there more, if you file here you live here more. January 4, 2024 Regular Meeting MEMBER DANTES : You're into a complicated area in the law there. I will say New York City spends a lot of time and a lot of effort enforcing people SARA RUGANO : Exactly MEMBER DANTES : but we like it's just such a complicated area of the law that is beyond our expertise we can't SARA RUGANO : It is something that I don't do, I also have a city place but because of New York laws I do it in New York cause I'll pay my taxes but if there's MEMBER DANTES : I'm aware of people also go down to Florida and file tax returns down there and New York state will then (inaudible) against them. It's just something that we really can't get into on this Board. MEMBER PLANAMENTO : Miss Nassi, did you apply for or ever received a STAR rebate? SHARON NASSI : No MEMBER PLANAMENTO : No, then another question I had just because people have discussed about the renting of the house, do you have a rental permit on the house? SHARON NASSI : Yes MEMBER PLANAMENTO : There is a rental permit on the house, if and when the bed and breakfast is granted you're aware that you have to surrender the rental permit so you cannot rent the house it's just for the approved number of bedrooms. CHAIRPERSON WEISMAN : Okay, anything else the Board wants to ask? Pat do you have anything? MEMBER ACAMPORA : Not at this time, no. CHAIRPERSON WEISMAN : Okay, is there anybody else on Zoom? ALEXANDRA O'MARA : This is Alex O'Mara speaking, I'd be interested in hearing Ms. Nassi respond to the points that I made about their renting in violation of the Town of Southold (inaudible) MEMBER DANTES : I'm sorry ma'am you need to talk to the Board, we're not really CHAIRPERSON WEISMAN : She's asking us to ask the applicant. ALEXANDRA O'MARA : Yes January 4,2024 Regular Meeting CHAIRPERSON WEISMAN : I suspect that's really a matter for Code Enforcement to deal with if there's been any violations. Right now I mean I think wasn't there a Stop Work Order or complaint about the fence the deer fencing? MEMBER LEHNERT : Yea there's a violation on it. CHAIRPERSON WEISMAN :There's a violation for the fence. ALEXANDRA O'MARA : I think my point to that the Air BNB listing is that none of.this passes the smell test. CHAIRPERSON WEISMAN : Okay we hear you. I'm trying to think if there's anything else we need to get into the record. I mean I do know that when went to do an inspection and your husband showed me around it was pretty clear that he believed he had designed that carefully with a very you know well known architect to not only be a green house but basically to be designed to provide a commercial rental property, that is what he said. He said we designed it this way from the beginning knowing'that's what we wanted to do. I will also note that we were aware that the house was for sale previously so it would appear that it was built as a dwelling with the intent of selling it and when that didn't happen we wound up with a bed and breakfast application. So I'm again keeping an open mind because that's what our job is but it's important that we enter everything we can think of into this public record. SHARON NASSI : Without going into details of my personal life, there's been a lot of changes in my personal life that this makes the most sense for my future and from by business as a dietician and what I've always wanted to do that it makes sense that this is a possibility of something that would make sense that I can maintain my practice small, I can also follow a dream that I have. I'm not looking to be a billionaire making all this money off these people but I can offer my services in exchange you know doing a breakfast for them whatever handouts about health, wellness type of thing.,[ have some farmers that I have met with and spoken with about it, local florists and things like that. Flower arranging classes and just different things getting into the environment. MEMBER PLANAMENTO : I guess maybe one other thing to share more for the audience, anyone in the Town of Southold that has a residence that qualifies can have a bed and breakfast. it's really not a commercial endeavor. It might be perceived that way but it's not a hotel, it's something to supplement somebody's income to allow them to maintain their home (inaudible) SHARON NASSI : I'm sorry to interrupt you, I'm not looking to rent you know to have a guest in every single day in and out and making this this crazy thing. That's not what my goal is. I have to look more into it, like you said maybe join some of the boards be more-a map but is it January 4, 2024 Regular Meeting just summer weekends? From my experience even as we've attempted to rent it people mostly were not looking for two week rentals. People really want to come and experience a weekend here and that works that makes more sense with having a bed and breakfast, it allows for it and it follows the regulations and it's not year round. I highly doubt many people will be looking for a bed and breakfast, I can be mistaken, January through April. I think it's more spring, summer, fall that people have interest so I don't think it's going to be eight cars in the driveway in and out every single day etc. I do also, I have looked into what are the regulations with noise and things like that and if someone is very interested in my social media you will see all over my social media my children and myself out here the entire summer. So I did know and you know my family was here when my kids were in camp so I did know those things about noise and things like that just as a family being outside enjoying the back yard and things like that. DEBORAH OLSEN : Deborah Olsen, I don't mean to contentious but I am here in the summertime, there's nobody there next door, sorry. SHARON NASSI : My social media is public you can go on it and look at all the weekends that I was here. My kids riding their bikes, July 41h weekend various things. MEMBER PLANAMENTO : I think you had stated that sort of a change of life I don't know the history of the sale or other things but people are entitled to change what their needs are so whether they are (inaudible) or not I don't know. The question that I would have I can't speak for the other Board Members is whether in fact you live in the house.1 don't want to say it so much easier if you had your children enrolled in Southold schooling in Cutchogue Elementary I don't know their ages but it would evidence that you're living in the house. I don't want to question again people's life choices, it's just to know you have three children that distances between a New York City apartment and a Cutchogue house it's substantial but I'm only one. CHAIRPERSON WEISMAN : Okay I think we've heard everything. Is there something else anybody wants to say? T. A. MCGIVNEY : Do you want to address the deer fence? CHAIRPERSON WEISMAN : I think we did address it. We'll close these one at a time. MEMBER PLANAMENTO : To that point though about the deer fence and I mentioned one that was granted but maybe do you have any information or prior variances that were granted for similar relief requested? There are applications I know actually a couple but did you do any research on that? SHARON NASSI : I don't. January 4, 2024 Regular Meeting MEMBER PLANAMENTO : No okay. MEMBER DANTES : In that neighborhood? I don't think there have been any. MEMBER PLANAMENTO : On Mulberry Ct. there was actually they came before us remember? MEMBER DANTES : Is that the neighborhood. MEMBER PLANAMENTO : It's accessed off Oregon Rd. it's the same so if you go west on Oregon Rd. closer to the dump I guess th'at's the end of Cox Lane you have Diggans Rd. CHAIRPERSON WEISMAN : Oh yea, yea, yea. MEMBER PLANAMENTO : Actually in that case they were denied, there were two applications. CHAIRPERSON WEISMAN : Basically deer fencing is on a residence deer fencing is allowed in a side and rear yard. The idea was not to put it in the front yard where it would become kind of like (inaudible) or at the very least depending on the size of the property it had to meet in the front yard the principle setback. In other words it has to be set back as far from the road as what a residence would be required to be set back. So that's just simply to keep a kind of residential SHARON NASSI : The intention was not to barricade the house off cause that would have been an initial thing when the house was built (inaudible) fence. CHAIRPERSON WEISMAN : Alright, anything else from anybody? DEBORAH OLSEN : I do have one more thing I apologize. I did hear from the realtor who sold the property to the Nassi's originally that they were trying to also apply and I don't know if this happened to split the property and to keep the one as three acres the total property is I think 5 point something acres and to keep I don't know what happened with it but I just wanted to state that because I don't know if that's still in the works or not but that they were hoping to get split the property from three acres and then have the other 2 point something acres as separate which means those vines. I don't know what happened with that I apologize if that's incorrect. CHAIRPERSON WEISMAN : It's not relevant to us. DEBORAH OLSEN : I got that directly from the realtor. CHAIRPERSON WEISMAN : It's not anything related to what we're actually looking at. January 4, 2024 Regular Meeting MEMBER ACAMPORA : Leslie, I just want to put on the record from going to the house inspection and hearing Mrs. Nassi's testimony today I'm completely confused by all of it because it just from what Mr. Nassi explained to me that this was always in their mind of making it a B&B and making money from it and not living there. So I'm a bit confused by all of what's been said today. CHAIRPERSON WEISMAN : Okay well our job is going to have to unconfused ourselves. MEMBER ACAMPORA : I know honestly yea we have a lot to look into and discuss because there's conflicting information coming that is going to make this very difficult to deal with. SHARON NASSI : If I can just say, as I said before I didn't say it thoroughly the house was built as perhaps a rental property and a home that we'd have similar to the home we had in Bridgehampton and Montauk we never simultaneously owned any of these homes. During COVID I lived in the house basically in Bridgehampton for a bit of time. The house did not work as a rental, it doesn't make sense. I've learned that people don't like to be here for aren't renting for two weeks some do but not tremendous amount. A personal thing is going on in my personal life that it makes more sense for me to be here and as a dietician I've also wanted to do. You can go see my practice, I've been in practice for twenty years doing this you can see every television show she's been on, every person's home I've cooked for. So it makes sense in my life. CHAIRPERSON WEISMAN : Look we're not here to pry into your personal life. SHARON NASSI : No but understand that only (inaudible) people are questioning (inaudible) going into my social media etc. CHAIRPERSON WEISMAN : (inaudible) I think we've heard everything. I'm going to make a motion to close the hearing reserve decision to a later date. Is there a second? Oh yes let's do it separately, alright motion to close application #7870 which is the variance application reserved 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 January 4, 2024 Regular Meeting CHAIRPERSON WEISMAN Aye. Resolution to close the application for Sharon Nassi application #7865SE for the bed and breakfast use. 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, okay we'll try and have a decision on both of these in two weeks at our next meeting. Motion to adjourn for lunch. . MEMBER DANTES : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye CHAIRPERSON WEISMAN : Motion to reconvene. MEMBER DANTES : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye January 4, 2024 Regular Meeting HEARING#7864—4690 MILL LANE, LLC/BERT , CHAIRPERSON WEISMAN : The next application before the Board is for 4690 Mill Lane, LLC/Bert#7864. This is a request for a variance from Article III Section 280-14 and the Building Inspector's August 17, 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 60 feet located at 4690 Mill Lane in Mattituck. JOAN CHAMBERS : Good afternoon my name is Joan Chambers I'm representing the Bert family. This addition is on the south side of the house which is Mill Lane it's the front yard. The new addition is going to be aligned with the north wing of the house which was also granted a variance in 2005. Both the proposed addition and the existing north addition are setback 4 feet from the front line of the house so they're basically restoring the symmetry to the farmhouse style that addition from 2005 created sort of a lopsided look to the house. We couldn't move the addition any further away from the front yard because of the interior layout of the house, the kitchen is in the way. We would have to tear the kitchen out to move it down. The reason for the addition is that the family's needs are changing, they're aging and they needed to get a bedroom and bathroom on the first floor. That's about it. CHAIRPERSON WEISMAN : So we're looking at a front yard setback of 42 feet 2 inches? JOAN CHAMBERS : 46 foot 2 1 believe. No 42 feet 2 inches you're right. - CHAIRPERSON WEISMAN : 42.2, the code requires a minimum of 60 feet. It's a one story addition. JOAN CHAMBERS : Correct, it's a mirror addition. CHAIRPERSON WEISMAN : The existing setback is 42.2 The addition itself is 46 foot 2 inches setback it's setback a little farther than the closest point of the JOAN CHAMBERS : Right it's setback further feet which is the same as the older addition yes. CHAIRPERSON WEISMAN : Well there was a prior front yard setback relief granted of the 42 foot 2 inches in 2005. JOAN CHAMBERS : Correct CHAIRPERSON WEISMAN : That was ZBA #5721 and the property itself is screened with very tall large you know evergreens privet rather and the driveway is open on that end that's all you can see from the open end. The property across the street is just a huge grassy lot so I January 4, 2024 Regular Meeting there is no impact on that the very large house that's setback quite far. The property is actually other properties around there are in production you know vineyard production with deer fencing. I don't know what else there is say, I don't have any questions Eric do you have anything? MEMBER DANTES : No CHAIRPERSON WEISMAN : Pat do you have anything on this one? MEMBER ACAMPORA : No CHAIRPERSON WEISMAN : Nick MEMBER PLANAMENTO : No questions. CHAIRPERSON WEISMAN : Rob MEMBER LEHNERT : No a pretty benign application. CHAIRPERSON WEISMAN : There you go Happy New Year. Motion to close the hearing reserve decision to a later date. Is there a second? MEMBER PLANAMENTO : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye HEARING#7866 RICHARD STALZER CHAIRPERSON WEISMAN : The next application before the Board is for Richard Stalzer#7866. This is a request for a variance from Article XXIII Section 280-124 and the Building Inspector's October 31, 2023 Notice of Disapproval based on an application for a permit to construct a January 4,2024 Regular Meeting sunroom addition to an existing single family dwelling at 1) located less than the code required minimum side yard setback of 10 feet located at 260 South Harbor Rd. in Southold. Would you state your name for the record please. RICHARD STALZER : Hi I'm Rich Stalzer I'm the owner of the house. CHAIRPERSON WEISMAN : So we have a side yard setback at 8 foot 6 inches, the code requires a minimum of 10 but it appears that you're just sort of filling in an L-shaped area.The house itself has an 8.4 side yard setback it looks like. RICHARD STALZER : Yea the bedroom is already there so it just would finish off the back end of the bedroom to connect with the back of the house. It's about 150 sq. ft. addition you see right there so that the bedroom is above that it already exists so it would just be finishing off the back end. CHAIRPERSON WEISMAN : You're not going to be able to see it from the road so there's not going to be any visual impact on the character of the neighborhood: RICHARD STALZER : No, it's an empty field out that way. CHAIRPERSON WEISMAN : Yea it's a wide open field and you kind of enter the house from the side and the rear. RICHARD STALZER : Exactly CHAIRPERSON WEISMAN : That's why we go and make site inspections, we need to see it, paper doesn't tell you everything. Okay I don't have any questions for this one how about you Rob anything from you? MEMBER LEHNERT : No same thing it's a pretty benign application. CHAIRPERSON WEISMAN : Nick MEMBER PLANAMENTO : No questions. CHAIRPERSON WEISMAN : Eric MEMBER DANTES : It's less non-conforming than what the existing setback is. I don't have any questions. CHAIRPERSON WEISMAN : Yep, Pat? MEMBER ACAMPORA : No questions. 1 January 4, 2024 Regular Meeting CHAIRPERSON WEISMAN : Who's on Zoom? Motion to close the hearing reserve decision to a later date. Is there a second? MEMBER PLANAMENTO : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye. It's too early for the next one so I'm going to just go to the end of the Agenda and get.rid of the Resolutions. Resolution for the next Regular Meeting with Public Hearings to be held Thursday, February 1, 2024 at 9: 00 AM so moved. 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. Resolution to approve Minutes from the Special Meeting held December 21, 2023 so moved. MEMBER PLANAMENTO : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye January 4, 2024 Regular Meeting CHAIRPERSON WEISMAN : Aye. Resolution to amend Condition #4 of Appeal #7573 of the North Fork Project, LLC/Old Mill Inn 5775 Mill Rd. adj. to Mattituck Creek in Mattituck. So there's a resolution to amend that decision 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 have reviewed well that's a resolution to amend it, I think we should make a resolution to accept the amended decision. I think we should probably have it in the record a resolution to actually accept the amended decision, this is just a resolution to do it. Resolution to approve the amended decision #7573 North Fork Project as written okay, 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 HEARING#7867—NICHOLAS DEMITRACK CHAIRPERSON WEISMAN : The next application before the Board is for Nicholas Demitrack #7867. This is a request for variances from Article XXIII Section 280-124, Article XXXVI Section 280-207 and the Building Inspector's November 8, 2023 Notice of Disapproval based on an January 4, 2024 Regular Meeting 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 35 feet, 2) located less than the code required minimum rear yard setback of 35 feet, 3) more than the code permitted maximum lot coverage of 20%, 4) gross floor area exceeding permitted maximum square footage for lot containing up to 10,000 square feet in area located at 1255 East Gillette Drive in East Marion. STEVE AFFELT : Hi good afternoon, my name is Steve Affelt I have my office at 41 Leeside Drive and I'm here representing Mr. Demitrak and I'd like to present their application for variance. We have a small lot with a house that's been built prior to most of the zoning codes going into effect so they're stuck with a lot of setback issues because their lot size is much smaller than the required 40,000. We have no space in front for any sort of a for the porch we have no space in the rear for the addition to make the kitchen larger. The deck which exists today we want to move to the side all of which are going to be crossing over any sort of setback lines under the current code. With that being said this house is very typical in the entire neighborhood. Most lots on this side of the street are 100 by 100 and all of which have very, very large houses not sorry all of but there are many large houses that surpass the normal setbacks throughout the entire neighborhood. So we don't think that our proposed additions are going to be out of character in the neighborhood and we feel that we're going to be more in line with what's being built. As you can see I've provided some photos of houses that are very similar in size to what we want to build some of which are new construction probably permitted before the most recent laws went into effect. That's really where I think the variance comes into play here because that's the real ask that we have. We're going over the new maximum floor coverage by about 39% which is not insignificant. Please understand that we also see that on our side but we don't think that this house is going to be out of character. We think that it's going.to fit in with not only the adjacent property but it's also going to be at the same setbacks as the adjacent property. Across the street we've got a very, very similar well actually much larger houses than what we're looking for probably about twenty five to fifty percent larger. Those lots are a little bit bigger but they still would have fallen over the same if they were being built now they would be double the maximum allowable floor area. So in short, we don't think it's going to be out of character and we know that the law just went into effect, we understand that it has to be taken into account but we feel like a hard stop for all additions right at the soon as the law it was probably not the intent and it's going to be a slow roll into you know a rule as it gets older not hopefully immediate. CHAIRPERSON WEISMAN : Are you aware that because we did inspect it so we know that there's some pretty big houses. Are you aware that you can do GFA averaging? January 4, 2024 Regular Meeting STEVE AFFELT : No I'm not aware of that. CHAIRPERSON WEISMAN : Yes just like front yard setbacks one of the relief that was put into this law knowing that non-conformities were about to happen was that you can look at the (inaudible) footprints or GFA, gross floor areas of dwellings on the same street usually on the same side like you would front yard and average those out and it might very well reduce the degree STEVE AFFELT : I was completely unaware, I would have provided that information. MEMBER PLANAMENTO : It's three hundred feet on one side or is it? CHAIRPERSON WEISMAN : I think both sides, it's both sides just like front yard averaging so that might help. STEVE AFFELT' : I would have my mistake I apologize for wasting your time here, I probably would have sent us into a different conversation. CHAIRPERSON WEISMAN : Well you would have had other variances anyway but I don't know what Building would have done I mean in an ideal world they would have done that but they really don't have the time and staff to do it so the applicants are kind of they should probably mention to you that that's a possibility but in any case we can allow you to go ahead and see if that might not change that particular variance cause the GFA is 2,909 and the maximum on your sized lot is 2,100 so let me just see. We have front yard setback at 24 foot 6 inches right where the code is requiring 35, rear yard at 33 foot % inch the code requires 35 minimum, lot coverage at 21.1% so not too much over the 20% and then the GFA so there's four variances. This is for a second story addition on a one story house? STEVE AFFELT : Correct but the front yard setback is going to be for the second story and the front porch. CHAIRPERSON WEISMAN : The front porch is yea gonna change that the current existing is what 30 feet? STEVE AFFELT : 30 feet. CHAIRPERSON WEISMAN : You're going to put on a fairly shallow porch. STEVE AFFELT : 24.6 CHAIRPERSON WEISMAN : To make it 24.6 MEMBER LEHNERT :The second floor is just going over the existing. January 4, 2024 Regular Meeting STEVE AFFELT : Correct, it's not a hard wall it's a sloped roof so it kind of MEMBER LEHNERT : So you're not violating what was there. CHAIRPERSON WEISMAN : The sky plane is ok, it's the GFA that's STEVE AFFELT : We thankfully make the sky plane just by a little bit. The rear yard we're over by I think two feet for the first story addition. It's well covered in the back with trees as well as the front so I didn't think those setback issues would be too much of a ,hindrance to the application. CHAIRPERSON WEISMAN : This subject lot is smaller than a lot of the other lots that have larger homes on it, it's not easy to do a lot with a 10,000 sq. ft. lot. STEVE AFFELT : Right, if it would help I know that your next meeting is in two weeks I can provide the average for the lots on both sides before that meeting so you can take into consideration. CHAIRPERSON WEISMAN : Sure, absolutely. Why don't we let's see who else wants to address the application and then we'll figure out how best to handle this with that submission. Let's see Eric do you have any questions on this one? MEMBER DANTES : I do not, I want to see the averaging calculations. CHAIRPERSON WEISMAN : Pat anything from you? MEMBER ACAMPORA : No CHAIRPERSON WEISMAN : Nick MEMBER PLANAMENTO : I feel terrible but it's sort of stuff that's overlooked but there's a third floor or what's called a reading nook and it has a ceiling height in my calculations of approximately 9 feet, talk to us a little bit about that. I don't know why it wasn't cited. STEVE AFFELT : I have been working on that with the Building Department. It's a mezzanine not a third story, it's underneath the square footage that would have made it that third story and the height above it I thought was 7 foot 6 not 9. MEMBER LEHNERT : The Building Department didn't cite it, it is a mezzanine you can't do anything with it except sit there. 681 January 4,2024 Regular Meeting MEMBER PLANAMENTO : Here it says floor of the reading nook elevation 19 feet and the structure is 29 feet. So (inaudible) is for the roof but that's where I came up with like 9. You're saying it's 7 foot 6? STEVE AFFELT : 7.0, we have collar ties 7-foot height across the entire bedroom. MEMBER PLANAMENTO : Explain to me and I know we've done a mezzanine before but the application I'm thinking about in Cutchogue was a waterfront property and they had like from whether it was a hall or a bedroom I forget like two or three steps up so it wasn't like a full flight above it was just something sort of over the porch area below. I think they actually needed a variance that's why they were before us. CHAIRPERSON WEISMAN : It was considered a third story so there was (inaudible) habitable space MEMBER LEHNERT : This can't cause there's access to nothing, you can't access the attic you (inaudible) open to below it's a landing. CHAIRPERSON WEISMAN : It's a landing it's a level just a MEMBER LEHNERT : Put a chair up there and look at the back yard. STEVE AFFELT : Thankfully this level they'll be able to see the water. MEMBER PLANAMENTO : Just from the back deck you can see it I mean I understand where they're going with it, I just was puzzled why it wasn't cited but if a mezzanine is a permitted use cause it's not an actual floor STEVE AFFELT : Not habitable. MEMBER PLANAMENTO : The other question I had which I know the floor plan shows bedrooms on the south side of the residence but from a standpoint of maintaining the existing 30 feet which I expect when the house was built was a permitted front yard setback, today of course it's 35 you know couldn't you relocate the covered porch on the side or expand the house to the north of the south as opposed to further encroaching on the front? Aesthetically I get that a porch is attractive but STEVE AFFELT : I don't think it would be useful on the sides, being access to the bedroom or to the garage. I believe that I would be intruding on other setbacks if I went to either side yard. MEMBER PLANAMENTO : It's 15 and 10 so you have space on one side at least to expand a bit. January 4, 2024 Regular Meeting STEVE AFFELT : it's not impossible I just don't think it's practical. It would be accessed only through the bedroom and then we'd have single use and actually if I added the door to the bedroom direct to the outside wouldn't that start to fall into an illegal apartment, the worries of such? CHAIRPERSON WEISMAN : No but still it's not desirable to access a porch from one bedroom to the whole house to trapes through a bedroom. MEMBER DANTES : I think he's right about the side yard setback though. CHAIRPERSON WEISMAN : You'd be encroaching. MEMBER DANTES : Or a combined. MEMBER LEHNERT : There's no place you can add to this house without needing a variance somewhere. MEMBER PLANAMENTO : You have 10 feet on the south and greater than 15 on the north, you have to have a minimum of 25. 1 get the design but CHAIRPERSON WEISMAN : Rob do you have any questions? MEMBER LEHNERT : I have none other than the amended calculation we need the averaging no. CHAIRPERSON WEISMAN : I know one of those big houses is across the street but I can't recall exactly what was on well it's to the left of the house if you're facing it that's a very large two story STEVE AFFELT : The front one is across the street lot 24-1 and on the third page 4-21 is the adjacent and then across the street on the last page also the same side of the street 4-22. So those two are 3,500 to 4,000 would also probably one more house beyond that all 100 foot lots. CHAIRPERSON WEISMAN : So because it's hard to define character of the neighborhood, when we were talking about you know trying to put some limits on the scale of dwellings relative to fitting on a lot so that we weren't just building these endlessly monstrous dwellings on undersized lots and imposing on side yards and neighbors and so on we decided basically to allow in part the character of a neighborhood to define by the size of other houses which is where the whole idea of averaging came from. So if you are in keeping with the average size then at least we can look at the fact that it is within keeping within the neighborhood and 701 January 4,2024 Regular Meeting that kind of mitigates some of the current code requirements. Is there anybody who wants to address the application in the audience?Anybody on Zoom? REGINA DEMITRACK : My name is Regina Demitrack I reside at the house 1255 East Gillette. The reason why I came here today is this house was built for my mother, she this is the third house she'd live in on Long Island but she was infirmed so we needed everything on one floor. I purchased the house but I have three children, grandchildren other people that come visit and it's quite small. We have a one bedroom house actually two bedroom house with one bathroom. So what we're trying to do is not make the house a monstrosity but to make it livable and in keeping with the size of the houses on my street my application is truthfully I'm not encroaching on anybody's face or making a house larger than anything that already currently exists. Okay thanks. CHAIRPERSON WEISMAN : You're welcome. MEMBER PLANAMENTO : So actually a question for Steve and I was reminded when the applicant stated it's a two bedroom home, do you need to do a new septic system? STEVE AFFELT : We weren't required well the Building Department didn't ask us to. We're only going to be at three bedrooms at that point. CHAIRPERSON WEISMAN : Probably the existing septic is probably sized for that but that would be the Health Department's call. STEVE AFFELT : Any other questions I can help answer? CHAIRPERSON WEISMAN : Hearing no further questions or comments I'll make a motion to close the hearing reserve decision to a later date subject to receipt of information on GFA averaging. MEMBER PLANAMENTO : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye 1 January 4, 2024 Regular Meeting CHAIRPERSON WEISMAN : Aye. If you can get that information then we should hopefully have that decision for the next meeting in two weeks. I'm going to make a motion to close the meeting. MEMBER DANTES : Second l CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye January 4, 2024 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 • f Elizabeth Sakarellos DATE :January 17, 2024