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HomeMy WebLinkAboutZBA-08/01/2024 Hearing TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK: STATE OF NEW YORK t --------------------------------------------------------------------------------------- TOWN OF SOUTHOLD ZONING BOARD OF APPEALS --------------------------------------------------------------------------------------- Southold Town Hall &Zoom Webinar Video Conferencing Southold, New York August 1, 2024 10:04 A.M. Board Members LESLIE KANES WEISMAN - Chairperson PATRICIA ACAMPORA—Member ERIC DANTES—Member ROBERT LEHNERT—Member (Absent) NICHOLAS PLANAMENTO— Member (Vice Chair) KIM FUENTES— Board Assistant JULIE MCGIVNEY—Assistant Town Attorney ELIZABETH SAKARELLOS—Senior Office Assistant DONNA WESTERMANN —Office Assistant 1 August 1, 2024 Regular Meeting INDEX OF HEARINGS Hearing Page Emily Geiger#7925SE 4-8 Carmen Brooks#7930 8-9 Evan Giniger#7926 11 - 13 Rick Nappi #7928 13 - 14 Dante Apuzzo#7929 15 - 22 Paul Seck#7931 22 - 27 Paul Betancourt#7932 28- 35 North Road Hotel LLC, Hotel Moraine#7927SE 35 -50 North Road Hotel LLC, Hotel Moraine#7953 35 - 50 Henry Bostic and Ambriel Bostic#7934 50-58 Silver Sands Holdings I, LLC#7893SE 58 Silver Sands Holdings I, LLC#7894 58 Silver Sands Holdings I, LLC#7914SE 58 Silver Sands Holdings I, LLC#7897 58 August 1, 2024 Regular Meeting CHAIRPERSON WEISMAN : Good morning everyone and welcome to the meeting of the Zoning Board of Appeals for August 1, 2024. Please all rise and join me for the Pledge of Allegiance. The first matter on the Agenda is, Resolution 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 617.5 c including the following: Emily Geiger, Carmen Brooks, Evan Giniger, Rick Nappi, Dante Apuzzo, Paul Seck, Paul Betancourt, Henry Bostic and Ambriel Bostic so moved. MEMBER ACAMPORA : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye. SEQRA Statement, North Road Hotel, LLC/Motel Moraine #7927 subject action to construct a new motel building (10 units) and to construct an addition to an existing motel building (4 units) to be declared as an Unlisted Action by the Planning Board as Lead Agency, so moved. MEMBER ACAMPORA : Second CHAIRPERSON WEISMAN :All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES :Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye. SEQRA Statement to be declared as a Type II Action by the Planning Board as Lead Agency for the following applications: Silver Sands LLC 7893SE, Silver Sands LLC 7894, Silver Sands LLC 7897, Silver Sands LLC 7914SE, so moved. MEMBER ACAMPORA : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye August 1, 2024 Regular Meeting MEMBER DANTES : Aye CHAIRPERSON WEISMAN : Aye MEMBER PLANAMENTO : I'm recused from that. CHAIRPERSON WEISMAN : Jonathan Presseau this was adjourned from July 25, we just got Anthony Portillo's calculations for the GFA and have not had time to review them, they came in this morning. So, I'm going to make a motion to adjourn this application to the Special Meeting on August 15th. Is there a second? MEMBER ACAMPORA : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye HEARING#7925SE—EMILY GEIGER CHAIRPERSON WEISMAN : The first public hearing before, the Board is for Emily Giniger #7925SE. 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 located at 2345 Ackerly Pond Lane in Southold. PAT MOORE : Good morning, Emily Geiger is here if there are any questions that we have to pose to Emily. This is an existing structure, an existing garage built in 1984. The prior owner Fickerling is the one who built or completed the interior space we think from comments and information that he had his repair shop on the first floor and he completed the second floor as a living space we believe when he went through a divorce and they I guess one spouse was in the house and the other one was in the space. Ultimately the property was sold and when August 1, 2024 Regular Meeting Ms. Geiger purchased the property the structure remained as is. Given the need for affordable housing in the Town of Southold she made the decision that I might as well legalize it, spruce it up and provide housing for somebody who needs it. If you have any particular questions, I'd be happy to answer them. You have the floor plans of the interior which will require some minor modifications, the kitchenette it will be something that needs to be added and the stairway from the first floor will just need to be segregated from the storage space on the first floor. So, that's how the drawings have been prepared and obviously that will not be done until the approvals are obtained.Are there any questions? CHAIRPERSON WEISMAN : We do have in our file a confirmation of the conforming livable floor area at 607 sq.ft. PAT MOORE : I don't know how Mike calculated it, it might have been CHAIRPERSON WEISMAN : I don't either cause I got 504. PAT MOORE : The architect got 584 so I don't know. CHAIRPERSON WEISMAN : Well they're all conforming. What will be necessary let me just enter this into the record, we have in our file documentation of principle residency, a driver's license, a voter registration card, property taxes and so on. There's an unexecuted rental lease a draft and I guess the applicant is going to have to go to Gwynn Schroeder and see who is on the affordable housing list who is eligible and can do some interviewing or whatever and make a determination so long at its followed in that way. I don't really have any questions, we've all well enough of us saw the property. Pat and I did, did it you see it, Nick? MEMBER PLANAMENTO : Yeah I did seethe property. T. A. MCGIVNEY : Did we ever get clarification on the two sheds? CHAIRPERSON WEISMAN : No, I don't I think they have C.O.'s. There's a 1994 C.O. for the garage signed by Arthur Bloom. PAT MOORE : There's also a 1990 C.O. that includes a storage shed. CHAIRPERSON WEISMAN : I have a C.O. for a shed March 28, 2024. PAT MOORE : There's a Pre C.O. MEMBER DANTES : (inaudible) code conforming side yard setback. CHAIRPERSON WEISMAN : Is there anything else from the Board? i August 1, 2024 Regular Meeting MEMBER PLANAMENTO : I just wanted to ask actually the fellow Board Members, I neglected when I was there not that I think it necessarily impacts the application but there's the existing shop area behind the garage I didn't research what's going on in therelso, did anyone see is there a bathroom or other facilities? EMILY GEIGER : (inaudible) wood planking sitting behind the garage, it's just some planks, that's going to be removed. MEMBER PLANAMENTO : Where you got the existing garage this area that runs (inaudible) EMILY GEIGER :That was always there. MEMBER PLANAMENTO : No I'm not questioning that I'm just from the idea I know that you're proposing a fire rated wall to limit access between the apartment the second floor apartment and the first floor dry storage area it's plausible that somebody could take the wall down, expand and you can end up with a substantially larger apartment so I was just asking my fellow Board Members if anyone took the time to look at the workshop area. PAT MOORE : That's on the first floor not on the second. MEMBER PLANAMENTO : Agreed, all I'm saying is that the wall could be removed and then you have a first floor living room and things grow. PAT MOORE : I mean it's subject to a rental permit so I don't think it would MEMBER PLANAMENTO : And it's supposed to be as you know annually inspected etc., so I just was asking my fellow Board Members. EMILY GEIGER : It was suggested that a wall should actually be put up by�the door. f MEMBER PLANAMENTO : Absolutely PAT MOORE : Oh an exterior door. EMILY GEIGER : Yes so that there is no access to that area from upstairs.'Right now, that foyer is full of stuff, I'm cleaning for a yard sale MEMBER PLANAMENTO : I saw, it's full,that's part of the reason that I'm asking. EMILY GEIGER : Yes it's full of stuff but that is not it should not be accessible to the upstairs. I mean it is at the moment but the idea MEMBER PLANAMENTO : So the apartment will be contained on the second floor. August 1, 2024 Regular Meeting EMILY GEIGER : that it would not be. CHAIRPERSON WEISMAN : Anything from you Eric? MEMBER DANTES : Just so you understand the affordable housing list, when apartments are available that's when people start applying from the list. EMILY GEIGER : Yes MEMBER DANTES : So, you'd have the option of finding a person you Like and then getting the see if they qualify and adding them. EMILY GEIGER : They'd have to qualify to be on the list. MEMBER DANTES : No I understand that but if you meet someone and you think it's a great tenant, you can ask them to apply to the list and pick them. CHAIRPERSON WEISMAN : If in fact they're eligible income wise and so on. MEMBER DANTES :That list it gets stale when there aren't any apartments available. EMILY GEIGER : Okay, so it isn't that you have to take the first person on the list? CHAIRPERSON WEISMAN : No not at all, in fact you can interview as many as you want until you find somebody that you feel is (inaudible). The point is, you have options as to who is going to live on your property, you're not required to just take a random person in but you can talk to Gwynn Schroeder about that who manages that list, she's just down the hall. EMILY GEIGER : Okay MEMBER DANTES : It'gives you control basically. CHAIRPERSON WEISMAN : Anything from you Pat? MEMBER ACAMPORA : No CHAIRPERSON WEISMAN : Is there anybody in the audience who wants to address the application? Is there anybody 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 7" August 1, 2024 Regular Meeting MEMBER DANTES : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye HEARING#7930—CARMEN BROOKS CHAIRPERSON WEISMAN : The next application before the Board is for Carmen Brooks#7930. This is a request for variances from Article XI Section 280-49 and the Building Inspector's April 4, 2024 Notice of Disapproval based on an application for a permit to construct a rear deck and front porch additions to a single-family dwelling at 1) less than the code required minimum side yard setback of 25 feet, 2) less than the code required minimum combined side yard setback of 50 feet located at 1232 The Gloaming, Inner Bay Shore Rd. (adj. to Great Harbor) on Fishers Island. PAT MOORE : Good morning again, I have Carmen Brooks who is here and I have Robert Brooks, they came all the way in from Fishers staying out here. CHAIRPERSON WEISMAN : We'll be on Fishers Island next week for the annual meeting. PAT MOORE : And the corn and the lunch, I remember lunch. So, this is really a very minor application. The pre-existing house it was being renovated, it's probably pretty far along now on the renovations. They were requested to get the variance for the existing front entryway and the rear deck. I gave you pictures, the rear deck I think both the front entryway and the rear deck really had no foundation underneath it, it was on rocks and could not be restored without and meet structural integrity.They were because they were being replaced Mike sent it in for a variance because it's got non-conforming side yard setbacks and that is why we are here for the variances. If you have any particular questions (inaudible) really given what you typically review this is pretty straightforward. I did get the LWRP, it is a pre-existing house and it's restoring a pre-existing structure so there's not much to say about the LWRP other than by providing the variances and getting a building permit will bring it into conformity with LWRP. d August 1, 2024 Regular Meeting CHAIRPERSON WEISMAN : It looks as though the existing dwelling is 3 foot 7 inches from the side yard at the front porch because of the angle is going to wind up 2.2 but we do have well it looks like we have two letters from neighbors in support of the application in our file. PAT MOORE : Yes CHAIRPERSON WEISMAN : Typical of Fishers Island every lot out there I don't know who drew those lot lines but nothing is conforming absolutely nothing. PAT MOORE : So it has been in his family for generations, his great grandfather was the original. I just repeated the transcript will hear some mumbling in the background. CHAIRPERSON WEISMAN : Let's see if the Board has any questions, Pat anything from you? MEMBER ACAMPORA : No questions. CHAIRPERSON WEISMAN : Eric MEMBER DANTES : Not at this time. CHAIRPERSON WEISMAN : Nick MEMBER PLANAMENTO : No questions. CHAIRPERSON WEISMAN : This seems very straightforward to me. Alright I have no questions either. Is there anyone in the audience who wants to address the application? Is there anybody on Zoom? Okay, I'm going to make a motion to close the hearing reserve decision to a later date. Is there a second? MEMBER ACAMPORA : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye, we'll have a decision in two weeks at our next meeting. We're ahead of schedule so let's go to the Resolutions at the end. Resolution to for the next Regular Meeting with Public Hearings to be held Thursday, August 1, 2024 at 9:00 AM, so moved. MEMBER ACAMPORA : Second August 1, 2024 Regular Meeting CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye. Resolution to approve the Minutes from the Special Meeting held June 20, 2024 so moved. MEMBER ACAMPORA : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye. Resolution to grant a second one-year extension to #7290 HC NoFo LLC 6370 Skunk Lane in Cutchogue to expire August 1, 2025, so moved. MEMBER ACAMPORA : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye. Okay I'm going to reread these two Resolutions; they were in error in the agenda. Resolution for the next Regular Meeting with Public Hearings to be held Thursday, September 5, 2024 at 9 AM, so moved. MEMBER ACAMPORA : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye 1.0 August 1, 2024 Regular Meeting MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye, Resolution to approve the Minutes from the Special Meeting held July 25, 2024 so moved. MEMBER PLANAMENTO : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye. HEARING#7926—EVAN GINIGER CHAIRPERSON WEISMAN : The next application before the Board is for Evan Giniger #7926. This is a request for a variance from Article III Section 280-15 and the Building Inspector's March 8, 2024 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single-family dwelling at 1) resulting in an existing accessory structure located in other than the code permitted rear yard located at 315 Fleetwood Rd. (adj. to East Creek) in Cutchogue. LISA POYER : Lisa Poyer with Twin Forks Permits on behalf of the applicant. This is a unique situation where there is an existing house and there's an existing one-story garage which the garage received a C of 0 in 2012 and the house received a C of 0 the same year. The owner is looking to do a new small addition to the existing house and by doing so by locating it in the front of the house it's going to make the existing garage non-conforming with regards to being located in the side yard of the residence. The addition has been engineered and designed to meet all zoning setbacks with regards to side yard, front yard setbacks, sky plane so we're not asking relief for the addition, we're just asking relief for the garage now being in the side yard of the proposed addition area. I'm going to submit to the Board just a copy of a August 1, 2024 Regular Meeting letter from a contractor which states the estimated cost if the garage were to be demolished and potentially relocated in a new location. As you can also see from the diagram up there, by moving the garage forward in addition it would have issues with the existing sanitary system which is located in the front yard. CHAIRPERSON WEISMAN : There are no alterations or changes proposed for the garage is that correct? LISA POYER : Correct, this proposal for the potential relocation of the garage is $130,000. In addition there were two letters submitted from neighbors in support of the application so the two of the three neighbors have no objections and support the project. I think that was basically covering the entire project. If you wanted, I can go through the variance standards. MEMBER DANTES : I would say, he low balled the estimate. LISA POYER : It's a one-story garage. CHAIRPERSON WEISMAN : This is the kind of technical variance that the Board is trying to change the code to prevent. It seems very unfair that when somebody has a legally existing structure and then it's not even fully in a side yard it's just you know very small part of it would be technically in a side yard. LISA POYER : I forgot to mention that there's wetlands on the property which create difficulty with putting the garage on the rear yard. MEMBER DANTES : I think you could attach the garage and then it'll all be code conforming wouldn't it? LISA POYER : Correct but they're choosing not to. It's a small house, nothing crazy. CHAIRPERSON WEISMAN : Kind of a wooden front yard on the other side of the property is a very wide two-story single family dwelling much closer to the road than you know what this subject property is. I don't see any issues here. Nick, do you have any? MEMBER PLANAMENTO : No, Eric pointed out what I was going to actually ask and inquire but I get people's individual design. I have no questions. CHAIRPERSON WEISMAN : Pat MEMBER ACAMPORA : No questions. 2,7 August 1, 2024 Regular Meeting CHAIRPERSON WEISMAN : Is there anybody in the audience who wants to address the application? Is there anybody on Zoom? Okay, 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 PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye,the motion carries. HEARING#7928—RICK NAPPI CHAIRPERSON WEISMAN : The next application before the Board is for Rick Nappi #7928. This is a request for variances from Article XXIII Section 280-124 and the Building Inspector's January 29, 2024 Notice of Disapproval based on an application for a permit to obtain a Certificate of Occupancy for the demolition (per town code definition) and the construction of a new 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 side yard setback of 10 feet located at 5218 Peconic,Bay Blvd. (adj. to Great Peconic Bay) in Laurel. GARY BECHOFF : Good morning, I'm here representing Rick Nappi, my name is Gary Bechoff. So, originally this variance was granted on 11/19/2015 for the side yard as you just said, 8 Yz it's supposed to be 10 foot. This is the way he bought the home so nothing has been changed even when he did the addition. So, after the variance was granted, he did the work, completed the work the only issue that he didn't have he didn't get the C.O. because the homeowner had some health issues and then after that COVID hit. So, he wrote to the Board and it think he was told in 12/13/2023 that he had to go back to the Board for a new application a public hearing. That's why we are here today. CHAIRPERSON WEISMAN : Yeah because that approval I remember it, that was it expired in 2021 after the six years so it was a very, very long time and we don't really have the authority August 1, 2024 Regular Meeting to go that far beyond what the code allows so that's why you're back here. Of course, we've inspected the property, it's certainly built to the exact same specifications that were approved originally. So,this is kind of like a here we go again application. MEMBER PLANAMENTO : It reminds people to actually request an extension or to work within the CHAIRPERSON WEISMAN : Well at this point he couldn't have gotten it. MEMBER PLANAMENTO : When the decision was still fresh. CHAIRPERSON WEISMAN : The building permit was at least renewed but the ZBA approval was beyond the six years anyway so we couldn't have really extended it. Is there anything from the Board, any questions the Board has about this? MEMBER PLANAMENTO : No questions. CHAIRPERSON WEISMAN : Is there anybody 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 : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye, we'll have a decision in two weeks you can listen in on Zoom. There's no testimony but you can listen in on the deliberations. If you want to wait you can just call the office the next day and they'll tell you what happened. I'll go in and sign it to legalize it and then it gets filed with the Town Clerk and you get mailed a copy. :141 August 1, 2024 Regular Meeting HEARING#7929—DANTE APUZZO CHAIRPERSON WEISMAN : The next application before the Board is for Dante Apuzzo #7929. This is a request for a variance from Article XXIII Section 280-124 and the Building Inspector's February 16, 2024 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single-family dwelling at 1) more than the code permitted maximum lot coverage of 20% located at 515 Third St. in New Suffolk. NICK MAZZAFERRO : Good morning, Nick Mazzaferro Engineer for the project. The owners are also here if you have any questions. This project entails refurbishing existing structure and adding a room onto the back. The structure was built over a hundred and twenty-five years ago the original one (inaudible) the late eighteen hundreds. The allowable actually first of all the structure has a Pre-C of 0 on the base structure that was issued in April of'23 and it also has at the same time I guess the screened in porch and some other alterations that were done to the original structure issued the same time, April 0 of'23.The existing lot size is only 7,158 sq. ft. which is kind of typical for New Suffolk, it's a very small lot. The allowable is 1,431 sq. ft., we're proposing an 1,825 sq. ft. coverage. It's 27% over the allowable amount but it's only actually 394 sq. ft. because of the lot size is so small. It's basically a 20 x 20 room. So, during the design phase we were very cognizant of the other issues. The existing front yard and the existing garage area all already covered by the pre-existing and the alteration C of O's. We made sure we stayed under the maximum gross floor area, we made sure that the rear yards and side yard setbacks were conformed with, we made sure the sky plane was conformed with for the addition. The owners are installing a brand-new septic IA system that they got approval for from Suffolk County and they've also upgraded the water to a public water system. So basically, the project is a refurbishing of the existing structure because of its age and then the addition of the room in the back. CHAIRPERSON WEISMAN : What is the existing lot coverage without the addition? NICK MAZZAFERRO : 1,431 sq. ft. was the allowable. The existing actually is a little bit less than that. I think the existing is around 1,200. CHAIRPERSON WEISMAN : What percentage is that? NICK MAZZAFERRO : What percentage is? CHAIRPERSON WEISMAN :The proposed lot coverage is 27.4% so I want NICK MAZZAFERRO : It's 27% over the allowable so we're looking the allowable coverage is 1,431 and then design that we show here with the existing structure and the addition is 1,825. 2�. August 1, 2024 Regular Meeting CHAIRPERSON WEISMAN : That's the square footage. NICK MAZZAFERRO : We're 390 sq. ft. over the allowable. CHAIRPERSON WEISMAN : Yeah that I know. MEMBER DANTES : I have a question for you, why not just add a second story on the part of the one story framed dwelling and then you can basically conform to the lot coverage and basically get your interior square footage? NICK MAZZAFERRO : Well two reasons, one of the reasons for the addition is to accommodate some extra living space for Dante's mother and she's one of the owners. Also, the existing structure is definitely aged, the existing foundation is structurally sound but the capability from a hundred and twenty-five years ago are an issue also, the sky plane would come into play. So, we tried to comply with every single you know rule and regulation that we could like all the setbacks and all the sky planes, we didn't want the new work to interfere with any of it. CHAIRPERSON WEISMAN : Well it seems that the sky plane would possibly come into play with the second story on the existing one story portion relative to the street but not the side yard depending on which way you pitch the roof. I think that's a valid point and I understand that that's a very old structure and it's difficult sometimes with the load bearing to put that on top but certainly that's a pretty big addition on the back and a porch on top of it. Is there anyway you can do you have any other priors in the neighborhood for lot coverage variances? NICK MAZZAFERRO : I did not look into that but I'm sure there is cause all the lots in that whole are at the top of the hill are small lots. CHAIRPERSON WEISMAN : Well yes, I would agree that it's not unusual to have non- conforming lot coverage overage in New Suffolk on those little lots but we need to have those prior variances in our application so that we can indicate that it's part of the character of the neighborhood. NICK MAZZAFERRO : To answer your question, the goal was to create additional space without adding stairs/steps in the house anywhere. CHAIRPERSON WEISMAN : You have a 12 foot by 23 foot volume that's the garage that you're proposing to convert that's on one level. NICK MAZZAFERRO : Yes but it already exists. CHAIRPERSON WEISMAN : Right August 1, 2024 Regular Meeting NICK MAllAFERRO : We're looking to maintain all the framing of the existing house, the perimeter the foundation the structural framing. CHAIRPERSON WEISMAN : I'm still trying to figure out from the table the percent I mean you're giving me square footages, I understand that but I have to calculate what the existing lot coverage is of the existing footprint. NICK MAZZAFERRO : Oh I can do that for you. CHAIRPERSON WEISMAN : Because the proposed is 27.4% 1 want to see what percentage is beyond what's already there which is already going to be non-conforming I'm pretty sure, it might not be. NICK MAZZAFERRO : The existing lot coverage is 21.6% CHAIRPERSON WEISMAN : 21.6%so that's only 1.6% over NICK MAZZAFERRO : On the existing correct, we're looking to increase that by like 5.9% we're looking for a 5.9% increase. CHAIRPERSON WEISMAN : If we can look at priors in the area or comparable precedent then your case will be strengthened considerably cause that is a lot over. I know that there are others that have excessive lot the only thing is the lot coverage but it looks like that might be something that can be reduced to a slightly lesser you know variance. That's a substantial variance when 20% is the maximum permitted and it's already non-conforming that's pretty big jump. NICK MAZZAFERRO : One question, if I research this I can how do I go about submitting it to you guys before the next work session? CHAIRPERSON WEISMAN : Just send it in to the office. Just have a look at the other variances that have been granted for lot coverage.you know on that street or maybe you know a street over or nearby cause most of those lots are about the same size they're all pretty small on Third and in New Suffolk in general. On Laserfiche you enter New Suffolk and the street name and see what variances were granted. DANTE APUZZO : I'm Dante Apuzzo, I'm one of the owners. We did an analysis Nick wasn't part of the analysis I had my architect do it. There were some properties and I can print it out and give it to you today or submit it later on but we definitely took a look at some of the other properties in the neighborhood and we concluded that we thought our design was in line with the neighborhood and that's why we kept it to around 300 sq. ft. we didn't want to go any over. On a personal note, we designed the house so that we had it's a small house, it's August 1, 2024 Regular Meeting me, my wife, my son and we intend to reside there, we intend to make it our permanent home. We currently live in Brooklyn; we want to move out there and we want to make it a home for my mother as well so in total I know it's a small lot but we're only trying to get an extra couple of square feet so that we can all live together as one happy family in this smaller type house. We did have l spoke to every single one of my neighbors after sending out the certified mailings. One of my neighbors actually said, as long as you're not building up, I'm okay so we had a discussion with everyone and they were happy with our plans from my conversations with them. In terms of building up I also have a 3-D model in the car if that's something that you'd interested in taking a look at but we are very interested in maintaining the structure of the house, maintaining the integrity of the house, maintaining the feel of the other houses in the neighborhood, it's very important to us. I did a landmark home in Brooklyn; I consider New Suffolk similar in that we have a deep respect for the history of the area and we want to keep our house in line with the rest of the properties in New Suffolk. So, like I said, we did an analysis and in can provide that to the Board. CHAIRPERSON WEISMAN : That's good and Nick will do the same thing, he'll search for prior variances. Does the Board have any other comments or questions at this point? MEMBER ACAMPORA : No CHAIRPERSON WEISMAN : Is there anybody on Zoom who wants to address the application Liz? STEPHAN ROUSSAN : This is Stephan Roussan, I live immediately to the south of this property and we look into each other's windows we can say on the second floor. First of all, we have met Dante and Margarita, they seem absolutely lovely and, although it is Brooklyn to Northfork transplant they strike us as being quite different than some of the other toxic wealth we have seen move into the area and we love that they love New Suffolk and want to invest in the property that's been an eyesore for a long time. So, we certainly welcome that and welcome them to the neighborhood. One, I think there should be little transparency and maybe we can a little bit more information about the fact that while the intention is to live there permanently altogether as a happy family which is music to our ears that it is likely to be a rental first and so as a neighbor we've had a very bad run here with rentals in these immediate blocks in both of terms of some of the types of short term rentals and long term rentals that we've had immediately adjacent to us so there's a little PTSD there. So, when you here the combination of 27% lot coverage with not being sure when the owners when it will actually be owner occupied, for us it's just a tough thing to hear and definitely puts us on our heels a little bit you know with that kind of info. We are really concerned about the ongoing practice and this has nothing to do with this application and this owner but generally speaking August 1, 2024 Regular Meeting we are really concerned about this sort of I don't know you know I don't know what to call it, one hands washed the other between the town and the real estate industry where we have this practice of people coming in and buying up lots that are too small for what they want to do assuming or being told by their attorneys or by the town or by their real estate agent that it's just what everybody does and that you'll get that you can apply for max you know way over lot coverage and you'll be granted that variance. CHAIRPERSON WEISMAN : This is maybe of concern and of interest but it has no real bearing on this application. STEPHAN ROUSSAN : The point is that just because they get granted doesn't mean that it's good for rural character and good for the neighborhood. The situation up the street which I think is relevant adjacent to the ball field where they put that giant MEMBER DANTES : (inaudible) sir, the town is in substantial litigation over some of these issues right now. STEPHAN ROUSSAN :That's right I just feel like MEMBER DANTES : (inaudible) either (inaudible) insinuations STEPHAN ROUSSAN : the point is that it's not being communicated to buyers that this practice of buying properties that are too small for what they want to do is just not something that you should do.]just want to make that point. CHAIRPERSON WEISMAN : Point made. STEPHAN ROUSSAN : Next to the ball field has had a negative impact on quality of life for the immediate neighbors, it's just too big and the guidelines exist for a reason CHAIRPERSON WEISMAN : This is not the subject of this application. I understand that you and I'm sure other people are concerned with over development on lots. This is what's kind of happening in this whole town and that's why the big house legislation was finally passed in order to try and create some you know stops on that practice. However, we do have an application in front of us and as a neighbor you have the right to comment on'it if you think it's going to adversely impact your dwelling, that would be relevant. Other than that, this kind of testimony is simply not has no bearing on this application. So, if you wish to indicate you know and plus the fact that it may be a rental, that too is here say and speculation and it's not something that this Board can contemplate. DANTE APUZZO : Can I just briefly just address that? :19 August 1,2024 Regular Meeting CHAIRPERSON WEISAMAN : Yes you may. DANTE APUZZO : Stephan thanks for the compliments by the way and nice to meet you and your family, I've met him a couple of times and they're lovely. I don't know where that speculation came from, we have absolutely no intention of renting the house out, we never did. New Suffolk for many, many years has been a dream of my family and mine so when the house came up, I didn't think about whether it was too small or too big or whether I wanted to go bigger or anything I just wanted to be in New Suffolk. The idea of the availability of a property in New Suffolk as everyone knows here, they don't come up very often so we jumped on it. When my mother sold her house in Rocky Point, she became part of a nuclear family of where we all wanted to live together so it's not, I don't think that I would characterize myself even if I could say I was wealthy or toxically wealthy or whatever Stephan and I also appreciate the influx of people who come to the neighborhood who are not part of the community. We are absolutely not like that and we I can say I can affirm that we have absolutely no intention of renting the house out and like I said I want to live there and I don't want to rent it out before I live there. My last point is that, when we purchased just to address Stephan's reasonable point about people coming in and buying things that they actually can't build, I want to check with the number that is 27% but it's still a very small lot comparable to the other lots that have been built in the neighborhood. We're only trying to get an extra couple of square feet so that we can all live together in this house. I think that the actual number the percentage seems large but as Nick pointed out it's about three hundred and change square feet just' so that my mother can have an area in the house as well. We have absolutely no nefarious purposes and we are honestly not looking to rent it out in any way shape or form. In fact, like I said, it's been a dream to live down the street from the beach forever and then to add that,to our beautiful community in New Suffolk and our great neighbors like Stephan has been a dream of ours for a very long time. Thank you. CHAIRPERSON WEISMAN : Thank you, is there anybody else on Zoom? Is there anybody in the audience? I'm going to close subject to receipt of information about prior variance relief for lot coverage in the neighborhood. MEMBER DANTES : He's going to submit his analysis. CHAIRPERSON WEISMAN : Yes, and you can submit your analysis Nick look for priors okay. So, as soon as we get that we can begin writing up a draft. If we have in time it depends on how long it's going to take, we'll try to have a decision at our next meeting in two weeks. If not, we'll just get the clock starts when we get the information, we have sixty-two days but we're not going to take that long. Is there anything else from anybody? Is there a second on that motion to close subject to receipt? 20 August 1, 2024 Regular Meeting T. A. MCGIVNEY :They're trying to comply with a deadline of having any paperwork submitted for the next meeting to be the Friday before so next Friday, anything after that they may not be able to entertain for the next meeting. CHAIRPERSON WEISMAN : Things have been coming in so last minute that the Board doesn't have time to read them. I mean something came in like at 5 o'clock last night for today. Stephan go ahead. CLARISSA ROUSSAN : Hi, this is Clarissa this is Stephan's wife and thanks for having me in. I just have one question one concrete question about the plans and that is, the location of the driveway there's like a proposed we understand what it's like being neighbors we understand that the space for cars and so forth is next to nothing but we see that there's a proposal to have I don't know if it's parking and or driveway basically a long that's where the other property line between our property and your property, is that am I reading correctly is that like a driveway that you're going to build there? It's right on the property line. DANTE APUZZO : It's a grass driveway. CLARISSA ROUSSAN : Gravel? DANTE APUZZO : Correct, grow through grass. CHAIRPERSON WEISMAN : There's a kind of material that you can put down that's permeable so that there's no runoff from it and grass grows between the slots kind of like the top of a pie kind of crisscross. CLARISSA APUZZO : So, basically the cars that you're instead of parking like I know where the parking is right now on the street in front of the house so instead of parking there on that little mini driveway that is in front of what is the current garage instead you'll have cars parked on the property line there along the fence? CHAIRPERSON WEISMAN : Right CLARISSA ROUSSAN : I'm just asking cause it's essentially you know we share that property line and then on the other side is our patio and back yard so I was trying to visualize and understand what you know what that means. NICK MAZZAFERRO : We're not opening up a car lot, we just identified the space on the plan to prove that we could be off the street as far as parking goes so that we don't create any traffic hazards and there's no structures or anything there. Most likely the (inaudible) will be grass and the front one is a concrete permeable block that allows grass to go through and there's also a plastic or fiberglass version of that that you can drive on without destroying the z- August 1, 2024 Regular Meeting grass, mostly (inaudible) the open space and also acknowledging for the septic system installer cause that's where it has to go also (inaudible) of course but there's no other room anywhere else that he has to the system that's going in is capable of being driven over. CHAIRPERSON WEISMAN : By the way, the code does require two on-site parking spaces for a single-family dwelling and of course that's a real problem in New Suffolk because often the lots are so small and so covered with structures that there is no way to park other than the street so the fact that they can conform to the code required on site parking is actually a benefit. CLARISSA ROUSSAN : Thank you for explaining. CHAIRPERSON WEISMAN : Sure, anything else from anybody? Alright, motion to close the hearing subject to receipt of additional information on lot coverage in the area and whatever your analysis is I presume it's that. Is there a second on that motion? MEMBER PLANAMENTO : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye,the motion carries. HEARING#7931—A. PAUL SECK CHAIRPERSON WEISMAN : The next application before the Board is for Paul Seck #7931. This is a variance from Article III Section 280-15 and the Building Inspector's April 12, 2024 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool at 1) located in other than the code permitted rear yard at 2445 Laurel Lake Drive Private Road #18 in Mattituck. Is there someone here to represent the application? Come to the podium and state your name please. MEMBER DANTES : I'm going to recuse myself Leslie. August 1, 2024 Regular Meeting PAUL SECK : Hi, Paul Seck. ) CHAIRPERSON WEISMAN : We had a hard time finding your house relative to where this, do you have any plans for that garage or is that just going to stay there? PAUL SECK : We're just going to renovate it as is but we have before I take on that and a D.O.B. permit I wanted to know what the use would be which if there's not a pool there it would be something different. T. A. MCGIVNEY : So it would be renovated to remain a garage? PAUL SECK : Yes, well I mean I guess the thought would be I haven't talked to an architect yet but it would be used for some portion of the pool as well but I haven't gotten that far because again if the pool is not there I'm not going to engage an architect yet. CHAIRPERSON WEISMAN : Sure, well just make sure when you do that they understand that there is a code that covers cabanas, pool house cabanas and so on what you can and can't do with it. PAUL SECK : Yep, (inaudible) the square footage and all that. CHAIRPERSON WEISMAN : Well we know that this is a very private road, not too many people going up and down it and you have a very large lot actually, why can you not put this proposed pool in a code conforming back yard? PAUL SECK : So the code conforming back yard is about 55 feet off of what I believe is a Peconic Land Trust land there or part of the preserve which is all to the west and it has beautiful oak trees and everything that's running along that side that actually hang over a big part of my property but they're beautiful and I don't want to affect them. They shade the entire eastern side sorry western side and I sort of feel like that's a quiet natural area over there anyway. The other thing is, our house is actually oriented the front is actually to the south there yes so there's no access out from the house over to that area really either. Mainly, it's shaded, it's narrow and it's oriented in a different it's literally the side yard of the house, the way the house was oriented. I understand why I'm here but our front door is yea right where the cursor is there. CHAIRPERSON WEISMAN : Yea we observed that the driveway going up the MEMBER PLANAMENTO : It almost functions as two properties in my opinion from the site inspection. CHAIRPERSON WEISMAN : It appears to be two properties, I mean obviously it's not but 2 August 1, 2024 Regular Meeting MEMBER PLANAMENTO : I think the driveways confuse things. CHAIRPERSON WEISMAN : Yea, the two driveways. PAUL SECK : I'd like to remove that driveway in this process the back one there. Currently it's you know sloped and'the water is pitching back that way and I want to level it off a little bit and then add in the dry wells showing there (inaudible) the water that's running down right now. Anyway, I gotta do that but that would be part of this CHAIRPERSON WEISMAN : You do have to comply with on-site drainage requirements of the code anyway but the question is, if you're going to renovate it as a garage typically a garage could be a storage but it usually stores a car so if you're going to remove the driveway PAUL SECK : I'd like to renovate it as a partial use for the pool and for storage that's the ultimate CHAIRPERSON WEISMAN : So it will be a pool house/storage? PAUL SECK : Yea and I'd like to try to do that within the existing footprint that's there because I it just makes it more cost effective quite frankly. CHAIRPERSON WEISMAN : Well depending on how you do it you may be able to do it as of right just with a building permit with plans from an architect but if it's not conforming to what the code allows for that kind of facility then you'll have to come back before us for that. PAUL SECK : Understood CHAIRPERSON WEISMAN : My suggestion is to try and conform it'll be a lot easier and more cost effective for you. PAUL SECK : Yes CHAIRPERSON WEISMAN : Let's see if the Board has any questions, Pat anything from you on this one? MEMBER ACAMPORA : No I think you asked all the questions. CHAIRPERSON WEISMAN : Event though it's a very private kind of unpaved right of way it's more like a right of way than it is a road it's still a frontage, where you're proposing to put that pool is going to be very, very visible MEMBER PLANAMENTO : From Sound Ave. CHAIRPERSON WEISMAN : Yea,from both Sound Z4 August 1, 2024 Regular Meeting MEMBER PLANAMENTO : It's elevated so CHAIRPERSON WEISMAN : Yea cause it's elevated so high. PAUL SECK : I've looked at the topography through here and the idea is that I'll probably again I have to look at the grading I haven't done a grading plan here but the pool is stepped down a couple of feet because of the grading issues there and to balance (inaudible) and fill on the site. I'm not changing obviously the elevation of the structure for the reasons we've just discussed and I plan on a very and I've talked to my neighbors about this, a significant planting in that area that would go around on the outside of the fence it would be needed for code as well and I've talked to Chris and everyone else about that being more natural, I'm a landscape architect so it would be more of the native plant pallet I'm not going to turn it into I like the fact that CHAIRPERSON WEISMAN : Deer food. PAUL SECK : Well that's always a challenge. CHAIRPERSON WEISMAN : Green giant, maybe. PAUL SECK : Exactly, I'm looking at making that feel like a much more natural entrance like it does with the woods on the other side of the property as well. CHAIRPERSON WEISMAN : So if we determined that this was a reasonable proposition based on testimony and what you said,the submission of a landscape plan of plantings around there is reasonable? PAUL SECK : Oh yea I've got about four, I've been thinking about this for a while. MEMBER PLANAMENTO : I'm just still super confused how Laurel Lake is considered as a right of way the front of the property the street front as opposed to Sound Ave. It seems to me that the proposed pool is I guess it's more of the architectural front yard it seems that the pool should be on the south side of the property which again would we call that as a side yard? It just seems that cause this is a right of way not a paved road. It's very strange how the Building Department makes that determination. CHAIRPERSON WEISMAN : I think it's probably because there's another developed lot that's actually the one that's closer to Sound Ave. that's got a house and a garage and cars and all that. PAUL SECK : (inaudible) giants growing (inaudible) August 1, 2024 Regular Meeting CHAIRPERSON WEISMAN : Even if you could see it from Sound it's still not a frontage. They have no access to it other than through the only access they have to that road is Laurel Lake so that's why that's called out that way. PAUL SECK : Which you are right it is a right of way through our property that was worked out before we bought, there's twelve more houses back there around the entire lake but some of them come off of another road and they just build another one back there but there's some access from another road on the other side of the lake. CHAIRPERSON WEISMAN : Okay, anything else Nick? MEMBER PLANAMENTO : No CHAIRPERSON WEISMAN : Pat MEMBER ACAMPORA : No CHAIRPERSON WEISMAN : Is there anybody in the audience? Is there anybody on Zoom? Motion to close the hearing reserve decision to a later date. MEMBER ACAMPORA : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye PAUL SECK : What do I need to provide then or you're going to think about it? CHAIRPERSON WEISMAN : What we'll do is, we will prepare a draft decision and that will which will reflect what's in the application, what we inspected and what we just heard and we will be deliberating on that decision which is open to the public, you can sit in or you can Zoom in and you can hear us. We don't take any testimony; this hearing is closed but we'll have a decision in two weeks. Did we want to get the landscape plan? MEMBER PLANAMENTO : Planting plan. CHAIRPERSON WEISMAN : I was going to condition it but it's fine we can do it that way, we can look at it beforehand if you'd rather. MEMBER PLANAMENTO : Didn't you say that you have you have like four? August 1, 2024 Regular Meeting PAUL SECK : In my head, I can draw it real quick. CHAIRPERSON WEISMAN : Alright why don't you do this, submit to us that plan okay as soon as you can get it to us and then we should still be on schedule to deliberate at our next meeting in two weeks. MEMBER PLANAMENTO : We just said a deadline before next Friday at 4 pm. CHAIRPERSON WEISMAN : Right. PAUL SECK : And what you need on the planting plan I believe is I'm just going to draw by hand what plant list. CHAIRPERSON WEISMAN : That's fine, give us a list of plants just show us you know whatever the planting bed looks like you're the landscape architect. MEMBER PLANAMENTO : Just as a reminder, you mentioned you were talking about the deer, a deer fence is not permitted well actually it's a side yard so from a fencing standpoint just be cognizant of that. CHAIRPERSON WEISMAN : Well you know you will have to put up a four-foot fence around the pool. PAUL SECK : My thought was, if I was doing that I would do a four-foot fence and then just possibly just do another four foot fence next to it because not an eight-foot. CHAIRPERSON WEISMAN : They don't jump especially if it's planted. That's fine that would certainly be legal. PAUL SECK : Okay so I'll bring the plan CHAIRPERSON WEISMAN : Just take it into the office or you can you know if you want you can scan it PAUL SECK : I will try, I'm not in my office, I'll try to get it to you as soon as possible but yea I can scan it with my phone. I'll figure it out.Thank you. CHAIRPERSON WEISMAN : So I'm just going to say closed subject to receipt MEMBER PLANAMENTO : And by next Friday. CHAIRPERSON WEISMAN : Yea. I think that's a good thing to let people know at the hearing because it's just getting too frustrating. Let's get Eric back in here. 7-71 August 1, 2024 Regular Meeting HEARING#7932—PAUL BETANCOURT CHAIRPERSON WEISMAN : The next application before the Board is for Paul Betancourt#7932. This is a request for variances from Article III Section 280-15, Article XXIII Section 280-124 and the Building Inspector's April 19, 2024 Notice of Disapproval based on an 'application for a permit to construct an accessory in-ground swimming pool at 1) located in other than the code permitted rear yard, 2) more than the code permitted maximum lot coverage of 20% located at 1050 Champlin Place (adj. to Sterling Creek Basin) in Greenport. JOAN CHAMBERS : Good morning my name is Joan Chambers, I live at 895 Greenfield Lane in Southold and I'm here to represent Mr. Betancourt. I did do research on appeals in this immediate neighborhood and within roughly a square block along Champlin Place, Stirling Place and Knapp Place there's been nine variances for either area setbacks, excessive lot coverage or accessory structures and most of it is due to the average size of the lots in that neighborhood which run between 3,000 and 12,000 sq. ft. It's just one of those neighborhoods in Greenport that everyone has very small lots. Mr. Betancourt tried to put this in the back yard and most of the swimming pool companies were not comfortable with the degree of retaining walls that would have to be put in (inaudible) slope from where that property is down to that road right beside the canal. So really, he decided to move it into the front yard but keep it behind the house and that is sort of because of a prior variance for that garage that sort of has become more of a side yard on that property than a front yard although I know technically it's corner lot so it is a front yard. He is intending to try and hide this as much as possible from the neighborhood. He started putting up some fencing and started putting in some plantings and he has more planned if and when the pool gets built so that people driving up and down the street and living in the neighborhood won't necessarily see that there is a swimming pool there because you know it is going to be visible if he doesn't hide it. So that's basically you know what the plans are for this pool. CHAIRPERSON WEISMAN : Do we have you said you did do a lot of research, did you submit those priors? JOAN CHAMBERS : Yes I did, where it's the undesirable change will not be produced in the character of the neighborhood I have a typed up sheet that's attached to it and I've go all those appeals listed. I can read them out to you if you want but they're in the application unless I missed that page when I printed. MEMBER DANTES : No you got it in there, they're listed but you didn't say what the relief was for. CHAIRPERSON WEISMAN : Are any of them for pools in non-conforming yards? August 1, 2024 Regular Meeting JOAN CHAMBERS : I know at least one of them is for accessory garage in the front yard. I don't honesty remember if they are for swimming pools, but I can look that up. CHAIRPERSON WEISMAN : Okay, and lot coverage is not an enormous amount over and it's not let me see what size is the pool you're proposing here. JOAN CHAMBERS : It's 18 x 40. CHAIRPERSON WEISMAN : That's pretty big. JOAN CHAMBERS : Yes it is and I discussed that with Mr. Betancourt and said to him that if the Board isn't comfortable with that that we could reduce the size of that swimming pool and he reluctantly agreed with me. MEMBER PLANAMENTO : What would he be willing to reduce it to? JOAN CHAMBERS : 16 x 32 MEMBER DANTES : Then you would have a conforming lot coverage? JOAN CHAMBERS : And then we would have conforming lot coverage although we would still be in a front yard. I believe I mean it may be within a square foot or two, I didn't calculate lot coverage stuff the surveyor did but I think that would at least bring it closer to be compliant CHAIRPERSON WEISMAN : It would be very close. JOAN CHAMBERS : if not under. Maybe we can actually get it under. CHAIRPERSON WEISMAN : That sounds good. JOAN CHAMBERS :That sounds like a good compromise? MEMBER PLANAMENTO : The other thing that typically I think as a Board we discuss is for accessory structures to meet the minimum front yard setback for the zone that they're in, so what would be the minimum front yard setback be for this particular lot for a primary structure. JOAN CHAMBERS :That's a really good question. MEMBER PLANAMENTO : I think it would be 35 feet wouldn't it? CHAIRPERSON WEISMAN : Well that would be for a principle dwelling not for an accessory. JOAN CHAMBERS : For an accessory I think it's 15. Z- August 1, 2024 Regular Meeting MEMBER DANTES : That's a side yard, accessory buildings don't have a front yard setback they're supposed to be in the rear yard. CHAIRPERSON WEISMAN : Well they do on waterfront properties where they can be in a front yard. MEMBER PLANAMENTO : That's what I'm saying. CHAIRPERSON WEISMAN :That is typically the principle front yard setback. MEMBER PLANAMENTO Historically we would like when we talk about deer fencing or something if there is that relief granted it should meet the minimum front yard setback typically (inaudible) average. CHAIRPERSON WEISMAN : You know what, why don't you look and see what the greatest front yard setback you can accomplish is while reducing the pool size to hopefully get it to make one of those variances go away. MEMBER PLANAMENTO : Could you even meet the front yard setback of the garage as it was granted by the prior Board relief, cause that's a garage in the front yard? That was in 1971 1 think, the ZBA granted relief under file 1415. CHAIRPERSON WEISMAN : Yep JOAN CHAMBERS : That garage is 24 feet off of Champlin Place, it wouldn't be possible to move the swimming pool 24 feet because we have such a change in elevation from where the house is to where that flat area is where they planned the pool. So, I know we can't get off Champlin Place by 24 feet, it wouldn't be possible. We could move it back from Atlantic Ave. further but it'll require taking down a couple of big mature trees to do that which once again I discussed that with Mr. Betancourt and you know we tried to save the trees if not he's perfectly willing to either move them or put some mature plantings on the other side of the garage so that you know his lot can still remain part of the trees of Greenport. MEMBER DANTES : Are you on a septic or do you have sewer, Greenport sewer? JOAN CHAMBERS : He's on sewer. MEMBER PLANAMENTO : So I don't know if the other Board Members noticed this or not but there was a curb cut and an old driveway just immediately I guess on the survey where it says masonry right along Atlantic Ave. and covered porch, somebody at some point in an earlier time filled in raising sort of making that plinth the house sits on, it's just a strangely and encumbered property it looks like it's all fill and I have no idea what the natural terrain was. 301 August 1, 2024 Regular Meeting JOAN CHAMBERS : It looks like it's been raised to the point where I pulled the FEMA maps to see maybe if we had an issue with flood, it's not in a floor plain and it certainly wouldn't have been in a flood plain when it was built. So, I honestly don't know who would have brought the fill in and pushed the house up at that point. MEMBER PLANAMENTO : Maybe when they excavated for the basement they just left it right there and put the house over it. JOAN CHAMBERS : I've been in the house and I'd be willing to bet that basement is original I mean half of it is stone down there it's not a new basement. MEMBER DANTES : You're 88 feet from Stirling Creek, are you going to be required to go to Trustees for JOAN CHAMBERS : Oh yes, but as Leslie was kindly pointing out to me last month I could have been doing Trustees while I was waiting for a hearing date with Zoning Board but I was under the impression the last time I talked to Trustees you know back in the winter they said oh no they won't accept applications while Zoning Board has a waiting period. But yes, if in some ways this is good because if we reduce the size of the swimming pool or we move it then would have to go back to Trustees and do all sorts of CHAIRPERSON WEISMAN : You'd have to yea get an amended JOAN CHAMBERS : So in some ways this will determine what's going to and if this is going to be built before I start Trustees here. They may ask for D.E.C. also. MEMBER PLANAMENTO : Do you know what the distance is between the existing framed garage and the proposed pool location? JOAN CHAMBERS : I drew a site plan I don't know, the surveyor didn't use it but I may have put it in here. No I'm sorry I don't have it. MEMBER PLANAMENTO : It almost seems Eric to your point Trustees may not be favorable in having the pool pulled closer to the garage. MEMBER DANTES : That's the thing yea We move it MEMBER PLANAMENTO : It's just a very difficult lot for a swimming pool. CHAIRPERSON WEISMAN : Yea it is. MEMBER DANTES : Even if you put it in the rear yard then you need more Trustees relief. 31 August 1, 2024 Regular Meeting MEMBER PLANAMENTO : I mean the rear yard is the logical place with some sort of a retaining wall. CHAIRPERSON WEISMAN : That's exactly what they're looking to avoid, retaining walls. JOAN CHAMBERS : More construction closer to Stirling Creek although we all agree there's a paved road between this property and Stirling Creek. It would be very difficult for anything to happen on this property that would adversely affect that but I understand it's all about distances. MEMBER DANTES : I would say there is no environmental impact because there's a road and boat storage there. MEMBER PLANAMENTO : I'm surprised it needs Trustees but it's an independent lot. MEMBER DANTES : I would say D.E.C. you're usually D.E.C. once you cross the street they don't JOAN CHAMBERS : D.E.C. it's been my experience that once you're over ten feet in elevation they back off. So we're at 11.4 1 think so I think the D.E.C. may give us a letter of non- jurisdiction due to elevation but their regulations change overnight sometimes so I don't want to assume that. I would still put an application in to them and you know the same with Trustees I'm sure they'll agree that providing we keep the runoff on the property that there's no impact from this project to Stirling Creek. MEMBER PLANAMENTO : Joan what about where the house sits I guess it's to the north of the house there's that leveled area before there's that slope down to the proposed pool, would they be able to put the pool close to the house as an alternative to (inaudible)? JOAN CHAMBERS :The house off of the east side you mean? MEMBER PLANAMENTO : No on the north side where it says covered porch running parallel to the house where the original driveway was and pushing it back towards the enclosed entrance at the rear of the house would that make sense as an alternative location? JOAN CHAMBERS : I'm not really following what you're saying Nick. You mean move the house south I mean move the pool south towards the house? MEMBER PLANAMENTO : Yea so it pretty much hugs the house towards the back so it's a level area. JOAN CHAMBERS : Where we put the proposed pool is the only level area on that property, everywhere else has fairly big you know four foot drops in elevation and there's one that the house is kind of up on a plinth and it drops right down and where we put the pool is the level 32 August 1, 2024 Regular Meeting MEMBER PLANAMENTO : Yea but the width of whatever the driveway originally was is all level at that north side of the house. I mean that's based on my inspection I don't know what other Members see. It slopes down like where the demarcation for the second lot is, it would appear that this was two lots at one point so where you have the dashed line is where the slope down to the proposed pool is. The area between the house and that lot line that would appear to be level, I don't know if that's a logical pool location but it might be a better alternative. JOAN CHAMBERS : So we can increase the setback to 15 foot setback. CHAIRPERSON WEISMAN : From Champlin Place. MEMBER PLANAMENTO : Yea and it sort of would be attached to the house I mean I don't know if that would even qualify for an additional that would take it out of the front yard. JOAN CHAMBERS : We attach with decks? r MEMBER DANTES : Yea then you can maybe even get enough square footage to getout of the Trustees jurisdiction. JOAN CHAMBERS : Well the problem with that is, it causes our lot coverage will start (inaudible) when we start connecting this to the house. CHAIRPERSON WEISMAN : Sure it will,yes it will. JOAN CHAMBERS : So, which is better you know it think I should find out from the Building Department what my setbacks are going to be. I'm pretty sure .that an accessory building 15 feet is their biggest setback. It's five, ten, fifteen and that's for a 22-foot building which is why we set these 15 feet off of these property lines. As you pointed out I probably don't have a setback for a front yard. CHAIRPERSON WEISMAN : No, it's either'going to have a conforming yard or a non-conforming yard. MEMBER PLANAMENTO : Right but when you have an accessory structure CHAIRPERSON WEISMAN : (inaudible) on waterfront properties MEMBER PLANAMENTO : No, no, no, I'm saying CHAIRPERSON WEISMAN : it can be in the front yard but it needs to meet the principle front yard setback. 33 August 1,2024 Regular Meeting MEMBER PLANAMENTO : Right but I'm saying for houses like a property that's a corner location you have a principle but for the actual structure the residence you have a primary front yard setback and a secondary front yard setback. CHAIRPERSON WEISMAN : Correct MEMBER PLANAMENTO I know this is an accessory but I'm just wondering what those setbacks would be cause they wouldn't be equal if one's 35 the other one might be CHAIRPERSON WEISMAN : I know, I don't think the Building Department makes determinations on that actually. I think they figure it's a non-conforming yard and that it's they leave it up to us, we're the ones that sort of establish this kind of general practice. Mike has told me many times; I don't care how far away it is from the property line it's a non- conforming yard and that's all we look at. We've asked people not infrequently to move things farther away from a property line, so I think the bottom line is, make the pool smaller, make it you know the biggest setbacks from both streets that you can figure out, see if you can get the lot coverage down and as Eric pointed out you may even avoid Trustees with the setback if you can do that. So why don't we do this, let's adjourn this to the Special Meeting to see if you can get an amended plan to us by then. JOAN CHAMBERS : I'll get it in to you before CHAIRPERSON WEISMAN : Next Friday and if not we'll just adjourn it again but I mean you know JOAN CHAMBERS : One of the things Mr. Betancourt unlike everyone else I'm working for is not jumping up and down in a hurry. He understands he has to do D.E.C. and Trustees and Building Department so it's not like he's getting a swimming pool by the end of August. So, if we have to adjourn for another month, we will adjourn but I'll get revised drawings, it'll just be if I can get the surveyor to revise within a week that's what's the sticking point. CHAIRPERSON WEISMAN : Thank you very much, I'm going to make a motion to close the hearing I'm sorry to adjourn the hearing to the Special Meeting in anticipation of amended plans. Is there a second? MEMBER PLANAMENTO : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye 341 August 1, 2024 Regular Meeting MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye. Motion to adjourn for lunch. MEMBER DANTES : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : 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 PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye HEARING#7927SE &7953—NORTH ROAD HOTEL, LLC HOTEL MORAINE CHAIRPERSON WEISMAN : Good afternoon everyone, the next applications before the Board is for North Road Hotel, LLC a.k.a. Hotel Moraine #7927SE and there's another one for them which is #7953 I'm going to open both of them at the same time and read them into the record. The first request is for a Special Exception pursuant to Article VIII Section 280-35B (4) and the Building Inspector's January 24, 2024 Notice of Disapproval based on an application for a permit to construct a new motel building (10 units) and to build an addition to an existing motel building (4 units) upon a parcel that measures 3.251 acres in total size located August 1, 2024 Regular Meeting at 62005 CR 48 (adj. to Long Island Sound) in Greenport. The second is#7953, this is a request for a variance from Article VII Section 280-35B (4) (a) and the Building Inspector's January 24, 2024 Notice of Disapproval based on an application for a permit to construct a new motel building (10 units) and to build an addition to an existing motel building (4 additional units) at 1) parcel is less than the code required minimum size of five (5) acres at the same location. DANIEL PENNESSI : Good afternoon, my name is Dan Pennessi and I am President of the North Road Motel LLC my wife and I are the owners of that entity which owns the project. We were here.maybe just over a year ago for a variance associated with the north cottage on the property and I'm prepared to give a short summary of the project if you'd like that. CHAIRPERSON WEISMAN : If you'd like to. DANIEL PENNESSI : We have currently about twenty-one units on just over three and a quarter acres across five buildings on the site; those five buildings have been in existence since roughly 1960 when the project was constructed. As set forth in the application we're looking to construct a new ten (10) unit building along the eastern boundary of the property and a four (4) unit extension to what we call the west building which is the one on the west side of the property. The project is in compliance with all use and dimensional requirements including side yard setbacks and the hundred-foot bluff setback established by the Trustees with the exception of course of the five-acre minimum set forth in the code. So, the Sunset had operated at the site for over sixty years, we do have C.O.'s from 1960 and interestingly some of the permits that were submitted actually identify buildings at least the building where we're proposing the ten building and there was at one time the thought to add a building on the western boundary essentially where we have the pump station now that we installed last year. We acquired the site in October of '21 and under significant redevelopment project it required consolidating the twenty-one units on site so that we have ten (10) in the west building, ten (10) in the east building and a staff apartment in what's called the chalet. We also reconstructed the lobby building in the middle and installed a pool, that lobby building is on the same footprint it was. The only so-called expansion we did was pursuant to the variance that we requested and a wetlands permit issued by the Trustees for that north cottage where we expanded it to include a deck along 195 sq. ft. on the west side. There was a prior variance that was issued by this Board in 1995, it was issued October 1995, it resulted from the west building being burned to the ground and reconstructed. At that time the Planning Board had waived site plan approval on the project with the exception of requiring storm drainage for the building. This Board issued that variance in October of '95. Interestingly enough the Special Exception section of the code was adopted in 1999 and amended through February 7th of'95 so I know we're here for a Special Exception Permit but think that code section was probably in place when that original variance was issued in ,36 August 1, 2024 Regular Meeting October of'95. This project that we undertook was a sustainable redevelopment project. We sought to acquire a site that was located in a resort residential district in the town, a site that has historically been used for a hotel/motel resort purpose. Part of the project was to reconstruct all of the utilities. There were irrigation lines for domestic water, we brought in fire sprinkler lines and probably the biggest part of the project was retiring a 1960's septic system on the bluff, when we negotiated an agreement with the Village of Greenport so we are in the Village of Greenport extension district. We are connected to public water and now public sewer as of last year. This enabled us to go ahead and pursue these approvals, the zoning code allows for a density of one per six thousand square feet of land area with either public water or public sewer but if you have both you can pursue additional density of one per four thousand square feet of land area and that's what we're seeking here; twenty-one (21) existing units plus an additional fifteen (15) brings us to thirty-five (35) based on 3.25 acres. Our current status with this project and the entitlements, we've gone through one public hearing with the Planning Board, second public hearing is schedule for August 5th at which we expect the Planning Board to close the public hearing. We do anticipate listing this as an Unlisted Action under SEQR. Suffolk County Department of Transportation has issued a no comment letter under SEQR, Suffolk County Planning has approved the project also. We've been in front of the Architectural Review Committee who are complimentary of the design which we tried to pay homage to the agricultural and maritime history of the area. Notwithstanding the forgoing, we had (inaudible) McKlean our consulting engineers go ahead and issue a traffic analysis letter which identified, no issues and the final piece is they are working on a drainage plan for the Town Engineer which I expect to submit tomorrow. I just wanted to note that the resort residential district has been an obviously a focus and hotel and motel development in the town has been a focus of the Town Board. Notably this project was exempted from the moratorium resolution adopted by the Town Board and more specifically the I'd just like to quote the purpose of the resort residential district which is at 280-34, it's "to provide for resort development in waterfront areas were because the availability of water and or sewers more intense development may occur". So, this proposed project is directly in line with the purpose established with the resort residential district. Furthermore, it's consistent with the Comprehensive Plan and I understand you've received comments on the LWRP but we believe it's consistent with the LWRP. The zoning consultant hired by the town's updated Comprehensive Plan identified in its zoning diagnostic report dated, September 20, 2023 that the resort residential district is only mapped on approximately eighty-three acres; that's out of thirty-three thousand three hundred and fifty acres in the town. So, it represents .25% of the total acreage in the town. And it "appears to achieve the desired purposes for certain unique waterfront development patterns in the town." Again, we think this is consistent with the LWRP, it is making use of existing infrastructure especially given the fact that we have connected to the public sewer, it builds community character and we're very 37 August 1,2024 Regular Meeting proud of this project. Thank you very much for entertaining these applications. I remain available for any questions that you might have. CHAIRPERSON WEISMAN : Well let's start with the LWRP then because you indicated you have a copy but you believe it's consistent even though that was determined by the coordinator to be inconsistent primarily for two reasons. One, is a side yard setback which I don't really think is going to have an it mentions its to a residential property, I guess he must mean the new building. DANIEL PENNESSI : Yes the new building, he's speaking of the ten (10) unit (inaudible) so immediately east is a residential property CHAIRPERSON WEISMAN : Yea so that's the setback he's said will have an adverse impact on the residential property, the other side yard is resort residential also where the condos are located. DANIEL PENNESSI : That's right, so it's set forth more specifically in our analysis and letter with the applications but essentially this section of the resort residential district in the hamlet of Greenport runs from our property here on the east to I believe it's one or two parcels to the west of Soundview and the Halyard and that entire string is actually zoned resort residential. Notably and as set forth in more detail in that letter, the lines share I think in the hamlet of Greenport along that portion of Sound Ave. ten (10) out of the eleven (11) lots are less than five (5) acres and that includes the Hotel Moraine's parcel as well as the two (2) independent parcels representing the Soundview Motel units. I think those lots, one is 2.17 acres and the other may be even less than an acre on the north CHAIRPERSON WEISMAN : These are all the ones that are RR? DANIEL PENNESSI : RR yep, the remaining RR zoned lots in that portion of the hamlet of Greenport are improved by a mix of condominiums maybe a single-family parcel interspersed in there but are pretty developed and like the remainder of the RR districts in the Town of Southold a lot of these larger parcels have other development impediments, they're either largely wetlands, they're already pretty developed pretty densely by condominium ownership. So, for instance in this portion I mention ten out of the eleven lots in that string of the RR district are less than five (5) acres. In the hamlet of Greenport closer to the village, I think thirteen of the seventeen lots are less than five (5) acres and in greater Southold, nine out of the fifteen lots are less than five (5) acres. So, there are lots in the town that have been developed maybe even issued Special Exception permits are non-conforming uses as hotels/motels that exists on less than five (5) acres in a residential district. 381 August 1, 2024 Regular Meeting CHAIPERSON WEISMAN : Are you aware of any potential obviously you've researched this very thoroughly, are you aware of any prior ZBA variances for Special Exception for hotel/motel on less than five (5) acres? DANIEL PENNESSI : I don't, I don't know I just know of hotel/motel uses in resort residential districts on less than five (5) acres. CHAIRPERSON WEISMAN : Let's go back to that, the other comment was that the proposed new building is seaward of the other buildings making it closer to the bluff. Do you want to make a comment on that? DANIEL PENNESSI : Sure, so interestingly you can see the arrow that's marked 100 feet, we have two boundaries, three boundaries we're dealing with. So, that is the 100-foot setback which we are out of. The coastal erosion hazard line that is mentioned in the LWRP comment six, at the top of the bank; that is not the top of the bluff. The top of the bluff is actually been established much further down which pushes that 100-foot bluff further north than it was established by the coastal erosion hazard line. So, very specifically we are in compliance with 100-foot setback from top of bluff, to your comment before, we are in compliance with the 15-foot side yard setback. That setback on both sides frankly is heavily wooded with mature trees, I have some photos I can share with you if you'd like. On the west side we had gotten some complaints from the managing agent, they said that historically it was a problem even when it was the Sunset Motel, we were not involved in that when cars would pull into the parking lot and pull into their spaces facing west some of the units did get headlights in their units so we went ahead and planted very mature fifteen-foot Leyland Cypress this spring, I think a half dozen of them along that west boundary. Likewise on the east boundary again which I have photos of, we installed a six-foot fence that runs from the south property line closer to Sound Ave. to basically the northeast corner of the existing building and we're prepared to extend that down to the 100-foot setback off the bluff. We also heavily planted the inside of that fence area, that together with other plantings primarily a berm along Sound Ave. we probably planted over two thousand native species on the property in connection with the redevelopment. CHAIRPERSON WEISMAN : Okay, let's look at some more things here. What's the existing lot coverage on the property? DANIEL PENNESSI : The existing lot coverage is, I believe it's 11 CHAIRPERSON WEISMAN : I think it may be 11.6 but do you want to confirm that. DANIEL PENNESSI : Yea 11.6 39 I August 1, 2024 Regular Meeting CHAIRPERSON WEISMAN : And the proposed 14.6 is that correct? DANIEL PENNESSI : Correct, correct. CHAIRPERSON WEISMAN : How is the cottage that you got the variance for the deck replace in kind being used? DANEIL PENNESSI : It's used as common space for hotel guests. It was historically a single- family rental cottage but we gutted it and we run you know happy hours on Thursdays, Fridays, Saturdays, some live music, it's used as a meeting space for cooperate customers. MEMBER PLANAMENTO : So is that erroneously labeled on the survey then where it's called a cottage? DANIEL PENNESSI : Yea probably, I think you know if you look CHAIRPERSON WEISMAN :That's the historic name. MEMBER PLANAMENTO : Cause I was going back to the decision. DANEIL PENNESSI : That's right Mr. Planamento I think (inaudible) they called it one-story framed house is what he calls the south cottage. Sometimes on some plans you'll see it called the chalet, I don't know where that came from. MEMBER PLANAMENTO : Right so but you jumped I thought we were talking about the waterside one. DANIEL PENNESSI : Yea the waterside, so he calls it a cottage but it's (inaudible) MEMBER PLANAMENTO : (inaudible) cottage so that's not the chalet, the chalet is the one on the south side by Cliffside. DANIEL PENNESSI :That's correct. CHAIRPERSON WEISMAN : How is that framed house that's on there being used? DANEIL PENNESSI : So the second floor a staff apartment a one bedroom apartment that's what it had been used for historically and we converted the two bay garage there's a big grade change from south to north here so the two bay garage which is at grade on the northside was converted to a fitness facility for hotel guests. MEMBER DANTES : When you calculated your four thousand square feet for hotel room, how did you include the apartment use in the cottage? I 40 August 1, 2024 Regular Meeting DANIEL PENNESSI : That was included as our twenty first unit. So, when I speak of twenty-one units, we have ten in the east building, ten in the west building and one in that south cottage so it would be included in the aggregate number. CHAIRPERSON WEISMAN : The Special Exception is that is the intent for the new buildings, the proposed'buildings or for the entire property? DANIEL PENNESSI : Quite frankly I'm not sure, I mentioned before when I look at the code I don't have a special the town files don't include a special CHAIRPERSON WEISMAN : We didn't find any either. DANIEL PENNESSI : right and we looked hard, we looked at everything. When that code section was adopted it seems to pre-date the date of the 1995 variance but even in that variance resolution there's no reference to Special Exception being issued. So, I think it's up to the Board. I know it's between this application for Special Exception and the variance there was some back and forth over time as to whether a variance would be required, whether the Special Exception would be required depending in which direction this goes in I would just assume that a Special Exception permit be issued for the entirety of the property. CHAIRPERSON WEISMAN : You know the variance was for insufficient lot area because Special Exception standards as you know you just generally follow all the rules and check the boxes and you get it or you don't. It's not like wiggle room like a variance might be and because it's not on five (5) acres the application was for insufficient lot area. However, we have to grapple with the fact that varying the standards that are not supposed to be varied for the size of the lot is problematic and precedent setting. So, we got to walk through this very carefully but I appreciate your yield. Now there's one other thing that I'm sure that you're aware of, we did receive a letter from the Greenport Village Town Attorney talking about additional sewage discharge with the additional units and indicating that that's actually prohibited until at the very earliest December of this year because there's been some issues with their sewer pipes and so on. Did you get a copy of that letter? DANIEL PENNESSI : I did not. CHAIRPERSON WEISMAN : Oh well then we should make sure you get one. DANIEL PENNESSI : I would appreciate that. I did share I mean I know there's been a change at the village with the administrator but the agreement and I can deal with directly with, see the agreement is pretty clear we anticipated when we acquired this property for all the reasons that I had described, we knew that in this (inaudible) be it it was going to be a public entitlement process that there was a path should be take the risk and take the economic 43- August 1, 2024 Regular Meeting expense to what we thought was to do the right thing and remove that septic system. It was a very large undertaking to install a pump station for this property and to negotiate that sewer agreement. It does provide with the understanding that we were going to be seeking additional density here. It does provide a mechanism whereby we simply just have to pay the additional hookup charges which at the time that we initially hooked up where just over fifteen thousand dollars per unit that we would just have to pay the hookup charge and the usage charge but thank you for letting me know and if have a copy I'd love to have one. CHAIRPERSON WEISMAN : Apparently they put a moratorium on any additional discharge into the sewer system until they figure out what they're going to do with a very old system. DANIEL PENNESSI : The benefit is, I don't think we'll get there by this December unless you guys are inclined to close the public hearing today. CHAIRPERSON WEISMAN : Do you know how much additional parking is going to be required for the proposed additional units? DANIEL PENNESSI : Yes,the part of this we've been focused on the building improvements but the application the site plan application that we have is reorganizing the parking on-site in that existing parking lot. So as drawn we've got thirty-eight parking spaces and one loading zone. The additional parking spaces are going to be achieved by redesigning the parking along the south side of the parking lot as shown on this plan here. Currently those nineteen-foot stalls are not parallel parking, people simply park end to end on the side so we will be cutting into the grassy area there to build those parking spaces as parallel spaces both on the west side and east of the entrance driveway. CHAIRPERSON WEISMAN : You have this before the Planning Board now? I mean I know you had one public hearing you're going to have DANIEL PENNESSI : Their comments, they had again the drainage plan the Town Engineer wanted a more detailed drainage plan. When we did the original project, we did add storm drainage to the entire site. He wanted a couple more calculations. He was a bit concerned about the composition of some of the soils on the south side under the driveway which we're addressing. The loading area as shown on the west, northwest corner of the parking area is going to be redesigned to actually continue directly west into that towards the west property line for the reason of emergency access to the north side of the site. There's an existing part of the county approval for the pump station I don't know how many of you have visited the site but there is actually an (inaudible) road that runs from the current driveway and parking lot up to the pump station but we hydro seeded it so you can't see it. MEMBER DANTES : (inaudible) cobble mesh or cobblestone? 747- August 1, 2024 Regular Meeting DANIEL PENNESSI : Just big item four. We actually had put some of it for construction purposes and then when the county approval came through, they wanted an actual road under there. So, it was compacted and (inaudible). CHAIRPERSON WEISMAN : I'm just looking to see if we had some recent we always get comments from Planning when we have concurrent jurisdiction kind of back and forth and I don't see any recent. They're still working on them? DANIEL PENNESSI : I've just been getting some correspondence, I spoke directly to the Town Engineer about the drainage plan and put him in touch with the consulting engineer and that's the kind of the way the comments have been coming through. SENIOR OFFICE ASSISTANT SAKARELLOS : Leslie excuse me, I received an email earlier today dated August 15Y regarding Hotel Moraine from the Planning Board. It says, it's expected to issue a SEQR determination and continue the public hearing for this application at the next public hearing. So, they need more time. CHAIRPERSON WEISMAN : So that's it. DANIEL PANNESSI : They had just asked that we only submitted. the traffic letter from McKlean earlier this week. CHAIRPERSON WEISMAN : Okay so we need to see what they come up with. Kim, can you make a copy for Mr. Pennessi of the letter from the village? BOARD ASSISTANT : We just did. CHAIRPERSON WEISMAN : Oh good. We did as you know I must say this time around it was a lot easier to walk around on your property than the first time, there was actually solid ground instead of trenches. Let's see if any of the Board Members have any questions, I'll start with you Pat. MEMBER ACAMPORA : No CHAIRPERSON WEISMAN : Eric MEMBER DANTES :The restaurant on the property, how is the restaurant used? DANIEL PENNESSI : Sure, so we operate a NYS AG and Markets license that is run out of a kitchen in the basement of the lobby. MEMBER DANTES : What's it for? 43 August 1, 2024 Regular Meeting DANIEL PENNESSI : Hotel guests, pool service we offer food and beverage to guests in the lobby and the north cottage primarily. CHAIRPERSON WEISMAN : So you have a permit from AG and Markets? DANIEL PENNESSI : We run a (inaudible) detailed in that application we submitted, hotels and motels especially in Suffolk County in New York are very highly regulated. CHAIRPERSON WEISMAN : Oh yea. DANIEL PENNESSI : We run a number of county permits, state permits. CHAIRPERSON WEISMAN : So it's for DANIEL PENNESSI : We have a twenty seat license which is basically the most broad license to serve customers in New York outside of county health. CHAIRPERSON WEISMAN : So that's for guests? DANIEL PENNESSI : Yea CHAIRPERSON WEISMAN : It's not a thing that's open to the public? DANIEL PENNESSI : That's correct. CHAIRPERSON WEISMAN : Anything from you Nick, questions? MEMBER PLANAMENTO : Not really a question but just a statement or a reminder, the Suffolk County Department of Planning there was a review that they suggest or made a resolution to approve but with a series of conditions, do you have a copy of that? DANIEL PENNESSI : I didn't get a copy of the resolution, I did go to the hearing for that and I know that it was (inaudible). CHAIRPERSON WEISMAN : There were an awful lot of comments to us about various things the sewage being one of them.There was a lot of whereas's in this. DANIEL PENNESSI : We did size the pump station to accommodate additional density but part of this application when we get a little further along here McKlean will be submitting an amendment to our permit to add the additional discharge into pump station. CHAIRPERSON WEISMAN : I guess that eight comment looked at the Commissions policies for applications in the vicinity of residentially zoned land which includes the subject property should be incumbent by appropriate operational restrictions to adequately protect nearby 441 August 1,2024 Regular Meeting residences, limitations on lighting, hours of operations, truck deliveries, garbage pickup, truck idling, trash compaction etc..It sounds like your landscape plan things have begun and your reorganization of the parking (inaudible) may begin to be looking at impacts on adjacent properties. DANIEL PENNESSI : We do have dark sky fixtures, EV chargers. CHAIRPERSON WEISMAN : Planning would make you do that. I'm looking to see if there's anything else that we should enter into the record from them. I mean the whole letter is part of the record but well they're talking about minimizing energy consumption, improving environmental quality that's standard boiler plate stuff. Then it says about eventually parking lot should have plans for two percent off-street parking stalls to become future EV charging stations. They're not really germane to this application. DANIEL PENNESSI : Notably in the original draft there was a limitation on density to it's supposed to be approved from the town to thirty-five units and that was intentionally (inaudible). CHAIRPERSON WEISMAN : Who put that restriction on? DANIEL PENNESSI : I don't know it was a recommendation that came through County Planning and it was submitted in the final. CHAIRPERSON WEISMAN : You are how many units total? DANIEL PENNESSI :Twenty-one plus these fourteen will be thirty-five total. CHAIRPERSON WEISMAN : Okay, Nick is there anything you wanted to ask? MEMBER PLANAMENTO : No, no, I just wanted to remind the Board about that, thank you. CHAIRPERSON WEISMAN : Okay let's see if there's anybody in the audience who wants to address the application. SAMIR ATTIA : Good afternoon, my name is Samir Attia I am the owner of 62175 North Rd. just east of the hotel and we absolutely contest, reject this proposed new structure for the following reason. It's too close, you don't have enough room too close to our sitting area, then noise, the pollution from the air conditioning units, the heating units not to mention the guests, the housekeeping, the vacuuming and the cleaning on a daily basis. It's going to be like sitting on a mechanic shop. There's not enough room so it's not this is a hazard for us. My wife is a physician, she's taking care for forty years taking care of high-risk premature babies and I am a high-ranking officer with the federal government and I have been taking care of 451 August 1, 2024 Regular Meeting everybody. I put my self on the line taking care of terrorists in all kind of activities not to mention I have everything with me. I never thought that I would take care of I take advantage -of anybody to destroy their health lung and noise for the hearing and it's just all this because of such a greed. The hotel it will be double the value of course and this house will be going down the drain. It goes by number of units, number of rooms, how much you charge per night (inaudible) one thousand, this is the new value of the hotel. If he has the room that's fine, I would love to help him to do this but he has no room. It's going to be affecting our health. The noise, the pollution all this is coming on our account, it looks nice and everything but it's in our health. We have to take all this in account. I have fractured spine in the military and I don't need this aggravation sitting in a mechanic shop outside sitting listening to the voo, voo, voo all the time and this is it doesn't make any sense. You don't take care of you look at your neighbor and you just without having the room you want to get the variance is okay but excuse me, shitting on your neighbor who are doing the best for the country, who sacrifice their life for everybody both of us. My son is a CIA agent and sacrificing his life overseas, what's going on it doesn't make any sense. You do this to destroy our rest and relaxation for your own benefit. The whole thing if he has enough room far away from us that's fine good for him, I would love to help him even to get richer and add more rooms but there is not enough room. Would you like me to put the landscaper vacuuming putting the John Deere all day to get rid of his guests?That doesn't make any sense, this is what you're doing to me. CHAIRPERSON WEISMAN : That's why we have public hearings, so people can express their support or their objection (inaudible). AMIR ATTIA : Exactly, I am here for that. I put my health on the line overseas and here in the United States protecting everybody from terrorists who all illegal activities and my wife did the same thing all her life. For forty years my two sons are physicians a surgeon and a cardiologist and this is all what we get to sit down and listen to all this noisy nonsense? CHAIRPERSON WEISMAN : Well let me see what the applicant wants to respond to that. Is there some response that you'd like offer Mr. Pennessi? DANIEL PENNESSI : Sure, a few things, I've known Mr. Attia for a couple of years now. When we first acquired the property in October of '21 and started work in earlier in '22 1 had extended myself my phone number to Mr. Attia should anything happen, contractors making too much noise. I explained that it would be a pretty significant construction project for the year. We had a good relationship and I know he encountered some issues with a fence, when we put a fence post in it must have hit his electric service and he was without power for some time in the winter. Upon finding out we of course apologized I wish you know we had contractors on site, the electrician could have dealt with it, we reimbursed the cost for any 461 August 1, 2024 Regular Meeting expenses incurred and we spent a lot of time in April of this year going through maybe three hours at Mr. Attia's house going through in detail this plan because well I've been here before with another property we own in Southold at Croteaux and we encountered a very similar problem with a residential neighbor and were able to overcome that and the new neighbor is very happy; he comes over all the time and we are going to implement some of the same mitigating factors here that we did there. CHAIRPERSON WEISMAN : What would those be? DANIEL PENNESSI : Well, we had offered to extend the six-foot fence down to the 100 foot setback, bluff setback, we would do it to that northern location because we would then wouldn't have to go to the Trustees to extend it any further and it would be at the northern terminus of the new proposed building. We had offered to landscape both the east and west sides of that fence, install mature plantings to enhance that buffer. Again, we are in compliance with the setback and we thought we were getting to a good place to do that. Unfortunately, obviously I don't think we are. On the operation side, the business plan for this property was a family friendly business, we built the Menhaden from the ground up in Greenport in 2018 and that was a bit of a different plan. At the time we were anticipating that would be maybe a little bit of a rowdier crowd coming to eat and drink and hang out in Greenport. We were wrong, it was much more of a docile crowd than what we had expected and here we looked at the market and we didn't find resort product that accommodated or focused on families. While we do get every single demographic at the hotel, we primarily get families with children. As a result, our mornings may be earlier but our nights are not very late. On any given night certainly during the week in fact the lobby shuts down at 10 o'clock, maybe on the weekends it'll run to 11 o'clock, we don't play loud music, it's all new energy efficient appliances heating and cooling. Those existing units have been running and we've received no complaints from anybody in the last two seasons. We opened to friends and family in June 2023, no complaints whatsoever. We run an upscale business and the crowds are not rowdy, we do not get large parties, probably the most activity we get is in that north cottage on Thursday or Saturday nights from 5 to 7 when we have live music for the guests but that's it. CHAIRPERSON WEISMAN : I know it's a conforming side yard but is there any way you could possibly increase the distance to the property line? DANIEL PENNESSI : We looked at kicking the north side of that building up to five feet to the west and I can try for another foot or two but I know the architect was toying with rotating that building a bit and it just architecturally it doesn't work. It becomes proud, it sits too proud of the existing east building and lobby and it hides the north cottage. We can look at 4,7 August 1, 2024 Regular Meeting maybe shifting it a foot or two but when we looked at five feet which we thought would be meaningful it didn't work but we can certainly enhance that 15-feet or even the east side of the boundary if Mr. Attia would be so inclined to allow us to do that, we'd be happy to do that. CHAIRPERSON WEISMAN : Oaky is there anybody else in the audience who wants to address the application? Please come to the podium and state your name. CATHERINE TSOUNIS : My name is Catherine Tsounis and we are residents of Southold Town from 1961 when my parents bought a home and built the Greek Orthodox Church in Mattituck. My husband is a retired school teacher who worked seven days a week to buy a property adjoining the motel and I don't know how this happened but three times we were involved with the zoning (inaudible) from the Southold Planning Board. Fortunately, fifteen years ago Congresswoman Acampora, John Nickels, Dr. (inaudible), Mr. Romanelli helped us maintain our zoning HD. This is our life savings. Our problem is this, we don't really object to the North the Sunset Hotel expanding but and we understand our neighbor; our problem is this, when we are ready to build will the Sunset Hotel have their eyes on our property and object to our zoning because at the time there was special interest that went after us cause we were vulnerable we're middle class society. At the last hearing I showed you the book I wrote concerning the Hellenic American tax payer's association that fought for us. The members of the Greek Orthodox Church signed petitions supporting our rights as property owners. I want to make sure what CHAIRPERSON WEISMAN : What lot exactly do you have? CATHERINE TSOUNIS : It's adjoining yours, I think it's one and a quarter acres, three quarters you can build HD a one or two-family home. CHAIRPERSON WEISMAN : Wait a minute, are you MEMBER PLANAMENTO : It's across the street. DANIEL PENNESSI : It's across the street, I believe it's either directly east of San Simeon or there may be a section of Village of Greenport owned property between this parcel and San Simeon (inaudible). CATHERIN TSOUNIS : (inaudible) we're part of Southold but we're also in Greenport. CHAIRPERSON WEISMAN : It's one of those split zone properties. CATHERINE TSOUNIS : Right, I want to make sure as people who have been living out here for sixty years that our property rights will not be infringed by big money and when the time 48 August 1, 2024 Regular Meeting comes to build you will not change our zoning and we can build whatever it is a one or two family home. CHAIRPERSON WEISMAN : I think that this is a future action which this Board has no jurisdiction over. CATHERINE TSOUNIS : I am here to reinforce this because after going through three zoning over five, six years I don't know who will be the next person here. You people might not be here in five years. MEMBER DANTES : Ma'am we need to know CATHERINE TSOUNIS : So I want it on public record and I would like to present you with a book on the history of the Greek Orthodox Church of Southold for your records. I am presenting it to your secretary. MEMBER DANTES : We don't when properties are re-zoned this Board doesn't have purview over re-zoning so you really need to talk to the Supervisor about it. CATHERINE TSOUNIS : Well life has changed, the people who were here ten years ago do not exist. I just want it on public record, I came here and I expressed my rights as a middle-class property owner who is not connected to elitists or the business community. Thank you for listening. CHAIRPERSON WEISMAN : You're welcome, thank you. Is there anybody else in the audience who would like to address the actual application? Is there anybody on Zoom? No hands up, is there anything else from the Board? We have to wait till we get comments from Planning. As you know already this drags the thing out longer than what we would wish it to be but we have no choice really but to simply adjourn subject to receipt of you know what, I'm just going to put an adjournment down because I doubt that we'll have questions but we might and if we do that way, we can ask you. So, let's just adjourn to October we'll certainly have them by then. DANIEL PENNESSI : There's no September meeting? CHAIRPERSON WEISMAN :There is. T. A. MCGIVNEY :There is but not sure if the Planning Board will have comments by then. CHAIRPERSON WEISMAN : We're waiting on them for about four different applications. DANIEL PENNESSI : Can we do September and if we have it great and if not we can adjourn again until October? 49 August 1, 2024 Regular Meeting CHAIRPERSON WEISMAN : We can try. If we get it then we can close it at the hearing if we have no questions or if we don't get it then we'll just simply adjourn to we'll just keep adjourning until we do get it. I think we can try and accommodate that. Alright, hearing no further questions or comments I'm going to make a motion to adjourn this hearing to the September 5th. Is there a second? MEMBER ACAMPORA : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye HEARING#7934— HENRY BOSTIC and AMBRIEL BOSTIC CHAIRPERSON WEISMAN : The next application before the Board is for Henry Bostic and Ambriel Bostic #7934. This is a request for a variance from Article XXIII Section 280-105D (4) and the Building Inspector's April 26, 2024 Notice of Disapproval based on an application for a permit to construct a deer fence along the front yard of a residential property at 1) located in the front yard is not permitted located at 5305 Narrow River Rd. in Orient. Is there someone here to represent the application? IAN ZUHOSKI : Ian Zuhoski, I am the landscape contractor on the property. CHAIRPERSON WEISMAN : So this is a deer fence in a front yard, it's not a permit to construct we went and inspected the site and it's there already. IAN ZUHOSKI : Not a deer fence, no. CHAIRPERSON WEISMAN : Along the side yard. IAN ZUHOSKI : There is a deer fence in the back yard but that's actually the nursery behind. CHAIRPERSON WEISMAN :There is I guess a low one now with some wire kind of August 1, 2024 Regular Meeting IAN ZUHOSKI : There is four foot fencing. CHAIRPERSON WEISMAN : The posts are in but the fencing is not all the way up to the top of the (inaudible). IAN ZUHOSKI : Correct. You have some green cards here that came back I don't know if you want them, only two so far. CHAIRPERSON WEISMAN : So, what's highlighted in yellow there, is that what you're proposing to enclose or not? IAN ZUHOSKI : No, that most left side of the property there is the section that we're hoping to run down and connect to that double dotted line more on the I guess it would be like the southern side. Yea right there, that's a double four-foot fence with the intentions that hopefully the deer don't jump that but on the left side we were hoping to extend a four-foot fence to an eight-foot fence. I don't know why it's highlighted in yellow. CHAIRPERSON WEISMAN : Yea I don't know either. MEMBER DANTES : It's going to stay as a double four foot fence? IAN ZUHOSKI : Correct MEMBER DANTES : The highlighted part is going to be the eight foot fence? IAN ZUHOSKI : On the I guess it would be more of the western side. So, this is just a dotted line, sorry this is the only section here. They just noted it, it comes off so it wasn't so congested correct. BOARD SECRETARY : You're asking for in this application? IAN ZUHOSKI : Correct, yes. CHAIRPERSON WEISMAN : Do you want to show me IAN ZUHOSKI : We just brought the notation out, I think to keep it clean. T. A. MCGIVNEY : (inaudible) to meet that extend the height of the existing fence to eight- feet. IAN ZUHOSKI :There is an existing fence currently four-foot, we'd like it to go to eight-foot. CHAIRPERSON WEISMAN : Oh so that is the area that you're talking about enclosing. August 1, 2024 Regular Meeting IAN ZUHOSKI : It is, the other highlighted section, I don't know why it's highlighted, that just notes what it's depicted as. CHAIRPERSON WEISMAN : Well one side says existing four-foot deer fence with ten-foot poles. BOARD SECRETARY : We thought it was a fence but only this is a fence this top here. IAN ZUHOSKI : You can see the poles are CHAIRPERSON WEISMAN : Height of existing fence to eight-feet. MEMBER DANTES : The highlighting makes it more confusing. CHAIRPERSON WEISMAN : It is. IAN ZUHOSKI : Yea I don't know who highlighted that. MEMBER PLANAMENTO : During the site inspection there's a fenced in area that's an actual pen like a rectangular area right next to that, it's not shown on the survey it's fenced in. IAN ZUHOSKI : The two four-foot aluminum with the wire, that's the double section. MEMBER PLANAMENTO : No, right by these two little front yard sheds, one of the sheds you received or both of them actually we legalized as "as built" sheds in the front yard in the other application. I thought was a rectangular garden area that's fenced in IAN ZUHOSKI : So there is a garden. CHAIRPERSON WEISMAN : Yea MEMBER PLANAMENTO : With a four-foot high fence. IAN ZUHOSKI : That is going to be a garden but we're here to try to get the four-foot fence on that one side of the property, extend it to an eight-foot fence. MEMBER DANTES : So you're basically looking for 120 linear feet of fencing. IAN ZUHOSKI : An extension of four-foot to eight-foot. MEMBER PLANAMENTO : Actually going back to where you have the double row of fencing that you said is remaining I believe at four-feet high. IAN ZUHOSKI : Uh-huh August 1, 2024 Regular Meeting MEMBER PLANAMENTO : So that's in the front yard technically, so you're keeping that at four-feet? IAN ZUHOSKI : That's not being touched, correct. MEMBER PLANAMENTO : The property to the north where it says, now or formerly(inaudible) Cadori that's the nursery field? IAN ZUHOSKI : On that side, yes. MEMBER PLANAMENTO : So the deer fence wraps around the other side. IAN ZUHOSKI : Correct CHAIRPERSON WEISMAN : Well because this is fenced. T. A. MCGIVNEY : Can you just explain cause I didn't do a site inspection, in one of your photos I think it's the north one, you can see the truck by one of those sheds there, so there's nothing in front that area you're talking about it goes right in front of that is the eight-foot fence. I've seen the property before but when you pull in the driveway is over here. So, what is this for that's not in front? IAN ZUHOSKI : This is the current four-foot fence and T. A. MCGIVNEY :This is four-feet? IAN ZUHOSKI : Correct, (inaudible) intentions to go through the (inaudible) to then extend it the additional height. MEMBER PLANAMENTO : What is it that you want to protect with the deer fence? IAN ZUHOSKI : We didn't want to lose the site of the ponds the natural areas so that's why we did the double four-foot. For this section nobody can see it because it is behind you know and kind of through some heavily vegetated areas so we want to keep the deer out of their yard being that this is the last section that would kind of keep them out. MEMBER PLANAMENTO : Keep them out from landscaping or from actual agricultural activity? IAN ZUHOSKI : From everything, it would keep them out of their yard, the areas that they use on a daily basis. MEMBER PLANAMENTO : Is the property planted with any fruit trees? .53 August 1, 2024 Regular Meeting IAN ZUHOSKI : There is a couple of fruit trees but just the health risks more or less. I mean they do organic treatment for ticks but you know on a health standpoint was where we're really looking to kind of secure the property. CHAIRPERSON WEISMAN : In your application unless I'm wrong, I think you said the deer will still be able to access the property. MEMBER DANTES :They will yea most of the property is unfenced. IAN ZUHOSKI : The other section of the property for sure. MEMBER PLANAMENTO : So you're saying the pond area is left open. IAN ZUHOSKI : Correct, we just want to enclose the areas that they use the most. T. A. MCGIVNEY : Isn't that an irrigation pond there or is that beyond your property? IAN ZUHOSKI : There is some large ponds. T. A. MCGIVNEY : Is that on the property or is that IAN ZUHOSKI : It's on the property yea. MEMBER DANTES : What percentage of the property would you say is being fenced in? IAN ZUHOSKI : (inaudible) of the five plus acres, there's seven acres in total, I mean maybe it's two acres I mean it's a large parcel. CHAIRPERSON WEISMAN : You said it was seven acres? IAN ZUHOSKI : Seven acres in total. MEMBER DANTES : So people are able to fence their rear yards the property has an odd shape or configuration. IAN ZUHOSKI : I know we did one just a couple of years back, I didn't do the actual application but a property in Cutchogue agriculturally zoned all around it and their entire property is fenced in. MEMBER PLANAMENTO : Is that a farm or a private residence? IAN ZUHOSKI : Private residence, they applied for the application I just installed the fence once we got a permit. MEMBER PLANAMENTO : Do you know the address off hand or the road? 54 August 1, 2024 Regular Meeting IAN ZUHOSKI : It's off of Mulberry,they own two parcels but (inaudible). MEMBER PLANAMENTO : I remember(inaudible) but one of the lots was denied. IAN ZUHOSKI : Correct we didn't do that one MEMBER PLANAMENTO : The other lot IAN ZUHOSKI : They own both,they didn't develop one they developed the one and that is MEMBER PLANAMENTO : Where the fencing is. IAN ZUHOSKI : Correct and that's front yard just about to the property line maybe 15-foot in. CHAIRPERSON WEISMAN : Any other questions from the Board? Is there anybody in the audience who wants to address the application? ROBERT SPATNY : My name is Robert Spatny, my wife and I live on number four in this subdivision and it's a couple of hundred feet down on a private road. They are on the northside of the private road, we are on the southside. I received the application extremely confusing couldn't understand what they're wanting to do. I called the,contractor's office and got a survey that shows their proposal and even that wasn't very it was difficult if you'd like to see a copy of the survey it might clear up a few things. May I present that? CHAIRPERSON WEISMAN : Sure ROBERT SPATNY : As I understand things they want to put a double four-foot fence here along the side yard? MEMBER DANTES : Yes ROBERT SPATNY : I don't know the height of the fence that they're proposing along the front yard. MEMBER DANTES : He can put the double four-foot fence there as of right and (inaudible) ROBERT SPATNY : But the front yard, how tall will the fence be along the front yard? MEMBER DANTES : Eight feet. ROBERT SPATNY : Eight feet okay so what they're doing is they're creating essentially a paddock that's all enclosed except for the driveway entrance. MEMBER DANTES : Yes August 1, 2024 Regular Meeting ROBERT SPATNY : So any animals that get in there are going to be extremely confused, they probably won't be able to readily get out. I don't really, I object to the fence in the front yard, it certainly would present a precedent for other people to also create an enclosure around their entire house because there is an existing deer fence on this side on the rear and also on this side. So, like I say, they are enclosing their entire property essentially except for a driveway opening. MEMBER PLANAMENTO : Actually their driveway they have a gate. ROBERT SPATNY : Oh really, it's not shown here for me so I didn't realize that. So, with the driveway gates, it's a paddock whatever gets in there is not getting out. CHAIRPERSON WEISMAN :That's correct. ROBERT SPATNY : It's a ridiculous proposal to me. IAN ZUHOSKI : On that one side there's a double four-foot fence so they could get in and or out but the idea of the double is that there's that they're not likely to jump it. ROBERT SPATNY : That's right they're not, once they get in they're (inaudible). IAN ZUHOSKI : There are gates throughout. ROBERT SPATNY : Not that animals can use. IAN ZUHOSKI : You leave them open and they'll work their out. CHAIRPERSON WEISMAN : Okay is there anybody else that wants to address the application? Will you come to the podium please. BURKE LIBURT : I have a citation that may have relevance on this application. CHAIRPERSON WEISMAN : Would you state your name please first. BURKE LIBURT : My name is Burke Liburt we live approximately a half a mile from this property in Orient. The citation is from the New York State of Environmental Conservation, because deer are large highly mobile animals there is a little an individual property owner in developed areas can do to reduce the deer related problems they face. Enclosing a property in a fence the deer can't jump over can prevent landscaping damage but it does nothing to reduce the risk of deer vehicle collisions. Furthermore, such fences around yards have the effect of pushing the deer onto other properties thus improving the situation for some residents at the cost of making it work for others. That's the deer management guide division (inaudible) wildlife, 2018. s6l August 1, 2024 Regular Meeting CHAIRPERSON WEISMAN : Thank you. Is there anybody else? Is there anybody,on Zoom? MEMBER PLANAMENTO : Actually if I can ask Ian a question, you stated earlier in the hearing that the double four-foot high fence you're hoping would work to keep the deer out although (inaudible) could possibly jump over it cause you want maintain the pond view and that open space, where you're proposing the eight-foot high deer fence is kind of an area with phragmites it's rather densely I don't want to say planted but whatever that natural (inaudible) is and I don't know the mobility of deer but they seem to be everywhere but did you consider putting the double high the double four-foot high fence to see if that works first? IAN ZUHOSKI : We didn't, again just because the visual for their view we went double. We did some research and it does seem to work but again MEMBER PLANAMENTO : Here there is no view. IAN ZUHOSKI : Here there's no view but the other side say the left side looking outwards already does have a deer fence so we're just looking to keep it consistent with you know obviously an eight-foot fence is a little bit more structured than a double four but this will allow us to hopefully keep the deer out. CHAIRPERSON WEISMAN : Okay, anything else Nick? MEMBER PLANAMENTO : No CHAIRPERSON WEISMAN : Eric MEMBER DANTES : No CHAIRPERSON WEISMAN : Pat MEMBER ACAMPORA : No CHAIRPERSON WEISMAN : Okay anyone else in the audience? Motion to close the hearing reserve decision to a later date. Is there a second? MEMBER ACAMPORA : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye 57 August 1, 2024 Regular Meeting MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye the motion carries. HEARING#7893SE,#7894,#7914SE &#7897—SILVER SANDS HOLDINGS 1, LLC CHAIRPERSON WEISMAN : We have on our agenda four applications from Silver Sands Holdings,this was adjourned from May 2"d. We've just been informed that the Planning Board requires additional information from the applicants and as a consequence they have not been able in a timely way to get substantive comments to us about parking yield and so on which has a substantial bearing on what can and cannot happen on that property. So, I'm sorry for the delay for all of you, I appreciate you being here but we are going to have to adjourn this to MEMBER PLANAMENTO : Leslie I don't mean to interrupt but I'm going to leave. CHAIRPERSON WEISMAN : Right he's recused from these applications. We're going to adjourn this to the October Regular Meeting. What's the date in October? Alright, because until we have those comments as coordinated review between the two agencies, we need to see what they have to say about various proposed uses on the property and how it will affect parking and so on and so forth. So, I'm going to make a motion to adjourn all of those applications to the October 3rd Regular Meeting. Is there a second? MEMBER ACAMPORA : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye CHAIRPERSON WEISMAN : Aye, sorry if you sat here for not much of anything but there's nothing we can we just found out about this and we were hoping to get comments so that we could move the applications forward but that just didn't happen. Come back in October, maybe it won't be so hot. Alright, we've done all the resolutions already so I'm going to make a motion to close the meeting. Is there a second? sa August 1,2024 Regular Meeting MEMBER DANTES : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye CHAIRPERSON WEISMAN : Aye,the meeting is close you can stop recording. August 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 :August 7, 2024 6ol