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HomeMy WebLinkAboutZBA-10/03/2024 Hearing TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK: STATE OF NEW YORK --------------------------------------------------- ----------------------------------- TOWN OF SOUTHOLD ZONING BOARD OF APPEALS --------------------------------------------------------------------------------------- Southold Town Hall &Zoom Webinar Video Conferencing Southold, New York October 3, 2024 10:17 A.M. Board Members LESLIE KANES WEISMAN - Chairperson PATRICIA ACAMPORA—Member ERIC DANTES—Member ROBERT LEHNERT—Member (Absent) NICHOLAS PLANAMENTO—Member KIM FUENTES—Board Assistant JULIE MCGIVNEY—Assistant Town Attorney ELIZABETH SAKARELLOS—Senior Office Assistant DONNA WESTERMANN —Office Assistant October 3, 2024 Regular Meeting INDEX OF HEARINGS Hearing Page Oregon Road Estates Vineyard, LLC/Russell Hearn#7941 3 Decision for Jonathan Presseau #7920 3-4 Decision for Thomas Bradford #7944 4- 5 Silver Sands Holdings I, LLC#7893SE, #7894,#7914SE &#7897 5 North Road Hotel, LLC/Hotel Moraine#7927SE 5 &32 North Road Hotel, LLC/Hotel Moraine#7953 5 & 32 Pristine Projects, LLC#7943 6- 19 Dean T. Karavas#7948 19- 22 Cedars 1883, LLC/Jonah and Katie Sonnenborn#7945 22- 26 Jose and Juana Sarabia #7954 27- 28 Harbes Estates LLC, Monica and Edward Harbes#7847SE 29- 31 Michele Glover#7952 33 - 36 225 Oak Road LLC, Pat McAuliffe#7950 36-47 October 3, 2024 Regular Meeting CHAIRPERSON WEISMAN : Good morning everyone and welcome to the meeting of the Zoning Board of Appeals for October 3, 2024. Will you all please rise and join me in the Pledge of Allegiance. Thank you very much. Before we get started let me just.do the 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 (SEQR) 6 NYCRR Part 617.5 © including the following: Pristine Projects, LLC, Dean Karavas, Cedars 1883 LLC, Jose and Juana Sarabia, Harbes Estate, Michele Glover and 225 Oak Rd. so moved. MEMBER ACAMPORA : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA :Aye MEMBER DANTES : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye. The first thing I'm going to do is make a motion to table Oregon Rd. Estates Vineyard LLC, that draft is not finished yet and we're going to put that on for the Special Meeting this month. So, I'm going to make a motion to table. Is there a second? MEMBER PLANAMENTO : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye. Let's have a look at the draft that we have in front of us for Jonathan Presseau # 7920. Just very briefly, we're looking at a number of variances here and we have a side yard setback, we have lot coverage issue, we have a gross floor area issue and that's it. This is for substantial renovations to an existing dwelling. The GFA averaging was submitted in support of the application twice first with properties that were kind of scattered all over and second with properties that followed guidelines that ZBA provided to define the immediate neighborhood. It turns out the average gross floor area is significantly less than what is being proposed and the Zoning Board is only permitted by town code to grant no greater than the average in the neighborhood. So, we will have to deny that. The applicant October 3, 2024 Regular Meeting can construct part of their project by removing some other parts and thereby mitigating some of the lot coverage, we're granting alternative relief for lot coverage basically what's already there. We're granting the side yard setback so this is a motion to deny as applied for the gross floor area, grant as applied for the side yard setback and grant alternative relief of 22.9% lot coverage subject to two conditions; the submission of revised plans and site plan and so on. Then the condition that the attached one-story garage addition may not well garage may not be converted to conditioned habitable space. Are there any questions or comments or discussion on this? MEMBER PLANAMENTO : I'll second it. CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye. The next one is Bradford #7944. This is for a demolition of a single-family dwelling and construction of a new one which basically puts it in greater conformance with an alternative waste water treatment system and outside of a flood zone. Five variances are.required here, a GFA excess but it's on 143 sq. ft., proposed construction sky plane, lot coverage of 22.4%, front yard setback of 25 instead of 35 and a single side yard setback of 7.5 instead of 10 ft. It goes through all of the reasons and let's just go right to the conclusion MEBMER PLANAMENTO : I think the important thing here though is the applicant amended the application removing three of the variances. CHAIRPERSON WEISMAN : Yes very good, thank you for pointing that out. So, this draft is a proposal to grant the variances as amended and as applied for and shown on the architectural plans. Two conditions, Trustees approval and IA system or Health Department approval for the new house which will be an IA system. Nick anything else you want to mention on this? MEMBER PLANAMENTO : No all I would say is, I think it was very good of the applicant although they could have done this originally in their submission but they basically made some modest changes which removed three variance requests. CHAIRPERSON WEISMAN : Yes, you want to make the motion? October 3, 2024 Regular Meeting MEMBER PLANAMENTO : III make a motion to grant the application as amended for two variances for the front yard setback and for the I'm confusing myself, the GFA. CHAIRPERSON WEISMAN : I'll second it, all in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye, the motion carries. Let's get to the hearings now. The hearings that were originally scheduled at 10 o'clock for Silver Sands Holdings have been adjourned and the applicant is aware of it to our November 7th meeting. There is also another adjournment and that is for the two applications #7927SE and #7953 for North Rd. Hotel/Hotel Morraine, that is being adjourned we're waiting for Planning Board comments also to the November 7th meeting. So, I'm going to just formerly enter into the record a motion to adjourn Silver Sands. Is there a second? MEMBER DANTES : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye CHAIRPERSON WEISMAN : Aye and a motion to adjourn North Rd. Hotel/Hotel Morraine to November 7th. Is there a second? MEMBER ACAMPORA : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye. Remind me after lunch to make the announcement again in case somebody is coming into the meeting later with the expectation that we will be hearing these. There are some people on Zoom so Liz would you go over how people can participate on Zoom. October 3, 2024 Regular Meeting SENIOR OFFICE ASSISTANT SAKARELLOS : Thank you Leslie, good morning. For those on Zoom if anyone wishes to comment on a particular application, I ask that you raise your hand. I'll give you further instructions on how you will be able to speak, I will move you in as a participant. If you are using a phone, please press *9 to raise your hand and then I will give you the next step to do in order to speak.Thank you. PRISTINE PROJECTS, LLC#7943 CHAIRPERSON WEISMAN : The first application before the Board is for Pristine Projects#7943. This is a request for a waiver of merger petition under Article II Section 280-10A to unmerge land identified as SCTM No. 1000-63-1-5 which has merged with SUM No. 1000-63-1-4 based on the Building Inspector's May 13, 2024 Notice if Disapproval which states that a non- conforming lot shall merge with an adjacent conforming or non-conforming lot held in common ownership with the first lot at any time after July 1, 1983 and that non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements (minimum 40,000 sq. ft. in the R-40 Residential Zoning District) located at 155 Sunnyside Rd. in Southold. Good morning, Pat. PAT MOORE : Just before I start, I want to introduce George Georgiadis who is one of the principles of Pristine, he's here. Are you ready for me to begin? CHAIRPERSON WEISMAN : Yea, I guess I just want to start with one question, you're looking at a subdivision correct? PAT MOORE : Actually the application is an area variance because the property has been changed hands so the waiver of merger short cut process does not apply here. In fact, your description is accurate it is an unmerging of two parcels but it is technically it's an area variance application. CHAIRPERSON WEISMAN : What size are the two proposed lots, the developed lot and the undeveloped lot. PAT MOORE : The survey shows the let me get the survey so I have the accurate information. CHAIRPERSON WEISMAN : We have lot 4 and we have lot 5. PAT MOORE : The Notice of Disapproval I apologize MEMBER DANTES : (inaudible)the Notice of Disapproval? October 3, 2024 Regular Meeting CHAIRPERSON WEISMAN : I know that's why when I started reading it I thought well why don't you if you're subdividing just go to Planning and PAT MOORE : We can't. CHAIRPERSON WEISMAN : You can't because is if you have you need a variance for insufficient lot area but that's not correct it's not they should have looked they should have indicated that this is not a waiver of merger but rather a subdivision that requires area variances for insufficient lot area and then you would have gone to Planning. PAT MOORE : No, I have to go to I have to get the variance first. CHAIRPERSON WEISMAN : I know I'm saying then you would have been before us for that and then you would have gone to Planning. MEMBER PLANAMENTO : The application says merger, it doesn't say anything about area variance. CHAIRPERSON WEISMAN : I know. PAT MOORE : My application has the relief request is variance. MEMBER PLANAMENTO : It says merger. MEMBER DANTES : No it says that on the Notice of Disapproval but (inaudible). PAT MOORE : All I can tell you is that we have two parcels that were previously subdivided from the Grattan subdivision that they are both owned by different individuals and the single and separate shows that the merger occurred between 1985 and 1987 three years. T. A. MCGIVNEY : Pat I'm sorry to interrupt you, the first page if your application you have it checked off that you're under Section 280-10 merger. PAT MOORE : I filled out the form as an area variance so yea CHAIRPERSON WEISMAN : To make it even more confusing the Notice of Disapproval says merger determination, it doesn't even say waiver of merger. PAT MOORE : I honestly I followed what they asked but the area it merged previously so. T. A. MCGIVNEY : You're (inaudible)that it is a merged piece of property? PAT MOORE : Yes, absolutely. T. A. MCGIVNEY : So what is your relief that you're looking for? October 3, 2024 Regular Meeting PAT MOORE : I need area variance for the size of the parcel in order to unmerge. Now the two properties are owned by independent different people.The application is to return CHAIRPERSON WEISMAN : Subdivide PAT MOORE : Yes subdivide it. So, when I am finished if and when the Board gives us the approval to move forward then I have to go to the Planning Board and re-subdivide because it was a previously subdivided parcel. MEMBER PLANAMENTO : Then that explains why in your application you keep using the phrase re-subdivision. PAT MOORE : Yes because it is part of a subdivision the Grattan subdivision. CHAIRPERSON WEISMAN : Now which is which, lot 4 is the I just want the lot numbers. Which is developed and is that the one that you're proposing? PAT MOORE : Let me make it simple, lot 5 is the one adjacent to the railroad, that's the one that faces Sunnyside Rd. as you go out to Horton that's that corner. CHAIRPERSON WEISMAN :That's the wooded one then. PAT MOORE : That's the wooded lot yes correct.That's tax lot 5, 63-1-5. MEMBER PLANAMENTO : And that's where you want the area variance on for the PAT MOORE : Correct cause that's the one my client owns.The lot the other CHAIRPERSON WEISMAN : What size is that proposed PAT MOORE : That lot is 9,048 sq. ft. MEMBER DANTES : I think we are going to need an amended Notice of Disapproval. CHAIRPERSON WEISMAN : Yea we will need that absolutely. MEMBER DANTES :The size, depth CHAIRPERSON WEISMAN : Yea because that's true there might be issues with lot depth, lot width all of those things. T. A. MCGIVNEY : (inaudible) changing the application and Notice of Disapproval for anyone that might be interested in hearing it as a October 3, 2024 Regular Meeting CHAIRPERSON WEISMAN : Yea, well why don't you just go through what you need and then you're going to have to go back to Building and (inaudible). PAT MOORE : Back to the Building Department and ask them to give us a revised Notice and I'll give you an amended I mean do you need a new form, application form or it's the same form but CHAIRPERSON WEISMAN : Well why don't we see whether or not they determine it's more than just a lot area, it might be width and depth. MEMBER PLANAMENTO : You need a minimum of 150 (inaudible) width. CHAIRPERSON WEISMAN : See what I mean, it's not even correctly noticed. PAT MOORE : I don't know what to tell you I'm just you know T. A. MCGIVNEY : I was thinking to myself why is she arguing that this isn't merged but you're not arguing that. PAT MOORE : I'm not arguing it because (inaudible) by operation of law. CHAIRPERSON WEISMAN : That was clear that it was merged and there was no argument there but it wasn't clear what you wanted us to do about this. I did think you wanted a subdivision but then I thought well in order to the only reason you'd be before us for a subdivision would be if there's insufficient lot area when you subdivide but that was not clear at all. PAT MOORE : No problem, okay now it's clear. Do you need the details of the other lot? CHAIRPERSON WEISMAN : What is lot 4 going to be size wise? PAT MOORE : The improved property let me pull the survey on that one, that one is a double sized lot well both are actually double sized from the original subdivision.Tax lot No. 4, 63-1-4 is 10,110 and it contains a one-story dwelling with a screened in porch and a garage 24 x 24 garage on the north end of the property. CHAIRPERSON WEISMAN : Okay and this is a R-40 zone? PAT MOORE : R-40 zone yes. I did actually refer to the standards of an area variance which were the character of the neighborhood and the five-part test so I provided for you in writing how this actually these lots came about. They were originally.subdivided by the Grattan family. The originally Grattan, Grattan Daniel R. cause there's a lot of them that have the same names so Daniel R. and his wife I think it was Agnes subdivided in 1947 then they October 3, 2024 Regular Meeting conveyed out certain lots to their children. Those children conveyed out their lots to grandchildren and this particular lot ended up in the ownership of Wayne Grattan. Wayne had gotten the parcel from his father. At the time that he got it in '83 the town was issuing vacant land C.O.'s. He had a vacant land C.O. to prove that the lot was a buildable lot according to the rules in '83 and with that he got title to the property. Ultimately, he decided to relocate south and at that point he sold Wayne sold the property in 2021 to Zoumas Contracting. I was here before many years ago in 2021 there was a dispute at the time the northerly owner was, I think he was being prompted by someone cause he was a lovely elderly gentleman and wouldn't have been able to afford legal representation that he got but they claimed that they had adverse possession rights over this property not completely but there was some encroachment. That initiated a law suit because there was the pending application at the time my thought was, I don't know if you were on the Board or not but whoever the Chairman was, I forget, at that time we were discussing well how long is this going to take, do we leave the hearing open waiting for a determination on the adverse possession claim. Ultimately, we decided you know what, we're going to withdraw the application so that give it time to sort out on the adverse possession which in the end the adverse possession claim was petered out nothing happened. There was it was a complaint and looking at the index from the court records it never got prosecuted or pursued so that case just went away. Ultimately, Zoumas held onto the property for some time, Zoumas Contracting old man Zoumas conveyed the property to his two sons. The two sons put the property on the market and my client purchased the property from the two Zoumas boys. At the time and you'll probably ask this so I'm going to put it right on the record that at the time that they went to purchase the property the contract had subject to Health Department and subject to due diligence. They got Health Department no problem, they applied to the town because the attorney that was representing them put in FOIL request to the town, the town had not they had incorrectly not indexed this case file. So, when multiple one of them and later one cause I couldn't believe it wouldn't be in the town records. When they FOILED it a second time it still didn't show up in the town records and they had FOILED the Building Department and the Assessors Office with respect to finding out the history of this property. Ultimately, I guess somebody spoke it became kind of it's a small town, ultimately somebody called me and I explained the history because this case is one that I've never forgotten you know you just have a memory,of faces and that's when I was able to give them the background of what happened. So, the determination the variances that would be required for the reestablishment of the lot never got adjudicated in the first round of applications. So, it left everything unresolved status quo so this application could be made. The character of the neighborhood is pretty well established, this is a very small dead-end. Sunnyside Rd. comes off of Horton and dead ends. The Grattan subdivision is the neighborhood that is a certain number of lots. Our neighbor who I see is here, hello, we had approached him early on :.0 October 3, 2024 Regular Meeting and said listen, they are going to sell the property are you interested and we had some conversations nothing in detail and I think ultimately contacted his lawyer and we never really heard anything more so we kind of left it at that and said OKAY fine we're going to proceed with this application. This lot that's being reestablished is actually a double-sized lot, it doubles the size of the Grattan subdivision lots so if you see actually you see on this survey the lots to the northeast that are on the Sunnyside Rd. that enters Horton you can see that the width of the lots, that's the original lot sizes of the parcels. The Grattans combined two of them for this piece and also combined two of them for the prior owner who was the buyer from one of the Grattans. I think that was the original (inaudible) Grattan he may have been the original owner of that house. I'd have to go back I don't have that memorized but in any case. This is an unfortunate situation where the merger is a period of three years in the eighties. No one expected these lots to have merged, there have been conveyances throughout that, no one has treated it as a merged parcel. Certainly, the parcel to the north would have you know I'll let him speak for himself if he expected this lot to be part of his but there are two different deeds, different surveys. It is without this area variance what is going 87to happen is, the lot will be sterilized. That's the not the purposes of the town code and unfortunately because Grattan had conveyed out and the merger occurred '83 to '87. The Grattan family hadn't realized it had merged otherwise certainly they would have had the opportunity to come and have it unmerged because he was still in the family. I'm happy to respond to any questions that you might have. It's not a complicated application but it is a frustrating application in my book because this lot clearly is a wooded lot always intended to be developed. It's gotten Health Department approval multiple times, ',both Zoumas got Health Department and now my client has Health Department approval. The house could be built here without any difficulty and will not change the character of the neighborhood. There is no other option for the client to achieve these (inaudible). CHAIRPERSON WEISMAN : Let's see if anybody has any questions, Pat anything from you? MEMBER ACAMPORA : No CHAIRPERSON WEISMAN : Eric MEMBER DANTES : No CHAIRPERSON WEISMAN : Nick MEMBER PLANAMENTO : I think there's a gentleman that wants to speak so I'll hold off for now. October 3, 2024 Regular Meeting TIMOTHY STARON : Hi good morning, I'm Timothy Staron I am the owner of the lot next door to. First off, Ms. Moore I think you're mistaken with the whole no one ever came to me asking me about the lot. PAT MOORE : (inaudible) spoke to you. TIMOTHY STARON : I said I could be interested in the lot and I brought that up. CHAIRPERSON WEISMAN : Hold it you have to address the Board. TIMOTHY STARON : I'm very sorry. So, when we spoke, I had said what's going on with the lot, what's happening and I said yea I might be interested in the lot but nothing was ever brought to my attention nothing was ever brought up. Then when they wanted me to come in to get things signed on them, I said no I have to go through my lawyer on this and nothing was ever discussed in the meantime maybe possible purchasing the side lot. My only issues with this is, one the proximity of my house to where they're building. The closest part of the house is 20 feet away from the lot size that they're looking to go ahead and build. The other thing is, probably would have a little bit more cooperative if the owner of Pristine had not come onto my property and told me he was a surveyor coming onto my property to go ahead and do the size lot and not the property owner himself so that I have an issue with as well. Other than that, if variances and everything else to the house are legal, I just don't understand why the house cannot be you know put a little bit farther away than my house and that's the one question I would like answered for the most part. CHAIRPERSON WEISMAN : Okay well right now that's not before this Board it's just merely establishing a lot that could be built on. If the applicant comes back or the property owner comes back should that subdivision take place that would be the action of this Board then they have to go to the Planning Board to bless that subdivision. Then they go to the Building Department with building plans and if what they're proposing all sits withing the code required building envelope the setbacks then they have the right to do that as of right there won't be a public hearing. If they're going to in any way make that setback non-conforming to the code, it's too close to the side yard then they'll be back here and you'll-have a second bite of the apple. TIMOTHY STARON : Understood CHAIRPERSON WEISMAN : That is the process. TIMOTHY STARON : Okay thank you very much. CHAIRPERSON WEISMAN : You're very welcome, is there anybody else in the audience? 7.7 October 3, 2024 Regular Meeting GEORGE GEORGIADIS : I would like to address the Board. Good morning and thank you for allowing me to speak to you today. My name is George Georgiadis and I am a principle of Pristine Projects and again thank you for listening to me today and giving me time to address you. I just want to address a couple of issues that were stated that the gentleman hello good morning to you. I did meet the gentleman one time and when I did meet him the surveyors a local gentleman here at Peconic Surveyor who is a long-time resident, John Metzger and his sons. They were the surveyors that provided the service so on the day that he I don't know if there was confusion or otherwise but on the day that I did meet him the surveyors were there, they were staking out the property. Mr. Staron came out because one of the property stakes I guess he felt they were close to his property line. I asked the surveyors could you please make sure that you're being accurate, they said yes sir, these are the corners, this is the they referenced what books they were using the Suffolk County tax map books and real property tax agencies and whatever other documents they use as surveyors. I want to point out just one thing, you know the difference between the lots you know the lot that we purchased at 90 feet by 101 differs from the neighboring lot really by I believe it's somewhere in the area of a thousand square feet total as the neighboring lot seems to be 111 on the front and 114 on the back and roughly 90 on the sides in terms of its area. I also wanted to address that you know during this period it was COVID you know (inaudible) on behalf of the agencies that we had to deal with. There was limited access, there was a flurry of applications coming in so everything was working out of I would say not a normal pace. My conversations I dealt with a lady a very nice lady at the Building Department by the name of Connie Bunch and when I inquired prior to going into contract on the land about any information on that land I was informed that there is no information because it's a vacant lot and there's been no application for a building in the history of that lot. We did apply for the Board of Health; we were approved for the Board of Health. The original FOIL request only came back with a property, a confirmation of the tax amount and a statement that there was no further record. We did not become aware of the Notice of Disapproval that existed on how it came about, it was not a document that produced by the Building Department. Sometime in I would say probably late August of 2023 we decided that you know what, we haven't done anything with the land let's just put it up for sale. We listed it for sale and a perspective buyer who had an attorney with intimate I guess historical knowledge of the area contacted my real estate agent and warned her that she can get into a lot of trouble for misrepresenting the lot as a buildable lot. So, she reached out to me and said, hey you know I'm getting these statements I said ah they're a quack I have all the proper paperwork, I have my Health Department approvals what are they talking about. They continued to have conversations and this unidentified attorney who was representing a potential buyer he had access on his own files to this Notice of Disapproval that was given to Zoumas Contracting back in I believe it was in 2004 well before we ever got it. Now, if we had seen that Notice of Disapproval that was a 131 October 3, 2024 Regular Meeting smoking gun that this is not a buildable lot. When I asked, I went back to the Building Department, I spoke to Mr. Verity, I tried to address Ms. Bunch she referred me to Mr. Verity, I spoke to him very nice man we had a meeting. He said to me, well not all of the records have been indexed because those are outdated records. I said to him I understand that sir but I go your agency is responsible for maintaining its own records. If a FOIL request is being made if we're asking for public information this document is a key document that indicates there's a problem with it being a buildable lot. Had we seen this there would have been no purchase. Now, the Building Department the way I got it was, after the realtor got back to me on November 30, 2023 1 went into the Building Department, saw Ms. Bunch again and Ms. Bunch had a copy of the Notice of Disapproval not from their own records because that attorney had gone there and presented it to her. So, she gave me that Notice of Disapproval at that point. That's the first time I ever saw it. CHAIRPERSON WEISMAN : What did it say? GEORGE GEORGIADIS : The Notice of Disapproval stated that it was a notice if I can reference it one second, it was a determination a Notice of Disapproval for a merger determination that had been given to Zoumas Contracting that sited the same Disapproval that we received Article II Section 280 that it was a non-conforming lot with an adjacent non-conforming lot that had been held in common ownership after July 1, 1983. MEMBER DANTES : What did Zoumas represent when you bought the land, did they represent it as a buildable lot, did they give you any of the documentation that they had? I mean they knew that there was an issue cause they were part of the application. GEORGE GEORGIADIS : I'll comment on that, they were very, very careful along with their realtor and their lawyer in the type of language that they used. In my opinion unethical behavior, illegal behavior no because they were very, very careful about what they said and how they said it. When we went to go purchase, we made it clear in writing that we are our sole purpose of purchasing the piece of land was to build a single-family home that was the only purpose that we had. Quite frankly I don't see any other purpose for land why would anybody buy a land that's not buildable what value would it have? This issue of merger never appeared anywhere and what I find difficult to understand, I understand that you're dealing with other agencies, I understand that the Health Department you know they regulate the sanitary systems, the water lines, their distances thereof. To answer the question that Mr. Staron brought up, the reason that that proposed building is located where it's located because given the size of the lot which is similar to his lot, very similar you have to keep a certain distance between your water source and your sanitary source so you're not you really don't have the ability to move too much it's pretty much potted out because of those October 3, 2024 Regular Meeting restrictions and that was how we had to do it so that the approvals were done by the Board of Health. When I spoke with the Board of Health and I asked them well how does this come up that you're providing approvals and you know what the purpose of the application is for a single-family residence and you're approving it and I understand that you're not the Building Department but your purpose here is for the role of building a structure and getting approvals cause we need those approvals in order to go for the Building Department permit. He said, well we use a Suffolk County tax map book of 1981 and we reference the Suffolk County real property tax agency and on both of those it makes no reference it has nothing to do with mergers. We have absolutely no idea about the merger, the merger is at a different level at the town level. I said to him, I understand that but I go how is there no intercommunication? Shouldn't you know that that's merged and when that application is being done to the Board of Health you just deny it because it's not buildable? He said, it makes common sense what you're talking about but that's not how we operate. Unfortunately, we only do this independently sort of in a vacuum which to me as a lay person just doesn't make sense. T. A. MCGIVNEY : I just want to interrupt you for a second, without any affidavits everything that you're telling us about the Health Department we can't verify but when you purchased the property I don't I've never seen a vacant land contract that didn't have it subject to a building permit or subject to it being a buildable lot. So, I just don't the Health Department is fine but you normally have to have it subject to a Building Department (inaudible). PAT MOORE : That's not true. T. A. MCGIVNEY : It is true if the person purchased it for building it. GEORGE GEORGIADIS : So, originally we did request a Building Department permit. Again, we have to go back to the time area, you're talking about the height of COVID. You're talking about a real inability to get communications with the different departments. The Building Department here was slammed I mean slammed all around T. A. MCGIVNEY : I'm just speaking to the fact that you know contracts are usually are subject to it being a buildable lot, if the purpose of purchasing it is to build. So that whole step right there could have been GEORGE GEORGIADIS : Correct, that was in the contract and because of the excessive delays that were due to COVID that was something that was okay well we'll agree to the Health Department permit and honestly the Health Department permit ninety nine out of a hundred times you have the Health Department permit unless you have a situation like this where there's a merged lot that there's no documentation of and I'm going to just point out one other thing; After we were made aware and we contacted a hired Ms. Moore we had an October 3, 2024 Regular Meeting associate make another FOIL request she has the copy of that and that's dated September of I believe T. A. MCGIVNEY : It's okay it was just a comment about how this CHAIRPERSON WEISMAN : Let me just interrupt for a second, all of this is very interesting background and history. This Board has to determine, we understand the facts, we know what happened, the Board has to determine whether or not there's justifiable reason to grant an area variance for insufficient lot size and that's it. Now, the only question I have is we need to have a Notice of Disapproval that says that. I want to make sure that the Notice doesn't also site depth and width because then that adds to it. I think we have all the facts we need at this point, is there anybody on Zoom that wants to address this? MEMBER PLANAMENTO : I had a couple of questions also. CHAIRPERSON WEISMAN : I'm just going to finish my thought and then go ahead I'm not going to make a motion yet. I'm going to say what I think the best thing to do would be to adjourn it to the Special Meeting in two weeks to give you time to go to the Building Department, get that sorted out and then we will know whether we have to hear it again for additional variances or it's just the area variance then we've heard that. You've already given us your arguments for that. PAT MOORE : My written work is anticipating area variances needed for this lot because the width and the depth we can't create anything different than what is there and CHAIRPERSON WEISMAN : No of course I know but we might need to grant variances for it I don't know. PAT MOORE : No, no I think we should include everything, it's funny I think they followed the prior Notice of Disapproval they took the old one and just repeated it rather than treat it as creating a new lot with the area variances needed for a new lot. CHAIRPERSON WEISMAN : Okay, you understand what we're asking for. PAT MOORE : I understand yea. CHAIRPERSON WEISMAN : You had a question. MEMBER PLANAMENTO : Yes so, we kind of just talked about one of the questions I was going to ask which is,.can you build a conforming house and it would appear that the answer is no. PAT MOORE : Conforming house? 161 October 3, 2024 Regular Meeting MEMBER PLANAMENTO : Conforming, meeting the front yard setbacks which would be a minimum of 35 feet I believe for this lot size. PAT MOORE : Yea we'd have to rely on average setback most likely but we don't have that many we only have the neighbors at 25 and we're at I think it's 25.2 MEMBER PLANAMENTO : Yea you proposed 25.2 and I guess that's still to be determined once we get to the next step. CHAIRPERSON WEISMAN : Yea I mean let's do one step at a time. We're not looking at a proposed house construction, we're trying to see PAT MOORE : No but you make a very good point that I want to make sure they cover everything because ultimately if they say no you need more than one house as an average you know that's all we have. CHAIRPERSON WEISMAN : You only have one. MEMBER PLANAMENTO : The other two questions that I had which the survey shows clearly a proposed well but the question is, is public water in the street or accessible? GEORGE GEORGIADIS : No it's not sir. PAT MOORE : Okay thank you cause I saw that Grattan had paid for public water to come in but and apparently it never came in. MEMBER PLANAMENTO : I know there's issues in some locations where the railroad crossings are close by so Hortons Lane I just don't know enough about that location if public whatever is even available. PAT MOORE : It if wasn't available the Health Department would have required it. MEMBER DANTES : The house next door has public water so how do you GEORGE GEORGIADIS : It's an easement, I'm sorry to interrupt. PAT MOORE : The easement is from the back from the other, there's a subdivision behind us I forget the name of the subdivision. MEMBER PLANAMENTO : The survey shows Greenfields PAT MOORE : Greenfields yea, Greenfield has public water and they must have gotten an easement in order 2,71 October 3, 2024 Regular Meeting CHAIRPERSON WEISMAN : For that lot. MEMBER PLANAIVIENTO : Would you be able to get a similar easement? GEORGE GEORGIADIS : No, I made an application to the Water Authority and the Water Authority granted the construction of a well which is not which can only really be granted according to what I understood if public water line is inaccessible. CHAIRPERSON WEISMAN : That's correct. GEORGE GEORGIADIS : They made that determination and I have that documentation. PAT MOORE : Was it a Health Department Board of review or they gave it to you as of right? GEORGE GEORGIADIS : No I had to go to the Suffolk County Water Authority and Suffolk County Water Authority made the determination and then I had to submit that to the Health Department who then approved the well water. PAT MOORE : So it's based on the water availability(inaudible). CHAIRPERSON WEISMAN : Okay look, in the interest of other hearings that we have to get to today MEMBER PLANAMENTO : One other thing just while we're all talking, the septic system is a traditional gravity fed system, are you proposing an IA system or a traditional gravity fed system? PAT MOORE : I think at the time that the application went in they probably did not need the IA system. MEMBER PLANAMENTO : The dating is I'm confused cause I don't have a Board of Health stamp or anything in my application. GEORGE GEORGIADIS : I'm sorry, could you explain to me what that is. PAT MOORE : An IA system is a nitrogen GEORGE GEORGIADIS : Oh no, I'm grandfathered in under the older system and I actually had it renewed. I'm grandfathered under the older septic system not the new if I reference it correctly the IA system and then the gentleman the supervisor over at the Health Department, he assisted me in renewing that and it's currently renewed under the old system. MEMBER PLANAMENTO : Pat maybe we can get a copy of that also, I didn't see it my application. 3 October 3, 2024 Regular Meeting CHAIRPERSON WEISMAN : Alright but again, we're looking at lot area okay. PAT MOORE : Yes, but the fact is it has Health Department approval. MEMBER PLANAMENTO : (inaudible) whether you can grant the area variances. CHAIRPERSON WEISMAN : If it's a same sized lot as other lots in the neighborhood and it was originally what was there the original subdivision then the problem they inherit if they can't do things is their problem not ours. If they can't do it to code then they're back before us when they're ready to build a house and then we can deal with that stuff. The thing to focus on right now is we need a new Notice of Disapproval so we can act upon what is really required here. Let's see what is called out in that Notice of Disapproval when they look at the two lots that you're proposing to recreate okay. Is there anybody else? I'm going to make a motion to adjourn this hearing to the Special Meeting in two weeks October 17th. Is there a second? MEMBER ACAMPORA : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye PAT MOORE : I'll go right away to the Building Department. HEARING#7948—DEAN T. KARAVAS CHAIRPERSON WEISMAN : The next application before the Board is for Dean T. Karavas #7948. This is a request for a waiver of merger petition under Article II Section 280-10A to unmerge land identified as SUM No. 1000-33-4-38 which has merged with SUM No. 1000- 33-4-39 based on the Building Inspector's May 20, 2024 amended June 13, 2024 Notice of Disapproval which states that a non-conforming lot shall merge with an adjacent conforming or non-conforming lot held in common ownership with the first lot at any time after July 1, ?L9 October 3, 2024 Regular Meeting 1983 and that non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements (minimum 40,000 sq. ft. in the R-40 Residential Zoning District) located at 750 and 850 Tasker Lane in Greenport. So now this is actually a waiver of merger. PAT MOORE : This truly is, yes. This is the ones I like, easy that I rarely get. I did want to give you and update you, when you went and inspected you probably saw that there are no sheds on the property; my client actually removed all the sheds so I have to MEMBER PLANAMENTO : Question, there's a Rubbermaid shed in the front of the lot right along Tasker Lane it's like a garbage bin, did anyone else see that? CHAIRPERSON WEISMAN : There's a large boat on the property but that's just a temporary MEMBER PLANAMENTO : I was just puzzled because you had sent a message that all the sheds were removed. PAT MOORE : I have pictures showing me there's no sheds, if there's a bin it might be just a garbage like a pick up garbage bin maybe cause I don't see it. MEMBER PLANAMENTO : It's like 4 four feet by 3 feet. It's not on the survey or anything but it is right on the it sits PAT MOORE : Probably on the right of way, I don't know where it is. MEMBER PLANAMENTO : Probably it's in front of the chain link fence. PAT MOORE : Yea it's probably in the right of way it's probably holding garbage cans for pick up. MEMBER PLANAMENTO : Yea possibly. PAT MOORE : I'm guessing if it's that size yea because the only sheds that I knew that I was dealing with is the small sheds that were showing on the survey. So, I have pictures that they provided showing the sheds are removed but honestly Betsy posted the property so I didn't see that. CHAIRPERSON WEISMAN : (inaudible) submit priors waivers of merger in that subdivision PAT MOORE : Yea I gave you CHAIRPERSON WEISMAN : So we have those. PAT MOORE : Hopefully this hearing we can catch up because it is pretty straightforward with respect to the history of the Eastern Shores is a very well established subdivision. These are October 3, 2024 Regular Meeting two separate lots on Eastern Shores and the merger occurred because grandpa was insisting that his grandson should have the property. In fact, he does they're still there. CHAIRPERSON WEISMAN : As you know we were all there we saw it. PAT MOORE : And I've given you a lot of written information on this parcel. CHAIRPERSON WEISMAN : It's never been transferred outside of the family, it's owned by the same individual and one is developed and one is undeveloped. PAT MOORE : Correct CHAIRPERSON WEISMAN : Any questions from you Nick? MEMBER PLANAMENTO : This one I have no questions. CHAIRPERSON WEISMAN : Eric MEMBER DANTES : How come it wasn't a merger by death and exempt in that regards? PAT MOORE : Cause he conveyed right before he died. MEMBER DANTES : Oh I see, okay that was my only question. CHAIRPERSON WEISMAN : Pat anything from you? MEMBER ACAMPORA : No questions. MEMBER DANTES : If they had an estate then it would have been by PAT MOORE : Right, correct. CHAIRPERSON WEISMAN : Then it would have been exempt. Is there anyone in the audience who wants to address the application? Is there anybody on Zoom Liz? Alright, 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 2,9. October 3, 2024 Regular Meeting CHAIRPERSON WEISMAN : Aye HEARING#7945—CEDARS 1883, LLC/JONAH and KATIE SONNENBORN CHAIRPERSON WEISMAN : The next application before the Board is for Cedars 1883 LLC/Jonah and Katie Sonnenborn #7945. This is a request for variances from Article IV Section 280-18 and the Building Inspector's April 29. 2024 Notice of Disapproval based on an application for a permit to legalize an "as built" habitable third story and create additional habitable third story space in an existing single-family dwelling at 1) more than the code required number of stories of two and a half, 2) less than the code required minimum front yard setback of 50 feet located at 825 Stephensons Rd. in Orient. MARGOT COFFEY : Good morning, I'm Margot Coffey I'm here on behalf of Isaac Ray Architecture here in Greenport and also our clients the homeowners Jonah and Katie. CHAIRPERSON WEISMAN : Do you want to give us a little bit of background on the house itself and what it's history was? We know it was at one point a one family, then it became a two family and now you're proposing a single-family again. What would you like us to know in support of your application? MARGOT COFFEY : I'm happy to address all five questions regarding the appeal if needed but I'd like to address the question of whether it's an undesirable change being produce to the character of the neighborhood specifically. We do have a few pieces of further supporting information that I can share today. Overall, I think it's because there's a third-floor habitable residences are very common in the immediate area, it's actually part of the kind of historic thread of the Orient historic area as well as this (inaudible). The project is in kind also with contemporaneous Victorian houses in the immediate area. I do have a list of houses that all have either pre-existing pre-C.O.'s or C.O.'s with habitable third floors that I'd love to share with you. CHAIRPERSON WEISMAN : Excellent, very good. Do you want to submit that? MARGOT COFFEY : Yes. Notably there is one on the National Historic Registry of New York, this is the 1868 Victorian house on the corner of Youngs Lane and the Main Rd. This was Senator Louis Edward's house and it also has a third floor that's pre-existing. Properties located on you'll see on what I'm submitting is within three hundred feet of our property, 22 October 3, 2024 Regular Meeting there's three other houses that have these pre-existing or existing Certificated of Occupancy. One is the adjacent house located at 500 Stephensons Rd. that has a pre-existing C of 0 for a third story. The other is very close in proximity, it's 900 Birdseye Rd., it is a pre-existing C.O. for habitable third floor with bedrooms and the final one is 100 Maple Lane it has a C.O. for finished third floor for two bedrooms. I'm also submitting you know this house has also originally and historically called lovingly The Cedars. It was owned by actually a civil was officer, his name is Colonel William Stepheson. He built the house in 1883 and it was always called the Cedars. I do have a house photo from the Orient Historical Society that shows the third-floor roof and yea just to kind of drive home this is definitely a historic part and nature of this house and this community. Also, to your point, I did want to note that there is no proposed you know change in height to this building, there is no nearby properties that will be impeded by anything we're doing here but also very significantly this is actually a two- family residence and we are going to convert that back to more of a historic nature of a one family residence as part of this. CHAIRPERSON WEISMAN : It's a very interesting house to go through. I have to say the massing of the house that you're proposing is very well done, it really is well done. It's my field too, it's complicated. MARGOT COFFEY : It is and the clients want to essentially restore the soul of the house.There was a very poor renovation in our opinion CHAIRPERSON WEISMAN :The annex building is I believe MARGOT COFFEY : That and also just the cladding of just what happened to the house after the previous owners bought it, I think the renovation was circa 2018 or around that time and so what our clients are proposing to do is just very thoughtful restoration in many ways and thoughtful additions based on their family and based on their needs and also very sensitive to the site and to their neighbors, to the history of the house and the community. I do have some renderings that I'm happy to submit as well but I think you know you're all very familiar with the project. CHAIRPERSON WEISMAN : We have enough. MARGOT COFFEY : Yes and thank you for the time you put towards it already. CHAIRPERSON WEISMAN : We've gone through it and anything from you Nick? MEMBER PLANAMENTO : Yes a couple of questions, I'll start on what you commented on most recently is that you're converting what was a single-family house that has a C of 0 as a 7_,31 October 3, 2024 Regular Meeting two family house back to a single-family residence; will you be removing the second kitchen, the kitchen that's in I guess the annex part? MARGO COFFEY : Correct, there's just going to be a small kitchenette maybe a wet bar is what we're showing and just a sink you know yea wet bar, that won't be a significant kitchen at all, no. MEMBER PLANAMENTO : Then the other questions I had, I think your husband clearly explained to me during the site inspection relative to the annex how you're proposing like a hip roof which creates more living space within the existing third floor loft but my question is where I'm not fully clear, the house has an existing Pre C of 0 for a third floor that's the section of the house I guess the south side of the house where the tower is MARGO COFFEY : Right the main historic MEMBER PLANAMENTO : The original house exactly, but I think he had said and I'm not quite sure how to read it, the plans that I'm looking at are relatively small and I've got unfortunately bad eyes are you proposing to raise the roof in certain locations. MARGOT COFFEY : Right, so the addition to the existing third floor is very minimal but there will be a small addition to that existing third floor that expands the bedroom that is already existing in that third floor. The addition is approximately a 411 sq. ft. addition to this existing third floor of the main house and that is a very thoughtful and very kind of imperceptible design move that you'll see from the exterior. It does expand the roofline of the house very slightly only to match what is existing on the other side so it matches an existing roofline. MEMBER PLANAMENTO : Is it possible you could point out or just again cause what I'm looking at unless I'm misreading it, I think I know what we're talking about but I just want to be clear. If you can just point it out if you step MARGO COFFEY : I'm not sure if this would be more helpful but I can show you is this the third floor?Just to show you what the exterior solution looks like from a what we shared with them on site and I'm happy to submit them otherwise if needed but yes if you see that roofline from the side, you'll see that the top floor of the third floor what is expanding is the to the left of that to that smaller dormer the-main house, that roofline just slightly extends outward towards the water, towards us nope towards us. So, it's already you see it already yep here and MEMBER PLANAMENTO : Between the dormer and the end the north side of the original house that one roofline is being pushed further back. 24 October 3, 2024 Regular Meeting MARGOT COFFEY : Correct and the result is that there is about five feet additional to the second floor the primary suite that you see those two doors there and there's a small space added to the third floor bedroom above it in relationship to that. MEMBER DANTES : Wait, is that dormer the (inaudible) cap is there but is that dormer (inaudible)there? MARGO COFFEY : No there is well there is but there is what will be happening is that dormer will be added and it will be matching what is existing on the other side. MEMBER PLANAMENTO : So that dormer doesn't exist presently? MARGOT COFFEY : Correct MEMBER DANTES : Okay I understand now. MARGO COFFEY : I believe let me just check that, yes. There is no dormer there it will just be moved out just slightly and it will match the dormer of the second floor as you see there just as we see in the plans. MEMBER PLANAMENTO : It would seem to me outside of the benefit of having expanded third floor living space part of this is caused by the expansion of the second floor bedroom that bumping it out I don't remember the dimensions exactly but you have to have a roof pitch that matches that new fagade. MARGOT COFFEY : Exactly, it's a very subtle thoughtful add that is just very directly in relationship and a match with the design that's in the historic Victorian aesthetic. MEMBER PLANAMENTO : Just from my interior inspection where the dormer is proposed which doesn't exist that's the unfinished sort of storage room presently the third room. MARGOT COFFEY : Correct, there is a exactly there is and they will connect now so there will be one bedroom at the top there. Just to note on that there is you know this 411 sq. ft. addition is perhaps approximately 8% of the increase of the existing third floor GFA and the total requested increase to the GFA is less than 4% than the total allowable GFA. So, just trying to reiterate that this is a very minimal add and request to the variances (inaudible). CHAIRPERSON WEISMAN : Yea it wasn't even called out in the Notice of Disapproval so it's a very skillful job. Can you let us have that?You should.have it in the original file. MARGOT COFFEY : That should be it as relevant for now. CHAIRPERSON WEISMAN : Okay, does anybody have any questions? 251 October 3, 2024 Regular Meeting MEMBER DANTES : Just that non-conforming front yard setback all the work is landward of the house and there's actually no increase in the CHAIRPERSON WEISMAN : Non-conformity. MEMBER DANTES : they're just doing a little porch on the (inaudible), nicer I guess I would say front entrance. Then the non-conforming third floor for the annex part is more of a quirk in the building code than it is a non-conforming because the way the stair levels don't align. MEMBER PLANAMENTO : One last question, are the bedroom counts changing from the existing to the future so there's no need for a new sanitary system or any MARGOT COFFEY : We are in the Health Department anyway just to make sure that we have a new IA system but MEMBER PLANAMENTO : Are you proposing a new IA system? MARGOT COFFEY : Correct, yes and that will be we're already in the Health Department. The existing bed count does not change because well the annex yea it's seven bedrooms. MEMBER PLANAMENTO :Just to be clear then your intention then is to add a new IA system? MARGOT COFFEY : Correct, (inaudible) Health Department already. CHAIRPERSON WEISMAN : If you're doing that kind of update you'd want to. Okay, anybody in the audience? 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 MEMBER DANTES : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye, we should have a decision in two weeks at our next meeting. Z October 3, 2024 Regular Meeting HEARING#7954—JOSE and JUANA SARABIA CHAIRPERSON WEISMAN : The next application before the Board is for Jose and Juana Sarabia #7954. This is a request for a variance from Article XXIII Section 280-124 and the Building Inspector's June 7, 2024 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool at 1) more than the code permitted maximum lot coverage of 20% located at 1040 Middleton Rd. in Greenport. We're looking at a corner lot, Pat what would you like us to you're proposing a lot coverage of 23.7%. PAT MOORE : Yes, I would just add additional information here just in support of our application. The lot coverage we know it does not meet the town code because town has 20% but this property is in fact only about 300 feet from the Village of Greenport. In the Village of Greenport and I have the zoning map and the zoning schedule for the Village of Greenport. In the Village of Greenport lot coverage is 30% and right on Washington Rd. is the R-1 zoning which indicates the 30% so as far as character of the neighborhood, the neighborhood is actually in the village and their lot coverage is permissible up to 30%. So, I'm just going to include that for your records, I only have one it's documented so. I think you could see that the property is very clean, very lovely really the only rear yard because it is in a corner which is private is the area that is being proposed. The pool is a very reasonable size and they had in the past an above ground pool that (inaudible) issues but the family the girls are getting older, the improvements in-ground pool would just give you know more value to the property than an above in-ground pool. CHAIRPERSON WEISMAN : Was the prior garage extension ever built? PAT MOORE : Garage extension, come on up cause I don't know the JOSE SARABIA : Hi, I'm Jose Sarabia I'm the owner of the house and yes that garage when we bought the house the garage it was there when we bought it. CHAIRPERSON WEISMAN : Okay cause I was on the Board when the garage was approved that's why I ask it was a long time ago. PAT MOORE : Everything that's there today is what you had. JOSE SARABIA : Yes CHAIRPERSON WEISMAN : I think the existing lot coverage is 16.60% is that correct? PAT MOORE : Yes 16.6 are the existing structures and the 12 x 30 pool would bring it up to 23.07%. 27. October 3, 2024 Regular Meeting CHAIRPERSON WEISMAN : Well 12 x 30 is not an enormously big pool. PAT MOORE : It's a very modest pool yes it is, correct. CHAIRPERSON WEISMAN : Also we did inspect the property, all the Board Members were out there and your back yard is pretty well screened all from view all the way, there's a solid wood fence and part of it and the others all landscaped with evergreen like a fitch laurel or something. I don't have any questions, Pat anything from you? MEMBER ACAMPORA : No questions. CHAIRPERSON WEISMAN : Eric MEMBER DANTES : No CHAIRPERSON WEISMAN : Nick MEMBER PLANAMENTO : No questions. CHAIRPERSON WEISMAN : I don't see anything you can remove to reduce the lot coverage you have a house and a garage, that's it. Okay is there anybody in the audience who wants to address the application? Anybody on Zoom Liz? Motion to close the hearing reserve decision -to a later date. MEMBER PLANAMENTO : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye October 3, 2024 Regular Meeting HEARING#7847 SE—HARBES ESTATE, LLC, MONICA and EDWARD HARBES CHAIRPERSON WEISMAN : The next application before the Board is for Harbes Estate, LLC, Monica and Edward Harbes #7847SE. Applicants request a Special Exception under Article III Section 280-13B(14). The applicants are the owners requesting authorization to establish an accessory bed and breakfast accessory and incidental to the residential occupancy in this single-,family dwelling with one (1) bedroom for lodging and serving of breakfast to the bed and breakfast casual transient roomers located at 715 Hallock Lane in Mattituck. DR. MORREALE : Good morning, I'm Dr. Morreale, Dom Morreale and I'll be representing the family today. Mr. Harbes was here a little while ago but unfortunately, he took a fall coming out of the bathroom and he's now heading for Long Island Hospital. CHAIRPERSON WEISMAN : Oh I'm so sorry. DR. MORREALE : At the same time I am in power to CHAIRPERSON WEISMAN : Give him our best would you? DR. MORREALE : I certainly will. CHAIRPERSON WEISMAN : So we've all inspected the area in question the proposed bedroom, it's a one bedroom it's really an apartment and it's not exactly a room a bedroom so you know exactly why do they want to be doing this? We know them well; we know the history and it's really an apartment. It's typically a bed and breakfast there's a room in somebody's home that they want to rent out to a transient DR. MORREALE : But it goes along with the rest of the house,there is nothing small about that house. It is a beautifully built house that has many bedrooms and one of the things that the Harbes family is well known for is hospitality, their whole business is based on hospitality and they enjoy having people visit and they enjoy having people come to their house. Mr. Harbes wanted to speak to that issue himself but unfortunately again he can't be here but if you think about it even the Harbes farms that is an agritourism business that is focused on hospitality really. They welcome people and they're looking forward to having guests stay at their house, they're excited about it to be honest. CHAIRPERSON WEISMAN : I just want to make sure that you convey to them so that they know that if a bed and breakfast is established then they cannot establish an accessory apartment either in an accessory structure DR. MORREALE : We have gone over that very thoroughly. 2-9 October 3, 2024 Regular Meeting CHAIRPERSON WEISMAN : This is not transferrable to new owners, not that we anticipate them selling their house and leaving but I just want to make sure the record is straight on that. DR. MORREALE : Those issues have been gone over with the family and they are totally accepting. MEMBER DANTES : I believe you can't get a rental permit to rent your house. CHAIRPERSON WEISMAN :That's correct. DR. MORREALE : They understand that also, it's all written in the statutes that you submitted and that we read through and we went over everything that you provided so thank you. T. A. MCGIVNEY : Will the guests have access to the pool? DR. MORREALE : No, there are certain limitations because insurance problems. CHAIRPERSON WEISMAN : No access to pool, so I guess this would be for one or more nights I mean it's a B&B usually sometimes on the weekend it's a two night minimum or whatever but there's nothing in the code that says how many nights. DR. MORREALE : But they do anticipate using it on weekends and it will include tours of the farm. CHAIRPERSON WEISMAN : Typically if somebody is at a B&B it's usually one or possibly a couple, two people in there; this is set up for possibly more than that if they're expecting do they expect families to be staying there? DR. MORREALE : No not really. CHAIRPERSON WEISMAN :Just like couples or DR. MORREALE : We anticipate couples, maybe one child but if you think about it you can't go beyond that even though it's a bedroom and it does have a living quarters outside of that sort of a living room we don't have any anticipation of expanding that. CHAIRPERSON WEISMAN : We see that there's kind of like a wet bar area, it's a microwave, it's like a little kitchenette it's not a full kitchen and it also is connected to the interior of the Harbes family home by a door and it's own private entrance. Alright, I mean there's not much else we can say, there's plenty of parking and we know where they live. Anything from you Pat? 30 October 3, 2024 Regular Meeting MEMBER ACAMPORA : No CHAIRPERSON WEISMAN : Eric MEMBER DANTES : No CHAIRPERSON WEISMAN : Me either, okay motion to close the hearing reserve decision to a later date. MEMBER PLANAMENTO : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye DR. MORREALE :Thank you and have a wonderful day. CHAIRPERSON WEISMAN : Resolution for the next Regular Meeting with Public Hearings to be held Thursday, November 7, 2024 at 9:00 AM. MEMBER ACAMPORA : Second 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 September 19, 2024 so moved. MEMBER PLANAMENTO : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye 3� October 3, 2024 Regular Meeting MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN Aye. Motion to recess for lunch. MEMBER ACAMPORA : Second CHAIRPERSON WEISMAN : All in favor? CHAIRPERSON WEISMAN : Motion to open the meeting of the Zoning Board of Appeals. MEMBER PLANAMENTO : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye before we get started the first hearing I do want to announce for those on Zoom and for anyone that is here in the audience North Rd. Hotel and Hotel Moraine the hearing this afternoon, we are going to have to adjourn both of those application for Hotel Moraine again. We will hear that in November because we are still waiting for comments from the Planning Board that we are required to have to continue with our deliberations so I'm going to make a motion to adjourn North Rd. Hotel, LLC/Hotel Moraine #7927SE and #7953 to the Regular Meeting on November 7, 2024. MEMBER ACAMPORA : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye 3Z October 3, 2024 Regular Meeting HEARING#7952— MICHELE GLOVER CHAIRPERSON WEISMAN : The next application before the Board is for Michele Glover#7952. This is a request for variances from Article XXIII Section 280-124 and the Building Inspector's June 13, 2024 amended June 20, 2024 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition) and reconstruct a single-family dwelling at 1) less than the code required minimum front yard setback of 35 feet, 2) less than the code required minimum combined side yard setback of 25 feet, 3) more than the code permitted maximum lot coverage of 20% located at 1300 Bailie Beach Rd. in Mattituck. ANTHONY PORTILLO : Good afternoon Board, Anthony Portillo AMP Architecture. CHAIRPERSON WEISMAN : So we're looking at a front yard setback at 11 feet where the code requires 35 minimum, combined side yard setback at 16.8 feet where the code requires a minimum of 25 feet and lot coverage of 24.3% where the code permits a maximum of 20%. Is that all accurate Anthony? ANTHONY PORTILLO : Yes that's accurate. If we take a look at the existing structure, we are not asking for any more than what's presented here or what's already existing. We are adding to the rear of the home but because on,the one side yard because of the sloping or the angle of the lot line it's actually a decrease in non-conformancy from 2.4 to 3.1 feet. I think on the right side of the property it's a similar situation so really on the side yard request I don't think we really requesting anything that's more than what's already there. The front yard I provided a diagram to the Board but we took a look around on Bailie Beach Rd. and we saw that there 1 were a lot of homes you know these cottages basically that are on that road they all have a front yard setback issues. One thing to mention about this property and these other properties is they actually drive up a right of way road to the back of the houses and they don't park behind their houses so it's a little bit odd because they're not really like pulling up to their front of their house that's on Bailie Beach. CHAIRPERSON WEISMAN : Yea I was going to ask about that cause I saw this large open area and clearly like a dirt road coming off of someplace which was more of a main road and I saw a lot of cars parked back there on other people's properties so I was wondering I said now how in the world are you going to get a car back there when there's a major tree in the side yard?Then I went to the back yard. ANTHONY PORTILLO : As you can see on our site plan we also are kind of showing where the parking would be and let's say in the rear yard but it kind of in reality it's almost their front yard cause that's how they pull in to their property. The front deck is existing so we're actually not making it any larger but it is considered a reconstruction by code so that deck is 331 October 3, 2024 Regular Meeting coming up as an issue for the front yard setback. It is just a deck that is creating the setback on the front yard it's not the house.The house is actually 22.8 feet from the front yard. CHAIRPERSON WEISMAN : Is there anything else you want to tell us? ANTHONY PORTILLO : I would also just mention that we're not over GFA, it is just a ranch house so I think it's a really modest design in that sense and I believe CHAIRPERSON WEISMAN : The existing lot coverage is 18.6%? ANTHONY PORTILLO : Yes CHAIRPERSON WEISMAN : So you're now up to 24.3%? ANTHONY PORTILLO : Yea, so again these are small lots in that area, again these sort of summer cottages in the past and again I think it's a modest addition but it does bring us over lot coverage. We're not really exceeding any GFA requirements, I think pretty under GFA if you look at our table. MEMBER DANTES : You have 1,060 sq.ft. of habitable space and then ANTHONY PORTILLO : Our proposed gross is 1,128, we're allowed up to 2,100 so we are really under that GFA allotment. Part of the reason for extending back and keeping it a ranch style is the plan is to get older in this home for the client for Ms. Glover so she really doesn't want to have a second story and it's just to get enough square footage again if you look at the floor plans, I really think it's not a big home it's a two-bedroom, one bathroom kind of an open living concept. That deck in the front is really her outdoor space because all the parking everything is happening in the back it kind of gets that view of the wetlands in the front and I think that's common again on this road on how they're living. MEMBER DANTES : I understand why is there 68 more sq. ft. of floor area or GFA versus habitable space?What's the difference in the definitions? ANTHONY PORTILLO : I would think the covered porch I think is what's probably kicking us over adding to the GFA on the side cause I believe once you're over I believe it's 3 feet covered it gets calculated in your GFA. Once that overhang exceeds three feet you have to add it to the GFA. MEMBER DANTES : Oh okay. CHAIRPERSON WEISMAN : Alright let's see if the Board has any questions, Nick anything from you? 34 October 3, 2024 Regular Meeting MEMBER PLANAMENTO : Two questions, one do you have any examples of prior relief for over 20% lot coverage for other properties or homes in the immediate vicinity? ANTHONY PORTILLO : I believe I do. I don't think I do I mean I could possibly look for some. MEMBER PLANAMENTO : Yea maybe if you share some I think that would be beneficial to have. The other question I wanted to ask is, are you updating or installing a new septic system? ANTHONY PORTILLO : We are and we do have approval actually from the Health Department. CHAIRPERSON WEISMAN : I/A? ANTHONY PORTILLO : I/A system yes, correct. MEMBER PLANAMENTO : Can you provide us with that copy of the permit? ANTHONY PORTILLO : Sure, not a problem. CHAIRPERSON WEISMAN : Pat any questions? MEMBER ACAMPORA : Nick just asked them. CHAIRPERSON WEISMAN : Anything from you Eric? MEMBER DANTES : No CHAIRPERSON WEISMAN : Anyone in the audience wishing to address the application? Is there anybody on Zoom? It looks like Brooke is on there. ANTHONY PORTILLO : She likes to listen. CHAIRPERSON WEISMAN : Motion to close the hearing reserve decision MEMBER PLANAMENTO : Leslie I think the people in the back might want to say something. CHAIRPERSON WEISMAN : They're the next application. MEMBER PLANAMENTO : Leslie we had asked for priors from Anthony, he's going to do some research. CHAIRPERSON WEISMAN : Yep I'm going to close subject to receipt of any prior ZBA determinations for lot coverage in the area and the submission of the Health Department approval for the I/A system. Is there a second? 351 October 3, 2024 Regular Meeting MEMBER ACAMPORA : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye HEARING#7950—225 OAK ROAD, LLC/PAT MCAULIFFE CHAIRPERSON WEISMAN : The next application before the Board is for 225 Oak Rd. LLC/Pat McAuliffe #7950. This is a request for variances from Article XXIII Section 280-124, Article XXXVI Section 280-207A(1) (b), Article XXXVI Section 280-208A and the Building Inspector's June 7, 2024 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition) and reconstruct a single-family dwelling and construct an accessory in- ground swimming pool at 1) less than the code required minimum front yard setback of 35 feet, 2) less than the code required minimum side yard setback of 10 feet, 3) more than the code permitted maximum lot coverage of 20%, 4) gross floor area exceeding the permitted maximum square footage for lot containing up to 20,000 sq. ft. in area, 5) the construction exceeds the permitted sky plane as defined in Article I Section 280-4 of the Town Code located at 225 Oak Rd. in New Suffolk. ANTHONY PORTILLO : First, Leslie I believe we actually removed the garage and took out the we didn't have the GFA relief required anymore. CHAIRPERSON WEISMAN : Yea there's an amended one of September 20th which ANTHONY PORTILLO : We did a carport. CHAIRPERSON WEISMAN : Yea which (inaudible) get into this Legal Notice that I just read so you're looking at a front yard setback at 28 feet let me just review this with you, instead of the 35 minimum, side yard setback of 5.8 instead of the 10 foot minimum, lot coverage 25.8% instead of the maximum of 20% and then sky plane intrusion. So, we removed the GFA. 361 October 3, 2024 Regular Meeting ANTHONY PORTILLO : Yes, so I first want to start by saying that there is an existing building here and it's being deemed reconstruction by town code definition and what we're proposing for all of the bulk restrictions obviously not the lot coverage which I'll get into lot coverage but all of the other bulk restrictions are existing are actually worse than what we're proposing. Again, because of the lot line the starting at the left lot line the east lot line I'm sorry the west lot line we're at 5.9 existing and then what I proposed is 5.8. We're in line with the building on that addition it's just that the lot has a little bit of a skew to it the line itself so it makes it 5.8 proposed instead of the existing 5.9. On the other side existing is 18.5 and we're proposing 21.2 so we're actually decreasing that non-conformance. I think we're coming a lot closer in being in conformance on that side, actually we're in conformance apologize. It's really just the west side that we're getting a little bit larger but it's only because I think the lot line is skewed. The front relief requested, we are in line with the existing building, we're not increasing non-conformance on the front yard so that in my mind we're not really adding anything that's not already there essentially. That really is for the bulk restrictions in just (inaudible) with the pyramid the building itself is not outside of the pyramid setback, it's actually just that chimney that's sticking up on the side that's creating the non-conformance. CHAIRPERSON WEISMAN : With the sky plane. ANTHONY PORTILLO : That's correct and that cricket that we need at the chimney so it's not the shape of the building actually is what's creating the non-conformance of the sky plane. I provided the Board with so we did we actually went out and tried to do a little bit more research on lot coverage. Again, it's New Suffolk so we know the area has very small lots, houses that are overloading those lots we weren't able to find anything that was approved by ZBA I'm imagining because these houses were built so long ago so we actually just did more of a graphic of going around and looking at nearby lots and we provided to the Board that you can see there's a lot of homes there in that area that are exceeding lot coverage currently some of them more than what we're asking. I think we're actually more in the lower average of these homes that I show the Board. The house itself isn't actually what's creating our lot coverage issue it's the addition of the pool in the rear which the pool is in compliance with all of our setback it's just more of its taking up the lot. So, that's kind of the answers to those issues. In my mind I don't think it's outside of what's going on in the neighborhood in regards to what's existing and I do think that this design fits the lot pretty nicely in regards to you know not hitting pyramid and things like that even though I know the chimney does on the one side. Again, pretty modest I don't think there's not a lot of bedrooms, we are putting in a new I/A system. We were able to get rid of the GFA relief by making it into a carport which I thought was clever and also you know the homeowner is not getting a garage which she's okay with cause we don't want to have more reliefs than necessary. October 3, 2024 Regular Meeting MEMBER PLANAMENTO : If I could ask my fellow Board Members for clarification, why would a garage be construed as being easily converted to future living space therefore counts against the GFA versus a carport without a clear structure around it? CHAIRPERSON WEISMAN : I guess it's a degree of enclosure. ANTHONY PORTILLO : Yea so basically the way we define a carport, when you define a carport in the code and a garage, a carport has to be open. CHAIRPERSON WEISMAN : On the sides, it's not enclosed space. ANTHONY PORTILLO : It's like an overhang. CHAIRPERSON WEISMAN : It's roofed but it's not MEMBER PLANAMENTO : So I guess the rational being with a traditional garage it's fully enclosed even though you have a garage door somebody can build a false wall behind the garage door and condition it ANTHONY PORTILLO : And you have a wall on the side. MEMBER PLANAMENTO : and turned it into a Florida room or something in theory a passerby would notice. MEMBER DANTES : Even that, how many garages are used as garages and how many they make them into fancy garages and then it's heated, it's cooled and it's part of the living area of the house. That's the thinking cause if you really look at the code of what you can do with an attached garage versus the uses of an unattached garage. CHAIRPERSON WEISMAN : They're different. MEMBER PLANAMENTO : (inaudible) porch content because porches are not included so even though they're roofed over with a railing like in the earlier application last month it requires an effort to close it. ANTHONY PORTILLO : The Building Department agreed with our definition of garage and carport and this wouldn't be included in GFA. CHAIRPERSON WEISMAN : Fair enough. Okay, anything from you Pat? MEMBER ACAMPORA : No CHAIRPERSON WEISMAN : Eric? 3& October 3, 2024 Regular Meeting MEMBER DANTES : No ANTHONY PORTILLO : Just for the record, if it was a garage and he did want to make it livable space he should get a variance right? I mean just like in this case if he wanted to wall this in CHAIRPERSON WEISMAN : If he wanted to do it legally sure. That's what the informed individual would do, I didn't know is the three famous words,the other is I bought it that way. ANTHONY PORTILLO : Which is true sometimes. CHAIRPERSON WEISMAN : Which is sometimes absolutely true. Would you like to make your comments now? CAROL DINDA : Carol Dinda and we are the neighbors of this piece of property was owned by a Mr. VanRamsey until he passed away in 2016 at age of 102. So, the house and the property have really good bones. He was a wonderful, wonderful man and he was just a wonderful man. Our understanding we did not know anything about the carport and I've studied these plans pretty much the past two weeks that we've had them. I was expecting to 'see that front view with the garage on the right-hand side. CHAIRPERSON WEISMAN : He submitted some amended plans is that right Anthony? CAROL DINDA : I guess they were never sent out to the neighbors? ANTHONY PORTILLO : It was submitted about a week ago. CHAIRPERSON WEISMAN :Just recently they changed the design to eliminate the garage. CAROL DINDA : That we didn't get, we had gotten the old I'm trying to think what the date was on this. CHAIRPERSON WEISMAN : You probably got the original. CAROL DINDA : Probably ANTHONY PORTILLO : We submitted to the Building Department and got a revised denial letter to remove the GFA relief required. CAROL DINDA : We know and had been under the understanding that the lot was very much overbuild but that was in the ages those houses were built then. Our biggest concern is that the side yards, the side yards my understanding are supposed to be 10 feet on either side; with the way the home is presented now and the proposal is 21.2 on one side and the other side at some point is 5.8 and 6.4 and that doesn't include what I think is going to be a chimney 391 October 3, 2024 Regular Meeting that's going to be sticking out from that side. So that 5.8 side yard is even going to be a little bit smaller. My question is or my hope is that since the home is being demolished and there is ample space on the right-hand side, I know I'm supposed to use east and west but I'm not good with the east and west, whether the home could actually be repositioned on that lot over so that we would not be 5.8 feet away from the side of their home. CHAIRPERSON WEISMAN : Okay I'll have the architect answer that but this is a different, when somebody takes a house down totally that's what we used to think of as a demolition but what this is CAROL DINDA : Yea CHAIRPERSON WEISMAN : That's what everybody thinks, I mean it's gone. This is called a demolition per town code definition. In other words, the town says, if you're going to take away more than fifty percent of the existing value of the home then it's considered a technical demolition even though you may still be using the same foundation, you may still be using several of the walls the house is basically staying where it is and you're doing so much renovation that it's called a technical 'demolition cause you're removing so much reconstructing and all of that. Would you like to add anything to that Anthony? ANTHONY,PORTILLO : I would just want to be sure that it's clear that that portion that is the closer portion of the property line the height of the building isn't changing, it's a pretty tall gable. CAROL DINDA : I'm not questioning the height at all, in fact I think the gable is moving over to the other side. ANTHONY PORTILLO : We're having a gable on yea that's it, that's basically the new portion which is aligned with there's like a rear bedroom that we're aligning it with that and then this front portion is mostly existing and we're just adding behind it and we're aligned with what's there. So, to go back to what Leslie said, we're not demoing that building, we're keeping that building and basically working inside. Then we're keeping that main portion of the structure, that part on the right is an addition and then in the rear there's like a one-story portion which we're keeping as well we're not tearing that down. CAROL DINDA : I've been in the house before. ANTHONY PORTILLO : I'm just explaining what our proposal is. CAROL DINDA : My whole heart was focused on trying to get us a little bit more space than 5.6 feet away from the fence. 40 October 3, 2024 Regular Meeting CHAIRPERSON WEISMAN : If he was taking that down entirely that would certainly be the case. CAROL DINDA : It's a matter of semantics with me not understanding that it's not a total demolition CHAIRPERSON WEISMAN : Of course. CAROL DINDA : which is totally disappointing. Also, is it possible for us to get new plans now that the garage is not going to be where it's going to be? CHAIRPERSON WEISMAN : You can FOIL it, you can get a copy from our office. MEMBER DANTES : You can have my copy. CAROL DINDA : Okay, thank you. ANTHONY PORTILLO : Just to be clear about what was changed, nothing really in regards to the overall mass of the building or the structure. It's not a garage, we're taking a wall out and we're taking the garage door off so it's really just going to have a column and it'll just be open so you can pull in and park underneath shelter of some sort. CAROL DINDA : That's again when I looked at the plans and the drawings I like what you're doing. There's been so many changes as I'm sure you all know in New Suffolk where we were told that you wouldn't even notice it from the street and CHAIRPERSON WEISMAN : And you noticed it big time. CAROL DINDA : A mile away I can see this home from my driveway. CHAIRPERSON WEISMAN : We've noticed the same thing. CAROL DINDA : I'm sure you have but my whole question was if it was possible to somehow expand our side yards but it doesn't seem like that, not the side yards but just the one side yard. JACK EMERY : Jack Emery, 3050 Grathwohl how close is the swimming pool to the property line when you get back in the back yard, is that 5.9 also? ANTHONY PORTILLO : It's 11.2 feet. JACK EMERTY : Okay, thank you. CHAIRPERSON WEISMAN : And that is conforming to the code for an accessory structure. 4:1 October 3, 2024 Regular Meeting CAROL DINDA : Okay, that basically was my wish. Do you need this back? MEMBER DANTES : No you can keep it. ANTHONY PORTILLO : If you have any questions feel free to call my office. CAROL DINDA : I have to tell you, the happiest day in our life when we renovated our house which was right up against there is when they delivered the porta poties for our lawn you have no idea. I know pools bring noise but it's usually fun noise and family noise. JACK EMERY : House is very close to us by Grathwohl also with a swimming pool and a little cottage and a pool house and I'll be aware of it. CHAIRPERSON WEISMAN : Did you have anything back there that you want to say? JOANNE VITIELLO : I'm Joanne Vitiello I live on Oak across the street and two houses down, 430. 1 also knew Mr. Ramsey and I have been in that house and I was happy to see that the plans kind of look a lot like the house now. I was just concerned with the sky plane and I don't know I'm not familiar with reading plans so when I look at that and I look over the carport it looks higher than the chimney so am I not seeing it? MEMBER PLANAMENTO : That's not the sky plane. CHAIRPERSON WEISMAN : The sky plane is on the chimney side. Sky plane basically is like a pyramid law. It says the higher up you go the farther away from the side yard it needs to be so that you're not encroaching. You can imagine, if something is really close to your house, you're here they're there, they're going up higher in the same place it's going to cast a much bigger shadow onto your property that way. The idea is to set it back and all that's in the sky plane sometimes like a big hunk of a roof is going to be in another story. In this case its part of the chimney so that's really not going to do anything different than what's already there now. MEMBER PLANAMENTO : Just for a point of clarification, the chimney that penetration the sky plane is outside of the code anyway isn't it? Chimneys are permitted. CHAIRPERSON WEISMAN : I agree, (inaudible) the corner of the roof? ANTHONY PORTILLO : I think it's the cricket. CHAIRPERSON WEISMAN : That tiny thing. ANTHONY PORTILLO : I think it's just the cricket that she's 4 . October 3, 2024 Regular Meeting MEMBER PLANAMENTO : Looking at the floor plan, looking at the fagade right now the second story windows are called an attic over the front bedroom so that's an attic area no, no I'm sorry Donna that one. That's an attic on the floor plan and then above the living room where the fireplace is, is a vaulted ceiling. The question would be, why do you need the cricket the roof to extend? I mean I think it's a negligible it's a design choice perhaps it's maybe (inaudible) ANTHONY PORTILLO : (inaudible) back the chimney so the water doesn't sit at the chimney it's just CHAIRPERSON WEISMAN : You'd be making a valley down that would be going down ANTHONY PORTILLO : To get the water away from MEMBER PLANAMENTO : No but I thought there's more of roof than just a cricket so ANTHONY PORTILLO : Let me look at that. MEMBER PLANAMENTO : I don't remember if there's a roof plan. CHAIRPERSON WEISMAN : Do you see what he's talking about? This little corner, this little piece where that arrow is, that's a little tiny piece between the chimney and the rest of the roof okay and it's essentially to control water drainage. MEMBER DANTES : Could ZBA (inaudible) then you can kind of see where the cricket is versus what the rest of the roof looks like. ANTHONY PORTILLO : You're right, it should be on the rear elevation which I can update. MEMBER PLANAMENTO : On the north elevation it's not there. ANTHONY PORTILLO : I need to show that on the rear elevation. CHAIRPERSON WEISMAN : (inaudible) you wouldn't even see it, it's behind the (inaudible). MEMBER PLANAMENTO : I wasn't sure if it was part of the roof when you look at the west elevation where the roofs come together. ANTHONY PORTILLO : We just aligned it with the ridge line. CHAIRPERSON WEISMAN : Just for visual. You see that void over there yea it's just filled in for water control. 431 October 3, 2024 Regular Meeting ANTHONY PORTILLO : I can add that. That height of that gable is existing, we're not changing anything which the reason we're good there is we're further away from the property line. MEMBER PLANAMENTO : You have a bigger side yard. ANTHONY PORTILLO : Yea we have a bigger side yard, we're able to meet the sky plane. CHAIRPERSON WEISMAN : Okay it all makes sense. Are you clear on that now? JOANNE VITIELLO : I am, I just want to make sure the garage side is flipping, so the house is going to be most of the house will be on the garage side and then that carport will be on the opposite side right? ANTHONY PORTILLO : The existing house you go into the garage and it's like a twenty foot tall garage space so that's why we flipped it because it made more sense to make that living space. JOANNE VITIELLO : My last thing is, I don't know if this is if I ask you guys, I just was concerned with how long of a project this might be cause a lot of people are always working and everything and I just was curious like with the noise. CHAIRPERSON WEISMAN : That's hard to predict, I mean it depends on the weather, it depends construction is construction it's a pain in the neck. Sometimes I wonder how anybody endures anything being built including my own house. ANTHONY PORTILLO : I make this statement that I believe the permit is good for eighteen months and then you can renew up to five years. CHAIRPERSON WEISMAN : Don't scare them. ANTHONY PORTILLO : If we are to build it I would say eight to ten months. MEMBER DANTES :Today you got a long shoreman's strike. CHAIRPERSON WEIMSMAN : Obviously everybody wants to get things built as fast as they can because it costs money, delays are money and supplies go up. Anthony does a lot of building so I'm sure he'll do it as quickly as is possible but you just can't tell when you're building something the weather plays such a huge role. If you get a big rainy mess now indoor stuff, they can do they can carry on if something JACK EMORY : Inaudible CHAIRPERSON WEISMAN : Oh I think I know which one you're talking about too. 441 October 3, 2024 Regular Meeting JACK EMERY : (inaudible) twenty to thirty cars parked for the last three weeks working on this house (inaudible). JOANNE VITIELLO : So when is this scheduled to work like if this gets approved then it starts right away? CHAIRPERSON WEISMAN : We will have a decision on this here's how the process works, we're going to close this hearing cause there's no reason not to we have all except we're going to get priors no not on this one. MEMBER PLANAMENTO : I just want to ask them to review what's in the packet. CHAIRPERSON WEISMAN : Okay we'll do that in a sec, I'm just going to explain the process. We're finished with this today, that's the end of the public hearing and we've got all the information we need so we don't accept anymore information. If it's closed it's done. Like if there was twenty people here that couldn't make it and really, really wanted to say something I'd probably hold it open to the next meeting so that they can provide written comments but that is not the case here. So, we're just going to close this and then what's going to happen is, we will prepare a draft decision you know our decisions are all written and then the Board will review it and then we will deliberate before the public two weeks from now over in the other building upstairs we have our Special Meeting and that's when we make decisions about things, we've had public hearings on. We have sixty-two days in which to render a decision, we almost never take that unless something is really complicated and it takes a long time to put the draft together because there's so many details but I don't anticipate that being a problem so once we have a decision that goes right to the Building Department, it goes to the applicant, it's available for you to look at. You can attend or listen in on Zoom to that meeting, you can listen to us talking about it so you'll know what decision or you can call the office the next day. Once that's done, I go in, I sign it, they send it to the Town Clerk that legalizes it, they take that to the Building Department they get their building permit and then they start setting up for construction. So, it's not going to take that long altogether I don't think. I know building is pretty busy but I don't know how long it's going to take for you to get your permit it might take a couple of weeks maybe at most and then he'll schedule the construction to start. JOANNE VITIELLO :Thank you very much. ANTHONY PORTILLO : It could be as soon as this winter. MEMBER PLANAMENTO : So, Anthony maybe you just want to review the priors the examples of prior relief for lot coverage. 4. October 3, 2024 Regular Meeting ANTHONY PORTILLO : As I mentioned I actually don't have any prior reliefs so what I did is more of an analysis by going on to tax maps and I provided that to the Board. Basically, I looked at lots that were close and you know we're seeing that they're really in line with what we're asking a lot actually being even over. I have a copy of it here if you nearby lot coverage analysis. CHAIRPERSON WEISMAN : Nick do you have that? ANTHONY PORTILLO : New Suffolk Rd., I have on Fourth St., Main St. and Main St. I'm looking at what I'm looking at what I did was look at similar size lots in the area that (inaudible). BROOKE EPPERSON : Hi, we do have priors with this one. We handed in prior approvals for setback relief on this one. ANTHONY PORTILLO : Oh I'm sorry, yes. CHAIRPERSON WEISMAN : For setbacks yea we got that, we were talking about lot coverage. BROOKE EPPERSON : Okay I just wanted to make sure that you saw the other ones. ANTHONY PORTILLO : That's Brooke Epperson from AMP Architecture. MEMBER PLANAMENTO : Anthony you're putting in a new septic system too as I understand. ANTHONY PORTILLO : That's correct yep and we have approval on that, it's in the front yard. The existing was an old cesspool so I mean that's a really good thing that we're doing. It was basically leaching into the rear yard pretty much failed. CHAIRPERSON WEISMAN : Anything else Nick? MEMBER PLANAMENTO : No CHAIRPERSON WEISMAN : Eric, Pat? MEMBER ACAMPORA : No CHAIRPERSON WEISMAN : I'm going to make a motion to close the hearing it's not subject to receipt we got everything we need, close the hearing reserve decision to a later date. Is there a second? MEMBER ACAMPORA : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye 46 October 3, 2024 Regular Meeting MEMBER DANTES : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye. Motion to close the meeting. MEMBER PLANAMENTO : Second CHAIRPERSON WEISMAN : All in favor? MEMBER ACAMPORA : Aye MEMBER DANTES : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye 4,71 October 3, 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 : October 10, 2023 481