May 23, 2024 — Zoning Board of Appeals

Zoning Board Meeting

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0:00Thank you.
0:30Thank you.
1:00Thank you.
1:30Yeah, I'll read the motion.
1:32I move that the appeal of HK Ventures, originally granted June 8, 2023, have an expiration date of June 8, 2024, be extended for the period of one year, thus expiring June 8, 2025, for variances and or relief from Chapter 301-123A, where proposed impervious surface coverage is 60.72% of the total lot area, and maximum permitted is 60%,
1:58and where proposed building...
2:00The building height is 35 feet, the center line of roof peak, and the maximum is 30 foot.
2:05Second.
2:06Mr. Barnes.
2:07Aye.
2:08Mr. Godzilla.
2:09Aye.
2:09Mr. Zawieski.
2:10Aye.
2:11Mr. Porchetta.
2:12Aye.
2:12And I vote aye.
2:13So that has been granted.
2:15Second extension is for appeal 2021-015, James Hogue, Roanoke Avenue, Riverhead.
2:24This is his third and final one-year extension, expiring May 27, 2015.
2:30So Mr. Chairman, with respect to appeal number 2021-015 of James Hogue, I move that the appeal of James Hogue, originally granted May 27, 2021, with first extension granted on May 27, 2022, and second extension granted on May 27, 2023, thus expiring on May 27, 2024, for variances and or relief from Chapter 301, Section 84, where existing lot is 14,250 square feet.
2:57Thank you.
2:58Thank you.
2:59Thank you.
2:59Thank you.
2:59Thank you.
2:59Thank you.
2:59Thank you.
2:59Thank you.
2:59Thank you.
3:00Thank you.
3:0240,000 square foot where proposed floor area ratio is 1.56 and maximum permitted is 1.50.
3:09Where proposed front yard setback is 25 foot and minimum required is 50 foot be extended for the
3:16period of one year, third and final extension, thus expiring on May 27th, 2025. Second. Mr. Barnes.
3:23Aye. Mr. Godzilla. Aye. Mr. Zaweski. Aye. Mr. Porchetta. Aye. And I vote aye. So that extension has been granted.
3:30We'll go into the public hearings. Ann Marie, should we just go right into the Church of the
3:36Harvest? Yes. So with respect to the Church of the Harvest, it was adjourned from April 11th of 2024.
3:46I had an opportunity to meet with Sewer District Superintendent Michael Reichel,
3:53Charles Cuddy, attorney for the applicant, plus the pastor and another
4:00representative from the church. And I had an opportunity to meet with the church. And I had an opportunity to meet with the
4:00representative from the church. And I had an opportunity to meet with the church. And I had an opportunity to meet with the
4:30stemming from the front of the property and extending 225 feet back,
4:35essentially a straight line.
4:38So I think somebody has that.
4:41I do.
4:42So I think we're ready to actually grant the appeal.
4:47So I move that the appeal of the Church of the Harvest at 572 Rainer Avenue,
4:52Riverhead, Suffolk County tax map number is 123-1-27.
4:57It's located in the Residence A40 District.
5:02The variance and relief from Chapter 301-9A1C,
5:07where the proposed side back for the accessory building is 4.2 feet
5:11and the minimum required is 20 feet,
5:14and 301-11, where the proposed impervious service coverage is 55%,
5:19and the maximum permitted is 15%, be approved subject to the following conditions.
5:25The applicant shall remove all,
5:27including the property that is in the area of the residence A40 district,
5:27and the performance improvements located within the driveway,
5:30rear patio entrance attached to and located on the southeasterly side of the frame church,
5:36and wood ramp located on the southerly side of a one-story frame house,
5:41and obtain a building permit or permits to undertake said construction activities
5:46required to restore the driveway access serving said structures
5:51to a minimum of 10-foot-4 inches in some areas and 8-foot-4 inches
5:57in other areas and secure the necessary easement for the use of approximately 14 feet within
6:03225 feet length from the riverhead sewer district together with a license agreement to utilize an
6:10area approximately 50 foot in width and 90 feet for parking area to serve parishioners of the
6:17church all subject to resident building permits and approvals of the fire marshal council to the
6:24zoning board and council to the planning board to the extent that the applicant secures the
6:31necessary easements and license agreement applicant must modify the plan to clearly
6:37depict property boundaries of the applicant parcel and sewer district owned parcel
6:43depicted the length width area of such easement and license agreement together
6:49with such other survey modifications required to accurately reflect the application
6:54and
6:54and relief requested in accordance with the applications and sketches with the amendments
7:00thereto if any as filed with the building inspector second mr mr porsche
7:10i'm going to support aye my second uh mr zaweski aye mr godzilla aye mr barnes aye
7:17and i vote eyes for the variance has been granted good luck
7:24tracy do we have anybody on zoom in the waiting room we have two people on okay
7:31do you want me to read the next one in all right so we have appeal number 2024-007
7:38marta campos 91 fire lane in waiting river suffolk county taxment number 600-58-2-3
7:46residents b80 zoning to legalize an 11 by 12 foot gazebo applicant requests
7:52very variance and or relief
7:54from chapter 301-29a1c where proposed rear accessory setback is 5.1 feet and the minimum
8:03required is 20 feet someone here to uh anybody here for this yes step up to the uh podium
8:16tracy the last this matter was adjourned from april 11th and uh i believe
8:24uh you are now satisfied with the affidavit of posting and the certified mailings yes so
8:32uh miss campos provided me with the certified uh you know green cards for the certified mailings
8:38and the affinity affidavit of posting and mailing and also provided pictures showing that the
8:42property was posted great i'm just going to lower the microphone so we can hear thank you were you
8:51sworn in the last time
8:52Yes.
8:53Okay.
8:54You still have the .
8:55Go ahead.
8:56Okay.
8:57Go ahead.
8:58Are you going to help her present?
9:02So describe to us the structure, where you located it, and what relief you're looking
9:12for from the Zoning Board of Appeals.
9:18It's a gazebo, correct?
9:20Yes.
9:21And can you describe it?
9:23What is it made out of?
9:25We made it in the back of my house, maybe only for the summer, to use only for the summer,
9:36to stay there, take a coffee or dinner, something like that.
9:41Is it made of ... Does it have metal legs and made of material covering?
9:49Yes.
9:50Is this it?
9:52Yeah.
9:53Yeah.
9:54And it's wood?
9:55Counselor, would you like to see some pictures?
9:56Yes.
9:57Wood.
9:58How about we write them down to Anne Marie?
9:59Place it on the table.
10:00It looks like something you get in BJ's.
10:05It's like a ... But it looks ... Did your husband make that, or did you have that built
10:10by somebody?
10:11Yeah.
10:12Okay.
10:13It looks nice.
10:14No walls either, right?
10:15No walls.
10:16No walls.
10:17No, it's just a cover.
10:18Oh, no, no.
10:19It's just a cover.
10:20All right.
10:21We're just going to let it go on the screen so everybody can see it.
10:27We got one there.
10:31Oh, yeah.
10:33It's down there.
10:35No, I saw it.
10:37Here it is.
10:39Anybody on Zoom today?
10:41We have two people on Zoom.
10:45Does anyone on Zoom want to speak on the ...
10:47Yeah.
10:48Yeah.
10:49Yeah.
10:50Really?
10:51Really?
10:52Apparently not.
10:53Anybody else?
10:55Anybody opposed?
10:56All right, Mr. Chairman, respectfully moved that this is appeal number 2024-007.
11:08I move that the appeal of Martha Campos, 91 Fire Lane, Wading River, SCTM number 600-58-2-3,
11:17!B80, RB80 zoning, for variance and or relief from Chapter 301-29A1C, where accessory setback
11:305.1 feet, minimum permitted is 2.9 feet, be approved subject to the following.
11:36The applicant shall not be permitted to construct walls or otherwise enclose or box in the gazebo
11:42structure.
11:43And the applicant shall not use the gazebo for habitable storage.
11:47space to its sleeping or living quarters.
11:49And this is in accordance with the applications and sketches.
11:53Remembrance there to if any is filed with the building inspector.
11:56Second.
11:57Mr. Barnes.
11:58Aye.
11:59Ms. Guzzillo.
12:00Aye.
12:01Zawieski.
12:02Aye.
12:03Mr. Portia.
12:04Aye.
12:05And I vote aye.
12:06So your variance has been granted and good luck.
12:08Thank you, .
12:09We're finished?
12:10Yes.
12:12Approved.
12:17Okay.
12:20Next up we have appeal number 2024-011, Dylan Marzek,
12:2541 Cliff Road East, Wading River,
12:28Suffolk County tax number 600-27-3-93,
12:33residents B80 zoning,
12:34for a proposed addition and covered front porch.
12:37The applicant requests variances and or relief
12:40from chapter 301-31,
12:42where proposed front yard setback is 15.4 feet
12:45and the minimum required is 60 feet,
12:47and where the proposed side yard
12:48abutting the side street setback is 14.3 feet
12:51and minimum required is 60 feet.
12:54Are you a lawyer, sir?
12:56No, I'm not.
12:56Please raise your hand.
12:57Do you solemnly swear to tell the truth,
12:59the whole truth, nothing but the truth,
13:01so help is gone?
13:02I do.
13:03Please state your name and your address.
13:05My name is Tim Jordan,
13:069 Flamingo Drive, Smithtown, New York, 11787.
13:11Here today representing Dylan Marzek.
13:15He is presently here
13:16for any questions should you have,
13:19along with his father and his girlfriend.
13:22Dylan recently purchased a house.
13:25His aunt and uncle have lived there for over 20 years.
13:30The house was too small for them.
13:32They bought the house next door
13:34and sold Dylan the house,
13:35and his intentions upon purchasing the house
13:39were to renovate it to make it somewhat more livable.
13:43It's a tiny house, 32 feet,
13:4622 by 20.
13:47It currently has a garage where you have to dip into it,
13:54and it's pretty much useless.
13:55He can't even put his truck down there,
13:58but it would be good for, say, a sit-down mower.
14:02So we designed a second floor addition,
14:06also going over that,
14:08so that he could have a roofed-over area
14:11and still be able to access any machinery
14:14that he needs to use.
14:15So he can have a roofed-over area, and still be able to access any machinery
14:16that he needs to use.
14:16So he can have a roofed-over area, and still be able to access any machinery
14:16that he may need to maintain his property.
14:20Will you have to change the grade?
14:23At this point, we would.
14:26He does have plans to do a little bit of backfilling.
14:29Okay.
14:30Only so that he can navigate getting equipment in and out of there.
14:36He's going to keep using it somewhat as a driveway.
14:42That's his only means to get there for now.
14:44But primarily, the house is so tiny,
14:48he just wants to bring the two bedrooms up to the second floor
14:52and open it up so he can have a proper dining room,
14:55kitchen, and living room.
14:57They're all tiny up there.
14:59All the houses are small.
15:01Your porch is going to be open, right?
15:03I'm sorry?
15:04Your porch is going to be open.
15:06I'm sorry, yes, as well as proposed front porch,
15:09which, if not for the non-conforming lot,
15:13it would have been a permissive.
15:14It would have been a permitted encroachment.
15:16So the original square footage was 640 square feet,
15:20and now it will be what?
15:261,756.
15:34And I'm sure you've been to the site.
15:38There's a screening of some rather large trees.
15:42It's a beautiful entranceway going in there.
15:44So this renovation pretty much will not be seen from the street
15:47as long as those trees are maintained
15:50and the screening is provided,
15:53which is a nice, as far as the character of the neighborhood,
15:58with driving in there.
15:59So those, to my knowledge, are not going to be disrupted
16:04with the exception of the encroachment of the addition.
16:09Okay.
16:10Is there anyone out there that wants to speak on this variance?
16:13Is anybody on Zoom?
16:16No one.
16:17Mr. Chairman, on appeal number 2024-011,
16:21I moved that the appeal of Dylann Muzzy,
16:2441 Cliff Road East, Wading River,
16:27SCTM number 600-27-3-93,
16:31residents B80, RB80 zoning,
16:34for variance and or relief from chapter 301-31,
16:38with proposed front yard setback is 15.4 feet,
16:42and the minimum required is 60 feet,
16:45and where proposed side yard,
16:47a budding side street setback is 14.3 feet,
16:51and the minimum required is 60 feet,
16:55be approved in accordance with the applications and sketches
16:58with amendments there to, if any,
17:00as filed with the building inspector.
17:02Second.
17:03Mr. Barnes.
17:04Aye.
17:05Mr. Gazzillo.
17:06Aye.
17:07Mr. Zaweski.
17:08Aye.
17:09Mr. Forsher.
17:10Aye.
17:11And I vote aye.
17:12Thank you very much.
17:13Thank you.
17:14Good luck.
17:15Thank you.
17:16It's a nice area.
17:21Lastly, we have appeal 2023-042,
17:26Hinshaw-Yuzapak,
17:283 Taconic Court, Wading River,
17:30Suffolk County tax map number 600-115-1-10.17,
17:36residents B80 zoning,
17:38to legalize a carport 24 feet by 41 feet,
17:42the applicant requests variances and or relief
17:45from chapter 301-29A1B,
17:49where accessory side street setback is 13.2 feet,
17:53and a minimum of 60 feet is required.
17:56Chapter 301-29A1C,
17:59where accessory rear setback is 15.5 feet,
18:03and a minimum of 20 feet is required.
18:06Chapter 301-29A1C,
18:08where existing setback for Jacuzzi is 5.8 feet,
18:11and a minimum of 20 feet is required.
18:13And chapter 301-31,
18:15where impervious surface coverage is 46.5%,
18:18and a maximum of 15% is permitted.
18:21And this was remanded back to the building department
18:24from the September 14th, 2023 zoning board meeting.
18:27Are you returning?
18:29I am not.
18:30What's your name?
18:31Amy DeVito.
18:32Do you solemnly swear to tell the truth,
18:34the whole truth,
18:35and nothing but the truth,
18:36so help you God?
18:37I do.
18:38Thank you.
18:39Thank you.
18:40And please state your name and address.
18:42Amy DeVito,
18:43Woodhull Expediting,
18:44with offices at 800 Veterans Memorial Highway,
18:46Hoppog, New York.
18:47Good evening, Mr. Chairman and members of the board.
18:49Good evening.
18:50We are here to legalize a few structures,
18:52as you just heard from Tracy.
18:54So we are here to legalize a partially constructed carport.
18:57And I just want to clarify,
18:59we're calling it a carport because this is like a prefab structure.
19:03We're not calling it a carport.
19:05We're calling it a carport because it's a carport.
19:07And we're calling it a carport
19:08because it's a carport.
19:09So there is a space in the carpoint structure
19:11that is built by the company it's purchased from.
19:14So my client is not going to be using it as a carpoint.
19:17He's going to be using it as a storage building.
19:19I just wanted to clarify that.
19:21It's 24 feet by 41 feet.
19:24We also have a hot tub that we're legalizing.
19:28The variances that we're requesting are for a setback
19:33from the side street and then a rear yard setback
19:37for the carpoint,
19:38or storage building,
19:39WE ALSO ARE REQUESTING A VARIANCE FOR THE HOT TUB AT 5.8 FEET WHERE A MINIMUM OF 20 FEET IS
19:47REQUIRED AND THEN LASTLY A VARIANCE AT 46.5 FEET FOR MAXIMUM IMPERVIOUS SURFACE AND OR LOT
19:56COVERAGE WHERE 15% IS PERMITTED. I JUST WANT TO POINT OUT TO THE BOARD THAT THE STRUCTURES WE'RE
20:04LEGALIZING ARE JUST THE PARTIALLY FRAMED STORAGE BUILDING AND THE HOT TUB. ALL OTHER
20:10STRUCTURES ON THE PROPERTY HAVE BEEN LEGALIZED PREVIOUSLY TO MY CLIENT PURCHASING. SO WHILE WE
20:17ARE AT 46.5% MAXIMUM COVERAGE, THE ONLY ADDED SQUARE FOOTAGE TO THAT IS THE PARTIALLY FRAMED
20:28STORAGE BUILDING AND THEN THE HOT TUB. SO THE DIFFERENCE, I'M NOT SURE WHAT THE DIFFERENCE IS
20:34AS FAR AS PERCENTAGE, BUT THESE STRUCTURES HAVE ALL EXISTED FOR QUITE SOME TIME. AND AGAIN, ARE
20:40CERTIFIED. I HAVE SUBMITTED SOME PHOTOS FOR THE BOARD TO SEE. YOU CAN SEE ON THE SCREEN THE
20:46BUILDING THAT WE'RE TALKING ABOUT. IT WAS BEGINNING TO BE CONSTRUCTED IN AROUND 2022 AND THEN
20:52MR. USAPOV WAS APPROACHED BY TOWN OF RIVERHEAD AND ASKED TO STOP. I BELIEVE HE GOT A STOP WORK
20:59ORDER. SO IMMEDIATELY CEASED ALL CONSTRUCTION. SO IT'S BEEN JUST SITTING THERE FOR A LONG TIME.
21:04AND IT'S BEEN FRAMED FOR SOME TIME. WE HAD GONE BACK AND FORTH WITH ANDREA SOFOLOKIS FROM THE
21:10BUILDING DEPARTMENT TO MAKE SURE WE HAD ALL OF THE REQUIRED VARIANCES IN ORDER. WE WERE ORIGINALLY
21:15SUPPOSED TO BE HEARD BY THIS BOARD A FEW MONTHS BACK. BUT THEN ADJOURNED IT BECAUSE WE REALIZED THE
21:19HOT TUB HAD TO BE ADDED AND THERE WAS JUST A COUPLE OF THINGS THAT NEEDED TO BE CLARIFIED WITH LOT
21:23COVERAGE. SO WE ARE NOW IN A POSITION TO BE BEFORE YOU TO DISCUSS THESE VARIANCES. IN ADDITION TO
21:30THE PHOTOS THAT WE HAVE, I HAVE A PACKET HERE WHICH WOULD TAKE A VERY LONG TIME TO LAY OUT. SO IF I
21:37MAY, I'LL HAND IT TO MAYBE TRACY AND SHE COULD PASS IT ALONG. IT IS A PACKET OF SIMILAR VARIANCES
21:43THAT HAVE BEEN GRANTED FROM SIMILAR AREAS OR AREAS IN THE NEIGHBORHOOD, WAITING RIVER, BUT ALL
21:53WITHIN THE SAME ZONING DISTRICT. IS IT HEATHER OR TRACY?
21:57IT'S HEATHER.
21:58WHY DO I KEEP CALLING YOU TRACY?
22:00YOU'RE CRAZY TODAY.
22:02THANK YOU, HEATHER.
22:03SO LET ME ASK YOU A QUESTION. ON THE PLAN, THERE IS ONE SHED WHICH THE BUILDING DEPARTMENT
22:13IS REQUIRING TO BE REMOVED, CORRECT?
22:16REQUIRING IT, I'M NOT SURE, BUT WE ARE AGREEABLE TO REMOVING IT.
22:19OKAY.
22:20YEAH. SO WE WILL BE REMOVING IT. IT'S THE SMALL SHED THAT'S LOCATED RIGHT ADJACENT TO THE
22:27FRAME BUILDING AND IT IS 7.9 FEET BY 11 FEET.
22:28OKAY.
22:29SO THAT'S BEING REMOVED. IT'S NOTATED ON THE SURVEY AS SUCH.
22:32HOW LONG HAS THE JACUZZI BEEN IN PLACE?
22:37IT'S LIKE A WHILE.
22:40AT LEAST FIVE YEARS.
22:41OKAY.
22:42MR. USAPOV PURCHASED IN 2016.
22:44SO THERE'S NO PRIOR APPROVAL FOR THE SNOOP BUILDING WITH IT?
22:49THE FRAME STORAGE BUILDING, NO. THAT'S WHY WE'RE NOT REQUIRING IT.
22:54OKAY.
22:55SO WE'RE NOT REQUIRING IT.
22:56OKAY.
22:57SO WE'RE NOT REQUIRING IT.
22:58DO WE REQUIRE TO RECEIVE
23:00NO. THAT'S WHAT PROMPTED THIS WHOLE
23:01THAT'S WHAT PROMPTED THIS WHOLE
23:01THAT'S WHAT PROMPTED THIS WHOLE THING.
23:02THING.
23:02THING. THAT'S WHAT BROUGHT US HERE.
23:04THAT'S WHAT BROUGHT US HERE. HOW WOULD YOU GET FROM THE
23:06HOW WOULD YOU GET FROM THE
23:06HOW WOULD YOU GET FROM THE CURBCUT BY CAUSE?
23:08CURBCUT BY CAUSE?
23:08CURBCUT BY CAUSE? HE'S NOT USING IT FOR A
23:10HE'S NOT USING IT FOR A
23:10THIS IS A PRE-FAB STRUCTURE THAT IS CALLED A CARPORT, WHICH IS WHY I THINK IT'S TRANSLATED
23:16ON PAPER WITH THE BUILDING DEPARTMENT AS A CARPORT.
23:19YUSAPOV IS GOING TO BE USING IT FOR STORAGE ONLY.
23:22STORAGE FOR LAWN EQUIPMENT, A LAWN MOWER, SEASONAL OUTDOOR FURNITURE, POOL EQUIPMENT
23:29STORAGE, CHILDREN'S TOYS, ET CETERA.
23:32PARDON ME, THERE IS ONE SHED ALREADY, CORRECT?
23:34YES, A SMALL SHED.
23:36THERE'S A FEW SHEDS.
23:37YEAH, THEY'RE SMALL.
23:38NO, I GET IT.
23:39YEAH, THIS IS A LARGER HOUSE.
23:40SO YOU HAVE THREE-CAR GARAGE, RIGHT?
23:42MM-HMM.
23:43AND IN THE THREE-CAR GARAGE, DO YOU KEEP VEHICLES IN THERE?
23:46THE INTENTION IS TO MOVE EVERYTHING OUT OF THE GARAGE, PUT IT IN THE STORAGE BUILDING,
23:50AND USE IT FOR THE VEHICLE STORAGE.
23:52OKAY.
23:53THAT CANNOT HAPPEN RIGHT NOW BECAUSE EVERYTHING IS IN THE GARAGE.
23:56WHAT'S THE SQUARE FOOTAGE OF THE HOME?
23:58THE SQUARE FOOTAGE OF THE HOME, WELL, THE BUILDING SQUARE FOOTAGE AS FAR AS COVERAGE
24:04IS 3,100 SQUARE FEET, AND THAT DOES NOT INCLUDE THE SECOND FLOOR BECAUSE IT WOULDN'T SO
24:10IT'S PROBABLY ABOUT, I WOULD SAY, 4,500 SQUARE FEET TOTAL.
24:17SO IN THE GARAGE NOW YOU HAVE ALL THE LAWN EQUIPMENT AND ALL THAT ACCESSORY EQUIPMENT?
24:21SOME OF IT'S IN THE SMALL SHEDS.
24:23THE REST OF IT IS IN THE GARAGE.
24:25AND YOU HAVE A FULL BASEMENT?
24:27YES.
24:28BUT YOU WOULDN'T REALLY STORE THINGS LIKE THAT IN THE BASEMENT.
24:32STORE THINGS LIKE WHAT?
24:34EITHER WAY.
24:35LIKE A LAWN MOWER AND THINGS LIKE THAT THAT WOULD HAVE GASOLINE LEFT OVER, A SNOWBLOWER,
24:40THEY'RE A BIT DIFFERENT TO GET IN A BASEMENT, AND THEY ALSO CONTAIN FUEL THAT ALWAYS KIND
24:45OF STAYS IN THE TANK.
24:46SO WHY WOULD YOU NEED AN 800 SQUARE FOOT BUILDING TO STORE LAWN MOWERS AND THINGS LIKE THAT?
24:52HE HAS, AS YOU CAN SEE, ALMOST A THREE QUARTER OF AN ACRE PROPERTY.
24:56THERE'S A LOT OF STUFF ON THE PROPERTY.
24:58HE WANTS TO BE ABLE TO STORE ALL THE THINGS THAT HE NEEDS STORAGE FOR IN THE BUILDING.
25:03ARE YOU AWARE THAT THERE HAS BEEN SOME LETTERS OF OPPOSITION?
25:10I HAVE NOT SEEN ANY OF THE LETTERS, BUT MR.
25:12YUSUPOV KNOWS THAT HIS NEIGHBORS HAVE COMPLAINED.
25:16I WAS CONTACTED BY AN ATTORNEY FOR ONE OF THE NEIGHBORS A WHILE BACK.
25:21HE WANTED TO DISCUSS THE CASE, BUT WE NEVER REALLY DISCUSSED IT.
25:24HE SAID THAT INSTEAD HE WOULD, I GUESS, SEND A LETTER INTO THE BOARD.
25:28SO I DO NOT KNOW WHAT THE COMPLAINTS ARE.
25:30FOR YOUR INFORMATION, I UNDERSTAND WE'VE RECEIVED FULL LETTERS.
25:34OKAY.
25:35SO, COUNSELOR, CAN YOU TELL ME, ANN MARIE?
25:39YES.
25:40CAN YOU TELL ME THE CONTEXT OF THE LETTERS?
25:42DO YOU HAVE ANY MEMORY OF THEM?
25:43YES.
25:44SO, ESSENTIALLY...
25:45WERE THERE CERTAIN ACTIVITIES GOING ON THERE THAT THEY WERE UPSET ABOUT, OR THEY JUST BUILT
25:48IT WITHOUT A PERMIT?
25:49YES.
25:50SOME OF THE LETTERS MADE SPECIFIC COMPLAINTS ABOUT DELIVERY TRUCKS, RESULTING IN STORAGE
26:00OF PALLETS ALONG THE ROAD.
26:06OTHER NEIGHBORS EXPRESSED COMPLAINTS.
26:09SOME OF THEM EXPRESSED COMPLAINTS AND CONCERNED WHAT THE TRUE USE OF IT WOULD BE, ARGUING
26:17THAT IT CERTAINLY WASN'T CONDUCIVE AS A CARPORT.
26:23OTHERS WERE CONCERNED BECAUSE IT SERVES...
26:26IT'S A CORNER LOT, AND IT SERVES AS A GATEWAY INTO THAT COMMUNITY.
26:32OKAY.
26:33SO, AS FAR AS IT BEING ANY KIND OF EYESORE OR...
26:37I DON'T KNOW.
26:38I DON'T KNOW.
26:39DO YOU HAVE ANY COMMENTS TO TO TO TO TO TO TO TO TO TO TO TO TO TO TO TO TO TO TO TO
26:41As you can see in the photos, there is a very, very heavy hedge of Arborvitae along the entire
26:47property line.
26:48And it's actually, there's a photo which the sign appears in up on the screen that you
26:54could see that is the area of the yard where the building is adjacent to.
27:01And you could see in the pictures, you cannot see it at all.
27:04It is completely obscured from the hedge.
27:07As far as the intention-
27:08What was the purpose of installing concrete in between the partially constructed
27:18structure and the roadway?
27:23There's a concrete pad there.
27:25A pad?
27:27Between the landscape and the building.
27:28I think it's an apron.
27:29Oh, yeah.
27:30It's just-
27:31Concrete apron.
27:32Yeah.
27:33Well-
27:34It's usually for vehicle access.
27:35Is it an apron?
27:36Yeah.
27:37These may be a four or five feet.
27:38It's not as big as an apron.
27:39It's just an apron.
27:40Yeah.
27:41It's just an extension of the concrete pad that was poured for the actual structure.
27:46If you could look in the pictures, you'll see that it is concrete and then there's a
27:49paver walkway.
27:50It's actually 13.2 feet.
27:51Yeah.
27:52It's significant.
27:53Yeah.
27:54No, no, no.
27:55What I'm saying is it was just an extension of-
27:58He's saying it's four or five feet.
28:02It's 13.2 feet.
28:03I'm talking about the width.
28:04Sorry about that.
28:05Not the length.
28:06The width of the-
28:07The width is 13.2 feet.
28:08It's 13.2 feet.
28:10And the depth is?
28:11Yeah.
28:12It's-
28:13Okay.
28:14So I apologize.
28:15Okay.
28:16He has to-
28:17And it looks like it's 40 feet wide.
28:18He has to be sworn in.
28:19He has to get on the mic.
28:20He has to be sworn in.
28:21They're talking about this right here.
28:22But this doesn't cut to the street, right?
28:23Like you can't pull a vehicle-
28:24Excuse me.
28:25Right?
28:26If you're going to speak, we're going to-
28:27He has to be sworn in.
28:28Right hand.
28:29I solemnly swear to tell the truth, the whole truth, nothing but the truth, so help me God.
28:34Yes, I do.
28:35Please state your name and address.
28:36Okay.
28:37In the mic.
29:08Try to speak into those mics though.
29:11No problem.
29:12I apologize.
29:13All right.
29:14So here I was talking about this.
29:16I apologize.
29:17This was the step.
29:18But there's no concrete in the back line.
29:19There's just a whole bunch of trees.
29:21It's empty.
29:22There's no concrete behind the structure at all.
29:25Okay.
29:26So the survey is maybe they made a mistake, but the only concrete is where the structure
29:34is on.
29:35There's no concrete after the-
29:38No concrete between the landscaping and the structure.
29:43Correct.
29:44And you can see there is this right here.
29:49It's basically grass all the way through.
29:53All right.
29:55We can have the survey corrected.
29:56Would you agree with me?
29:58Bring up that other photo.
30:00The other photo.
30:01Go to the other photo.
30:02The one I think in the upper right hand corner.
30:04This one?
30:05Yeah.
30:06Okay.
30:07Isn't that kind of white for a lawn mower?
30:10So what's in?
30:12The use for this will be...
30:14So we have like sometimes parties.
30:16We have chairs for the summertime, tables, kids bikes and stuff like that.
30:22My kids are growing up and we're going to have a lot of stuff.
30:25So this will be used as a storage for all, everything that we could think.
30:32Like just a pool.
30:33Just a pool.
30:34It's a huge pool.
30:36So we have those.
30:37They're bringing all the equipment usually once the pool is done.
30:42I have my tools, my personal tools that I use to repair the properties, clean up the
30:48house and stuff like that.
30:49So I know it's kind of big.
30:51It is big.
30:52Very big.
30:53It's big.
30:54But like I said, with the eyesore situation where it's literally blocked off from the
31:01street.
31:02You're not going to be able...
31:03Yeah.
31:04You're not going to be able to use it.
31:05You're not going to be able to use it.
31:06You're not going to be able to use it.
31:07And so I think that if you really have to come close to really peep at the thing.
31:08But other than that, like I said, it will be used as a storage.
31:09And Mr. Gazzillo, just to further on your question.
31:19It is again a prefab building.
31:22So there is no choice on size of door.
31:24It's just how it comes as a package.
31:27They can change the sizes.
31:28Well, if he pays somebody to come do it.
31:31Yes.
31:32Well, I don't know that they've modified them.
31:33But...
31:34He could potentially make it smaller.
31:35So in the emails and the letters that we have received, people are citing that you
31:43are receiving excessive amount of deliveries, pallets in the street.
31:48I'll answer that.
31:49I'm asking him.
31:50Okay.
31:51And I want to know, are you running a business out of your house?
31:54So during COVID time...
31:56Up to the mic, please.
31:58During COVID time...
31:59Yes.
32:00I had lost my job.
32:01So I was basically working from home.
32:03Okay.
32:04And I was selling stuff through Amazon.
32:06So we did get deliveries in.
32:08We were selling return items.
32:11We were selling them through Amazon.
32:13So I could keep my property, keep paying my mortgage, pay the taxes and everything else.
32:19Okay.
32:20However, are you doing it now?
32:22Yeah.
32:23Okay.
32:24So once the neighbors had an issue, we stopped right away.
32:29We actually got another property in Queens.
32:33We're doing our business through there.
32:36We had stopped.
32:37I mean, if you get any complaints, those are complaints are two years back with the first
32:41time when we started.
32:43There's no trucks been there for the past two...
32:46Since the last issues that we had, nobody could tell you.
32:49And again, I'm on the old.
32:50There's been no delivery trucks, nothing being sold, nothing, no businesses.
32:55I'm not shipping anything and stuff like that.
32:57So that definitely...
32:58If you can see your notations, you're not going to see anything since when we had an issue with the...
32:59Okay.
33:00So I'm not going to see anything since when we had an issue with the...
33:01Okay.
33:02Since when we had an issue with the...
33:03With my neighbors, we stopped right away.
33:06It's not like, Hey, I'm going to continue doing it.
33:08We went actually to the building department to see if we could get work from home issues.
33:13But once they said that you're going to need, like you said, permits and stuff like that.
33:18So it was understandable that, Hey, my neighbors are not happy and my neighbors are not happy
33:30and that we're going to need things.
33:32So that's why I decided to do it in another place.
33:39And like I said, we're not using that property for almost two years,
33:43not being used that property as a working-from-home situation.
33:48Mr. Prudenti, of the letters we received, was there any objection to the jacuzzi, per se?
33:53No objections to the jacuzzi.
33:56So, excuse me, since you've stopped doing all of these things and everything,
34:00what's in your garage now?
34:02In my garage?
34:03Yeah.
34:03I have cleaning supplies.
34:06I have the pool equipment.
34:08I have my car in there for my Tesla.
34:12I have just a variety of stuff.
34:17And then I have my tables, chairs for my summer stuff.
34:25Everything's still outside.
34:28And during the wintertime, they get damaged and stuff like that.
34:31We have a barbecue.
34:32We have a barbecue area.
34:33All this equipment and stuff like that still stays outside during the thing.
34:37And the small chicken house, we're using it right now for the pool stuff.
34:42But like I said, that will be removed to our –
34:51Yeah, so we're going to remove that and use that one main one for our –
34:55use that for our main storing for everything.
34:59How many cars do you have?
34:59I don't know.
35:00Right now I have one.
35:01But –
35:02Okay.
35:02Okay.
35:02Okay.
35:02Okay.
35:02My kids are growing up already.
35:03And my wife wanted, you know, have also a car.
35:07So that's two cars right there.
35:08Plus, again, my kids are growing up.
35:11And we were going to be there for a long time to come.
35:13Thank God.
35:14And we purchased this property in 2016 when my family was very small.
35:18So now we're growing.
35:20And, you know, hopefully –
35:22Excuse me.
35:23One other question I have.
35:24Behind the house there is a diagram of a one-story frame,
35:31with an open porch. What is that?
35:34That's right here.
35:35A sunroom? That's a sunroom.
35:38Built with residents.
35:39Yeah, it was...
35:41This property was built with the house
35:43and everything.
35:45The property was purchased and
35:46no extension or anything was added to that property.
35:51Mr. Chairman,
35:52may I make some comments?
35:55Certainly.
35:55Sure.
35:56Is there storage above the garage?
35:59That's living area, correct?
36:00No, it's empty.
36:03No living area.
36:03It's not living area, but it's accessible?
36:06It can be used for storage or no?
36:08That's a three-bay garage, correct?
36:12It's a cable roof.
36:14You have three-bay doors to the garage?
36:17Correct.
36:19And you have a gazebo?
36:21The gazebo, you said,
36:22has to be removed.
36:24No, no, no.
36:25Sorry.
36:28Currently, you have a gazebo.
36:30Yeah.
36:30You have two sheds, right?
36:33Well, he has two sheds,
36:35but one are being removed.
36:36Correct.
36:37So, Mr. Chairman, if I may,
36:40so I went through the documents
36:44that purport to demonstrate
36:47same or similar relief.
36:51I don't believe they do at all.
36:53Just going through them real quick,
36:56I'm going to fire it off.
36:57The first one you gave me,
36:59that was an...
37:00an application for a deck
37:04attached to the house
37:05on a substandard,
37:07very small lot.
37:09The second one you gave me
37:11was for a deck and a shed,
37:1414 by 14,
37:16again,
37:17on a small substandard lot.
37:21The next one
37:23was for a 12 foot by 15 foot
37:27roof over a patio
37:29and rear addition,
37:31again, on a substandard lot.
37:34The next example you gave me
37:36was simply a deck attached to a house
37:40on a substandard lot.
37:44These substandard lots,
37:46some of them,
37:47members of the Zoning Board of Appeals
37:49should be aware,
37:50were significantly small,
37:536,000 square feet,
37:551,600 square feet.
37:58And none of these applications
38:00that you gave me relate to a storage building
38:02on residential property.
38:03These were all, quote,
38:04decks, additions,
38:05and small scale sheds.
38:06So, it doesn't change the code, though.
38:07The code is the same
38:08for all accessory structures.
38:09So these are similar in that
38:10an accessory structure was granted
38:11for these setbacks.
38:12So, the first one you gave me
38:13was for a deck attached to a substandard lot.
38:14The second one you gave me
38:15was for a deck attached to a house
38:16on a substandard lot.
38:17These substandard lots,
38:18some of them,
38:19were significantly small,
38:206,000 square feet.
38:21And none of these applications
38:22that you gave me
38:23relate to a storage building
38:24on residential property.
38:25These were all, quote,
38:26decks, additions,
38:27and small space sheds.
38:28So, the code is the same
38:57I UNDERSTAND THAT.
39:01EACH CASE IS UNIQUE, OF COURSE.
39:03YOUR CLIENT'S PROPERTY.
39:04NO, OF COURSE.
39:06THEY'RE COMPLETELY DIFFERENT PROPERTIES AND EACH PROPERTY IN ANY GIVEN MUNICIPALITY IS
39:12UNIQUE.
39:13IN THIS CASE, THE UNIQUENESS OF THIS PROPERTY IS THAT IT IS A CORNER LOT.
39:17IT FRONTS ON BOTH TACONIC AND MAIDSTONE LANE.
39:20ADDITIONALLY, AS FAR AS CRITERIA FOR VARIANCES, THIS IS CREATING NO ENVIRONMENTAL HAZARD.
39:27IT'S NOT CREATING AN IMPACT TO THE NEIGHBORHOOD AS IT'S COMPLETELY UNSEEN FROM THE STREET.
39:32AS FAR AS CHANGING THE CHARACTER OF THE NEIGHBORHOOD, I WOULD SAY IT WOULDN'T.
39:35THESE ARE ALL LARGE LOTS AND I'M SURE CAN AFFORD ANY NUMBER OF ACCESSORY STRUCTURES
39:41ON THEM WITHOUT IT LOOKING OVERCROWDED OR EVEN IN THIS CASE WITH THE IMPERVIOUS SURFACES
39:47BEING WHERE THEY ARE, WE DID FIND COMP SIMILAR TO THE IMPERVIOUS SURFACES THAT WE'RE ASKING
39:52AS FAR AS COVERAGE, IF NOT MORE.
39:56IN MY OPINION, WELL.
39:57OBVIOUSLY SOME OF THOSE COMP ARE CLEARLY DIFFERENT STRUCTURES THAN WHAT WE ARE PROPOSING.
40:02THESE ACTUALLY ARE IN FACT SIMILAR IN THAT THE ACCESSORY STRUCTURE CODE DOESN'T CHANGE.
40:07AND IF YOU LOOK AT EACH UNIQUENESS OF ANY LOT, IN THIS CASE A CORNER PROPERTY, I WOULD
40:12SAY THAT THESE WOULD BE COMPARABLE.
40:15AND THAT'S WHAT WE FOUND TO GIVE TO THE BOARD.
40:17WE DID A LOT OF RESEARCH TO FIND SIMILARITIES FOR MR.
40:19YUSUFOV SO HE COULD KEEP THE STRUCTURE THAT HE BEGAN TO BUILD.
40:24OBVIOUSLY HE UNDERSTANDS IN THE FUTURE.
40:26NOT TO BUILD THINGS WITHOUT PERMITS BECAUSE WITHOUT THE BENEFIT OF A PERMIT WE DON'T KNOW
40:30WHAT'S GOING TO HAPPEN WHEN WE GO BEFORE A BOARD, ET CETERA.
40:34SO LESSON LEARNED FOR THE HOMEOWNER.
40:36BUT NONETHELESS HE DID SPEND A SUBSTANTIAL AMOUNT OF MONEY CONSTRUCTING THIS STRUCTURE.
40:40IT HASN'T BEEN USED FOR ANYTHING YET.
40:42SO ANY, YOU KNOW, CLAIMS THAT IT'S BEING USED FOR STORAGE OF A HOME BUSINESS IS ALL SPECULATIVE
40:48AND HEARSAY.
40:49THE BUILDING CAN'T BE USED.
40:50IT'S NOT EVEN COMPLETELY BUILT YET.
40:52SO WITH THAT SAID, I WOULD RESPECTFULLY REQUEST THAT THE BOARD GRANT OUR VARIANCE SO THAT
40:57WE CAN MOVE FORWARD WITH THE PROPER PERMITS AND CLOSE EVERYTHING OUT AND HAVE MR. USAPOV
41:01BE IN COMPLIANCE.
41:02I'M GOING TO REPEAT.
41:03WAIT A MINUTE.
41:04WAIT A MINUTE.
41:05YOU AGREE WITH US THIS IS SELF-CREATED?
41:06YES.
41:07100%.
41:08THERE ALMOST ALWAYS ARE.
41:09HOLD ON.
41:10IS THERE ANYBODY HERE THAT WANTS TO SPEAK FOR OR AGAINST THIS?
41:14OKAY.
41:15IS THERE ANYONE ON ZOOM THAT WOULD LIKE TO MAKE A COMMENT ON THIS VARIANCE?
41:20OKAY.
41:21OKAY.
41:22YOU SAID YOU HAD TWO ON ZOOM?
41:24I HAVE TWO.
41:25IT LOOKS LIKE SOMEONE IS TURNING ON THE CAMERA.
41:28MAYBE SOMEONE IS TRYING TO GET ON.
41:31SO IF I WERE TO TALK TO CODE ENFORCEMENT AND THEY WOULD TELL ME THAT THEY HAVEN'T GOTTEN
41:41ANY COMPLAINTS ABOUT ANY DELIVERIES IN THE LAST TWO YEARS.
41:45NO, YOU WOULDN'T.
41:46AND I'M ACTUALLY, LIKE I SAID, A QUERTIFICATED PERSON.
41:48WHEN THE FIRST TIME THEY CAME ONE TIME, THEY TOLD ME TO STOP BUILDING.
41:51WE AUTOMATICALLY STOPPED.
41:52THE FIRST THING I DID, WE WENT TO THE BUILDING DEPARTMENT.
41:54I INTRODUCED MYSELF TO EVERYBODY THERE.
41:56OKAY.
41:57WE GOT EVERYTHING UP IN CODE.
41:58AND LIKE I SAID, LIKE THE PROPERTIES, THAT THING HAS BEEN USED FOR NOTHING.
42:03AND IF ANYBODY HAS AN ISSUE, LIKE I SAID, IF I'M DOING SOMETHING WRONG, IF I WOULD HAVE
42:09TRUCKS COMING IN, YOU KNOW, ONCE AGAIN, I WILL BE IN TROUBLE.
42:14SO LIKE I SAID, THE MINUTE THEY HAD AN ISSUE, I STOPPED IT RIGHT AWAY.
42:19AND I'M NOT GOING TO DO ANYTHING.
42:20I STOPPED IT RIGHT AWAY.
42:21WE LOOK FORWARD.
42:22SO YOU STOPPED DELIVERIES?
42:24STOPPED WORKING AT ALL.
42:26DELIVERIES OF PRODUCTS.
42:28AMAZON.
42:29YES.
42:30YES.
42:31THEY STOPPED.
42:32AND WE ALSO NOT WORKING FROM HOME ANYMORE.
42:33SO NOW YOU'RE OPERATING OUT OF A FACILITY IN QUEENS?
42:34CORRECT.
42:35YES.
42:36AND I HAVE, WHAT'S IT, I DON'T KNOW, IF YOU NEED, I PROVIDE YOU WITH THE PROPERTY
42:44ADDRESS, WITH ALL THE INFORMATION TO THE PROPERTY, IF THAT NEEDS TO BE TO THAT.
42:48BUT I DID PROVIDE YOU WITH THE PROPERTY ADDRESS.
42:49OKAY.
42:50SO I PROVIDE THAT TO HER AND TO THE PERSON WHO HAD AN ISSUE, TO THE NEIGHBOR.
42:55WE PROVIDED THE INFORMATION TO THEM SAYING THAT, HEY, WE'RE COMPLYING.
42:59WE'RE TRYING TO MAKE, YOU KNOW, IT WASN'T LIKE SOMEBODY SAID SOMETHING.
43:02AND I SAID, HEY, I'M GOING TO DO IT NO MATTER WHAT.
43:05BUT THEY HAD AN ISSUE AND I RESOLVED IT THAT DAY.
43:08SO NO COURT ENFORCEMENT.
43:09NOBODY, THERE WAS NO ISSUES AT ALL AFTER THAT DAY.
43:13AND I'VE BEEN KEEPING MY PROPERTY.
43:15OKAY.
43:16I CERTAINLY WOULD LIKE TO DO MY DUE DILIGENCE AND TAKE A LOOK AND SEE IF THERE'S ANYTHING
43:19THAT'S WRONG.
43:20I WOULD LIKE TO SEE IF THERE'S ANYTHING ON THE RECORD OR ANYTHING HAS BEEN DONE OR
43:23ANY COMPLAINTS OR ANY ADDITIONAL LETTERS HAVE BEEN SUBMITTED BEFORE I CAN RENDER MY
43:28DECISION.
43:29SO I RESPECTFULLY ASK THE CHAIRMAN AND THE REST OF THE BOARD MEMBERS TO AT LEAST GIVE
43:33US A TWO WEEK PERIOD.
43:34I THINK THREE WEEKS.
43:35THREE WEEKS.
43:36SO THREE WEEKS TO THE NEXT MEETING.
43:38THAT WILL BE THE 13TH.
43:39JUNE 13TH.
43:40I, UM, THAT WOULD BE FINE.
43:43I CANNOT ATTEND THAT DAY.
43:44I HAVE HEARINGS IN PORT JEFFERSON VILLAGE.
43:47AM I ABLE TO ATTEND ON ZOOM AS AN AGENT?
43:50SURE.
43:51OKAY.
43:52GREAT.
43:53I COULD MAKE THAT WORK.
43:54IF YOU WOULD PREFER A DIFFERENT DATE SO YOU CAN PERSONALLY APPEAR, SIMPLY LET US KNOW.
43:57WE'LL ACCOMMODATE THAT.
43:58IT'S OKAY.
43:59ONLY BECAUSE I OFTEN HAVE HEARINGS ALL OVER THE PLACE.
44:02IT CAN BE A CONFLICT AT ANY POINT.
44:04SO WE MIGHT AS WELL WORK IT OUT.
44:06THE SOONER THE BETTER.
44:07OKAY.
44:08THANK YOU.
44:09NO ONE IS ANSWERING.
44:10NOBODY IS ANSWERING.
44:11ANYONE ELSE ON ZOOM?
44:12YES, SIR.
44:13CAN YOU PUT THE ZOOM SCREEN UP?
44:14JASON?
44:26SO ANYBODY ON ZOOM, IF YOU WANT TO SPEAK, NOW WOULD BE THE TIME.
44:30IF YOU WANT TO TUNE IN.
44:32IN THE MEANTIME, WE'LL DO OUR DUE DILIGENCE AND WE WILL LOOK INTO IT FURTHER TO SEE IF
44:37THERE ARE ANY OTHER ACTIVITIES THERE.
44:40I MEAN, I WOULD LIKE TO BELIEVE YOU.
44:44I REALLY WOULD.
44:44BUT THERE'S OTHER CONSIDERATIONS BECAUSE THERE IS AN OVERUSAGE OF THIS PROPERTY.
44:51IT HAS A LOT OF STRUCTURES ON IT.
44:53IT HAS A LOT OF LOCK COVERAGE THAT EXCEEDS THE CODE.
44:57SO IT'S A BIG CONSIDERATION.
45:00SO WE WILL DO OUR WORK, HOMEWORK, AND WE'LL TALK TO YOU ON IN THREE WEEKS.
45:06CAN WE MAINTAIN THE PHOTOGRAPH?
45:07JUNE 13TH.
45:08YEAH, YOU CAN KEEP THOSE.
45:09JUNE 13TH?
45:10YEAH, SECOND.
45:11ALL RIGHT.
45:12SO WE'RE GOING TO.
45:13WE MOVE THAT PLEASE.
45:14APPEAL NUMBER 2023-042.
45:15THREE TACONTO COURT WAITING RIVER BE ADJOURNED UNTIL JUNE 13TH, 2024.
45:16SECOND.
45:17MR. BARNES.
45:18AYE.
45:19MR. GONZALO.
45:20AYE.
45:21MR. ZAWESKI.
45:22AYE.
45:23MR. PORCIA.
45:24AYE.
45:25AND I VOTE AYE.
45:26SO WE'LL SEE YOU ON THE 13TH.
45:27IS THAT WHAT IT WAS?
45:28YES.
45:29JUNE 13TH.
45:30JUNE 13TH, SIR.
45:31YEAH, THAT'S WHAT I SAID.
45:32SO WE'LL SEE YOU ON THE 13TH.
45:33JUNE 13TH.
45:34JUNE 13TH.
45:35JUNE 13TH, SIR.
45:36YEAH, THAT'S WHAT I SAID.
45:37OKAY.
45:39THANK YOU VERY MUCH.
45:43HAVE A GOOD EVENING.
45:45ALL RIGHT.
45:46THANK YOU TO.
45:39June 13th, sir.
45:42Yeah, that's right, sir.
45:45Okay.
45:46Thank you very much.
45:47Have a good evening, everybody.
45:47All right, thank you for coming in.
45:48Thank you.
45:53All right.
45:57Any other homework?
45:59Minutes?
46:01Are they done?
46:01It's warm in here.
46:03Are they done?
46:03They're warm in here.
46:09Heather, do we have any minutes to approve or anything like that?
46:12Yes.
46:13April 11th, 2020.
46:14All right, may I have a motion?
46:16So moved.
46:16All in favor?
46:17Aye.
46:18Unanimous.
46:19What's the next one?
46:21Chairman?
46:21June 13th is the next meeting.
46:24Okay, no, but does someone have an adjournment?
46:27So moved.
46:28Second.
46:29All in favor?
46:30Aye.
46:31It's been a pleasure, guys.
46:32It was really great.
46:33Have a good night, folks.
46:34Thank you.
46:39Thank you.

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Thank you. Thank you. Thank you. Yeah, I'll read the motion. I move that the appeal of HK Ventures, originally granted June 8, 2023, have an expiration date of June 8, 2024, be extended for the period of one year, thus expiring June 8, 2025, for variances and or relief from Chapter 301-123A, where proposed impervious surface coverage is 60.72% of the total lot area, and maximum permitted is 60%, and where proposed building... The building height is 35 feet, the center line of roof peak, and the maximum is 30 foot. Second. Mr. Barnes. Aye. Mr. Godzilla. Aye. Mr. Zawieski. Aye. Mr. Porchetta. Aye. And I vote aye. So that has been granted. Second extension is for appeal 2021-015, James Hogue, Roanoke Avenue, Riverhead. This is his third and final one-year extension, expiring May 27, 2015. So Mr. Chairman, with respect to appeal number 2021-015 of James Hogue, I move that the appeal of James Hogue, originally granted May 27, 2021, with first extension granted on May 27, 2022, and second extension granted on May 27, 2023, thus expiring on May 27, 2024, for variances and or relief from Chapter 301, Section 84, where existing lot is 14,250 square feet. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. 40,000 square foot where proposed floor area ratio is 1.56 and maximum permitted is 1.50. Where proposed front yard setback is 25 foot and minimum required is 50 foot be extended for the period of one year, third and final extension, thus expiring on May 27th, 2025. Second. Mr. Barnes. Aye. Mr. Godzilla. Aye. Mr. Zaweski. Aye. Mr. Porchetta. Aye. And I vote aye. So that extension has been granted. We'll go into the public hearings. Ann Marie, should we just go right into the Church of the Harvest? Yes. So with respect to the Church of the Harvest, it was adjourned from April 11th of 2024. I had an opportunity to meet with Sewer District Superintendent Michael Reichel, Charles Cuddy, attorney for the applicant, plus the pastor and another representative from the church. And I had an opportunity to meet with the church. And I had an opportunity to meet with the representative from the church. And I had an opportunity to meet with the church. And I had an opportunity to meet with the stemming from the front of the property and extending 225 feet back, essentially a straight line. So I think somebody has that. I do. So I think we're ready to actually grant the appeal. So I move that the appeal of the Church of the Harvest at 572 Rainer Avenue, Riverhead, Suffolk County tax map number is 123-1-27. It's located in the Residence A40 District. The variance and relief from Chapter 301-9A1C, where the proposed side back for the accessory building is 4.2 feet and the minimum required is 20 feet, and 301-11, where the proposed impervious service coverage is 55%, and the maximum permitted is 15%, be approved subject to the following conditions. The applicant shall remove all, including the property that is in the area of the residence A40 district, and the performance improvements located within the driveway, rear patio entrance attached to and located on the southeasterly side of the frame church, and wood ramp located on the southerly side of a one-story frame house, and obtain a building permit or permits to undertake said construction activities required to restore the driveway access serving said structures to a minimum of 10-foot-4 inches in some areas and 8-foot-4 inches in other areas and secure the necessary easement for the use of approximately 14 feet within 225 feet length from the riverhead sewer district together with a license agreement to utilize an area approximately 50 foot in width and 90 feet for parking area to serve parishioners of the church all subject to resident building permits and approvals of the fire marshal council to the zoning board and council to the planning board to the extent that the applicant secures the necessary easements and license agreement applicant must modify the plan to clearly depict property boundaries of the applicant parcel and sewer district owned parcel depicted the length width area of such easement and license agreement together with such other survey modifications required to accurately reflect the application and and relief requested in accordance with the applications and sketches with the amendments thereto if any as filed with the building inspector second mr mr porsche i'm going to support aye my second uh mr zaweski aye mr godzilla aye mr barnes aye and i vote eyes for the variance has been granted good luck

tracy do we have anybody on zoom in the waiting room we have two people on okay do you want me to read the next one in all right so we have appeal number 2024-007 marta campos 91 fire lane in waiting river suffolk county taxment number 600-58-2-3 residents b80 zoning to legalize an 11 by 12 foot gazebo applicant requests very variance and or relief from chapter 301-29a1c where proposed rear accessory setback is 5.1 feet and the minimum required is 20 feet someone here to uh anybody here for this yes step up to the uh podium tracy the last this matter was adjourned from april 11th and uh i believe uh you are now satisfied with the affidavit of posting and the certified mailings yes so uh miss campos provided me with the certified uh you know green cards for the certified mailings and the affinity affidavit of posting and mailing and also provided pictures showing that the property was posted great i'm just going to lower the microphone so we can hear thank you were you sworn in the last time Yes. Okay. You still have the . Go ahead. Okay. Go ahead. Are you going to help her present? So describe to us the structure, where you located it, and what relief you're looking for from the Zoning Board of Appeals. It's a gazebo, correct? Yes. And can you describe it? What is it made out of? We made it in the back of my house, maybe only for the summer, to use only for the summer, to stay there, take a coffee or dinner, something like that. Is it made of ... Does it have metal legs and made of material covering? Yes. Is this it? Yeah. Yeah. And it's wood? Counselor, would you like to see some pictures? Yes. Wood. How about we write them down to Anne Marie? Place it on the table. It looks like something you get in BJ's. It's like a ... But it looks ... Did your husband make that, or did you have that built by somebody? Yeah. Okay. It looks nice. No walls either, right? No walls. No walls. No, it's just a cover. Oh, no, no. It's just a cover. All right. We're just going to let it go on the screen so everybody can see it. We got one there. Oh, yeah. It's down there. No, I saw it. Here it is. Anybody on Zoom today? We have two people on Zoom. Does anyone on Zoom want to speak on the ... Yeah. Yeah. Yeah. Really? Really? Apparently not. Anybody else? No. Anybody opposed? All right, Mr. Chairman, respectfully moved that this is appeal number 2024-007. I move that the appeal of Martha Campos, 91 Fire Lane, Wading River, SCTM number 600-58-2-3, !B80, RB80 zoning, for variance and or relief from Chapter 301-29A1C, where accessory setback 5.1 feet, minimum permitted is 2.9 feet, be approved subject to the following. The applicant shall not be permitted to construct walls or otherwise enclose or box in the gazebo structure. And the applicant shall not use the gazebo for habitable storage. space to its sleeping or living quarters. And this is in accordance with the applications and sketches. Remembrance there to if any is filed with the building inspector. Second. Mr. Barnes. Aye. Ms. Guzzillo. Aye. Zawieski. Aye. Mr. Portia. Aye. And I vote aye. So your variance has been granted and good luck. Thank you, . We're finished? Yes. Approved.

Okay. Next up we have appeal number 2024-011, Dylan Marzek, 41 Cliff Road East, Wading River, Suffolk County tax number 600-27-3-93, residents B80 zoning, for a proposed addition and covered front porch. The applicant requests variances and or relief from chapter 301-31, where proposed front yard setback is 15.4 feet and the minimum required is 60 feet, and where the proposed side yard abutting the side street setback is 14.3 feet and minimum required is 60 feet. Are you a lawyer, sir? No, I'm not. Please raise your hand. Do you solemnly swear to tell the truth, the whole truth, nothing but the truth, so help is gone? I do. Please state your name and your address. My name is Tim Jordan, 9 Flamingo Drive, Smithtown, New York, 11787. Here today representing Dylan Marzek. He is presently here for any questions should you have, along with his father and his girlfriend. Dylan recently purchased a house. His aunt and uncle have lived there for over 20 years. The house was too small for them. They bought the house next door and sold Dylan the house, and his intentions upon purchasing the house were to renovate it to make it somewhat more livable. It's a tiny house, 32 feet, 22 by 20. It currently has a garage where you have to dip into it, and it's pretty much useless. He can't even put his truck down there, but it would be good for, say, a sit-down mower. So we designed a second floor addition, also going over that, so that he could have a roofed-over area and still be able to access any machinery that he needs to use. So he can have a roofed-over area, and still be able to access any machinery that he needs to use. So he can have a roofed-over area, and still be able to access any machinery that he may need to maintain his property. Will you have to change the grade? At this point, we would. He does have plans to do a little bit of backfilling. Okay. Only so that he can navigate getting equipment in and out of there. He's going to keep using it somewhat as a driveway. That's his only means to get there for now. But primarily, the house is so tiny, he just wants to bring the two bedrooms up to the second floor and open it up so he can have a proper dining room, kitchen, and living room. They're all tiny up there. All the houses are small. Your porch is going to be open, right? I'm sorry? Your porch is going to be open. I'm sorry, yes, as well as proposed front porch, which, if not for the non-conforming lot, it would have been a permissive. It would have been a permitted encroachment. So the original square footage was 640 square feet, and now it will be what?

1,756.

And I'm sure you've been to the site. There's a screening of some rather large trees. It's a beautiful entranceway going in there. So this renovation pretty much will not be seen from the street as long as those trees are maintained and the screening is provided, which is a nice, as far as the character of the neighborhood, with driving in there. So those, to my knowledge, are not going to be disrupted with the exception of the encroachment of the addition. Okay. Is there anyone out there that wants to speak on this variance? Is anybody on Zoom? No one. Mr. Chairman, on appeal number 2024-011, I moved that the appeal of Dylann Muzzy, 41 Cliff Road East, Wading River, SCTM number 600-27-3-93, residents B80, RB80 zoning, for variance and or relief from chapter 301-31, with proposed front yard setback is 15.4 feet, and the minimum required is 60 feet, and where proposed side yard, a budding side street setback is 14.3 feet, and the minimum required is 60 feet, be approved in accordance with the applications and sketches with amendments there to, if any, as filed with the building inspector. Second. Mr. Barnes. Aye. Mr. Gazzillo. Aye. Mr. Zaweski. Aye. Mr. Forsher. Aye. And I vote aye. Thank you very much. Thank you. Good luck. Thank you. It's a nice area.

Lastly, we have appeal 2023-042, Hinshaw-Yuzapak, 3 Taconic Court, Wading River, Suffolk County tax map number 600-115-1-10.17, residents B80 zoning, to legalize a carport 24 feet by 41 feet, the applicant requests variances and or relief from chapter 301-29A1B, where accessory side street setback is 13.2 feet, and a minimum of 60 feet is required. Chapter 301-29A1C, where accessory rear setback is 15.5 feet, and a minimum of 20 feet is required. Chapter 301-29A1C, where existing setback for Jacuzzi is 5.8 feet, and a minimum of 20 feet is required. And chapter 301-31, where impervious surface coverage is 46.5%, and a maximum of 15% is permitted. And this was remanded back to the building department from the September 14th, 2023 zoning board meeting. Are you returning? I am not. What's your name? Amy DeVito. Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth, so help you God? I do. Thank you. Thank you. And please state your name and address. Amy DeVito, Woodhull Expediting, with offices at 800 Veterans Memorial Highway, Hoppog, New York. Good evening, Mr. Chairman and members of the board. Good evening. We are here to legalize a few structures, as you just heard from Tracy. So we are here to legalize a partially constructed carport. And I just want to clarify, we're calling it a carport because this is like a prefab structure. We're not calling it a carport. We're calling it a carport because it's a carport. And we're calling it a carport because it's a carport. So there is a space in the carpoint structure that is built by the company it's purchased from. So my client is not going to be using it as a carpoint. He's going to be using it as a storage building. I just wanted to clarify that. It's 24 feet by 41 feet. We also have a hot tub that we're legalizing. The variances that we're requesting are for a setback from the side street and then a rear yard setback for the carpoint, or storage building, WE ALSO ARE REQUESTING A VARIANCE FOR THE HOT TUB AT 5.8 FEET WHERE A MINIMUM OF 20 FEET IS REQUIRED AND THEN LASTLY A VARIANCE AT 46.5 FEET FOR MAXIMUM IMPERVIOUS SURFACE AND OR LOT COVERAGE WHERE 15% IS PERMITTED. I JUST WANT TO POINT OUT TO THE BOARD THAT THE STRUCTURES WE'RE LEGALIZING ARE JUST THE PARTIALLY FRAMED STORAGE BUILDING AND THE HOT TUB. ALL OTHER STRUCTURES ON THE PROPERTY HAVE BEEN LEGALIZED PREVIOUSLY TO MY CLIENT PURCHASING. SO WHILE WE ARE AT 46.5% MAXIMUM COVERAGE, THE ONLY ADDED SQUARE FOOTAGE TO THAT IS THE PARTIALLY FRAMED STORAGE BUILDING AND THEN THE HOT TUB. SO THE DIFFERENCE, I'M NOT SURE WHAT THE DIFFERENCE IS AS FAR AS PERCENTAGE, BUT THESE STRUCTURES HAVE ALL EXISTED FOR QUITE SOME TIME. AND AGAIN, ARE CERTIFIED. I HAVE SUBMITTED SOME PHOTOS FOR THE BOARD TO SEE. YOU CAN SEE ON THE SCREEN THE BUILDING THAT WE'RE TALKING ABOUT. IT WAS BEGINNING TO BE CONSTRUCTED IN AROUND 2022 AND THEN MR. USAPOV WAS APPROACHED BY TOWN OF RIVERHEAD AND ASKED TO STOP. I BELIEVE HE GOT A STOP WORK ORDER. SO IMMEDIATELY CEASED ALL CONSTRUCTION. SO IT'S BEEN JUST SITTING THERE FOR A LONG TIME. AND IT'S BEEN FRAMED FOR SOME TIME. WE HAD GONE BACK AND FORTH WITH ANDREA SOFOLOKIS FROM THE BUILDING DEPARTMENT TO MAKE SURE WE HAD ALL OF THE REQUIRED VARIANCES IN ORDER. WE WERE ORIGINALLY SUPPOSED TO BE HEARD BY THIS BOARD A FEW MONTHS BACK. BUT THEN ADJOURNED IT BECAUSE WE REALIZED THE HOT TUB HAD TO BE ADDED AND THERE WAS JUST A COUPLE OF THINGS THAT NEEDED TO BE CLARIFIED WITH LOT COVERAGE. SO WE ARE NOW IN A POSITION TO BE BEFORE YOU TO DISCUSS THESE VARIANCES. IN ADDITION TO THE PHOTOS THAT WE HAVE, I HAVE A PACKET HERE WHICH WOULD TAKE A VERY LONG TIME TO LAY OUT. SO IF I MAY, I'LL HAND IT TO MAYBE TRACY AND SHE COULD PASS IT ALONG. IT IS A PACKET OF SIMILAR VARIANCES THAT HAVE BEEN GRANTED FROM SIMILAR AREAS OR AREAS IN THE NEIGHBORHOOD, WAITING RIVER, BUT ALL WITHIN THE SAME ZONING DISTRICT. IS IT HEATHER OR TRACY? IT'S HEATHER. WHY DO I KEEP CALLING YOU TRACY? YOU'RE CRAZY TODAY. THANK YOU, HEATHER. SO LET ME ASK YOU A QUESTION. ON THE PLAN, THERE IS ONE SHED WHICH THE BUILDING DEPARTMENT IS REQUIRING TO BE REMOVED, CORRECT? REQUIRING IT, I'M NOT SURE, BUT WE ARE AGREEABLE TO REMOVING IT. OKAY. YEAH. SO WE WILL BE REMOVING IT. IT'S THE SMALL SHED THAT'S LOCATED RIGHT ADJACENT TO THE FRAME BUILDING AND IT IS 7.9 FEET BY 11 FEET. OKAY. SO THAT'S BEING REMOVED. IT'S NOTATED ON THE SURVEY AS SUCH. HOW LONG HAS THE JACUZZI BEEN IN PLACE? IT'S LIKE A WHILE. AT LEAST FIVE YEARS. OKAY. MR. USAPOV PURCHASED IN 2016. SO THERE'S NO PRIOR APPROVAL FOR THE SNOOP BUILDING WITH IT? THE FRAME STORAGE BUILDING, NO. THAT'S WHY WE'RE NOT REQUIRING IT. OKAY. SO WE'RE NOT REQUIRING IT. OKAY. SO WE'RE NOT REQUIRING IT. DO WE REQUIRE TO RECEIVE NO. THAT'S WHAT PROMPTED THIS WHOLE THAT'S WHAT PROMPTED THIS WHOLE THAT'S WHAT PROMPTED THIS WHOLE THING. THING. THING. THAT'S WHAT BROUGHT US HERE. THAT'S WHAT BROUGHT US HERE. HOW WOULD YOU GET FROM THE HOW WOULD YOU GET FROM THE HOW WOULD YOU GET FROM THE CURBCUT BY CAUSE? CURBCUT BY CAUSE? CURBCUT BY CAUSE? HE'S NOT USING IT FOR A HE'S NOT USING IT FOR A THIS IS A PRE-FAB STRUCTURE THAT IS CALLED A CARPORT, WHICH IS WHY I THINK IT'S TRANSLATED ON PAPER WITH THE BUILDING DEPARTMENT AS A CARPORT. MR. YUSAPOV IS GOING TO BE USING IT FOR STORAGE ONLY. STORAGE FOR LAWN EQUIPMENT, A LAWN MOWER, SEASONAL OUTDOOR FURNITURE, POOL EQUIPMENT STORAGE, CHILDREN'S TOYS, ET CETERA. PARDON ME, THERE IS ONE SHED ALREADY, CORRECT? YES, A SMALL SHED. THERE'S A FEW SHEDS. YEAH, THEY'RE SMALL. NO, I GET IT. YEAH, THIS IS A LARGER HOUSE. SO YOU HAVE THREE-CAR GARAGE, RIGHT? MM-HMM. AND IN THE THREE-CAR GARAGE, DO YOU KEEP VEHICLES IN THERE? THE INTENTION IS TO MOVE EVERYTHING OUT OF THE GARAGE, PUT IT IN THE STORAGE BUILDING, AND USE IT FOR THE VEHICLE STORAGE. OKAY. THAT CANNOT HAPPEN RIGHT NOW BECAUSE EVERYTHING IS IN THE GARAGE. WHAT'S THE SQUARE FOOTAGE OF THE HOME? THE SQUARE FOOTAGE OF THE HOME, WELL, THE BUILDING SQUARE FOOTAGE AS FAR AS COVERAGE IS 3,100 SQUARE FEET, AND THAT DOES NOT INCLUDE THE SECOND FLOOR BECAUSE IT WOULDN'T SO IT'S PROBABLY ABOUT, I WOULD SAY, 4,500 SQUARE FEET TOTAL. SO IN THE GARAGE NOW YOU HAVE ALL THE LAWN EQUIPMENT AND ALL THAT ACCESSORY EQUIPMENT? SOME OF IT'S IN THE SMALL SHEDS. THE REST OF IT IS IN THE GARAGE. AND YOU HAVE A FULL BASEMENT? YES. BUT YOU WOULDN'T REALLY STORE THINGS LIKE THAT IN THE BASEMENT. STORE THINGS LIKE WHAT? EITHER WAY. LIKE A LAWN MOWER AND THINGS LIKE THAT THAT WOULD HAVE GASOLINE LEFT OVER, A SNOWBLOWER, THEY'RE A BIT DIFFERENT TO GET IN A BASEMENT, AND THEY ALSO CONTAIN FUEL THAT ALWAYS KIND OF STAYS IN THE TANK. SO WHY WOULD YOU NEED AN 800 SQUARE FOOT BUILDING TO STORE LAWN MOWERS AND THINGS LIKE THAT? HE HAS, AS YOU CAN SEE, ALMOST A THREE QUARTER OF AN ACRE PROPERTY. THERE'S A LOT OF STUFF ON THE PROPERTY. HE WANTS TO BE ABLE TO STORE ALL THE THINGS THAT HE NEEDS STORAGE FOR IN THE BUILDING. ARE YOU AWARE THAT THERE HAS BEEN SOME LETTERS OF OPPOSITION? I HAVE NOT SEEN ANY OF THE LETTERS, BUT MR. YUSUPOV KNOWS THAT HIS NEIGHBORS HAVE COMPLAINED. I WAS CONTACTED BY AN ATTORNEY FOR ONE OF THE NEIGHBORS A WHILE BACK. HE WANTED TO DISCUSS THE CASE, BUT WE NEVER REALLY DISCUSSED IT. HE SAID THAT INSTEAD HE WOULD, I GUESS, SEND A LETTER INTO THE BOARD. SO I DO NOT KNOW WHAT THE COMPLAINTS ARE. FOR YOUR INFORMATION, I UNDERSTAND WE'VE RECEIVED FULL LETTERS. OKAY. SO, COUNSELOR, CAN YOU TELL ME, ANN MARIE? YES. CAN YOU TELL ME THE CONTEXT OF THE LETTERS? DO YOU HAVE ANY MEMORY OF THEM? YES. SO, ESSENTIALLY... WERE THERE CERTAIN ACTIVITIES GOING ON THERE THAT THEY WERE UPSET ABOUT, OR THEY JUST BUILT IT WITHOUT A PERMIT? YES. SOME OF THE LETTERS MADE SPECIFIC COMPLAINTS ABOUT DELIVERY TRUCKS, RESULTING IN STORAGE OF PALLETS ALONG THE ROAD. OTHER NEIGHBORS EXPRESSED COMPLAINTS. SOME OF THEM EXPRESSED COMPLAINTS AND CONCERNED WHAT THE TRUE USE OF IT WOULD BE, ARGUING THAT IT CERTAINLY WASN'T CONDUCIVE AS A CARPORT. OTHERS WERE CONCERNED BECAUSE IT SERVES... IT'S A CORNER LOT, AND IT SERVES AS A GATEWAY INTO THAT COMMUNITY. OKAY. SO, AS FAR AS IT BEING ANY KIND OF EYESORE OR... I DON'T KNOW. I DON'T KNOW. DO YOU HAVE ANY COMMENTS TO TO TO TO TO TO TO TO TO TO TO TO TO TO TO TO TO TO TO TO As you can see in the photos, there is a very, very heavy hedge of Arborvitae along the entire property line. And it's actually, there's a photo which the sign appears in up on the screen that you could see that is the area of the yard where the building is adjacent to. And you could see in the pictures, you cannot see it at all. It is completely obscured from the hedge. As far as the intention- What was the purpose of installing concrete in between the partially constructed structure and the roadway? There's a concrete pad there. A pad? Between the landscape and the building. I think it's an apron. Oh, yeah. It's just- Concrete apron. Yeah. Well- It's usually for vehicle access. Is it an apron? Yeah. These may be a four or five feet. It's not as big as an apron. It's just an apron. Yeah. It's just an extension of the concrete pad that was poured for the actual structure. If you could look in the pictures, you'll see that it is concrete and then there's a paver walkway. It's actually 13.2 feet. Yeah. It's significant. Yeah. No, no, no. What I'm saying is it was just an extension of- He's saying it's four or five feet. It's 13.2 feet. I'm talking about the width. Sorry about that. Not the length. The width of the- The width is 13.2 feet. It's 13.2 feet. And the depth is? Yeah. It's- Okay. So I apologize. Okay. He has to- And it looks like it's 40 feet wide. He has to be sworn in. He has to get on the mic. He has to be sworn in. They're talking about this right here. But this doesn't cut to the street, right? Like you can't pull a vehicle- Excuse me. Right? If you're going to speak, we're going to- He has to be sworn in. Right hand. I solemnly swear to tell the truth, the whole truth, nothing but the truth, so help me God. Yes, I do. Please state your name and address. Okay. In the mic.

Try to speak into those mics though. No problem. I apologize. All right. So here I was talking about this. I apologize. This was the step. But there's no concrete in the back line. There's just a whole bunch of trees. It's empty. There's no concrete behind the structure at all. Okay. So the survey is maybe they made a mistake, but the only concrete is where the structure is on. There's no concrete after the- No concrete between the landscaping and the structure. Correct. And you can see there is this right here. It's basically grass all the way through. All right. We can have the survey corrected. Would you agree with me? Bring up that other photo. The other photo. Go to the other photo. The one I think in the upper right hand corner. This one? Yeah. Okay. Isn't that kind of white for a lawn mower? No. So what's in? The use for this will be... So we have like sometimes parties. We have chairs for the summertime, tables, kids bikes and stuff like that. My kids are growing up and we're going to have a lot of stuff. So this will be used as a storage for all, everything that we could think. Like just a pool. Just a pool. It's a huge pool. So we have those. They're bringing all the equipment usually once the pool is done. I have my tools, my personal tools that I use to repair the properties, clean up the house and stuff like that. So I know it's kind of big. It is big. Very big. It's big. But like I said, with the eyesore situation where it's literally blocked off from the street. You're not going to be able... Yeah. You're not going to be able to use it. You're not going to be able to use it. You're not going to be able to use it. And so I think that if you really have to come close to really peep at the thing. But other than that, like I said, it will be used as a storage. And Mr. Gazzillo, just to further on your question. It is again a prefab building. So there is no choice on size of door. It's just how it comes as a package. They can change the sizes. Well, if he pays somebody to come do it. Yes. Well, I don't know that they've modified them. But... He could potentially make it smaller. So in the emails and the letters that we have received, people are citing that you are receiving excessive amount of deliveries, pallets in the street. I'll answer that. I'm asking him. Okay. And I want to know, are you running a business out of your house? So during COVID time... Up to the mic, please. During COVID time... Yes. I had lost my job. So I was basically working from home. Okay. And I was selling stuff through Amazon. So we did get deliveries in. We were selling return items. We were selling them through Amazon. So I could keep my property, keep paying my mortgage, pay the taxes and everything else. Okay. However, are you doing it now? Yeah. Okay. So once the neighbors had an issue, we stopped right away. We actually got another property in Queens. We're doing our business through there. We had stopped. I mean, if you get any complaints, those are complaints are two years back with the first time when we started. There's no trucks been there for the past two... Since the last issues that we had, nobody could tell you. And again, I'm on the old. There's been no delivery trucks, nothing being sold, nothing, no businesses. I'm not shipping anything and stuff like that. So that definitely... If you can see your notations, you're not going to see anything since when we had an issue with the... Okay. So I'm not going to see anything since when we had an issue with the... Okay. Since when we had an issue with the... With my neighbors, we stopped right away. It's not like, Hey, I'm going to continue doing it. We went actually to the building department to see if we could get work from home issues. But once they said that you're going to need, like you said, permits and stuff like that. So it was understandable that, Hey, my neighbors are not happy and my neighbors are not happy and that we're going to need things. So that's why I decided to do it in another place. And like I said, we're not using that property for almost two years, not being used that property as a working-from-home situation. Mr. Prudenti, of the letters we received, was there any objection to the jacuzzi, per se? No. No objections to the jacuzzi. So, excuse me, since you've stopped doing all of these things and everything, what's in your garage now? In my garage? Yeah. I have cleaning supplies. I have the pool equipment. I have my car in there for my Tesla. I have just a variety of stuff. And then I have my tables, chairs for my summer stuff. Everything's still outside. And during the wintertime, they get damaged and stuff like that. We have a barbecue. We have a barbecue area. All this equipment and stuff like that still stays outside during the thing. And the small chicken house, we're using it right now for the pool stuff. But like I said, that will be removed to our –

Yeah, so we're going to remove that and use that one main one for our – use that for our main storing for everything. How many cars do you have? I don't know. Right now I have one. But – Okay. Okay. Okay. Okay. My kids are growing up already. And my wife wanted, you know, have also a car. So that's two cars right there. Plus, again, my kids are growing up. And we were going to be there for a long time to come. Thank God. And we purchased this property in 2016 when my family was very small. So now we're growing. And, you know, hopefully – Excuse me. One other question I have. Behind the house there is a diagram of a one-story frame, with an open porch. What is that? That's right here. A sunroom? That's a sunroom. Built with residents. Yeah, it was... This property was built with the house and everything. The property was purchased and no extension or anything was added to that property. Mr. Chairman, may I make some comments? Certainly. Sure. Is there storage above the garage? No. That's living area, correct? No, it's empty. No living area. It's not living area, but it's accessible? It can be used for storage or no? That's a three-bay garage, correct? It's a cable roof. You have three-bay doors to the garage? Correct. And you have a gazebo? The gazebo, you said, has to be removed. No, no, no. Sorry. Currently, you have a gazebo. Yeah. You have two sheds, right? Well, he has two sheds, but one are being removed. Correct. So, Mr. Chairman, if I may, so I went through the documents that purport to demonstrate same or similar relief. I don't believe they do at all. Just going through them real quick, I'm going to fire it off. The first one you gave me, that was an... an application for a deck attached to the house on a substandard, very small lot. The second one you gave me was for a deck and a shed, 14 by 14, again, on a small substandard lot. The next one was for a 12 foot by 15 foot roof over a patio and rear addition, again, on a substandard lot. The next example you gave me was simply a deck attached to a house on a substandard lot. These substandard lots, some of them, members of the Zoning Board of Appeals should be aware, were significantly small, 6,000 square feet, 1,600 square feet. And none of these applications that you gave me relate to a storage building on residential property. These were all, quote, decks, additions, and small scale sheds. So, it doesn't change the code, though. The code is the same for all accessory structures. So these are similar in that an accessory structure was granted for these setbacks. So, the first one you gave me was for a deck attached to a substandard lot. The second one you gave me was for a deck attached to a house on a substandard lot. These substandard lots, some of them, were significantly small, 6,000 square feet. And none of these applications that you gave me relate to a storage building on residential property. These were all, quote, decks, additions, and small space sheds. So, the code is the same

I UNDERSTAND THAT. EACH CASE IS UNIQUE, OF COURSE. YOUR CLIENT'S PROPERTY. NO, OF COURSE. THEY'RE COMPLETELY DIFFERENT PROPERTIES AND EACH PROPERTY IN ANY GIVEN MUNICIPALITY IS UNIQUE. IN THIS CASE, THE UNIQUENESS OF THIS PROPERTY IS THAT IT IS A CORNER LOT. IT FRONTS ON BOTH TACONIC AND MAIDSTONE LANE. ADDITIONALLY, AS FAR AS CRITERIA FOR VARIANCES, THIS IS CREATING NO ENVIRONMENTAL HAZARD. IT'S NOT CREATING AN IMPACT TO THE NEIGHBORHOOD AS IT'S COMPLETELY UNSEEN FROM THE STREET. AS FAR AS CHANGING THE CHARACTER OF THE NEIGHBORHOOD, I WOULD SAY IT WOULDN'T. THESE ARE ALL LARGE LOTS AND I'M SURE CAN AFFORD ANY NUMBER OF ACCESSORY STRUCTURES ON THEM WITHOUT IT LOOKING OVERCROWDED OR EVEN IN THIS CASE WITH THE IMPERVIOUS SURFACES BEING WHERE THEY ARE, WE DID FIND COMP SIMILAR TO THE IMPERVIOUS SURFACES THAT WE'RE ASKING AS FAR AS COVERAGE, IF NOT MORE. IN MY OPINION, WELL. OBVIOUSLY SOME OF THOSE COMP ARE CLEARLY DIFFERENT STRUCTURES THAN WHAT WE ARE PROPOSING. THESE ACTUALLY ARE IN FACT SIMILAR IN THAT THE ACCESSORY STRUCTURE CODE DOESN'T CHANGE. AND IF YOU LOOK AT EACH UNIQUENESS OF ANY LOT, IN THIS CASE A CORNER PROPERTY, I WOULD SAY THAT THESE WOULD BE COMPARABLE. AND THAT'S WHAT WE FOUND TO GIVE TO THE BOARD. WE DID A LOT OF RESEARCH TO FIND SIMILARITIES FOR MR. YUSUFOV SO HE COULD KEEP THE STRUCTURE THAT HE BEGAN TO BUILD. OBVIOUSLY HE UNDERSTANDS IN THE FUTURE. NOT TO BUILD THINGS WITHOUT PERMITS BECAUSE WITHOUT THE BENEFIT OF A PERMIT WE DON'T KNOW WHAT'S GOING TO HAPPEN WHEN WE GO BEFORE A BOARD, ET CETERA. SO LESSON LEARNED FOR THE HOMEOWNER. BUT NONETHELESS HE DID SPEND A SUBSTANTIAL AMOUNT OF MONEY CONSTRUCTING THIS STRUCTURE. IT HASN'T BEEN USED FOR ANYTHING YET. SO ANY, YOU KNOW, CLAIMS THAT IT'S BEING USED FOR STORAGE OF A HOME BUSINESS IS ALL SPECULATIVE AND HEARSAY. THE BUILDING CAN'T BE USED. IT'S NOT EVEN COMPLETELY BUILT YET. SO WITH THAT SAID, I WOULD RESPECTFULLY REQUEST THAT THE BOARD GRANT OUR VARIANCE SO THAT WE CAN MOVE FORWARD WITH THE PROPER PERMITS AND CLOSE EVERYTHING OUT AND HAVE MR. USAPOV BE IN COMPLIANCE. I'M GOING TO REPEAT. WAIT A MINUTE. WAIT A MINUTE. YOU AGREE WITH US THIS IS SELF-CREATED? YES. 100%. THERE ALMOST ALWAYS ARE. HOLD ON. IS THERE ANYBODY HERE THAT WANTS TO SPEAK FOR OR AGAINST THIS? OKAY. IS THERE ANYONE ON ZOOM THAT WOULD LIKE TO MAKE A COMMENT ON THIS VARIANCE? OKAY. OKAY. YOU SAID YOU HAD TWO ON ZOOM? I HAVE TWO. IT LOOKS LIKE SOMEONE IS TURNING ON THE CAMERA. MAYBE SOMEONE IS TRYING TO GET ON. SO IF I WERE TO TALK TO CODE ENFORCEMENT AND THEY WOULD TELL ME THAT THEY HAVEN'T GOTTEN ANY COMPLAINTS ABOUT ANY DELIVERIES IN THE LAST TWO YEARS. NO, YOU WOULDN'T. AND I'M ACTUALLY, LIKE I SAID, A QUERTIFICATED PERSON. WHEN THE FIRST TIME THEY CAME ONE TIME, THEY TOLD ME TO STOP BUILDING. WE AUTOMATICALLY STOPPED. THE FIRST THING I DID, WE WENT TO THE BUILDING DEPARTMENT. I INTRODUCED MYSELF TO EVERYBODY THERE. OKAY. WE GOT EVERYTHING UP IN CODE. AND LIKE I SAID, LIKE THE PROPERTIES, THAT THING HAS BEEN USED FOR NOTHING. AND IF ANYBODY HAS AN ISSUE, LIKE I SAID, IF I'M DOING SOMETHING WRONG, IF I WOULD HAVE TRUCKS COMING IN, YOU KNOW, ONCE AGAIN, I WILL BE IN TROUBLE. SO LIKE I SAID, THE MINUTE THEY HAD AN ISSUE, I STOPPED IT RIGHT AWAY. AND I'M NOT GOING TO DO ANYTHING. I STOPPED IT RIGHT AWAY. WE LOOK FORWARD. SO YOU STOPPED DELIVERIES? NO. STOPPED WORKING AT ALL. NO. DELIVERIES OF PRODUCTS. NO. AMAZON. YES. YES. THEY STOPPED. AND WE ALSO NOT WORKING FROM HOME ANYMORE. SO NOW YOU'RE OPERATING OUT OF A FACILITY IN QUEENS? CORRECT. YES. AND I HAVE, WHAT'S IT, I DON'T KNOW, IF YOU NEED, I PROVIDE YOU WITH THE PROPERTY ADDRESS, WITH ALL THE INFORMATION TO THE PROPERTY, IF THAT NEEDS TO BE TO THAT. BUT I DID PROVIDE YOU WITH THE PROPERTY ADDRESS. OKAY. SO I PROVIDE THAT TO HER AND TO THE PERSON WHO HAD AN ISSUE, TO THE NEIGHBOR. WE PROVIDED THE INFORMATION TO THEM SAYING THAT, HEY, WE'RE COMPLYING. WE'RE TRYING TO MAKE, YOU KNOW, IT WASN'T LIKE SOMEBODY SAID SOMETHING. AND I SAID, HEY, I'M GOING TO DO IT NO MATTER WHAT. BUT THEY HAD AN ISSUE AND I RESOLVED IT THAT DAY. SO NO COURT ENFORCEMENT. NOBODY, THERE WAS NO ISSUES AT ALL AFTER THAT DAY. AND I'VE BEEN KEEPING MY PROPERTY. OKAY. I CERTAINLY WOULD LIKE TO DO MY DUE DILIGENCE AND TAKE A LOOK AND SEE IF THERE'S ANYTHING THAT'S WRONG. I WOULD LIKE TO SEE IF THERE'S ANYTHING ON THE RECORD OR ANYTHING HAS BEEN DONE OR ANY COMPLAINTS OR ANY ADDITIONAL LETTERS HAVE BEEN SUBMITTED BEFORE I CAN RENDER MY DECISION. SO I RESPECTFULLY ASK THE CHAIRMAN AND THE REST OF THE BOARD MEMBERS TO AT LEAST GIVE US A TWO WEEK PERIOD. I THINK THREE WEEKS. THREE WEEKS. SO THREE WEEKS TO THE NEXT MEETING. THAT WILL BE THE 13TH. JUNE 13TH. I, UM, THAT WOULD BE FINE. I CANNOT ATTEND THAT DAY. I HAVE HEARINGS IN PORT JEFFERSON VILLAGE. AM I ABLE TO ATTEND ON ZOOM AS AN AGENT? SURE. OKAY. GREAT. I COULD MAKE THAT WORK. IF YOU WOULD PREFER A DIFFERENT DATE SO YOU CAN PERSONALLY APPEAR, SIMPLY LET US KNOW. WE'LL ACCOMMODATE THAT. IT'S OKAY. ONLY BECAUSE I OFTEN HAVE HEARINGS ALL OVER THE PLACE. IT CAN BE A CONFLICT AT ANY POINT. SO WE MIGHT AS WELL WORK IT OUT. THE SOONER THE BETTER. OKAY. THANK YOU. NO ONE IS ANSWERING. NOBODY IS ANSWERING. ANYONE ELSE ON ZOOM? YES, SIR. CAN YOU PUT THE ZOOM SCREEN UP? JASON? SO ANYBODY ON ZOOM, IF YOU WANT TO SPEAK, NOW WOULD BE THE TIME. IF YOU WANT TO TUNE IN. IN THE MEANTIME, WE'LL DO OUR DUE DILIGENCE AND WE WILL LOOK INTO IT FURTHER TO SEE IF THERE ARE ANY OTHER ACTIVITIES THERE. I MEAN, I WOULD LIKE TO BELIEVE YOU. I REALLY WOULD. BUT THERE'S OTHER CONSIDERATIONS BECAUSE THERE IS AN OVERUSAGE OF THIS PROPERTY. IT HAS A LOT OF STRUCTURES ON IT. IT HAS A LOT OF LOCK COVERAGE THAT EXCEEDS THE CODE. SO IT'S A BIG CONSIDERATION. SO WE WILL DO OUR WORK, HOMEWORK, AND WE'LL TALK TO YOU ON IN THREE WEEKS. CAN WE MAINTAIN THE PHOTOGRAPH? JUNE 13TH. YEAH, YOU CAN KEEP THOSE. JUNE 13TH? YEAH, SECOND. ALL RIGHT. SO WE'RE GOING TO. WE MOVE THAT PLEASE. APPEAL NUMBER 2023-042. THREE TACONTO COURT WAITING RIVER BE ADJOURNED UNTIL JUNE 13TH, 2024. SECOND. MR. BARNES. AYE. MR. GONZALO. AYE. MR. ZAWESKI. AYE. MR. PORCIA. AYE. AND I VOTE AYE. SO WE'LL SEE YOU ON THE 13TH. IS THAT WHAT IT WAS? YES. JUNE 13TH. JUNE 13TH, SIR. YEAH, THAT'S WHAT I SAID. SO WE'LL SEE YOU ON THE 13TH. JUNE 13TH. JUNE 13TH. JUNE 13TH, SIR. YEAH, THAT'S WHAT I SAID. OKAY. THANK YOU VERY MUCH. HAVE A GOOD EVENING. ALL RIGHT. THANK YOU TO. TO. TO. TO. TO. TO. TO. TO. TO. TO. TO. TO. TO. TO. TO. TO. TO. TO. TO. TO. TO. TO. TO. TO. TO. TO. TO. TO. June 13th, sir. Yeah, that's right, sir. Okay. Thank you very much. Have a good evening, everybody. All right, thank you for coming in. Thank you.

All right.

Any other homework? Minutes? No. Are they done? It's warm in here. Are they done? They're warm in here.

Heather, do we have any minutes to approve or anything like that? Yes. April 11th, 2020. All right, may I have a motion? So moved. All in favor? Aye. Unanimous. What's the next one? Chairman? June 13th is the next meeting. Okay, no, but does someone have an adjournment? So moved. Second. All in favor? Aye. It's been a pleasure, guys. It was really great. Have a good night, folks. Thank you.

Thank you.