March 28, 2024 — Zoning Board of Appeals

Zoning Board Meeting

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0:00Thank you.
0:30Thank you.
1:00Thank you.
1:30Thank you.
2:00Thank you.
2:30Thank you.
3:00Thank you.
3:30Thank you.
4:00Thank you.
4:30Thank you.
5:00Thank you.
5:30Thank you.
6:00Thank you.
6:30Thank you.
7:00Thank you.
7:30Thank you.
8:00I do.
8:00Loud, clear voice.
8:02Please state your name and your address.
8:04My name is David Morgenstern, born May 20, 1953.
8:08How can we help you?
8:09I'm sorry?
8:10How can we help you?
8:1124 Birch Lane, Waiting River.
8:14How can we help you?
8:17We own the house to the other side.
8:19I would tell you our house is about 1,600 square feet.
8:22I don't think there are any houses on the block that are more than about 2,000 square feet.
8:26This is a large house on a small piece of property.
8:30I'm concerned about the closeness to our property line.
8:37Something about here, about 15 feet from the property line.
8:43The opposite side.
8:44So how close are we?
8:45So just so we understand, this is not a colloquy between the two of you.
8:49Okay.
8:50Okay.
8:51Is there something else you want to add?
8:55I'm sorry?
8:55Is there something else you want to add?
8:58Yes.
8:59Also.
9:00I'd love to see a layout of the four sides of the property also.
9:04Is it possible to see that?
9:06Layout?
9:07What do you mean by layout?
9:08As far as the footprint of the house.
9:10Yeah.
9:10You have this survey.
9:13Yeah.
9:14Is that available?
9:16Yeah.
9:19Tracy, can we put that on the table and zoom it up on the screen for the gentleman?
9:25Tracy, we can use one.
9:28Yeah, I have one right here.
9:29Yeah, we all have one.
9:30Yeah.
9:30Yeah.
9:30You got it?
9:31Okay.
9:31Okay.
9:44So you got that?
9:52Can you see that, sir?
9:54Okay.
9:55So as I'm looking at this, the driveway would be on the right-hand side of the house.
9:59Looking at the house?
10:00Looking at the house?
10:03That's what it looks like, right?
10:05That's your property, right?
10:06Right.
10:08Sir, actually, you can come up to the table, and you can point to ... Because there's
10:14a microphone now that we'll be able to hear you.
10:15Okay.
10:15You can sit.
10:16You can sit.
10:20Okay.
10:20And the ...
10:21This would be the ... This is the garage right here.
10:26It's opposite, so I'm trying to get used to this.
10:28Okay.
10:28And this would be ...
10:29This would be 35 feet to the property line.
10:32From my property line?
10:33Yes, correct.
10:33Okay.
10:34And how far back is the garage from the street?
10:37This is 30 feet, and the house itself is closer to 50 feet, but the garage is 50 feet.
10:43I see.
10:44So it's an L-shaped ...
10:46It's sort of L-shaped, correct.
10:49It goes from here across, and that's the L.
10:52Okay.
10:55And like I said, we plan on putting privacy bushes here.
10:59And all through over here and across the back.
11:03So, you know, this way in case anyone feels that we're too close.
11:07I mean, I understand it's a small piece of property, but there's not really much bigger
11:12pieces available, you know, so unfortunately.
11:15And we love the area.
11:16We live right two streets away.
11:19So, but like I said, the privacy bushes would be all around the areas and even across some
11:24of the front, so.
11:26And the gentleman, they told you the property is adopted.
11:29So, you know, we're going to have to see if we can get it.
11:30And we're going to have to see if we can get it.
11:31And we're going to have to see if we can get it.
11:31Did you say doctor?
11:32Yeah.
11:33Is that ...
11:33He's a doctor?
11:34He's a retired doctor.
11:35I wasn't sure what he was living in.
11:38His house itself, I mean, I don't know what the sale is, but, you know, it's over here
11:42somewhere.
11:43He had a shed on that.
11:45Is that what he had?
11:46No, that's what I assumed, because that's what it looked like.
11:48It looked like it was a base for like a shed.
11:50I believe he moved it when he put the property up for sale.
11:53Right.
11:55He moved the shed.
11:55So, I'm just ...
11:56I plan on removing that slab so that way, you know, it's not ...
12:00Anything else, sir?
12:03Anything else?
12:03Anything else?
12:06Go ahead.
12:08Ma'am, ma'am, ma'am, ma'am.
12:10You want to raise your right hand, please?
12:12Sure.
12:14Geraldine Morgenstern.
12:15So, we're going to tell you a total truth, not a true truth.
12:17Yes, I do.
12:18Would you hand down, please, and loud and clear voice, please state your name and your
12:21address.
12:22Geraldine Morgenstern, 24 Birch Lane in Wading River.
12:26Was that your husband?
12:28Yes, that's my husband.
12:29Okay.
12:30Okay.
12:30My question is where the driveway is.
12:33Okay.
12:33You're saying that's 34 feet from our ...
12:38Correct.
12:39According to this, right here, it's just 34 feet right there.
12:42From that point of the house to the edge of the property.
12:46Okay.
12:47Now, the garage.
12:48Right.
12:49You said it's a two-
12:50Right.
12:51There would be two.
12:52There would be a car here and one there.
12:55Okay.
12:55Okay.
12:55So ...
12:56Because there is a street.
12:59Right now, that street is not being utilized, that part of Birch Lane.
13:03It's more like a flag lot for the gentleman that lives across the street, Matthew?
13:07Yes.
13:07He uses that as his driveway?
13:09Yes, he does.
13:10So, is that ...
13:11There are going to be a road there now, continued?
13:13I believe ...
13:14As of now, there is not.
13:14Because of where my driveway lies and the asphalt ends about here, I believe ... I'm
13:20just going to repave this so it's nice and clean and presentable as far as the rest of
13:25the road.
13:26I don't believe that Matt ... I haven't spoken to the homeowner across the street about
13:31it, but no.
13:32Well, it would be the towns, because that's a new road.
13:35That road is not utilized.
13:36Let's consider the town now, and it's not paved, so I'm not sure why that's the situation.
13:41But either way, it would be-
13:42That's town property.
13:43Right.
13:44Right.
13:45So, I would-
13:46We own it.
13:47It won't be paved.
13:48Right.
13:49So, that's ...
13:50The distance between the driveway, edge of the driveway and our property.
13:51Not the house, but the edge of the driveway.
13:52Question two.
13:53I'm not sure why that's the situation.
13:54Right.
13:55So, I would ...
13:56There would be at least three to five feet of property that I could plant, privacy bushes,
14:02et cetera.
14:03Okay, because our driveways are right close to that.
14:05Well, yeah.
14:06You have a detached garage, and it's definitely closer to the border.
14:10The distance between our driveway and your driveway is probably only about 10, 15 feet.
14:16I didn't do the measurements, but I don't know that.
14:19I don't know.
14:20I think that's what we were trying to find out.
14:21Right.
14:22But either way, I would have it all separated with privacy bushes.
14:25Okay.
14:26So, I would have to make a decision on the question of the garage.
14:27I don't know why.
14:28Will that be facing the road?
14:29Or would that be facing our house?
14:30The doors would be facing the house to the right.
14:31That's our property?
14:32Facing our property.
14:33Right.
14:34The doors themselves.
14:35The front of the house would be windows and we'd have shades in them so that way it didn't
14:36look ...
14:37I'm not worried about your shades.
14:38Okay.
14:39I just ... We were just concerned how this house sat on the property.
14:40Right.
14:41So, it looks like you have a side garage there and the front door is facing ...
14:42The front door would be right here.
14:43Okay.
14:44So, I would have to make a decision on that.
14:45I don't know why that's the case.
14:46I don't know why that's the case.
14:47this house sat on the property right so it looks like you have a side garage there and the front
14:53door is the front door would be right here okay with the covered porch yes correct okay you
14:59indicated you put up privacy bushes i am putting privacy bushes entire perimeter of the house
15:03okay my only concern was like getting in and out of the driveway that way so well it wouldn't change
15:10from what you're doing now not me like for me you going past there because there's not a lot of
15:16places to park and i know a lot of people right well the driveway is big enough to turn i'm not
15:19worried about your parking i'm just saying in general that you know when people come in and
15:24perhaps the mailman like right they're going to go down that street as you know it's very rough down
15:31there i'm assuming that he goes i don't know how far he goes to get to because there's another
15:35house further down that's why it's already been established so i don't know how far he goes down
15:39for that house he doesn't go down at all uh okay i don't i'm not aware of that how i don't know if
15:44anybody knows how it is right now it's very
15:46very rough the uh there the road barely goes down that road as you said the neighbor here and then
15:53it's gravel the rest of the way give me just just for your information all of us have visited that
15:58location oh you have oh okay so you understand uh you know the questions of where the road is going
16:03to be and traffic going down that way right perhaps like something like that okay that's
16:10really what we were concerned about and how close it was to our property okay are you satisfied so i'm
15:54okay that's really what we were concerned about and how close it was to our property okay are you
16:14satisfied now so yeah i'm not sure if you're satisfied with that i'm not sure if you're satisfied
16:16with that i'm not sure if you're satisfied with that i'm not sure if you're satisfied with that
16:16my questions have been answered okay can i ask you
16:20sure if uh the applicant agreed and the zoning board required that he
16:27plant a vegetative buffer uh would that uh resolve some of your concerns or issues
16:36that's you know a personal thing planting bushes things like that i think our main concern was
16:41the proximity to our driveway and for instance the mail truck coming around and
16:46A lot of trucks pull in our driveway if they go to our neighbor's house or back in and out of our driveway.
16:53So I guess that was one of our concerns.
16:56All right.
16:57Anybody else wish to be heard on this?
17:01Thank you.
17:02Thank you.
17:09How are you, sir?
17:09I want to raise your right hand, please.
17:11This way, tell the truth, tell the truth, don't go to truth.
17:13How are you going?
17:13I do.
17:13Would you hand out, please, and allow to play a voice, please state your name and your address and your date of birth.
17:17Bonvison Matthew E., December 19, 1973, 16.
17:21Excuse me, can you raise the mic?
17:23Sorry.
17:25Thank you.
17:26Bonvison Matthew, date of birth, December 19, 1973, and I'm 16 Birch Lane, Waiting River.
17:33So I'm the other side.
17:36He would be over here in this area right here.
17:38There's a house right here on the other side.
17:40I'll put it this way.
17:42Right here.
17:43Is this gentleman's home?
17:45Yes.
17:46Is that accurate?
17:47Yes.
17:47Okay.
17:48So I'm actually partially standing here to get finally a good look at it.
17:53And my concerns were very similar to Dave and to Jerry on proximity as well as just the privacy.
18:01And I've got my own planting that I've got to do.
18:04So, John, are you saying also when you're talking about vegetation around.
18:13Right.
18:13Right.
18:13Right.
18:13Right.
18:13Right.
18:13Right.
18:13Right.
18:13Right.
18:13Right.
18:13Right.
18:13Right.
18:13Right.
18:15Really
18:31to the garage face and the house itself is is closer to 50.
18:36Well, yeah, I don't remember.
18:37I don't recall what this number is from there to there,
18:40but it's over ten less than 30.
18:42You know, I mean, I don't know.
18:4550, 12 feet.
18:46I don't something says 14 to. Yeah.
18:48Okay. So that would be 34 feet.
18:50It'll be another 34 feet in the front.
18:54Any else? No, no, sir.
18:56Thank you. Satisfied? Yes. Okay.
18:58Anybody else?
19:00Anybody on Zoom? No. Okay.
19:04So, Mr. Chairman, with respect to appeal number 2024 to zero zero eight,
19:08I move that the appeal of Dorothy DeFranco, Birch Lane, Weeding River,
19:13second county tax map.
19:18Suffolk County tax map number six hundred
19:20there's thirty three to five to twenty two in residence B80 zoning
19:25for variances and or relief from Chapter three or one to thirty one
19:29where
19:30proposed front yard setback
19:32is 30 foot where minimum allowed a 60 foot chapter three
19:36oh one there's 31 where proposed side yard setback of fifty three
19:40fifty three point three foot where minimum allowed is 30 foot chapter
19:44three oh one there's 31 were proposed combined side yard setback
19:4849point three foot where minimum allowed a sixty five foot chapter three
19:52oh one there's 31 where proposed rear yard setback is thirty six foot
19:56where minimum allowed a seventy five foot in chapter three oh one there's
19:59where proposed impervious surface coverage is 34.5%, where maximum allowed is 15%,
20:08be granted with the provision that privacy bushes be planted around the perimeter
20:18and that the slab indicated in the survey be removed.
20:26Hereby be granted in accordance with the applications and sketches with amendments thereto,
20:32if any, filed with the building inspector.
20:35Second.
20:36Second.
20:37Aye.
20:38Aye.
20:40Motion.
20:40Aye.
20:41And response?
20:43Aye.
20:44Aye.
20:44And I vote aye.
20:45It's granted.
20:46Good luck to you.
20:46Drive carefully.
20:48Stay dry.
20:49Thank you very much.
20:51Good night, ladies and gentlemen.
20:53Okay.
20:53PL 2024-009.
20:56Thank you.
20:56Thank you.
20:56Thank you.
20:44And I vote aye.
20:45It's granted.
20:46Good luck to you.
20:46Good luck.
20:47Drive carefully.
20:48Stay dry.
20:49Thank you very much.
20:50Good night, ladies and gentlemen.
20:53Okay.
20:53PL 2024-009.
20:56Frank McVeigh.
20:581589 Connick Bay Boulevard, Laurel.
21:00Suffolk County Tax Map Number 600-71-2-32.
21:05Residence B40, RB40 zoning.
21:08Proposed ground-mounted solar.
21:10Applicant requests variances.
21:12Ender relief from Chapter 301.
21:14!15-1-15A1A where accessory structure or solar in the front yard not permitted.
21:20Who's here on this?
21:23One at a time.
21:25Good evening, sir.
21:27Good evening.
21:29Raise your right hand, please.
21:31Should I tell the truth, tell the truth, and then the truth's up, you got?
21:37I do.
21:38If you can't, please allow clear voice.
21:39Please state your name, your address, and your date of birth.
21:41My name is Fred Azar.
21:43Fred Azar with Element Energy Solar, 7470 Sound Avenue, Mattituck, New York, 11952.
21:50Date of birth is 8-24-61.
21:52And how do you spell your last name?
21:54A-Z-A-R.
21:56How can we help you?
21:58So we're here tonight to review and request permission for the variance for the solar array to be constructed in the front yard of 1589.
22:11Connick Bay Boulevard.
22:13Mr. McVeigh's residence.
22:15We've installed a number of years ago, we installed roof mounted solar.
22:17And since that installation has been working very well for him, he has added a swimming pool with electric heat.
22:19So causing his power usage to increase.
22:21So this is a small array.
22:23It's a 12 panel system.
22:25Situated on the side of the building.
22:27And it's a 12 panel system.
22:29And it's a 12 panel system.
22:31And it's a 12 panel system.
22:33And it's a 12 panel system.
22:35And it's a 12 panel system.
22:37And it's a 12 panel system.
22:39And it's a 12 panel system.
22:41And it's a 12 panel system.
22:43front of his property that has both the very very good screening all the way around from the front
22:51you can't see it from the road you won't be able to see it from either name either side neighbor
22:56and there's simply no room whatsoever behind the house because it's it gets right into the
23:02the conic bay wetlands how long ago were the solar panels put on the house
23:072016 2015. so you would agree there's been a lot of advances in solar technology correct there is
23:17but he did get the the latest and the to to change out what's on his roof to give him that additional
23:25would only amount to be between five and seven percent so this is in addition to those panels
23:31correct so uh do you have the
23:37utility proof of utility bills of what's generated of what's generated what's generated from the
23:47house and pool the utility bills for what he's using now correct we do have i don't have them
23:53with me but we do have them yes okay and so pseg only allows us to design and install a system
24:00that will produce no more than 110 percent of his historical needs so that's within this right i'm
24:07very familiar with that and i think that's an excellent point and i think that's an excellent
24:07me with that that's why i asked okay i got you um is there any other uh location
24:19on the house or closer to the house for these solar panels so we looked uh obviously we looked
24:25at the entire property and the front of his house does face north and with the pitch of his roof
24:32it just takes it below the minimum solar standards for an installation on that roof
24:39he would be happy to do it if it if it would produce because he's he's he's not he doesn't
24:47care too much about the uh the look of solar on his roof obviously he's got the entire back of his
24:52property covered so did you investigate switching out one or two of the panels on the roof
25:00because now the panels have the ability
25:02to generate far more yeah and again we did do that and it ended up being about a five and a half
25:08percent increase in production that was the net and it just didn't and and what's the ground mount
25:16giving you percentage-wise increase so it gives it gives him up to the hundred percent so that he
25:22needs what's the nameplate capacity of the ground mount 4.8 kw 4 800 watts
25:32yep and what's the what does he currently have on the house
25:36what is the current
25:52the other one
26:00it's like 28 pounds
26:02yeah
26:07i believe so 375.
26:14uh 10.5 10.5 kw if you didn't hear that
26:2510.5 kw
26:29this is
26:36it's just one other question i'm just trying to understand this um
26:41this i i think this is the picture of the location right it's right it's mcveigh lane
26:46yes correct right and then you got i think one of these here is the greenhouse greenhouse that's
26:51right what's the shading over in all of this area i'm just trying to understand how that's actually
26:58going to work i see a lot of trees and stuff like that it's just south of that
27:02so it's going to be south of of this
27:06south of the greenhouse it's in an area which is completely open
27:10if i could show this
27:12you can show it
27:13with that okay this is what you need why don't you hold on till you get up there before you no not you sir
27:18okay
27:21okay we should be seeing that up there shortly
27:24yeah
27:26oh yeah
27:28oh yeah
27:30oh yeah
27:31there we go
27:32there we go
27:34there we go
27:36now where is it oh it's this way
27:39okay
27:41see it's right over to the left side of the road there yeah we
27:44colored it orange all right on purpose so he has already done some tree pruning in that area
27:53this array faces almost due south which is the best production for this
27:59so we're going to go through some of these and see if there's any more
28:01Is that a tracking array or just a fixed array?
28:05It's fixed.
28:06Okay.
28:07And what distance is that from the neighbor's yard?
28:13It's 14 feet, one-half inch from the property line,
28:19which is actually further away than what is in the house
28:23and other structure that is further north.
28:28It's up here.
28:29Yeah, the greenhouse is 10 feet away, which is the legal space.
28:36Well, you got Zoning Board of Appeals relief back in July of 26, 2023,
28:42for that greenhouse.
28:43For the greenhouse, that's correct.
28:45Just to make sure, so this is south of what's labeled here as a garage foundation?
28:50Correct.
28:51It's just a foundation.
28:52Mr. McVeigh, you'll need to come up here.
28:55You're going to stay.
28:57And we're going to have to swear you in.
28:59Okay.
29:00You want to raise your right hand, please?
29:02Francis Patrick McVeigh, Jr., July 13, 1943, 1589, Peconic Bay Boulevard, Laurel, New York.
29:10You want to pull that microphone closer?
29:12Okay, I'm sorry.
29:12So we're going to tell the truth, tell the truth, and then the truth will be heard?
29:15I do.
29:16Yeah.
29:17Okay.
29:17What did you have to say?
29:18No, I'm just saying that it's south of the greenhouse.
29:23I'm just an energy guy.
29:24I just like to use as much solar we can in our country.
29:29All right.
29:29I have.
29:29For the structures, they're all solar.
29:32Everything's solar.
29:33I wish I could have wind on it, but I can't have wind.
29:36Right.
29:37Now, I'm not familiar with how hard these are going to be.
29:39Are they hidden from your neighbors?
29:41Totally hidden.
29:43I could show you.
29:44I designed it that way so the neighbors of my...
29:47You can see it right there.
29:48You can see it.
29:49So totally hidden.
29:55It might be easier to see it this way.
29:58So this is...
29:59That's the back.
30:01That's the north side you're seeing right there.
30:03Right.
30:04And the west side the same way.
30:07The only open area is the south side, which is towards my house.
30:10Right.
30:12So I have a follow-up question.
30:15Yes.
30:15So you just stated you have other structures on your property.
30:20Other properties.
30:21Other properties.
30:22Oh, other properties.
30:23Yeah.
30:23Nothing.
30:24I'm a solar person.
30:25I believe in solar.
30:26I believe in solar.
30:27I believe in solar.
30:28And could you just...
30:30The drawing I got originally does not have the array on it, but I have a rough idea of
30:35where it is.
30:36What's the size of the array?
30:37Yeah, but you can show them the picture.
30:39But like, what's...
30:40Not the footprint of the base, but what's the size of that array?
30:444.5 KW is not...
30:4620 by 12, is it?
30:50So it is...
30:51It is...
30:524 times...
30:57It's about 25 feet by 12 feet.
31:00Okay.
31:03Yeah, it didn't have the dimensions there.
31:05It does on this, but they're hard.
31:12Okay.
31:13Okay.
31:16It's 19, 5 1⁄4 by 11, 5 1⁄4.
31:26By 11?
31:29Oh, yeah.
31:30Okay.
31:31What's the 14?
31:32I think it's one in.
31:33Oh, the 14 is...
31:3314 is off the property.
31:34Those are the distances.
31:3514 is from the property line.
31:36Yeah, those are the distances off the property line.
31:39I can help answer that.
31:40So it's roughly 25 by 12.
31:43Okay.
31:43I can help answer that.
31:44You just have to get sworn in.
31:46And is that along the westerly property line?
31:50Yes, it is.
31:51Yes, it is.
31:55And you see...
31:56Is your intention to maintain a vegetative buffer
32:00in proximity to the ground-mounted solar
32:07along the westerly side?
32:10The question was?
32:11I'm sorry, ma'am.
32:13Is your intention to maintain the vegetative buffer
32:17along the westerly side...
32:19Yes.
32:19...in proximity to the solar plant...
32:21More than...
32:22...shielding the neighbor from view?
32:24Totally.
32:24It's totally shielding.
32:25And...
32:26And you'll maintain it that way.
32:27But, sir, let her finish.
32:28You can't keep interrupting each other.
32:31I'm sorry.
32:32That's okay.
32:33And you would agree to maintain...
32:35Yes.
32:35...that vegetative buffer?
32:36Yes.
32:39Anything else?
32:40Anybody else?
32:41You wanted to be heard?
32:43Just to answer the question about the size.
32:45Why don't you get up there?
32:45If you want, sure.
32:49You too, sir, want to raise your right hand?
32:52Swear truth, tell truth.
32:53Swear, tell truth, tell truth.
32:55Tell the truth, tell the truth.
32:55You got it.
32:56I do.
32:56Would you hand out, please,
32:57in a loud, clear voice,
32:58please state your name, your address,
32:59as well as your date of birth.
33:01Michael Lawton, 7470 Sound Avenue,
33:04Mattatuck, New York,
33:06here with Element Energy,
33:07and date of birth, January 4th, 1983.
33:10And what did you want to add?
33:11Just to be able to answer the question
33:13about the size footprint,
33:14I can point that out on the plan set
33:16for you guys, if you like.
33:18That'd be great.
33:18Sure, thank you.
33:19Thank you.
33:24If you sent...
33:26Is it up?
33:26Perfect.
33:37Okay.
33:38There we go.
33:39There you go.
33:40So, overall width is 22 feet 8 inches,
33:44and north to south is going to be 7 foot 6
33:48on that north to south piers spacing.
33:54Let's see.
33:54Is there a cantilever?
33:56So, your total is going to be approximately
34:008 foot north to south footprint.
34:04Okay.
34:04And what's the elevation,
34:06like the maximum elevation?
34:07Because I imagine that the northern portion
34:09is higher than the southern portion.
34:10It is, it is, yeah.
34:11That northern portion won't be higher than,
34:13no more than 8 foot on that high end.
34:18And that is to angle an appropriate southern facing
34:23to get the most solar production out of this.
34:26Really?
34:28Anybody else?
34:31Anybody on Zoom?
34:33Nobody on Zoom?
34:36All right.
34:36Do you have it?
34:41Do that one?
34:42I'll do it.
34:43Do you want to do it?
34:44I'll do it.
34:45All right.
34:49Mr. Chairman, Vice Chairman, with respect to Appeal No. 2024-009,
34:55I move that the appeal of Frank McVeigh, 1589 Peconic Bay Boulevard,
35:01Laurel, Suffolk County Tax Map 600-71-2-32,
35:06Residence B40 Zoning for Variances and or Relief from Chapter 301-15A1A,
35:13where accessory solar structure in Front Yard is not permitted,
35:18be granted subject to maintenance of a vegetative buffer along the westerly side
35:25of the property,
35:25in proximity to ground mount solar to shield adjacent property,
35:33in accordance with the applications and sketches with amendments thereto,
35:37if any, as filed with the building inspector.
35:40I second.
35:40I second.
35:42All right.
35:42Mr. Barnes?
35:44Aye.
35:46Mr. Lissky?
35:46Aye.
35:47Aye.
35:48And I vote aye.
35:49It's granted.
35:50You've done this dance before.
35:52You know what to do, right?
35:53Pardon me?
35:53It's granted.
35:54You've done this before.
35:55You know what happens next, right?
35:57What to do next?
35:58What's next?
36:00You know the paperwork that's involved after this?
36:01You've done this before, right?
36:04Yeah.
36:05Yeah.
36:05Good luck.
36:06Thank you.
36:07Thank you.
36:07Thank you.
36:07Take care of yourself.
36:08Appreciate it.
36:10All right.
36:11With respect to the minutes of last board meeting of March 24th,
36:16do you want to approve?
36:18So moved?
36:18March 14th, yes.
36:20Second.
36:21Second.
36:22All right.
36:22I approve.
36:23Aye.
36:23Mr. Barnes, do you approve?
36:25Aye.
36:26I approve.
36:27Aye.
36:27And the next meeting is...
36:29Good night.
36:30The next meeting is April 11th, 2024.
36:33I'm going to adjourn until then.
36:35So moved?
36:36All right.
36:37Aye.
36:38Second.
36:39Good night, Mr. Barnes.
36:41Mr. Barnes, you're looking lovely.
36:42Good night.
36:42April 15th, huh?
36:42Thank you so much.
36:44It was good seeing everyone.
36:48Bye.
36:50Adjourned.
36:51Yeah, adjourned.
36:55Bye.
36:57Thank you.

Full Transcript

Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. I do. Loud, clear voice. Please state your name and your address. My name is David Morgenstern, born May 20, 1953. How can we help you? I'm sorry? How can we help you? 24 Birch Lane, Waiting River. How can we help you? We own the house to the other side. I would tell you our house is about 1,600 square feet. I don't think there are any houses on the block that are more than about 2,000 square feet. This is a large house on a small piece of property. I'm concerned about the closeness to our property line. Something about here, about 15 feet from the property line. The opposite side. So how close are we? So just so we understand, this is not a colloquy between the two of you. Okay. Okay. Is there something else you want to add? I'm sorry? Is there something else you want to add? Yes. Also. I'd love to see a layout of the four sides of the property also. Is it possible to see that? Layout? What do you mean by layout? As far as the footprint of the house. Yeah. You have this survey. Yeah. Is that available? Yeah. Tracy, can we put that on the table and zoom it up on the screen for the gentleman? Tracy, we can use one. Yeah, I have one right here. Yeah, we all have one. Yeah. Yeah. You got it? Okay. Okay.

So you got that?

Can you see that, sir? Okay. So as I'm looking at this, the driveway would be on the right-hand side of the house. Looking at the house? Looking at the house? That's what it looks like, right? That's your property, right? Right. Sir, actually, you can come up to the table, and you can point to ... Because there's a microphone now that we'll be able to hear you. Okay. You can sit. You can sit.

Okay. And the ... This would be the ... This is the garage right here. It's opposite, so I'm trying to get used to this. Okay. And this would be ... This would be 35 feet to the property line. From my property line? Yes, correct. Okay. And how far back is the garage from the street? This is 30 feet, and the house itself is closer to 50 feet, but the garage is 50 feet. I see. So it's an L-shaped ... It's sort of L-shaped, correct. It goes from here across, and that's the L. Okay.

And like I said, we plan on putting privacy bushes here. And all through over here and across the back. So, you know, this way in case anyone feels that we're too close. I mean, I understand it's a small piece of property, but there's not really much bigger pieces available, you know, so unfortunately. And we love the area. We live right two streets away. So, but like I said, the privacy bushes would be all around the areas and even across some of the front, so. And the gentleman, they told you the property is adopted. So, you know, we're going to have to see if we can get it. And we're going to have to see if we can get it. And we're going to have to see if we can get it. Did you say doctor? Yeah. Is that ... He's a doctor? He's a retired doctor. I wasn't sure what he was living in. His house itself, I mean, I don't know what the sale is, but, you know, it's over here somewhere. He had a shed on that. Is that what he had? No, that's what I assumed, because that's what it looked like. It looked like it was a base for like a shed. I believe he moved it when he put the property up for sale. Right. He moved the shed. So, I'm just ... I plan on removing that slab so that way, you know, it's not ... Anything else, sir? Anything else? Anything else? Go ahead. Ma'am, ma'am, ma'am, ma'am. You want to raise your right hand, please? Sure. Hi. Geraldine Morgenstern. So, we're going to tell you a total truth, not a true truth. Yes, I do. Would you hand down, please, and loud and clear voice, please state your name and your address. Geraldine Morgenstern, 24 Birch Lane in Wading River. Was that your husband? Yes, that's my husband. Okay. Okay. My question is where the driveway is. Okay. You're saying that's 34 feet from our ... Correct. According to this, right here, it's just 34 feet right there. From that point of the house to the edge of the property. Okay. Now, the garage. Right. You said it's a two- Right. There would be two. There would be a car here and one there. Okay. Okay. So ... Because there is a street. Right now, that street is not being utilized, that part of Birch Lane. It's more like a flag lot for the gentleman that lives across the street, Matthew? Yes. He uses that as his driveway? Yes, he does. So, is that ... There are going to be a road there now, continued? I believe ... As of now, there is not. Because of where my driveway lies and the asphalt ends about here, I believe ... I'm just going to repave this so it's nice and clean and presentable as far as the rest of the road. I don't believe that Matt ... I haven't spoken to the homeowner across the street about it, but no. Well, it would be the towns, because that's a new road. That road is not utilized. Let's consider the town now, and it's not paved, so I'm not sure why that's the situation. But either way, it would be- That's town property. Right. Right. So, I would- We own it. It won't be paved. Right. So, that's ... The distance between the driveway, edge of the driveway and our property. Not the house, but the edge of the driveway. Question two. I'm not sure why that's the situation. Right. So, I would ... There would be at least three to five feet of property that I could plant, privacy bushes, et cetera. Okay, because our driveways are right close to that. Well, yeah. You have a detached garage, and it's definitely closer to the border. The distance between our driveway and your driveway is probably only about 10, 15 feet. I didn't do the measurements, but I don't know that. I don't know. I think that's what we were trying to find out. Right. But either way, I would have it all separated with privacy bushes. Okay. So, I would have to make a decision on the question of the garage. I don't know why. Will that be facing the road? Or would that be facing our house? The doors would be facing the house to the right. That's our property? Facing our property. Right. The doors themselves. The front of the house would be windows and we'd have shades in them so that way it didn't look ... I'm not worried about your shades. Okay. I just ... We were just concerned how this house sat on the property. Right. So, it looks like you have a side garage there and the front door is facing ... The front door would be right here. Okay. So, I would have to make a decision on that. I don't know why that's the case. I don't know why that's the case. this house sat on the property right so it looks like you have a side garage there and the front door is the front door would be right here okay with the covered porch yes correct okay you indicated you put up privacy bushes i am putting privacy bushes entire perimeter of the house okay my only concern was like getting in and out of the driveway that way so well it wouldn't change from what you're doing now not me like for me you going past there because there's not a lot of places to park and i know a lot of people right well the driveway is big enough to turn i'm not worried about your parking i'm just saying in general that you know when people come in and perhaps the mailman like right they're going to go down that street as you know it's very rough down there i'm assuming that he goes i don't know how far he goes to get to because there's another house further down that's why it's already been established so i don't know how far he goes down for that house he doesn't go down at all uh okay i don't i'm not aware of that how i don't know if anybody knows how it is right now it's very very rough the uh there the road barely goes down that road as you said the neighbor here and then it's gravel the rest of the way give me just just for your information all of us have visited that location oh you have oh okay so you understand uh you know the questions of where the road is going to be and traffic going down that way right perhaps like something like that okay that's really what we were concerned about and how close it was to our property okay are you satisfied so i'm okay that's really what we were concerned about and how close it was to our property okay are you satisfied now so yeah i'm not sure if you're satisfied with that i'm not sure if you're satisfied with that i'm not sure if you're satisfied with that i'm not sure if you're satisfied with that my questions have been answered okay can i ask you sure if uh the applicant agreed and the zoning board required that he plant a vegetative buffer uh would that uh resolve some of your concerns or issues that's you know a personal thing planting bushes things like that i think our main concern was the proximity to our driveway and for instance the mail truck coming around and A lot of trucks pull in our driveway if they go to our neighbor's house or back in and out of our driveway. So I guess that was one of our concerns. All right. Anybody else wish to be heard on this? Thank you. Thank you.

How are you, sir? I want to raise your right hand, please. This way, tell the truth, tell the truth, don't go to truth. How are you going? I do. Would you hand out, please, and allow to play a voice, please state your name and your address and your date of birth. Bonvison Matthew E., December 19, 1973, 16. Excuse me, can you raise the mic? Sorry. Thank you. Bonvison Matthew, date of birth, December 19, 1973, and I'm 16 Birch Lane, Waiting River. So I'm the other side. He would be over here in this area right here. There's a house right here on the other side. I'll put it this way. Right here. Is this gentleman's home? Yes. Is that accurate? Yes. Okay. So I'm actually partially standing here to get finally a good look at it. And my concerns were very similar to Dave and to Jerry on proximity as well as just the privacy. And I've got my own planting that I've got to do. So, John, are you saying also when you're talking about vegetation around. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Really to the garage face and the house itself is is closer to 50. Well, yeah, I don't remember. I don't recall what this number is from there to there, but it's over ten less than 30. You know, I mean, I don't know. 50, 12 feet. I don't something says 14 to. Yeah. Okay. So that would be 34 feet. It'll be another 34 feet in the front. Any else? No, no, sir. Thank you. Satisfied? Yes. Okay. Anybody else? Anybody on Zoom? No. Okay. So, Mr. Chairman, with respect to appeal number 2024 to zero zero eight, I move that the appeal of Dorothy DeFranco, Birch Lane, Weeding River, second county tax map. Suffolk County tax map number six hundred there's thirty three to five to twenty two in residence B80 zoning for variances and or relief from Chapter three or one to thirty one where proposed front yard setback is 30 foot where minimum allowed a 60 foot chapter three oh one there's 31 where proposed side yard setback of fifty three fifty three point three foot where minimum allowed is 30 foot chapter three oh one there's 31 were proposed combined side yard setback 49point three foot where minimum allowed a sixty five foot chapter three oh one there's 31 where proposed rear yard setback is thirty six foot where minimum allowed a seventy five foot in chapter three oh one there's where proposed impervious surface coverage is 34.5%, where maximum allowed is 15%, be granted with the provision that privacy bushes be planted around the perimeter and that the slab indicated in the survey be removed. Hereby be granted in accordance with the applications and sketches with amendments thereto, if any, filed with the building inspector. Second. Second. Aye. Aye. Motion. Aye. And response? Aye. Aye. And I vote aye. It's granted. Good luck to you. Drive carefully. Stay dry. Thank you very much. Good night, ladies and gentlemen. Okay. PL 2024-009. Thank you. Thank you. Thank you. And I vote aye. It's granted. Good luck to you. Good luck. Drive carefully. Stay dry. Thank you very much. Good night, ladies and gentlemen. Okay. PL 2024-009. Frank McVeigh. 1589 Connick Bay Boulevard, Laurel. Suffolk County Tax Map Number 600-71-2-32. Residence B40, RB40 zoning. Proposed ground-mounted solar. Applicant requests variances. Ender relief from Chapter 301. !15-1-15A1A where accessory structure or solar in the front yard not permitted. Who's here on this? One at a time. Good evening, sir. Good evening. Raise your right hand, please. Should I tell the truth, tell the truth, and then the truth's up, you got? I do. If you can't, please allow clear voice. Please state your name, your address, and your date of birth. My name is Fred Azar. Fred Azar with Element Energy Solar, 7470 Sound Avenue, Mattituck, New York, 11952. Date of birth is 8-24-61. And how do you spell your last name? A-Z-A-R. How can we help you? So we're here tonight to review and request permission for the variance for the solar array to be constructed in the front yard of 1589. Connick Bay Boulevard. Mr. McVeigh's residence. We've installed a number of years ago, we installed roof mounted solar. And since that installation has been working very well for him, he has added a swimming pool with electric heat. So causing his power usage to increase. So this is a small array. It's a 12 panel system. Situated on the side of the building. And it's a 12 panel system. And it's a 12 panel system. And it's a 12 panel system. And it's a 12 panel system. And it's a 12 panel system. And it's a 12 panel system. And it's a 12 panel system. And it's a 12 panel system. front of his property that has both the very very good screening all the way around from the front you can't see it from the road you won't be able to see it from either name either side neighbor and there's simply no room whatsoever behind the house because it's it gets right into the the conic bay wetlands how long ago were the solar panels put on the house 2016 2015. so you would agree there's been a lot of advances in solar technology correct there is but he did get the the latest and the to to change out what's on his roof to give him that additional would only amount to be between five and seven percent so this is in addition to those panels correct so uh do you have the utility proof of utility bills of what's generated of what's generated what's generated from the house and pool the utility bills for what he's using now correct we do have i don't have them with me but we do have them yes okay and so pseg only allows us to design and install a system that will produce no more than 110 percent of his historical needs so that's within this right i'm very familiar with that and i think that's an excellent point and i think that's an excellent me with that that's why i asked okay i got you um is there any other uh location on the house or closer to the house for these solar panels so we looked uh obviously we looked at the entire property and the front of his house does face north and with the pitch of his roof it just takes it below the minimum solar standards for an installation on that roof he would be happy to do it if it if it would produce because he's he's he's not he doesn't care too much about the uh the look of solar on his roof obviously he's got the entire back of his property covered so did you investigate switching out one or two of the panels on the roof because now the panels have the ability to generate far more yeah and again we did do that and it ended up being about a five and a half percent increase in production that was the net and it just didn't and and what's the ground mount giving you percentage-wise increase so it gives it gives him up to the hundred percent so that he needs what's the nameplate capacity of the ground mount 4.8 kw 4 800 watts yep and what's the what does he currently have on the house what is the current

the other one it's like 28 pounds yeah

i believe so 375.

uh 10.5 10.5 kw if you didn't hear that

10.5 kw this is ! it's just one other question i'm just trying to understand this um this i i think this is the picture of the location right it's right it's mcveigh lane yes correct right and then you got i think one of these here is the greenhouse greenhouse that's right what's the shading over in all of this area i'm just trying to understand how that's actually going to work i see a lot of trees and stuff like that it's just south of that so it's going to be south of of this south of the greenhouse it's in an area which is completely open if i could show this you can show it with that okay this is what you need why don't you hold on till you get up there before you no not you sir okay okay we should be seeing that up there shortly yeah oh yeah oh yeah oh yeah there we go there we go there we go now where is it oh it's this way okay see it's right over to the left side of the road there yeah we colored it orange all right on purpose so he has already done some tree pruning in that area this array faces almost due south which is the best production for this so we're going to go through some of these and see if there's any more Is that a tracking array or just a fixed array? It's fixed. Okay. And what distance is that from the neighbor's yard? It's 14 feet, one-half inch from the property line, which is actually further away than what is in the house and other structure that is further north. It's up here. Yeah, the greenhouse is 10 feet away, which is the legal space. Well, you got Zoning Board of Appeals relief back in July of 26, 2023, for that greenhouse. For the greenhouse, that's correct. Just to make sure, so this is south of what's labeled here as a garage foundation? Correct. It's just a foundation. Mr. McVeigh, you'll need to come up here. You're going to stay. And we're going to have to swear you in. Okay. You want to raise your right hand, please? Francis Patrick McVeigh, Jr., July 13, 1943, 1589, Peconic Bay Boulevard, Laurel, New York. You want to pull that microphone closer? Okay, I'm sorry. So we're going to tell the truth, tell the truth, and then the truth will be heard? I do. Yeah. Okay. What did you have to say? No, I'm just saying that it's south of the greenhouse. I'm just an energy guy. I just like to use as much solar we can in our country. All right. I have. For the structures, they're all solar. Everything's solar. I wish I could have wind on it, but I can't have wind. Right. Now, I'm not familiar with how hard these are going to be. Are they hidden from your neighbors? Totally hidden. I could show you. I designed it that way so the neighbors of my... You can see it right there. You can see it. So totally hidden.

It might be easier to see it this way. So this is... That's the back. That's the north side you're seeing right there. Right. And the west side the same way. The only open area is the south side, which is towards my house. Right. So I have a follow-up question. Yes. So you just stated you have other structures on your property. Other properties. Other properties. Oh, other properties. Yeah. Nothing. I'm a solar person. I believe in solar. I believe in solar. I believe in solar. And could you just... The drawing I got originally does not have the array on it, but I have a rough idea of where it is. What's the size of the array? Yeah, but you can show them the picture. But like, what's... Not the footprint of the base, but what's the size of that array? 4.5 KW is not... 20 by 12, is it?

So it is... It is... 4 times... 6. It's about 25 feet by 12 feet. Okay.

Yeah, it didn't have the dimensions there. It does on this, but they're hard.

Okay. Okay.

It's 19, 5 1⁄4 by 11, 5 1⁄4. By 11? Oh, yeah. Okay. What's the 14? I think it's one in. Oh, the 14 is... 14 is off the property. Those are the distances. 14 is from the property line. Yeah, those are the distances off the property line. I can help answer that. So it's roughly 25 by 12. Okay. I can help answer that. You just have to get sworn in. And is that along the westerly property line? Yes, it is. Yes, it is.

And you see... Is your intention to maintain a vegetative buffer in proximity to the ground-mounted solar along the westerly side? The question was? I'm sorry, ma'am. Is your intention to maintain the vegetative buffer along the westerly side... Yes. ...in proximity to the solar plant... More than... ...shielding the neighbor from view? Totally. It's totally shielding. And... And you'll maintain it that way. But, sir, let her finish. You can't keep interrupting each other. I'm sorry. That's okay. And you would agree to maintain... Yes. ...that vegetative buffer? Yes. Anything else? Anybody else? You wanted to be heard? Just to answer the question about the size. Why don't you get up there? If you want, sure. You too, sir, want to raise your right hand? Swear truth, tell truth. Swear, tell truth, tell truth. Tell the truth, tell the truth. You got it. I do. Would you hand out, please, in a loud, clear voice, please state your name, your address, as well as your date of birth. Michael Lawton, 7470 Sound Avenue, Mattatuck, New York, here with Element Energy, and date of birth, January 4th, 1983. And what did you want to add? Just to be able to answer the question about the size footprint, I can point that out on the plan set for you guys, if you like. That'd be great. Sure, thank you. Thank you.

If you sent... Oh. Is it up? Perfect.

Okay. There we go. There you go. So, overall width is 22 feet 8 inches, and north to south is going to be 7 foot 6 on that north to south piers spacing. Let's see. Is there a cantilever? So, your total is going to be approximately 8 foot north to south footprint. Okay. And what's the elevation, like the maximum elevation? Because I imagine that the northern portion is higher than the southern portion. It is, it is, yeah. That northern portion won't be higher than, no more than 8 foot on that high end. And that is to angle an appropriate southern facing to get the most solar production out of this. Really? Anybody else? Anybody on Zoom? No. Nobody on Zoom? No. All right. Do you have it?

Do that one? I'll do it. Do you want to do it? I'll do it. All right. Mr. Chairman, Vice Chairman, with respect to Appeal No. 2024-009, I move that the appeal of Frank McVeigh, 1589 Peconic Bay Boulevard, Laurel, Suffolk County Tax Map 600-71-2-32, Residence B40 Zoning for Variances and or Relief from Chapter 301-15A1A, where accessory solar structure in Front Yard is not permitted, be granted subject to maintenance of a vegetative buffer along the westerly side of the property, in proximity to ground mount solar to shield adjacent property, in accordance with the applications and sketches with amendments thereto, if any, as filed with the building inspector. I second. I second. All right. Mr. Barnes? Aye. Mr. Lissky? Aye. Aye. And I vote aye. It's granted. You've done this dance before. You know what to do, right? Pardon me? It's granted. You've done this before. You know what happens next, right? What to do next? What's next? You know the paperwork that's involved after this? You've done this before, right? Yeah. Yeah. Good luck. Thank you. Thank you. Thank you. Take care of yourself. Appreciate it. All right. With respect to the minutes of last board meeting of March 24th, do you want to approve? So moved? March 14th, yes. Second. Second. All right. I approve. Aye. Mr. Barnes, do you approve? Aye. I approve. Aye. And the next meeting is... Good night. The next meeting is April 11th, 2024. I'm going to adjourn until then. So moved? All right. Aye. Second. Good night, Mr. Barnes. Mr. Barnes, you're looking lovely. Good night. April 15th, huh? Thank you so much. It was good seeing everyone.

Bye. Adjourned. Yeah, adjourned.

Bye. Thank you.