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HomeMy WebLinkAboutZBA-02/01/2024 Hearing l 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 February 1, 2024 10:01 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 February 1, 2024 Regular Meeting INDEX OF HEARINGS Hearing Page Z &S Contracting Inc. #7873 6- 10 Jennifer Wagner and Nico Schweizer/Breezy Shores (Cottage#14) #7850 10 Andrew and Barbara DeLannoy#7871 11- 13 William E. Goydan as Trustee#7882 14- 18 Brian W. Flanagan and Laura K. Flanagan #7874 18-24 Angelo Chantly#7875 24- 25 Steven Guddat and Torrey Acri #7876 26- 27 Richard A. Antunovich and Anne Antunovich #7877 28- 32 r February 1, 2024 Regular Meeting CHAIRPERSON WEISMAN : Good morning everyone and welcome to the Meeting of the Zoning Board of Appeals for February 1, 2024. Please all rise and join me in the Pledge of Allegiance. We are in Work Session, is there anything anyone wants to put on the Agenda for the next meeting? No, okay we are going to have to we have had a request I guess to adjourn Roland Grant Appeal 7849 to July 11, 2024, is everybody alright with that? I think we adjourned it to so I'm going to make a motion to adjourn Roland Grant Appeal 7849 to July 11, 2024. Is there a second? MEMBER LEHNERT : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye CHAIRPERSON WEISMAN : Aye. The next item is SEAR. New applications resolution declaring 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 Reviews (SEAR) 6 NYCRR Part 617.5 c including the following : Z&S Contracting, Jennifer Wagner and Nico Schweizer, Andrew and Barbara DeLannoy, William E. Goydan as Trustee, Brian and Laura Flanagan, Angelo Chantly, Steven Guddat and Torrey Acri and Richard Antunovich and Anne Antunonvich so moved. MEMBER LEHNERT : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye CHAIRPERSON WEISMAN : Aye. We are now ready to start the Public Hearings. Since we have some time Liz would you go over the instructions for those on Zoom? February 1, 2024 Regular Meeting SENIOR OFFICE ASSISTANT SAKARELLOS : Thank-you Leslie, good.morning everyone. For those on Zoom if you wish to comment on a particular application we ask that you raise your hand, we will give you further instructions on how you will be able to speak. If you're using a phone which I don't think anyone is but you can press *9 to raise your hand and then I will let you know what to do next. For those who are on just raise your hand and I will move you in so you can speak.Thank you. CHAIRPERSON WEISMAN : Thank you Liz. As a reminder Liz if there's anything during the hearing-that you would like to contribute or Donna for that matter, please just interrupt me and just say you have something that you'd like to say Liz particularly on Zoom sometimes you're looking things up in the office and we don't have it here. I think we're going to move to the Resolutions since we have time. Resolution for next Regular Meeting with Public Hearing to be held Thursday, March 7, 2024 at 9:00 AM so moved. MEMBER LEHNERT : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye CHAIRPERSON WEISMAN : Aye. Resolution to approve Minutes from the Special Meeting held January 18, 2024 so moved. MEMBER LEHNERT : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye CHAIRPERSON WEISMAN : Aye. Resolution to reopen the public hearing for the sole purpose of amending condition (#2) of approval for Appeal No. 7699 MEMBER LEHNERT : I'm recused from this one Leslie. February 1, 2024 Regular Meeting CHAIRPERSON WEISMAN : Okay thank you well we still have a quorum there's Pat, Eric and I. So it's Resolution to amend condition #2 of approval for Appeal No. 7699 Sheila Stolz on Smith Rd. in Peconic, so moved. Is there a second? MEMBER ACAMPORA : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye CHAIRPERSON WEISMAN : Aye, the motion carries. Resolution to grant a one,year extension which expired November 19, 2023 for Appeal No. 7433, 8100 Hortons Lane, LLC in Southold to expire on November 19, 2024, so moved. MEMBER LEHNERT : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye CHAIRPERSON WEISMAN Aye, the motion carries. Resolution to extend.time limits on variance relief expired July 19, 2021 for Appeal No. 7176 John Hochstrasser 2855 Nassau Point Rd. in Cutchogue for a period of six months to expire on August 1, 2024, so moved. MEMBER LEHNERT : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye CHAIRPERSON WEISMAN : Aye. Resolution to amend appeal No. 7702 Lee and Lili Siegelson 2048 Peninsula Rd. Fishers Island so moved. Is there a second? MEMBER LEHNERT : Second February 1, 2024 Regular Meeting CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye CHAIRPERSON WEISMAN : Aye, oh wait a minute I got to redo that. We should put in, to accept new plans. This was the demo, so resolution to amend Appeal No. 7702 for new plans, updated plans. So there's a motion, is there a second? MEMBER LEHNERT : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye CHAIRPERSON WEISMAN : Aye, the motion carries. Motion to rescind the opening of the hearing on North Fork Project LLC Old Mill Inn application No. 7573. Is there a second? MEMBER LEHNERT : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye CHAIRPERSON WEISMAN : Aye the motion carries. HEARING#7873—Z&S CONTRACTING, INC. CHAIRPERSON WEISMAN : The first application before the Board is for Z&S Contracting, Inc. #7873. This is a request for variances from Article III Section 280-14 and the Building Inspector's October 12, 2023 Notice of Disapproval based on an application for a lot line February 1, 2024 Regular Meeting change (and merge lots) at 1) proposed pergola merged lots 17.2 and 18 are less than the code required minimum lot size of 80,000 square feet, 2) proposed merged lots 17.2 and 18 are less than the minimum lot depth of 250 feet, 3) proposed lot 17.3 is less than the code required minimum lot size of 80,000 square feet, 4) proposed lot 17.3 is less than the minimum lot depth of 250 feet located at Fox Ave. 3660 Fox Ave.,Ave. B on Fishers Island. PAT MOORE : Patricia Moore on behalf of Z&S Contracting. I just have a little bit of paperwork, I don't recall I may not have seen this or I saw it and didn't think it applied but this is for a lot line modification that affected the Greevy property but all the way on the Avenue B dealing with Rafferty and Meyer. It was a small 20 by a certain distance they were just adjusting the property lines on the north end. So I'm going to put it on the record just so you have it cause I'm not sure if this is when you ask for priors if there's been any priors. The number didn't match so when I was looking it didn't pop up but then I found it today so I just want to make sure that it's on the record. It's really not relevant in that it does recognize the lot Avenue B pre-existing lot size at 69,427 but it doesn't really impact the development that we've got proposed here. It's pretty straightforward, what we're trying to do is take the tail that belongs to 17.3 that is on Fox Ave. and include it in the merged parcels of 17.2 and 18. The Greevy, Alfred Greevy's a long time contractor on the island was there for many, many years and this was his business property construction site. It appears that because he bought the property owned these properties in common name. The two on Fox Ave. had already merged so we in order to just document that we put in a request to the Building Department to recognize the merger of the two parcels on Fox Ave. got the determination and then did a deed of the two combined parcels. So at this point the combined parcel has a new tax map number, it's already combined as 17.2. Then the small portion that is on the west side of this property is the piece that we are merging to the merged improved parcel and in all it will make for a much better design of the two properties. They'll both have access on their own road frontages and the parcels they are split zoned parcels. The development of the commercial property is more consistent and all uniform on one piece. So this is really a clean- up and ultimately we'll have two nice clean parcels that although one of the lots is a little bit smaller they're both still going to remain over an acre. They're non-conforming in that both zoning districts AC and LB are 80,000. We can't change that we're just making adjusting the acreage between the properties. CHAIRPERSON WEISMAN : Well let me just enter into the letter that we have a proposed lot 17.3 is going to be 53,081 sq. ft., the code requiring a minimum of 80,000 as you said and the lot depth of that will be 194 feet where the code wants 250 ft. Then on the other lots 17.2 and 18 as merged the lot size is 62,895 sq. ft., the code requiring again 80,000 and the lot depth is 193.16 where 250 is required. As you say it's very clear that what's happening here is just a cleaning up of two properties really that are in different zones and will have better February 1, 2024 Regular Meeting access. By the way it's also supported by the Planning Board, we asked them and they cause whatever we approve they're going to have to bless with you know a subdivision change. Does the Board have any questions? MEMBER DANTES : So I'm looking at the plan here and if you have the upper right hand corner there's like a little tax map on there, next to the CHA there's like a corner section that has the tax map section on it. MEMBER LEHNERT : It's a key map on the upper right hand corner. MEMBER RANTES : So then you got the shaded area that says site and you have two lots that are shaded, should that PAT MOORE : Are you looking at the old application that I submitted? MEMBER DANTES : Whatever map this is. MEMBER LEHNERT: It's the survey. PAT MOORE : Oh alright I pulled out my survey I don't know why but I see from the key map, are you talking about the Rafferty piece that looks like it has a flagged lot? MEMBER DANTES : Right so you have two lots that are shaded, should that third lot to the right also be shaded as part of cause that's part of the application right or no? PAT MOORE : No, so we have three lots in total, we have 17.3 which is currently 69,427 and owned by Z&S Contracting, that has just the driveway on it coming from Ave. B to the improved parcel which is on the south side on Fox Ave. MEMBER DANTES : Right so if you start at that driveway MEMBER LEHNERT : It's a typo it looks like cause MEMBER DANTES : Okay so that should be shaded. MEMBER LEHNERT : It should be shaded he showed it fine on the survey. PAT MOORE : Oh the key map. MEMBER LEHNERT :The key map yea he should have shaded it. PAT MOORE : It looks like he did not shade the merged piece. MEMBER LEHNERT : It looks like a typo. February 1, 2024 Regular Meeting PAT MOORE : Now I understand. i MEMBER DANTES : Now I understand. PAT MOORE : I apologize it did not understand. MEMBER DANTES : So basically you're taking away the flagged part and adding it to the PAT MOORE : Correct MEMBER DANTES : the other side and then they'll access the parcel from Ave. B. CHAIRPERSON WEISMAN : Rob nothing from you? MEMBER LEHNERT : No issues. CHAIRPERSON WEISMAN : Pat, do you have any questions or comments on this one? MEMBER ACAMPORA : I just want to note that in the Notice of Disapproval the address is listed as 525 Fox Lane and it's also listed on another page that we have I'll try to find it here again, as Fox Lane on the application to the Zoning Board for a variance it's listed as Fox Lane also. MEMBER LEHNERT : It says Fox Lane on the Legal Notice. CHAIRPERSON WEISMAN : The Legal Notice is 3660 Fox Ave. PAT MOORE : I may I followed the Notice of Disapproval but it should be Fox Ave. MEMBER LEHNERT : Wouldn't the Legal Notice take precedent? PAT MOORE : Yea it's correcting it. MEMBER ACAMPORA :Just a technical point. PAT MOORE : Okay thank you. CHAIRPERSON WEISMAN : Is there anyone in the audience who wants to address the application? Is there anybody on Zoom Liz? Motion to close the hearing reserve decision to a later date. MEMBER DANTES : Second CHAIRPERSON WEISMAN : Second from Eric, all in favor? MEMBER ACAMPORA : Aye February 1, 2024 Regular Meeting MEMBER DANTES : Aye MEMBER LEHNERT : Aye CHAIRPERSON WEISMAN : Aye,the motion carries. HEARING#7850—JENNIFER WAGNER AND NICO SCHWEIZER/BREEZY SHORES COTTAGE#14 CHAIRPERSON WEISMAN : I'm going to make a motion at the request of the applicant to adjourn Jennifer Wagner and Nico Schweizer/Breezy Shores Cottage #14 7850 is the application number and they are located on Breezy Shores at 65490 Main Rd. (adj. to Shelter Island Sound) in Greenport. Is there a second on that motion? MEMBER LEHNERT : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye CHAIRPERSON WEISMAN : Aye. We can't hear the next hearing until 10:40 we ran early a major miracle. We legally can't do it earlier. Motion to recess until 10:35. MEMBER DANTES : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye CHAIRPERSON WEISMAN : Aye. Motion to reconvene. MEMBER LEHNERT : Second CHAIRPERSON WEISMAN : All in favor? February 1, 2024 Regular Meeting MEMBER ACAMPORA : Aye ' MEMBER DANTES : Aye MEMBER LEHNERT : Aye CHAIRPERSON WEISMAN : Aye HEARING#7871—ANDREW and BARBARA DE LANNOY CHAIRPERSON WEISMAN : The next application before the Board is for Andrew and Barbara De Lannoy #7871. This is a request for a variance from Article III Section 280-15 and the Building Inspector's October 10, 2023 Notice of Disapproval based on an application for a permit to construct a new accessory garage at 1) located in other than the code permitted rear yard located at 7217 Peconic Bay Blvd. in Laurel. Is there someone here to represent the application? Come to the mic please and state your name for us. ANDREW DELANNOY : Good morning, my name is Andrew DeLannoy I'm joined today with my wife Barbara. CHAIRPERSON WEISMAN : Hi welcome. So let's have a look at what we're looking at here. So this is technically in a side yard where the code requires a rear yard location. It's a flagged lot right? As you know we did site inspections we were out to look at the property and what's around it. ANDREW DELANNOY : I accused you of being the plumber. CHAIRPERSON WEISMAN : No you wanted me to be the plumber. Anyway, so what do we want to know about this one? It would appear that your rear yard has a lot of trees back there. You have a cyclone fence there too with a gate? ANDREW DELANNOY : It's the golf course yes. CHAIRPERSON WEISMAN : Are those trees on your property? ANDREW DELANNOY : Yes CHAIRPERSON WEISMAN : Okay that's what it looked like. It is proposed to be adjacent to the neighbor's garage access through your driveway your long flagged lot. It looks like your existing side yard has an 80 foot side yard setback to the house. February 1, 2024 Regular Meeting ANDREW DELANNOY : Sixty CHAIRPERSON WEISMAN : I have 80 down here, 60 on the alright I just miswrote it. ANDREW DELANNOY : I'll take an 80. CHAIRPERSON WEISMAN : The opposite side from where you're proposing to put this the other side yard is 42 feet 6 inches? ANDREW DELANNOY : I think it's 46. MEMBER LEHNERT : 46.2, the survey says 46.2 it's very small. CHAIRPERSON WEISMAN : 46.2, where's the okay the only reason I bring it up, a side yard is a side yard but I bring it up because we did have a suggestion to put it on the other side of your house. However that would be a whole lot more crowded and you'd have to change your driveway and that's a very large side yard setback to the garage. What's the setback from the garage to the (inaudible)? MEMBER DANTES : 26 feet. MEMBER LEHNERT : 26 feet. CHAIRPERSON WEISMAN : That's where the 26 feet came from. This garage is unheated, unconditioned? ANDREW DELANNOY : Yes CHAIRPERSON WEISMAN : You have storage going on in there? ANDREW DELANNOY : We might put storage in the rafters above the garage. It's a one story building. CHAIRPERSON WEISMAN : Yea okay, one story. Alright I'll see if the Board has any questions, is there anything you'd like to say about the application? ANDREW DELANNOY : I appreciate your consideration. CHAIRPERSON WEISMAN : Eric do you have any questions? MEMBER DANTES : No, I mean this house is really nowhere near a street so CHAIRPERSON WEISMAN : Rob anything from you? :1z February 1, 2024 Regular Meeting MEMBER LEHNERT : One question, I mean basically just for the record why can't it go in the required rear yard? ANDREW DELANNOY : It's more of a preference from a standpoint of if we put it in that rear yard we'd have to remove more trees. When we built the house we only removed fourteen trees and we've already replaced thirty one trees, bushes so the desire is to leave it wooded. It would also by moving it into that rear yard would expose it to the two yards that abut the side property versus putting it where we're suggesting. It's hidden by one neighbor's garage. CHAIRPERSON WEISMAN : Also would you have to move your cyclone fence? ANDREW DELANNOY : Yes CHAIRPERSON WEISMAN : A piece of it. ANDREW DELANNOY : And we'd have to builda 85 foot driveway. CHAIRPERSON WEISMAN : Okay, that's information that's pertinent to the merits of the application that's why we ask. MEMBER LEHNERT : Absolutely CHAIRPERSON WEISMAN : Pat anything from you? MEMBER ACAMPORA : No, no questions. CHAIRPERSON WEISMAN : Is there anyone in the audience who wishes to address the application? Okay, hearing no further questions or comments I'll make a motion to close the hearing reserve decision to a later date. Is there a second? MEMBER DANTES : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye CHAIRPERSON WEISMAN : Aye, the motion carries. We'll have a decision in two weeks. February 1, 2024 Regular Meeting HEARING#7882—WILLIAM E. GOYDAN AS TRUSTEE CHAIRPERSON WEISMAN : The next application before the Board is for William E. Goydan as Trustee #7882. This is a request for a variance from Article III Section 280-15 and the Building Inspector's October 3, 2023 amended November 27, 2023 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and garage and construct a new single family dwelling with a pool addition and a new accessory garage at 1) accessory garage is located in other than the code permitted rear yard located at 1645 Marratooka Rd. (adj. to Deep Hole Creek) in Mattituck. LISA POYER : Good morning, Lisa Poyer Twin Fork Permits on behalf of the applicant. The property you're looking at used to be two properties recently and they merged so the survey that's in the files shows the properties as merged but the site plan as being presented right now actually shows the old two properties. One was vacant and one contains an existing residence and detached garage so that's just not updated with the merged the division line in between showing right now but the survey is correct showing the merged lots with the correct tax lot parcel number. CHAIRPERSON WEISMAN : So the proposed driveway off of Bungalow Lane is on their property? LISA POYER : Correct CHAIRPERSON WEISMAN : It certainly looked like it when we did an inspection. LISA POYER : I just wanted to clarify that as far as the two different plan sets. MEMBER DANTES : How were they merged by merger law or by lot line change? LISA POYER : I do not know Pat would have been able to answer that question she did the work. New deeds were filed with the County Center and a new tax lot number was assigned to the properties. MEMBER DANTES : So it's under one deed now then? LISA POYER : Yes, I don't know the difference between the two. It went through her office, I can find that information out and MEMBER DANTES : Through whose office? LISA POYER :Through Pat's office Pat Moore. 141 February 1, 2024 Regular Meeting MEMBER DANTES : Okay, nah when they go to the Health Department then they'll figure it out. T. A. MCGIVNEY : How long ago was this merged? LISA POYER : End of last year. BOARD SECRETARY : They might have something in the Assessors. LISA POYER : It's already filed with the Assessor's Office, that's what was taking us MEMBER LEHNERT : There's a copy of a deed in the application package. LISA POYER :That's the updated deed. MEMBER LEHNERT : Yea, April (inaudible) CHAIRPERSON WEISMAN : So we're fine with that. LISA POYER : The property is located along Deep Hole Creek and the owners the applicants are looking to construct a detached garage in the side yard of the new proposed principle dwelling. The project has been designed to meet all zoning aspects with regards to setbacks with the exception of locating the garage in the side yard. It's going to be just in a little bit of the location as the existing detached garage which in relation to the existing house is in the front_yard and side yard of the current property arrangement. The garage will be about 80 feet from the neighboring garage on the adjacent property to the what is that south direction MEMBER LEHNERT : Yea that would be south. LISA POYER : South, so we do meet the side yard setback requirements. Like I said it's going to be in the general location as what's currently existing right now. As you can see from the diagram shown on the screen that it's a two car garage, there will be attic space above for storage that are on the plans that were prepared by the architect that are dated 12/8/2023. The reason we're requesting this variance is due to the presence of wetlands on the property everything is being pushed towards the street. We are meeting the 100 foot setback to the residence as well as the other structures so we do meet the Trustee regulation requirements. That is a primary reason why we're asking for the garage in the side yard is due to the CHAIRPERSON WEISMAN : You don't need Trustees approval if you're within 100 foot setback. MEMBER LEHNERT : They're right outside of it. LISA POYER : I'm sorry we're 75 feet. February 1, 2024 Regular Meeting CHAIRPERSON WEISMAN : So you are going to need Trustees. LISA POYER : We will need Trustees, we know we needed to come to you first and then we're going to file an application to the Trustees. The garage itself will be 100 feet, the house will be 75 feet as far as the lot arrangement. Given the topography of the site it's the highest point along the road and then it does slope down towards the water. So from a visual aspect it will not be as visible from the road as another regular two story detached garage would typically because you are about ten feet lower than what you are at the road back there. CHAIRPERSON WEISMAN : Yep, just so you know we've all been out there to inspect the property it's got substantial slopes. LISA POYER : Yes we're trying to work with what we have as far as dealing with slopes and the grading and drainage. We don't believe this is an undesirable character of the neighborhood as it is residential use, it's a common residential accessory structure and it will fit into the character of the neighborhood. CHAIRPERSON WEISMAN : There's dry wells on here, is there a proposal for an IA system? LISA POYER : We are designing that. That will go before the Health Department and that will be reviewed by the Trustees as well. CHAIRPERSON WEISMAN : Okay, well you know once again two front yards and wetlands it's amazing you can get everything to conform as much as you did to tell you the truth. LISA POYER : The additional lot helps. CHAIRPERSON WEISMAN : Yea of course sure it does. LISA POYER : You can make it a little bit longer. CHAIRPERSON WEISMAN : Okay, Rob do you have any questions? MEMBER LEHNERT : Just one, how do you propose to access the storage above the garage? I don't see any pull down stairs or anything on the plan. LISA POYER : I will refer to the architect on that. Would you like revised plans to show that? MEMBER LEHNERT : We should have something. CHAIRPERSON WEISMAN : What's going to be up there? MEMBER LEHNERT : Yea how do you access it. February 1, 2024 Regular Meeting LISA POYER : Okay, can we do that as a condition? i CHAIRPERSON WEISMAN : We could that way it doesn't delay the decision. LISA POYER : Appreciate that thank you. CHAIRPERSON WEISMAN : Okay, so we're going to ask for updated garage plans, floor plans. LISA POYER : Also I'll get the site plan to remove that additional middle property line. MEMBER DANTES : Yea, you're also going to get to change the building envelope to change too. LISA POYER : Yes MEMBER DANTES : Because that'll take away that 15 foot side yard setback (inaudible) that's being violated. LISA POYER : Yep CHAIRPERSON WEISMAN : Okay, everybody good with that? Pat do you have any questions? MEMBER ACAMPORA : I'm noticing on the site plan drawings windows that I would assume would be for the attic. Is the attic going to be used for storage or do you have any plans for storage in that area? LISA POYER : It's labeled as storage. I think the windows were added for aesthetic purposes. CHAIRPERSON WEISMAN : It's unheated, unconditioned space? LISA POYER : Correct CHAIRPERSON WEISMAN : Alright, let's see if I have anything else. Anyone in the audience wanting to address the application? Motion to close the hearing reserve decision to a later date. Is there a second? MEMBER DANTES : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye February 1, 2024 Regular Meeting CHAIRPERSON WEISMAN : Aye MEMBER LEHNERT : We can do a condition. CHAIRPERSON WEISMAN : That way if it's delayed slightly it doesn't matter especially with surveys. HEARING 3 7874—BRIAN W. FLANAGAN and LAURA K. FLANAGAN CHAIRPERSON WEISMAN : The next application before the Board is for Brian W. Flanagan and Laura K. Flanagan #7874. This is a request for variances from Article XXIII Section 280-124, Article XXXVI Section 280-208A and the Building Inspector's October 16, 2023 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition) and reconstruct a single family dwelling at 1) located less than the minimum required side yard setback of 10 feet, 2) the construction exceeds the permitted sky plane as defined in Article I Section 280-4 of the Town Code located at 980 Oak Ave. in Southold. MARTIN FINNEGAN : Good morning everybody, for the record Martin Finnegan 13250 Main Rd. Mattituck for the applicants. As Leslie mentioned we're here today for two variances. This as you probably observed is a very small modest home on Oak Ave. in Southold in the Goose Creek Estates subdivision. The applicants are seeking to simply renovate the structure and that has triggered because of the deemed demo has triggered the elevation for FEMA compliance. They are also seeking to add a small deck addition to the back of the house. Obviously at first glance we explored the option of moving the home to avoid the need for variance relief. I then followed up with that with the Trustees and had a pre submission conference with them where they looked at it and said you know don't move the house go to the ZBA because we really don't think it makes sense to move it and it would also trigger compliance with the new pier line regulations which would in turn pretty much require us to shave off what is already an extremely small tight living space. If you look at the dimensions here we have a home that is 922 sq. ft. where we to seek compliance with pier line we'd barely have a home that was a single family residence by definition. So anyway as to the sky plane it is triggered it's a very de minimus relief needed simply triggered by the elevation of the home which is a less than three feet elevation but it pushed us up into the sky plane. It's a relatively straightforward application, we have you know essentially just looking to elevate and renovate within the existing footprint of the house with the only new construction just being the deck which of course if we elevate the house the deck becomes even more of a necessity..Just to touch on the criteria, we would submit that the granting of the requested February 1, 2024 Regular Meeting variance relief will not have any impact on the character of the neighborhood or be any detriment to nearby properties. I should note that there was a prior application before the Board as you're aware for this very same property and it involved similar relief and at that time there was a need for bulkhead setbacks that were granted. That was going to be a larger renovation and the applicant at that time the prior owner did agree to move it over but that all pre-dated the pier line regulations which are another factor here. So as you may also be aware, in the Goose Creek Estates neighborhood there are other homes that have benefited from side yard setback relief. I've cited them in my Memo of Law varying from about 6 foot relief to about 8 feet on different homes some of them very close to this home. I mean this neighborhood is just all these very small lots and houses of different shapes and sizes but one other important issue or factor here is that this home is obviously in significant disrepair. It desperately needs a refresh and that's what the Flanagan's want to do and we would argue that that is a net positive to improve the aesthetics of this home to all the neighbors. I think that is supported by that fact that we have thirteen letters of support so clearly the neighborhood is rallying behind the effort here to get this done. I don't know that I've ever had thirteen letters of support or anything before this Board. At the end of the day we're still going to have an extremely modest home and that is something that the Trustees noted in their observation of this like what are we talking about, this is not a big deal here. Can we do it without variance, I would submit no based on our interactions with the Trustees we don't believe that we can accomplish this renovation and elevate the house and maintain what is this very small living space without your help here. The deck addition is less than 400 sq. ft. I do have the applicants this is by no means official but it is just a mockup of what the house would look like when it's all done and if I can I'm just going to hand it up just so you have a visual. It's we're not talking about some big (inaudible) MEMBER LEHNERT : It's still going to remain a one story house. MARTIN FINNEGAN : At the end of the day that's it. CHAIRPERSON WEISMAN : Martin I have a question about the sky plane. Kim do you have a copy put that in our file, you might need to scan that. Well let me first enter into the record that side yard setback is for a 5 feet 5 inches, the code requiring a minimum of 10 which is where it sits now. MARTIN FINNEGAN : Yes CHAIRPERSON WEISMAN : So it's just renovating in the same footprint approximately. MARTIN FINNEGAN : Exactly CHAIRPERSON WEISMAN : Now, you say that the sky plane is a de minimus, what exactly is it? February 1, 2024 Regular Meeting MARTIN FINNEGAN : In terms it's less than 3 sq. ft. I believe was the calculation I was told by the architect. As you can see on A-1 on the plans it is just simply the very top corner of what is unconditioned attic area. MEMBER LEHNERT : A-3, those plans are different than what I'm looking at. MEMBER DANTES : You gotta go to A-3 MARTIN FINNEGAN : A-3 I'm sorry. MEMBER LEHNERT : That was part of my confusion, the old ones show the setback completely different. MARTIN FINNEGAN : Yea, we had I thought yea we did. I'm sorry there was a little bit MEMBER LEHNERT :The one on the screen is correct. MEMBER DANTES : I have a question for you, so basically this pier line if you had to meet it you'd have to pull the house back 10 feet right to get that bump out behind the pier line that's the regulation? MARTIN FINNEGAN : Yes, as to principle structures you cannot and the Trustees this is their they've been waiting for it and they were like don't even. MEMBER DANTES : But then they'll let you build the deck in front of the pier line? MARTIN FINNEGAN : Yea because I understand that when a deck is attached it's treated as part of the principle structure but from my conversations with them my understanding is they don't look at it that way they look at it as an accessory structure so they're not worried about the deck within the pier line it's just the actual structure itself. They don't want to break the ice there on that. CHAIRPERSON WEISMAN : Well if it's elevated to FEMA MARTIN FINNGAN : If we move it forward of course we'd have to get a front yard variance so that's MEMBER DANTES Oh you don't have room to pull it back to still meet the front yard variance,that was my question. MARTIN FINNEGAN : No we're right at CHAIRPERSON WEISMAN : What's the septic requirement on this? February 1, 2024 Regular Meeting MARTIN FINNEGAN : The renovation does contemplate an upgrade to an IA system. The applicants have agreed to doing that. MEMBER DANTES : My other question for you is, did the Trustees say anything about these concrete troughs that are (inaudible) MARTIN FINNEGAN : No and I was like don't (inaudible) CHAIRPERSON WEISMAN : (inaudible) on the subject property I think it's like it looks like it's almost like in between properties. MARTIN FINNEGAN : It starts on the neighboring property MEMBER LEHNERT : and then it goes back onto their property. MARTIN FINNEGAN : There's apparently these existing when Goose Creek was built I believe there are other homes that have them as well. It is a little bit when I arrived before the Trustees I was like CHAIRPERSON WEISMAN : In total violation of the drainage code. MEMBER LEHNERT : It looks like the town is violating it not the property owner. CHAIRPERSON WEISMAN : Well it look it's an asphalt road across the street from that right into the bay is like ridiculous right to the creek. MEMBER DANTES : Who owns the street the town? MARTIN FINNEGAN : Yea MEMBER DANTES : I would start complaining to the Engineers Department about that cause they're not supposed to CHAIRPERSON WEISMAN : They should come in and put property drainage on the street. MARTIN FINNEGAN : That's been there since day one so I think everybody it's not as if everybody you know pouring their turpentine in there. MEMBER LEHNERT : If you take it out it's just going to flood out these properties without the town putting drainage in. MARTIN FINNEGAN : Anyway just ticking off the list here, obviously to substantiality we would submit that even though it's 45% we're only increasing the height a little bit, staying within the footprint so on balance to achieve FEMA compliance we would argue that it is not February 1, 2024 Regular Meeting substantial and again I would submit that the sky plane variance is relatively de minimus. As to adverse impacts there's no indication that this would have any impact at least. With our conversations with the Trustees they suggested that they feel that this would be the best way to go in terms of the neighboring waterbody there. Obviously as I mentioned we will upgrading the sanitary system which also will be a net benefit environmentally. So that is really it's you know I would note that there is already significant screening on the east side of the property so you know that's taken care of to the extent that that would need to be enhanced I think the applicant won't have a problem with that. It's pretty straightforward otherwise, if there's any other questions I'd be happy to. MEMBER LEHNERT : Pretty much you're just violating the sky plane by complying with FEMA. MARTIN FINNEGAN : Right, to have a 922 sq. ft. house. MEMBER LEHNERT : Keep a single story residence in the same exact spot, you break one law to comply with the other. MARTIN FINNEGAN : Right, so I mean if we were on the second floor I could see you having a little bit of a CHAIRPERSON WEISMAN : Then you'd have to start with averaging to make (inaudible). Is there anybody on Zoom who wants to address this application? CHRIS MASCIA : Hi, my name is Chris Mascia I'm the neighbor to this property. I just had a couple of questions more than issues. I had submitted an email regarding our concerns. One of the concerns that we had was with the sky plane because the only plans that we could address on the website depicted a difference in calculations that you guys just now verified it made it a little bit more clear. The plans that I had were not the plans that were submitted today. So it's a little bit more clearer now as to what the sky plane how that would affect our property at 910. The other issue that I bring up the side variance, I totally understand this situation of the house and keeping it there is probably the easiest. However I just want to bring to your attention, there is 31.9 feet on the other side. I understand the pier line issue but if they're demoing this house and having to rebuild doesn't that still bring that pier line issue into effect in bringing the or keeping the sunroom where it is? Either way they're going to be you know having an issue with that pier line. CHAIRPERSON WEISMAN : I can answer your question if you want. CHRIS MASCIA : Sure, yes. I February 1, 2024 Regular Meeting CHAIRPERSON WEISMAN : What they're basically this is not a complete demolition. It's a demolition per Town Code and Town Code says that if you are demolishing more than fifty percent of the value of the existing structure it is a technical demolition. It doesn't mean they're tearing everything down. It's confusing I know. So what they're trying to do is really save what they can and renovate the vast majority of it to make it a habitable, nice single story dwelling and pretty much keeping it where it is. The sky plane is so minimal I mean it's literally a corner of the roof that's it. CHRIS MASCIA : Yep definitely it's more visible today after those plans were updated so that looks much better to us. MEMBER LEHNERT : I think if they weren't lifting the house they wouldn't even (inaudible) demolition. CHAIRPERSON WEISMAN : I mean it would still be the same side yard but nevertheless it wouldn't be and they're required as you know there's a lot of flooding there and I know flooding was one of your concerns with runoff but the applicant Will have to comply with the onsite drainage code with Chapter 236 of the Town Code. That goes without saying, they won't get a building permit unless they comply. They'll have to have drywells, they'll have to have gutters and leaders you know downspouts and all that.to make sure that nothing drains on anybody else's property. CHRIS MASCIA : Those troughs turn into rivers. CHAIRPERSON WEISMAN :That's the town's problem. CHRIS MASCIA : We're very excited for this project. I think that brining this into the neighborhood is going to be such a beautiful addition. You know we're more concerned with the sky plane and that's been clarified today and we appreciate that. CHAIRPERSON WEISMAN : Thank you for your testimony. Anything from anybody in the audience? Pat do you have any questions? MEMBER ACAMPORA : No questions, you've answered and I think we've covered just about everything on this. CHAIRPERSON WEISMAN : Okay nothing more from you Rob or Eric? Okay motion to close the hearing reserve decision to a later date. Is there a second? MEMBER LEHNERT : Second CHAIRPERSON WEISMAN : All in favor? February 1, 2024 Regular Meeting MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye CHAIRPERSON WEISMAN : Aye, the motion carries. HEARING#7875—ANGELO CHANTLY CHAIRPERSON WEISMAN : The next application before the Board is for Angelo Chantly#7875. This is a request for variances from Article III Section 280-15, Article XXIII Section 280-124 and the Building Inspector's October 10, 2023 Notice of Disapproval based on an application for a permit to legalize an "as built" accessory pavilion at 1) located in other than the code permitted rear yard, 2) more than the code permitted maximum lot coverage of 20% located at 80 Watersedge Way in Southold. MEGAN CARRICK : Hello everyone, my name is Megan Carrick I'm from Charles Thomas's office in Riverhead. I'm here representing our client today who as you can see had a really nice stone patio in their back yard then decided they wanted an outdoor kitchen and then were like oh let's put a roof over it. I think all of us here know today they should have gone for a permit, our client now knows that so I'm here to kind of rectify that situation. Now given that it's there a positive that I can take out of this is given its location, it's not really visible from the road. The neighbor to the west which is really the only neighbor kind of affected by this, there's a lot of screening there and it backs up to the driveway so we don't really believe that this has a negative impact to the character of the neighborhood. So I'm happy to answer any further questions you guys have. CHAIRPERSON WEISMAN : Well we've all been out to inspect the property and let's see so let's enter into the record what we're looking at. A side yard location for the pavilion where the code requires a rear yard and a lot coverage at 24.8%where the code permits a maximum of 20%. This property has two front yards. The pergola is near the swimming pool in the rear yard and it's only slightly in the side yard actually of the secondary front yard on a two frontages. As you say you can't really see it from the street, you can barely see the roof of the pavilion you can see it a little bit not very much. I don't really have any particular questions about this, Eric how about you? MEMBER DANTES : No February 1, 2024 Regular Meeting CHAIRPERSON WEISMAN : Nothing from you, anything from you Pat? MEMBER ACAMPORA : Nothing from me. CHAIRPERSON WEISMAN : How about you Rob? MEMBER LEHNERT : If you take the pool out of the lot coverage they'd only be here for the side yard. CHAIRPERSON WEISMAN : Okay, so it's the pool that puts lot coverage over limit. I don't really have any other questions either. Is there anyone in the audience who would like to address this application?Alright then 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 CHAIRPERSON WEISMAN : Aye, we'll have a decision in two weeks. I'm going to make a motion to recess for lunch. Is there a second? MEMBER DANTES : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye CHAIRPERSON WEISMAN : Aye CHAIRPERSON WEISMAN : Motion to reconvene. Is there a second? MEMBER LEHNERT : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye February 1, 2024 Regular Meeting MEMBER DANTES : Aye MEMBER LEHNERT : Aye CHAIRPERSON WEISMAN : Aye HEARING#7876—STEVEN GUDDAT and TORREY ACRI CHAIRPERSON WEISMAN : Good afternoon, the next application before the Board is for Steven Guddat and Torrey Acri #7876. This is a request for a variance from Article III Section 280-14 and the Building Inspector's October 2, 2023 Notice of Disapproval based on an application for a permit to construct a deck addition to an existing single family dwelling at 1) located less than the code required minimum front yard setback of 75 feet located at 36581 CR 48 in Peconic. Is there someone here to represent the application? SEAN MADIGAN : Hi my name is Sean Madigan. CHAIRPERSON WEISMAN : So this is a deck addition to a single family dwelling with a rear yard setback proposed at 63 feet 5 and 1/16th inch now that's what I call fine measuring where the code requires 75 feet. This is a property in the AC zone, 188,173 sq. ft. lot, pool is in a rear yard. What else do you want us to know about it? SEAN MADIGAN : So the deck is in between the house and the pool which would be an ideal location. I'm the architect on the project, we studied alternative locations for this particular seating area for the pool and keeping it as close to the house was the ideal location. We thought that kind of in the essence of the code to try to keep this kind of development as far away from the setbacks as possible but still have enough room for seating. CHAIRPERSON WEISMAN : It's only a portion of it actually that's what is this I'm looking at? SEAN MADIGAN :Just a corner is cut off. CHAIRPERSON WEISMAN : Yea. SEAN MADIGAN : I think it's about 169, 170 feet of the deck is in non-compliance as it is drawn now. I will point out the (inaudible). CHAIRPERSON WEISMAN : I don't think that's considered a structure cause it's not (inaudible) it's a shame. We've all gone out and inspected the property (inaudible) before a hearing and February 1, 2024 Regular Meeting (inaudible) at the end of a really long right of way. I don't see that it's going to have an impact on anybody. SEAN MADIGAN : (inaudible) neighbor to the northeast and they were (inaudible). CHAIRPERSON WEISMAN : (inaudible) Eric any questions? MEMBER DANTES : No CHAIRPERSON WEISMAN : Pat do you have any questions on this application? MEMBER ACAMPORA : No questions but I know that in the Legal Notice it says front yard setback and the Building Department says rear yard setback. CHAIRPERSON WEISMAN : My Legal Notice says rear deck with rear yard setback of 53 feet 5 1/16th. (inaudible) MEMBER LEHNERT : The Legal Notice says front yard. MEMBER ACAMPORA : Yea the Legal Notice says front yard. CHAIRPERSON WEISMAN : So that's a mistake. Well is there anyone in the audience who wants to address this application? Is there anybody on Zoom Liz? Since there's nobody in the audience or on Zoom who wants to address the application 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 CHAIRPERSON WEISMAN : Aye, we'll have a decision in two weeks at our next meeting. It's an open meeting, you can attend or you can Zoom in if you want. You don't have to we don't take any testimony but we will have a draft decision, we discuss it and then we vote on it. I'll go in the next day and sign it. February 1, 2024 Regular Meeting HEARING#7877— RICHARD A.ANTUNOVICH and ANNE ANTUNOVICH CHAIRPERSON WEISMAN : The next application before the Board is for Richard A. Antunovich and Anne Antunovich #7877. This is a request for variances from Article XXIII Section 280-124, Article XXXVI Section 280-207A(b) and the Building Inspector's November 8, 2023 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition) and reconstruct a single family dwelling at 1) located less than the code required minimum front yard setback of 35 feet, 2) located less than the code required minimum rear yard setback of 35 feet, 3) gross floor area exceeding permitted maximum square footage for lot containing up to 10,000 sq. ft. in area located at 1845 East Gillette Drive in East Marion. URAL TALGAT : Ural Talgat the Architect and the owners Richard Antunovich are here. We here to answer any questions you may have and I also have a letter from one of the neighbors in support of the application. CHAIRPERSON WEISMAN : Just to let you know we've all went to inspect (inaudible) see what the neighborhood looks like we all know that neighborhood (inaudible). Let me just enter into the record what exactly the variance relief is. So this is a technical demolition of a single family dwelling as per Town Code and reconstruction (inaudible) 24 feet 9 inches, the code requires a minimum of 35. A rear yard setback of 21 foot 2 inches, the code requires 35. The gross floor area is proposed at 2,906 square feet but the code permits a maximum of 2,000 so 860 sq. ft. over than what the code is now permitting. This is for a second floor addition (inaudible). Ural are you aware that (inaudible) GFA averaging in the neighborhood? URAL TALGAT : I didn't know that.This is a new code so I didn't know that. CHAIRPERSON WEISMAN : That's why I'm telling you because we do one of the reasons that we thought we can address here to the neighborhood was a (inaudible) front yard setback averaging which everybody knows about so we didn't put that (inaudible). Most people seem to respond in know (inaudible) supposedly on one side the same side of the street 500 feet in either direction. We've allowed occasionally across the street as well. (inaudible) URAL TALGAT : There are and on my second sheet here part of the site plan I've shown the neighborhood (inaudible) but I'm not able to get their floor area. So therefore I just located these houses and labeled them as two story and most of them are (inaudible). CHAIRPERSON WEISMAN : Well I think the way most people would (inaudible) the Assessors and pull property cards we can't do that. (inaudible) Are you building over an existing footprint? URAL TALGAT : Yes over the existing footprint. February 1, 2024 Regular Meeting MEMBER LEHNERT : (inaudible) CHAIRPERSON WEISMAN : So at least we have some (inaudible) most of them two story. Some people have similar sized lots and some of those lots are bigger. They're going to be bigger gross floor areas. URAL TALGAT : Sure, correct. One of the other things I found out (inaudible) property but that there was a variance in 1969 for the front yard. We're not going to come closer than that (inaudible) point that out to the Board. MEMBER LEHNERT : You're keeping the existing setbacks that you have you're just going up. URAL TALGAT :Just going up. CHAIRPERSON WEISMAN : The houses on either side are both two stories. (inaudible) rear yard is very heavily landscaped it's adjacent to a wooded lot,(inaudible). URAL TALGAT : We were told by the Building Department that we have to get something from the Trustees some kind of letter and also from the D.E.C. so those applications are in. The other application which is about to go in is the Health Department. The Building Department wanted us to go to the Health Department on this project. CHAIRPERSON WEISMAN : (inaudible) URAL TALGAT : We're keeping the same number of bedrooms we're not increasing that at all. MEMBER DANTES : (inaudible) RICHARD ANTUNOVICH : My name is Richard Antunovich. There are two septic systems. About a year ago Mr. Morris the Cesspool Company he came out and I wanted to make sure that everything was taken care of and I didn't have problems and he was able to identify two one industrial sized septic system and two separate cesspool-off of it. CHAIRPERSON WEISMAN : So it's one system but it's got more than one pool. RICHARD ANTUNOVICH Yes and he did show me he took some measurements from the corners of the house to identify two points (inaudible) be located. CHAIRPERSON WEISMAN : So that that way it's easier for you to identify, you don't have to dig up your whole front yard. RICHARD ANTUNOVICH : Yea so I have it on a survey correct. CHAIRPERSON WEISMAN : So you need Trustees and D.E.C. for (inaudible)? February 1, 2024 Regular Meeting URAL TALGAT : I believe Trustees is not an approval it's an NJR and I believe the D.E.C. will also be a non-jurisdictional cause we have a road (inaudible) there's enough distance. I don't know if I have that on the site plan (inaudible). MEMBER LEHNERT : The road usually takes care of that. URAL TALGAT : Right we're 154 feet from the edge of wetlands to the property line and the road does (inaudible). CHAIRPERSON WEISMAN : So if this (inaudible) the septic system for approval by Suffolk County Health Department if that works. MEMBER DANTES : Why do you need to go to the Trustees at all if you're 150 or so feet away? CHAIRPERSON WEISMAN : No it's for a non-jurisdictional letter the Building Department wants it. URAL TALGAT : The Building Department asked us to get a letter from the Trustees and also the D.E.C. even though we know we're out of their jurisdiction they wanted that letter. MEMBER DANTES :The D.E.C. is 150 feet so I understand that. CHAIRPERSON WEISMAN : I know (inaudible) approvals and everything. So it is likely that you'll be using the same system unless Suffolk County(inaudible). URAL TALGAT : Right I have a F.O.I.L. into the Health Department to see what we have and based on if it's an approved septic system then we can just use that system but the Building Department required us to get that information. CHAIRPERSON WEISMAN : (inaudible) not from my house (inaudible)they couldn't find. URAL TALGAT : Well I've done a bunch of projects where they couldn't find in anything and we had to go and put an IA system in. CHAIRPERSON WEISMAN : You know what because it's new construction we'll just put down as approved system by Suffolk County Health Department. Is there anybody in the audience who wants to address this application? Is there anybody on Zoom? Pat do you have any questions? MEMBER ACAMPORA : No questions. CHAIRPERSON WEISMAN : Anything else from the Board? February 1, 2024 Regular Meeting MEMBER LEHNERT : We can leave this open to the Special Meeting so he can provide his calculations? BOARD ASSISTANT : GFA averaging. MEMBER LEHNERT : It looks like (inaudible) impact. CHAIRPERSON WEISMAN : (inaudible) investigate that with the Assessors. (inaudible) MEMBER LEHNERT : It's significant. You'll definitely be less than what we have. URAL TALGAT : Would that impact the Board's decision? CHAIRPERSON WEISMAN : It probably will. I mean it's certainly you know we're always looking for lesser variances cause we're only legally allowed to grant the minimum variance required. So you know we do this a lot (inaudible) properties in the neighborhood that have excessive lot coverage comparable to what you're proposing it mitigates it's still the same (inaudible) that's what we're looking for in the situation. MEMBER LEHNERT : You would definitely (inaudible) CHAIRPERSON WEISMAN : The less substantial variances (inaudible). URAL TALGAT : So I can go into town records at the Assessor's Office, pull out the property card (inaudible). CHAIRPERSON WEISMAN : Well you already know the lots so it's easy, just say I want to see this, this, this and this for the ZBA. URAL TALGAT : Okay so that would mean that would come back next month? CHAIRPERSON WEISMAN : No, no, no we would just close the hearing subject to your submitting that information and as soon as we get it the clock will start running. So we have sixty two days from the day of the closing of the hearing and if it's subject to receipt from the date we received we have sixty two days. If we can we try to make a decision at our next meeting which would be two weeks from today, then we'll have a draft ready and we'll discuss it before the public you can attend or Zoom in if you wish but the hearing is closed there's no more testimony. (inaudible) the merits of the application so we'd like to afford people that option. So why don't we do that and close it subject to receipt well why don't we just close it subject to receipt and then as soon as we get it we'll start writing up something you can get it soon. (inaudible) in two weeks. 1 February 1, 2024 Regular Meeting URAL TALGAT : I'm going to be away for several weeks and that's why I'm saying to myself I'll be back and then I'll do that. (inaudible) CHAIRPERSON WEISMAN : No we just leave it open until we receive it and if it's delayed you know then (inaudible). You can just walk over there right now and start pulling those cards. URAL TALGAT : Okay we'll do that. So for my understanding (inaudible) basically it's the lot area and then you take the floor area of the building (inaudible) you come up with that ratio just like I've done here. CHAIRPERSON WEISMAN : It can be done that way or you can just say this property on that sized lot has this gross floor area, that has that, that has that. Then take all three of those gross floor areas, you add (inaudible) and divide by three that's the average. URAL TALGAT : Got it, we're not talking about the second floor we're just talking about floor ground floor area. CHAIRPERSON WEISMAN : No, no, no the buildable floor area so it's first floor, second floor. URAL TALGAT : Got it. CHAIRPERSON WEISMAN : And you have to add those so this house is X number of square feet, that one is that, that's that you're proposing this, and therefore you know it's not much over of what's there. MEMBER LEHNERT : (inaudible) equation is going to come out a lot better. URAL TALGAT : I will get that information and put that together. Can I just email it to the Board? CHAIRPERSON WEISMAN : Email it to Kim. I'm going to make a motion to close the hearing subject to receipt of information on gross floor area of comparable properties in the subject neighborhood. Is there a second? MEMBER LEHNERT : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye February 1, 2024 Regular Meeting CHAIRPERSON WEISMAN : Aye, the motion carries. So we've done the Resolutions so we're good on that. I'm going to make a motion to close the meeting. MEMBER LEHNERT : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER LEHNERT : Aye CHAIRPERSON WEISMAN : Aye,the motion carries meeting is closed. February 1, 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 Elizabeth Sakarellos DATE : February 6, 2024