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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.