Riverhead Town Meeting Transcripts

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February 8, 2024 — Zoning Board of Appeals

Zoning Board Meeting
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0:00Thank you.
0:30Thank you.
1:00Thank you.
1:30All right.
1:31Welcome, everyone, to the February 8, 2024 Zoning Board of Appeals meeting.
1:38We had a beautiful day out there today.
1:40We had some sunshine, so I hope we have a sunny day inside.
1:45Tracy, you want to start with the administrative stuff on the appeals?
1:49Sure.
1:50We have three appeals that are going to be reopened, the first one being Appeal 2023-057,
1:56Bapa Realty, 1352 East Main Street.
2:00Riverhead.
2:00The appeal will be reopened due to change in nature of relief and will be heard on February
2:0622nd.
2:06Okay.
2:07We're going to...
2:08So moved.
2:09Second.
2:10All in favor?
2:11Aye.
2:12Aye.
2:12Aye.
2:13Mr. Barnes?
2:14Okay.
2:15Okay.
2:16Aye.
2:164-0.
2:17The next will be Megan Carrick, 118 Northside Road, Wading River, request to reopen appeal
2:24number 2023-052 set for the February 2nd...
2:30February 22nd, 2024 hearing.
2:32So moved.
2:33Second.
2:34All right.
2:34Mr. Barnes?
2:37Aye.
2:38Godzilla?
2:38Aye.
2:39Was...
2:40Was...
2:40Zaweski.
2:41Zaweski, yes.
2:42Aye.
2:43Aye.
2:43And I vote aye, so that's been granted.
2:45Or moved.
2:47Go ahead.
2:47Okay.
2:48And the last one is Patrick McWard, 1501 Beconic Bay Boulevard, Laurel, request to
2:54reopen appeal number 2021-018.
2:58Also set for February 22nd.
3:002024 hearing.
3:01So moved.
3:01Second.
3:02All right.
3:02Mr. Barnes?
3:05Aye.
3:05Mr. Zaweski?
3:06Aye.
3:06Mr. Godzilla?
3:07Aye.
3:08And I vote aye.
3:09So that has also been reopened.
3:13Okay.
3:14And our first appeal tonight is appeal 2024-002, Amy Whitcup, 42 Julia's Way, Wading River,
3:21Suffolk County tax map number 600-57-1-7.52.
3:28Residents...
3:30B80 or B80 zoning.
3:31Proposed in-ground pool, 36 feet by 16 feet.
3:35Applicant request variances to and or relief from chapter 301-21A1C, where proposed rear
3:42yard accessory setback, 16 feet minimum required is 20 feet.
3:47And this will be adjourned to February 22nd due to the failure to meet mailing requirements.
3:54So moved.
3:55Go ahead.
3:55Second.
3:56Mr. Barnes?
3:58Aye.
3:59Mr. Zaweski?
4:00Aye.
4:00Mr. Godzilla?
4:01Aye.
4:02And I vote aye.
4:04Okay.
4:05And then we have appeal 2024-004, Church of the Harvest, 572 Ringer Avenue, Riverhead,
4:13Suffolk County tax map number 600-123-1-27.
4:19Residents A40 or A40 zoning.
4:22Proposed accessory building.
4:23Applicant request variances and or relief from chapter 301-9A1C.
4:29Where proposed side yard setback for accessory building is 4.2 feet, minimum required is
4:3420 feet.
4:35And 301-11, where proposed pervious surface coverage is 55.4% and the maximum permitted
4:43is 15.5.
4:47Rob, have you been sworn in?
4:49Not on this application, no.
4:51Okay.
4:51Please raise your right hand.
4:53I solemnly swear to tell the truth, the whole truth, nothing but the truth, so help you
4:56God.
4:57I do.
4:57Please state your name and address.
4:59Robert Stromsky.
5:00I reside at 44 Circle Drive in Jamesport, New York.
5:04I'm acting as the architect for the applicant, Church of the Harvest.
5:09What we have here is we have a proposed pre-engineered metal building, 15 by 36, to be placed in
5:19the rear yard with a side yard setback as proposed due to the need for a new building.
5:29Really, if you notice, there is a space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space
5:59And the placement of the building is to try and utilize that existing turnaround.
6:06And from what I understand, this is going to be an unconditioned building with no plumbing, no water,
6:13and that it's just going to be used for the storage of goods for their food pantry service that they operate within the organization.
6:23I do have the affidavit of posting.
6:25I have the photographs of when the sign was put up and also today, and then the green cards from the mailings.
6:34The project has been presented to the Architecture Review Board as part of our site plan application.
6:42They had no objections to the way the building was presented.
6:48And right now, we're just still in the site plan application phase.
6:55Pending.
6:55Pending the outcome of this application here before we can move forward with that application.
7:02If the board has any questions or if there's any questions or comments from the public, I'd be more than happy to address them.
7:08So I have several questions.
7:11I did a search of the records, and I did not locate an easement for utilization or access through the Riverhead Sewer District property.
7:21I met with the sewer district superintendent.
7:25And he had no knowledge of any existing agreement, formal agreement to utilize the property.
7:33As it's municipal property, that would be required.
7:38In addition, it's my understanding that the church also utilizes, which is not depicted in this diagram,
7:51the front portion of the sewer district parking.
7:55And that's the property for parking for the parishioners.
8:01Is that correct?
8:03I wouldn't know about that.
8:05We have somebody from the representative from the church that might be able to answer those questions.
8:11Because that would require a license agreement.
8:14Utilization of any portion of the property for ingress and egress would also require an easement.
8:23Also, in going through the property, we have a lot of questions about the property.
8:25Really?
8:27The dimensions depicted on this plan differ from the previous surveys for the existing
8:37structures on the property done by Howard Young and the Zoning Board of Appeals would
8:43want that corrected and to conform to that.
8:47So you're saying that the as-built survey here is incorrect?
8:52According to the building department records, and if you take a look, there are surveys
8:59going back to 2011 and later that reflect different side yards.
9:10Okay.
9:12I would have to ask the surveyor, you know, I would imagine that this field survey was
9:20completed November 9th.
9:22Okay.
9:22Okay.
9:22So I believe this map was prepared as an as-built.
9:26So if there is any conflicting things, I don't know if that means that something needs to
9:31be legalized or...
9:33It's not as a result of improvements.
9:37It's what's existing.
9:39So I can provide you these surveys, maps, identify the particular areas that don't conform,
9:49and you can take them.
9:51Okay.
9:52I'm going to go ahead and do that with you.
9:53Okay.
9:54Where the existing...
9:55Just to make sure that a hard look is given to the numbers and the side yards and the
10:00setbacks that are previously recorded in town records.
10:06Okay.
10:07Are those surveys done by other surveyors?
10:10Do you know that?
10:11Yeah.
10:12Of course, everything's...
10:13So this is the only map that was done by Young Associates?
10:18Right.
10:19Okay.
10:20So this is the only map that was done by Young Associates?
10:21Right.
10:22So I'm strongly urging you and recommending that you take a look at the files that exist.
10:32And I think once you do, some of these measurements will be adjusted.
10:41Okay.
10:42If you can provide those copies and...
10:46And again, I'll provide...
10:47Yeah.
10:48If you provide those copies...
10:49Yeah.
10:50...you can go to Young and Young and I'll have them take a look at it.
10:53Right.
10:54And I'm sure they'll stand by their work, so I don't know what the discrepancies may
10:59be.
11:00Exactly.
11:01And this work was done by Young and Young.
11:02Okay.
11:03So...
11:04Okay.
11:05I think we should adjourn this.
11:06Oh, wait.
11:07You mentioned...
11:08Did you mention that...
11:09I'll mention it.
11:10The driveway that goes back to the building, that driveway now is on Riverhead Street.
11:11Right.
11:12And that driveway is on Riverhead Street.
11:13Right.
11:14And that driveway is on Riverhead Street.
11:15Right.
11:16And that driveway is on Riverhead Street.
11:17Right.
11:18And that driveway is on Riverhead Street.
11:19Really?
11:20Really?
11:21Really?
11:22Really?
11:23Really?
11:24Really?
11:25THAT'S WHAT'S DEPICTED AND THAT'S WHAT'S SHOWN AND I BELIEVE THAT'S THE WAY THEY USED THE
11:30PROPERTY.
11:31I COULDN'T EVEN TELL YOU HOW LONG.
11:32NEW SPEAKER PORTER I GUESS WE NEED FORMS AND THINGS TO BE FILED FOR THAT PROPERTY BECAUSE
11:39IT'S NOT THEIR PROPERTY AND I DON'T KNOW WHY IT'S IN FRONT OF US, OKAY?
11:45NEW SPEAKER I UNDERSTAND.
11:48I'M SURPRISED THAT THIS WASN'T BROUGHT UP DURING THE SITE PLAN APPLICATION.
11:54I KIND OF APOLOGIZE FOR BEING KIND OF HIT WITH THIS.
11:58THIS IS SOMETHING THAT GENERALLY WOULD HAVE BEEN DONE IN A STAFF REPORT THAT WOULD HAVE
12:02BEEN BEFORE US, BEFORE WE EVEN CAME HERE BECAUSE I BELIEVE THE DENIAL LETTER PROBABLY WOULD
12:09HAVE GONE THROUGH PLANNING AS WELL FOR ANY COMMENTS.
12:14SO AT THAT POINT, I GUESS WE WOULD HAVE TO ADDRESS THESE CONCERNS BEFORE WE MOVE FORWARD.
12:21I DON'T KNOW IF I BELIEVE THERE'S SOMEBODY HERE FROM THE PUBLIC.
12:24I DON'T KNOW IF YOU WANT TO HEAR THEIR COMMENTS FIRST BEFORE YOU ADJOURN ANYTHING OR.
12:28NEW SPEAKER DO YOU THINK THEY HAVE KNOWLEDGE OF ANY PRIOR AGREEMENT, ROB?
12:34NEW SPEAKER I HAVE NO IDEA, MR. BARNES.
12:38LIKE I SAID, I WAS INVOLVED IN THIS PROJECT TO KIND OF HELP THEM ALONG TO FACILITATE THIS
12:46PROJECT.
12:47I DON'T KNOW THE OPERATIONS OF THE CHURCH OF THE HARVEST.
12:51THAT'S WHY I ASKED THE REPRESENTATIVE HERE.
12:53SO IF YOU WOULD WANT TO ASK THEM THOSE QUESTIONS, THEY MAY KNOW THAT.
12:57NEW SPEAKER OKAY.
12:58NEW SPEAKER I DO NOT.
13:01NEW SPEAKER DO YOU WANT TO ADJUST THAT, PETER?
13:05NEW SPEAKER ANYBODY ELSE WANT TO BE HEARD?
13:08NEW SPEAKER HAVE YOU ANYBODY GOT ANYTHING ELSE TO OFFER AS FAR AS INFORMATION TO UNDERSTAND
13:11WHAT'S HAPPENING HERE?
13:12NEW SPEAKER OKAY.
13:13NEW SPEAKER PLEASE RAISE YOUR RIGHT HAND.
13:14I SO MUCH SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND THE WHOLE TRUTH.
13:18Please raise your right hand.
13:21I solemnly swear to tell the truth, the whole truth,
13:23and nothing but the truth, by helping God.
13:25I do, so help me God.
13:26Please state your name and address.
13:28My name is Peter Ernst.
13:30I live at 484 Brookhaven Avenue, Flanders, 11901.
13:36And I've been a member of Church of the Harvest since 1987,
13:41and I've been a landscape designer.
13:43I'm not involved with this particular project,
13:46but I do know that having looked through old surveys
13:50and things through the years,
13:51that there was one survey I saw that went back to like 1911,
13:55and it was Centerville Baptist Church.
13:58And the town of Riverhead has always allowed a church parking lot there,
14:03always.
14:03This has been like one of those things that's been grandfathered.
14:07I don't know if there was any documentation from 100-plus years ago,
14:11but I know that we've always had a good relationship in the neighborhood
14:15and with the community,
14:16and with the town of Riverhead.
14:18And so I've talked with the sewer district workers when they come in,
14:24and I asked them if, you know, parking is, and they said,
14:27no, just don't block the gate.
14:28We just need access when they come in with their van and do their work.
14:32And it's always been amenable for the 30-some odd years that I've been there.
14:36So it's never been a problem.
14:38It's just been one of those things that's been grandfathered.
14:40Because if you look at the survey, you can see on one side of the property,
14:44it's about four plus or minus feet.
14:46The back of the property is about a quarter of a mile away.
14:46The building is 32-something feet wide.
14:49And the property is only 50 feet wide.
14:51These were little strips that came off of Rainer Avenue and go east-west.
14:55And so if you see that, there really was no possibility for a church
15:00without the town, like a public-private cooperation that's been going
15:04on for over 100-something years.
15:06So what's that?
15:07We don't doubt that.
15:09But the survey in Fervous shows us that it's on town property,
15:12that they're using town property.
15:14And there's no indication of an easement or a license.
15:16That's the problem.
15:17I'm not aware of any of that.
15:19I was just asked to come because the pastor cut his finger badly
15:22and has to get surgery.
15:24So I wouldn't have been here otherwise.
15:26Well, thank you.
15:28Is there anything else I can answer?
15:29I just want to state for the record, if you go back in time
15:32through the building department files, at one point in time,
15:35the church did have much wider access through to the back of their property.
15:42And they even came in before the Zoning Board of Appeals
15:46to put the ramp on.
15:49And the Zoning Board of Appeals then approved the ramp,
15:55but it was on the back of the property.
15:58But they built the church, for whatever reason, decided not to build it
16:03on the back of the property as approved by the Zoning Board of Appeals,
16:07but thereafter built it on the side of the property,
16:09even narrowing more their access to the rear of the property.
16:15Yeah. I don't know.
16:12I don't know.
16:13I don't know.
16:14I don't know.
16:12I don't know.
16:15I don't know.
16:15I don't know if that profile sticks out any more than the main church building
16:19when you look at it.
16:20Well, the problem is, it was granted for, for lack of a better word,
16:23to be built on the east side of the property,
16:25and that was on the south side of the property.
16:27Oh, okay.
16:28On that house, you mean, on the office.
16:30Right.
16:31Okay. Again, I'm not, I was not involved in that building project.
16:36So, I don't know if there's anything I could help you with.
16:40Okay.
16:41Yeah.
16:41Thank you.
16:41All right.
16:42Okay. Thank you.
16:44Was there ever a building permit issued, Anne Marie,
16:48for that modular that's behind the church?
16:53Did you get the question?
16:54Yes. Yes.
16:57But it did, and then thereafter, they came in for the rear ramp.
17:03But as you know, the rear ramp was then located on the side of the structure.
17:09East.
17:11Further and narrowing that access.
17:12Right. I just wonder when they put the modular in, if anything,
17:14they had to do with the right of ways.
17:16I mean, I don't know if that came out on that.
17:17When they installed the modular, was there any issues about right of ways at that time?
17:22I saw none.
17:22I mean, was that looked into?
17:23Leroy, I went through the whole file, and I saw none.
17:26And that's why I then contacted the sewer district superintendent.
17:32And he acknowledged, I know it goes on.
17:35He said, not only are they using it ingress and egress, and that's when he explained to me,
17:44they're also parking the cars for the church services.
17:50Okay. All right.
17:58Yeah, I just wonder if there was ever a resolution done by the town board in minutes somewhere,
18:05years way back, but that'll have to be found out by their legal team.
18:10Right.
18:12I mean, obviously,
18:14I tried to do my due diligence as best I can, but I've made inquiries,
18:21and I even went into the assessor's office to their records to see if there was an easement in the file and found none.
18:31Okay.
18:33I wonder if anything was recorded in the county clerk's office, if any.
18:42That might be a good start.
18:44Well,
18:44the applicant should actually submit that.
18:45Just to have the records back?
18:46Yeah, well, they should provide that, yes.
18:47Right.
18:49Just give them a path any way we can, that's all, so we can legalize it for them.
18:52Right.
18:53Okay.
18:54Thank you.
18:55Well, the building is certainly needed, because I talked to Pastor Michael this week, and I think that there's some
19:14They had over 100 people for the food pantry that are coming in.
19:19And it's a service that they've been providing for years.
19:22And like Lira says, he's got a heart.
19:24Well, I got a heart strings to that too.
19:26But we've got to resolve this cloud we have on all this property to make it permanent so it's good.
19:35So you don't have a problem down the road.
19:38Because right now, I would say that this board is a friendly board.
19:44And our attorney is extremely good.
19:47So let's hope we can get this resolved.
19:51Please.
19:52Do you want me to read?
19:55Huh?
19:57Are we doing this or straight adjourn?
20:00What do you want to do?
20:01The options.
20:02Oh.
20:04Do you think that's necessary or?
20:07Well, we can do one of two things.
20:10We could simply adjourn for.
20:14Clarification and documentation regarding the easement.
20:18Come on up.
20:19Rob.
20:19Or we could render a determination outlining the steps for the applicant that needs to move forward in order for the applicant, you know, giving them a clear blueprint how to move it forward.
20:38I would respect if we could adjourn.
20:40But we would still have to adjourn it.
20:42Go ahead, Rob.
20:43Yeah, I would.
20:44I would.
20:45Respectively request that we adjourn it so that I could possibly discuss a draft of this determination.
20:52With the church to see what exactly would be required.
20:57Just because, like I said, this is all of these questions are news to me.
21:02And like I said, I apologize.
21:03I thought this really should have been brought up in a staff report during site plan.
21:09So I think at this point, I would also even like to.
21:14Have the church.
21:16Get legal counsel involved.
21:17And I think an adjournment and review of these.
21:21You know, this draft and this possible action that we could work together on.
21:25I think it would be great.
21:26I would even like if there was a possibility to have a meeting with count with town council to go over those things and what may be the legal path forward to kind of get a lot of this ingress, egress and easement stuff hashed out.
21:44These four weeks.
21:46Can I ask the members of the zoning board of appeals?
21:50If they would have any objection to me providing the representative for the applicant with a draft potential determination of the zoning suggested.
22:02I don't have a problems.
22:03I know that's a good idea.
22:06In addition, I'd like to have a path at least provide you with the prior surveys that I was referencing.
22:12Excellent.
22:12Thank you.
22:13Can I use this?
22:14We suggest a month.
22:16Adjournment.
22:17At least.
22:19He's going to retain counsel.
22:21Yeah.
22:21That's up to applicant.
22:22Whatever they.
22:24Desire.
22:25We could grant.
22:26Really.
22:27We could do two weeks.
22:28And then if they're not ready in two weeks, we'll move it.
22:31Yeah.
22:31If we can adjourn it right now.
22:33At least two weeks.
22:34And then that'll give me time.
22:36Because obviously with the pastor.
22:38You know, with the situation that he's in.
22:40He you know, I'm probably not going to be able to get all of them tomorrow.
22:45Would it be better to do?
22:46My recommendation is we do for why?
22:49Because even if they were absolutely.
22:52So and want to sit down.
22:54Oh, sure.
22:554 weeks.
22:55I I'm fine with a weeks from now.
22:58That'd be well, it would be the 1st meeting in March, which would be March 14th.
23:05What chance?
23:05I respectfully make a motion.
23:07That's for your journal for March 14th.
23:08I second.
23:10Second, Barnes.
23:14aye skazilla aye mr zawiski all right and i vote aye so i hope it works out thank you i appreciate
23:23that thank you for the draft and i appreciate that thank you so it's really you know a matter
23:29of sitting down with staff and counsel right after they get that cashed out correct
23:35correct
23:44it's not a question of it not being done it's just getting it done right
23:48and getting it on paper and it protects the government as well as yourself
23:56thank you welcome you have a great day what's left of it march 22nd i mean take care rob
24:05all right i don't think there's anything else is there are there any notes to be approved uh
24:11minutes uh january 25th what january 25th okay i can move minute we approved january
24:2022nd 25th 25th minutes do i have a second second all in favor aye mr barnes aye thank you aye
24:30motion to adjourn all in favor aye
24:35mr
24:35barnes aye we can hear you i'm sorry they didn't cut you off tonight leroy
24:40no the dogs no they didn't we missed the dogs though everybody have a very pleasant evening
24:48what do you say good night oh have a pleasant evening thank you very much good night leroy
24:55good night mr have a great day good luck in the super bowl all right you too yeah
25:06thank you
25:10thank you
25:27Thank you.

Full Transcript

Thank you. Thank you. Thank you. All right. Welcome, everyone, to the February 8, 2024 Zoning Board of Appeals meeting. We had a beautiful day out there today. We had some sunshine, so I hope we have a sunny day inside. Tracy, you want to start with the administrative stuff on the appeals? Sure. We have three appeals that are going to be reopened, the first one being Appeal 2023-057, Bapa Realty, 1352 East Main Street. Riverhead. The appeal will be reopened due to change in nature of relief and will be heard on February 22nd. Okay. We're going to... So moved. Second. All in favor? Aye. Aye. Aye. Mr. Barnes? Okay. Okay. Aye. 4-0. The next will be Megan Carrick, 118 Northside Road, Wading River, request to reopen appeal number 2023-052 set for the February 2nd... February 22nd, 2024 hearing. So moved. Second. All right. Mr. Barnes? Aye. Godzilla? Aye. Was... Was... Zaweski. Zaweski, yes. Aye. Aye. And I vote aye, so that's been granted. Or moved. Go ahead. Okay. And the last one is Patrick McWard, 1501 Beconic Bay Boulevard, Laurel, request to reopen appeal number 2021-018. Also set for February 22nd. 2024 hearing. So moved. Second. All right. Mr. Barnes? Aye. Mr. Zaweski? Aye. Mr. Godzilla? Aye. And I vote aye. So that has also been reopened. Okay. And our first appeal tonight is appeal 2024-002, Amy Whitcup, 42 Julia's Way, Wading River, Suffolk County tax map number 600-57-1-7.52. Residents... B80 or B80 zoning. Proposed in-ground pool, 36 feet by 16 feet. Applicant request variances to and or relief from chapter 301-21A1C, where proposed rear yard accessory setback, 16 feet minimum required is 20 feet. And this will be adjourned to February 22nd due to the failure to meet mailing requirements. So moved. Go ahead. Second. Mr. Barnes? Aye. Mr. Zaweski? Aye. Mr. Godzilla? Aye. And I vote aye. Okay. And then we have appeal 2024-004, Church of the Harvest, 572 Ringer Avenue, Riverhead, Suffolk County tax map number 600-123-1-27. Residents A40 or A40 zoning. Proposed accessory building. Applicant request variances and or relief from chapter 301-9A1C. Where proposed side yard setback for accessory building is 4.2 feet, minimum required is 20 feet. And 301-11, where proposed pervious surface coverage is 55.4% and the maximum permitted is 15.5. Rob, have you been sworn in? Not on this application, no. Okay. Please raise your right hand. I solemnly swear to tell the truth, the whole truth, nothing but the truth, so help you God. I do. Please state your name and address. Robert Stromsky. I reside at 44 Circle Drive in Jamesport, New York. I'm acting as the architect for the applicant, Church of the Harvest. What we have here is we have a proposed pre-engineered metal building, 15 by 36, to be placed in the rear yard with a side yard setback as proposed due to the need for a new building. Really, if you notice, there is a space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space space And the placement of the building is to try and utilize that existing turnaround. And from what I understand, this is going to be an unconditioned building with no plumbing, no water, and that it's just going to be used for the storage of goods for their food pantry service that they operate within the organization. I do have the affidavit of posting. I have the photographs of when the sign was put up and also today, and then the green cards from the mailings. The project has been presented to the Architecture Review Board as part of our site plan application. They had no objections to the way the building was presented. And right now, we're just still in the site plan application phase. Pending. Pending the outcome of this application here before we can move forward with that application. If the board has any questions or if there's any questions or comments from the public, I'd be more than happy to address them. So I have several questions. I did a search of the records, and I did not locate an easement for utilization or access through the Riverhead Sewer District property. I met with the sewer district superintendent. And he had no knowledge of any existing agreement, formal agreement to utilize the property. As it's municipal property, that would be required. In addition, it's my understanding that the church also utilizes, which is not depicted in this diagram, the front portion of the sewer district parking. And that's the property for parking for the parishioners. Is that correct? I wouldn't know about that. We have somebody from the representative from the church that might be able to answer those questions. Because that would require a license agreement. Utilization of any portion of the property for ingress and egress would also require an easement. Also, in going through the property, we have a lot of questions about the property. Really? The dimensions depicted on this plan differ from the previous surveys for the existing structures on the property done by Howard Young and the Zoning Board of Appeals would want that corrected and to conform to that. So you're saying that the as-built survey here is incorrect? According to the building department records, and if you take a look, there are surveys going back to 2011 and later that reflect different side yards. Okay. I would have to ask the surveyor, you know, I would imagine that this field survey was completed November 9th. Okay. Okay. So I believe this map was prepared as an as-built. So if there is any conflicting things, I don't know if that means that something needs to be legalized or... It's not as a result of improvements. It's what's existing. So I can provide you these surveys, maps, identify the particular areas that don't conform, and you can take them. Okay. I'm going to go ahead and do that with you. Okay. Where the existing... Just to make sure that a hard look is given to the numbers and the side yards and the setbacks that are previously recorded in town records. Okay. Are those surveys done by other surveyors? Do you know that? Yeah. Of course, everything's... So this is the only map that was done by Young Associates? Right. Okay. So this is the only map that was done by Young Associates? Right. So I'm strongly urging you and recommending that you take a look at the files that exist. And I think once you do, some of these measurements will be adjusted. Okay. If you can provide those copies and... And again, I'll provide... Yeah. If you provide those copies... Yeah. ...you can go to Young and Young and I'll have them take a look at it. Right. And I'm sure they'll stand by their work, so I don't know what the discrepancies may be. Exactly. And this work was done by Young and Young. Okay. So... Okay. I think we should adjourn this. Oh, wait. You mentioned... Did you mention that... I'll mention it. The driveway that goes back to the building, that driveway now is on Riverhead Street. Right. And that driveway is on Riverhead Street. Right. And that driveway is on Riverhead Street. Right. And that driveway is on Riverhead Street. Right. And that driveway is on Riverhead Street. Really? Really? Really? Really? Really? Really? THAT'S WHAT'S DEPICTED AND THAT'S WHAT'S SHOWN AND I BELIEVE THAT'S THE WAY THEY USED THE PROPERTY. I COULDN'T EVEN TELL YOU HOW LONG. NEW SPEAKER PORTER I GUESS WE NEED FORMS AND THINGS TO BE FILED FOR THAT PROPERTY BECAUSE IT'S NOT THEIR PROPERTY AND I DON'T KNOW WHY IT'S IN FRONT OF US, OKAY? NEW SPEAKER I UNDERSTAND. I'M SURPRISED THAT THIS WASN'T BROUGHT UP DURING THE SITE PLAN APPLICATION. I KIND OF APOLOGIZE FOR BEING KIND OF HIT WITH THIS. THIS IS SOMETHING THAT GENERALLY WOULD HAVE BEEN DONE IN A STAFF REPORT THAT WOULD HAVE BEEN BEFORE US, BEFORE WE EVEN CAME HERE BECAUSE I BELIEVE THE DENIAL LETTER PROBABLY WOULD HAVE GONE THROUGH PLANNING AS WELL FOR ANY COMMENTS. SO AT THAT POINT, I GUESS WE WOULD HAVE TO ADDRESS THESE CONCERNS BEFORE WE MOVE FORWARD. I DON'T KNOW IF I BELIEVE THERE'S SOMEBODY HERE FROM THE PUBLIC. I DON'T KNOW IF YOU WANT TO HEAR THEIR COMMENTS FIRST BEFORE YOU ADJOURN ANYTHING OR. NEW SPEAKER DO YOU THINK THEY HAVE KNOWLEDGE OF ANY PRIOR AGREEMENT, ROB? NEW SPEAKER I HAVE NO IDEA, MR. BARNES. LIKE I SAID, I WAS INVOLVED IN THIS PROJECT TO KIND OF HELP THEM ALONG TO FACILITATE THIS PROJECT. I DON'T KNOW THE OPERATIONS OF THE CHURCH OF THE HARVEST. THAT'S WHY I ASKED THE REPRESENTATIVE HERE. SO IF YOU WOULD WANT TO ASK THEM THOSE QUESTIONS, THEY MAY KNOW THAT. NEW SPEAKER OKAY. NEW SPEAKER I DO NOT. NEW SPEAKER DO YOU WANT TO ADJUST THAT, PETER? NEW SPEAKER ANYBODY ELSE WANT TO BE HEARD? NEW SPEAKER HAVE YOU ANYBODY GOT ANYTHING ELSE TO OFFER AS FAR AS INFORMATION TO UNDERSTAND WHAT'S HAPPENING HERE? NEW SPEAKER OKAY. NEW SPEAKER PLEASE RAISE YOUR RIGHT HAND. I SO MUCH SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND THE WHOLE TRUTH. Please raise your right hand. I solemnly swear to tell the truth, the whole truth, and nothing but the truth, by helping God. I do, so help me God. Please state your name and address. My name is Peter Ernst. I live at 484 Brookhaven Avenue, Flanders, 11901. And I've been a member of Church of the Harvest since 1987, and I've been a landscape designer. I'm not involved with this particular project, but I do know that having looked through old surveys and things through the years, that there was one survey I saw that went back to like 1911, and it was Centerville Baptist Church. And the town of Riverhead has always allowed a church parking lot there, always. This has been like one of those things that's been grandfathered. I don't know if there was any documentation from 100-plus years ago, but I know that we've always had a good relationship in the neighborhood and with the community, and with the town of Riverhead. And so I've talked with the sewer district workers when they come in, and I asked them if, you know, parking is, and they said, no, just don't block the gate. We just need access when they come in with their van and do their work. And it's always been amenable for the 30-some odd years that I've been there. So it's never been a problem. It's just been one of those things that's been grandfathered. Because if you look at the survey, you can see on one side of the property, it's about four plus or minus feet. The back of the property is about a quarter of a mile away. The building is 32-something feet wide. And the property is only 50 feet wide. These were little strips that came off of Rainer Avenue and go east-west. And so if you see that, there really was no possibility for a church without the town, like a public-private cooperation that's been going on for over 100-something years. So what's that? We don't doubt that. But the survey in Fervous shows us that it's on town property, that they're using town property. And there's no indication of an easement or a license. That's the problem. I'm not aware of any of that. I was just asked to come because the pastor cut his finger badly and has to get surgery. So I wouldn't have been here otherwise. Well, thank you. Is there anything else I can answer? I just want to state for the record, if you go back in time through the building department files, at one point in time, the church did have much wider access through to the back of their property. And they even came in before the Zoning Board of Appeals to put the ramp on. And the Zoning Board of Appeals then approved the ramp, but it was on the back of the property. But they built the church, for whatever reason, decided not to build it on the back of the property as approved by the Zoning Board of Appeals, but thereafter built it on the side of the property, even narrowing more their access to the rear of the property. Yeah. I don't know. I don't know. I don't know. I don't know. I don't know. I don't know. I don't know if that profile sticks out any more than the main church building when you look at it. Well, the problem is, it was granted for, for lack of a better word, to be built on the east side of the property, and that was on the south side of the property. Oh, okay. On that house, you mean, on the office. Right. Okay. Again, I'm not, I was not involved in that building project. So, I don't know if there's anything I could help you with. Okay. Yeah. Thank you. All right. Okay. Thank you. Was there ever a building permit issued, Anne Marie, for that modular that's behind the church? Did you get the question? Yes. Yes. But it did, and then thereafter, they came in for the rear ramp. But as you know, the rear ramp was then located on the side of the structure. East. Further and narrowing that access. Right. I just wonder when they put the modular in, if anything, they had to do with the right of ways. I mean, I don't know if that came out on that. When they installed the modular, was there any issues about right of ways at that time? I saw none. I mean, was that looked into? Leroy, I went through the whole file, and I saw none. And that's why I then contacted the sewer district superintendent. And he acknowledged, I know it goes on. He said, not only are they using it ingress and egress, and that's when he explained to me, they're also parking the cars for the church services. Okay. All right. Yeah, I just wonder if there was ever a resolution done by the town board in minutes somewhere, years way back, but that'll have to be found out by their legal team. Right. I mean, obviously, I tried to do my due diligence as best I can, but I've made inquiries, and I even went into the assessor's office to their records to see if there was an easement in the file and found none. Okay. I wonder if anything was recorded in the county clerk's office, if any. That might be a good start. Well, the applicant should actually submit that. Just to have the records back? Yeah, well, they should provide that, yes. Right. Just give them a path any way we can, that's all, so we can legalize it for them. Right. Okay. Thank you. Well, the building is certainly needed, because I talked to Pastor Michael this week, and I think that there's some They had over 100 people for the food pantry that are coming in. And it's a service that they've been providing for years. And like Lira says, he's got a heart. Well, I got a heart strings to that too. But we've got to resolve this cloud we have on all this property to make it permanent so it's good. So you don't have a problem down the road. Because right now, I would say that this board is a friendly board. And our attorney is extremely good. So let's hope we can get this resolved. Please. Do you want me to read? Huh? Are we doing this or straight adjourn? What do you want to do? The options. Oh. Do you think that's necessary or? Well, we can do one of two things. We could simply adjourn for. Clarification and documentation regarding the easement. Come on up. Rob. Or we could render a determination outlining the steps for the applicant that needs to move forward in order for the applicant, you know, giving them a clear blueprint how to move it forward. I would respect if we could adjourn. But we would still have to adjourn it. Go ahead, Rob. Yeah, I would. I would. Respectively request that we adjourn it so that I could possibly discuss a draft of this determination. With the church to see what exactly would be required. Just because, like I said, this is all of these questions are news to me. And like I said, I apologize. I thought this really should have been brought up in a staff report during site plan. So I think at this point, I would also even like to. Have the church. Get legal counsel involved. And I think an adjournment and review of these. You know, this draft and this possible action that we could work together on. I think it would be great. I would even like if there was a possibility to have a meeting with count with town council to go over those things and what may be the legal path forward to kind of get a lot of this ingress, egress and easement stuff hashed out. These four weeks. Can I ask the members of the zoning board of appeals? If they would have any objection to me providing the representative for the applicant with a draft potential determination of the zoning suggested. I don't have a problems. I know that's a good idea. In addition, I'd like to have a path at least provide you with the prior surveys that I was referencing. Excellent. Thank you. Can I use this? We suggest a month. Adjournment. At least. He's going to retain counsel. Yeah. That's up to applicant. Whatever they. Desire. We could grant. Really. We could do two weeks. And then if they're not ready in two weeks, we'll move it. Yeah. If we can adjourn it right now. At least two weeks. And then that'll give me time. Because obviously with the pastor. You know, with the situation that he's in. He you know, I'm probably not going to be able to get all of them tomorrow. Would it be better to do? My recommendation is we do for why? Because even if they were absolutely. So and want to sit down. Oh, sure. 4 weeks. I I'm fine with a weeks from now. That'd be well, it would be the 1st meeting in March, which would be March 14th. What chance? I respectfully make a motion. That's for your journal for March 14th. I second. Second, Barnes. aye skazilla aye mr zawiski all right and i vote aye so i hope it works out thank you i appreciate that thank you for the draft and i appreciate that thank you so it's really you know a matter of sitting down with staff and counsel right after they get that cashed out correct correct it's not a question of it not being done it's just getting it done right and getting it on paper and it protects the government as well as yourself thank you welcome you have a great day what's left of it march 22nd i mean take care rob all right i don't think there's anything else is there are there any notes to be approved uh minutes uh january 25th what january 25th okay i can move minute we approved january 22nd 25th 25th minutes do i have a second second all in favor aye mr barnes aye thank you aye motion to adjourn all in favor aye mr barnes aye we can hear you i'm sorry they didn't cut you off tonight leroy no the dogs no they didn't we missed the dogs though everybody have a very pleasant evening what do you say good night oh have a pleasant evening thank you very much good night leroy good night mr have a great day good luck in the super bowl all right you too yeah thank you thank you Thank you.