June 13, 2024 — Zoning Board of Appeals

Zoning Board Meeting

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0:00Thank you.
0:30Thank you.
1:00We would like to start the session with a Pledge of Allegiance to the flag.
1:04If you would join us.
1:10I pledge allegiance to the flag of the United States of America,
1:15and to the republic for which it stands,
1:17one nation, under God, indivisible, with liberty and justice for all.
1:23Thank you.
1:30Are we ready?
1:34Ready.
1:34All right.
1:36First, we have Appeal No. 2023-042, Pinchas-Uzapoff,
1:423 Taconic Court, Wading River,
1:44Suffolk County Tax Map No. 600-115-1-10.17,
1:50Residence B-80 Zoning,
1:53Applicant Requests Variances and or Relief from Chapter 301-29A-1B,
1:59where Accessories,
2:00Side Street Back is 13.2 feet and a minimum of 60 feet is required,
2:04301-29A-1C,
2:07where Accessory Rear Setback is 15.5 feet and a minimum of 20 feet is required,
2:13301-29A-1C,
2:15where Existing Setback for Jacuzzi is 5.8 feet and a minimum of 20 feet is required,
2:20and 301-31,
2:22where Impervious Surface is 46.5% and a maximum of 15% is permitted.
2:28This was adjourned from May 23,
2:302024.
2:31Subtitles by the Amara.org community
3:00back of our heads out of sorrow there she is hi mr chairman and members of the board uh can
3:08everybody hear me yes yes okay i mentioned last time i was there uh that i i have a uh another
3:16hearing with port jefferson village beginning at 6 30 which is why i'm appearing on zoom
3:21because i obviously couldn't be in two places at once um so um i will have to uh sign off
3:29sharply at 6 25 but i do have some things that i'd like to say i'll just introduce myself again
3:35for the board amy devito woodhull expediting with offices at 800 veterans memorial highway
3:41hop hog new york um so we left off last uh that um the board wanted to double check with um code
3:51enforcement and the law department to make sure there was no further violations than the violation
3:57originally issued from mr
3:59um i i'm sure you guys did check that and hopefully you found that there was nothing
4:04uh new i did want to put a few more things on the record just to clarify some points so we sent uh
4:13over earlier today to heather uh a uh email with some some items in them photos etc um i just want
4:22to go through what's in that packet mr pinchos also has a hard copy for the board to receive
4:29so she's head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head
4:59has elected to further remove the second shed. So we were originally removing the first shed that
5:06is located closer to the frame structure. He is now removing his other shed in an effort to reduce
5:13the lot coverage a bit and to move any stored items from that shed into the frame building
5:19should it be approved. So with that said, the survey was updated to reflect both sheds to be
5:26removed. It also was corrected to reflect that there was no concrete behind the frame structure.
5:35Last time there was a question about that. It's actually just yard and you'll find in the packet
5:41photos of that area showing that it is just you know grass and brush. So there is no concrete
5:49behind that. The reason why I bring that up is because the board did inquire about why there was
5:54concrete behind it and we had
5:56testified that there was not. So you'll see on the survey that area is now called yard.
6:02And that has brought down our lot coverage between that and the removal of the second shed
6:08to now 43.2 percent instead of the original 46.5 percent. So we were able to make the lot coverage
6:15a little bit better. The other items that are in the packet are photos of the street view. So we
6:24wanted to show the board that from the street,
6:26the frame structure is completely not visible. You'll see that there's a very heavy hedge of trees
6:34along the street and you it is completely obscured from view from any property but for Mr. Pinchas'
6:41rear yard when you're standing in it. There was also photos of properties in the area that do have
6:47similar setbacks as far as accessory structures. Not necessarily the size of the structure but
6:55similar setbacks to the property. So that's a little bit of a surprise. So we're going to go ahead and
6:56show you the setbacks we're asking today as well as coverage. And Mr. Pinchas could, you know,
7:03go through the photos with the board as he did take them. But we did want to show you guys that
7:08this is not really uncommon for the neighborhood. There's also in the packet photos of items that
7:16are going to be stored in the frame building and items that are slated for purchase which
7:21will have to be stored in the frame building so that the board could get an idea of why this
7:26is happening. So we're going to go ahead and show you the setbacks that Mr. Pinchas has
7:29made and how the structure has become necessary for Mr. Pinchas.
7:33Trying to do this with one hand. Okay. We also wanted to put on the record that Mr. Pinchas'
7:43business address for his store goods that are related to his business, which is what originally
7:51resulted with the violation, is 163-08 Hillside Avenue in Queens, New York.
7:55Okay.
7:56So that is where all of the items that he sells as tangible goods are stored.
8:05Lastly, before I close out my little speech over here, I just, when we were there with you guys
8:14last time, we had submitted a packet of comps for the different variances that we were requesting.
8:23So I just, I went through them and looked at them.
8:26And I just want to point out a few that stand out to me so that it could be said on the record.
8:33You guys already do have them in your previous packet that we submitted.
8:39So the first one is appeal number 2023-050. That property is 31,000 square feet. It's known as 10
8:49Hickory Street in Wading River. And they received a five foot side yard setback where 60 feet was
8:55required for the
8:56For the second street setback. Just like we're asking. They also did receive a lot coverage
9:02variance of 30%. We're obviously asking for a little bit more for impervious surface.
9:09The next one is appeal number 2021-052, known as 87 Beach Road in Aqua Bog. That property is about
9:1820,000 square feet. And they received a 45.68 lot coverage slash impervious surface variance.
9:26Then we have appeal number 2023-16. The property known as 44 Josephine Drive in Wading River.
9:36That property is about 24,000 square feet. They received a lot coverage for impervious surface
9:42variance for 42.6%. Lastly, we have appeal number 2022-001. That property is known as 13
9:51Harbor Road in Aqua Bog. That property is about 25,000 square feet. And they received a lot coverage for impervious surface variance for 42.6%.
9:56Finally, we have head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head
10:26on the comps you provided last meeting with respect to the comps that you
10:33provided today at 1224 at the zoning board's direction I did research the
10:43building department files and reported back to the zoning Board of Appeals with
10:48respect to those properties and the assertion that they demonstrate a
10:57comparable use or coverage. Okay. I strongly disagree with that. Which is why
11:08I just point it out. The four appeals that have previously been granted. Which are
11:12very similar. They are similar in square footage. They are similar in the relief
11:16or requesting. And they have been submitted
11:18I WILL LEAVE IT UP TO THE BOARD TO DETERMINE IF THEY ARE
11:20APPROPRIATE OR NOT.
11:22DO YOU MIND IF I ASK YOUR CLIENT ABOUT THE PHOTO YOU
11:24SAID HE TOOK THE PHOTOS?
11:26OF COURSE.
11:28MR. PINCHAS IS THERE IN PERSON TO ANSWER ANY QUESTIONS.
11:30YOU TOOK THESE PHOTOS?
11:32CORRECT.
11:34THE FIRST ONE HERE, IT LOOKS LIKE AN OUTDOOR BARBECUE.
11:36CORRECT.
11:38WHEN DID YOU PURCHASE THAT?
11:40WHEN I PURCHASED THAT?
11:42ABOUT FOUR YEARS AGO.
11:44OKAY.
11:46THE SECOND ONE HERE, IT LOOKS LIKE TWO CHAIRS.
11:48CORRECT.
11:50WHEN DID YOU PURCHASE THOSE?
11:52ALL PATIOS, EVERYTHING WAS PURCHASED ABOUT FOUR YEARS AGO.
11:54THE SAME WITH THIS, LOOKS LIKE A TABLE AND SIX CHAIRS?
11:56CORRECT.
11:58THE SAME WITH, CAN YOU GET TO THE MIC, SIR?
12:00I APOLOGIZE, YES.
12:02THE SAME WITH THIS, LOOKS LIKE THREE CHAIRS OR FOUR CHAIRS AND A TABLE.
12:04YES.
12:06FOUR YEARS AGO?
12:08YES.
12:10OKAY.
12:12I'M GOING TO TAKE A LOOK AT THE OTHER ONE.
12:14I'M GOING TO TAKE A LOOK AT THE OTHER ONE.
12:16OKAY.
12:18THIS IS THE LONG TRACK.
12:20THIS IS THE LONG TRACK.
12:22AND THIS LOOKS LIKE?
12:24PICNIC TABLES, TWO OF THEM.
12:26PICNIC TABLES?
12:28YES.
12:30FOUR YEARS ALSO?
12:32YES.
12:34WHAT ABOUT THE LONG TRACK?
12:36ABOUT MAYBE FIVE, SIX YEARS AGO.
12:38WHERE HAVE THEY BEEN STORED THOSE FOUR OR FIVE YEARS?
12:40THEY HAVE BEEN STORED IN THE GARAGE, THEY HAVE BEEN STORED IN THE SHED.
12:42JUST UNPACKING THEM AND PACKING THEM IS SO DIFFICULT BECAUSE THEY ARE SO LONG.
12:44THEY ARE SO LONG.
12:46WE PACK EVERYTHING SO MUCH IN.
12:48AND IT'S JUST TOO DIFFICULT.
12:50AND WE WANT, LIKE I SAID PREVIOUSLY, AS TIME GOES BY, MY KIDS ARE GOING TO START DRIVING A CAR.
12:56AND I HAVE MY WIFE WHO WANTS TO DRIVE A CAR AS WELL.
12:58AND WE DIDN'T MENTION BEFORE THAT MY MOTHER STARTED LIVING WITH US ABOUT A COUPLE OF MONTHS NOW.
13:06SHE HAD A MINOR STROKE.
13:08AND WE STARTED, SHE STARTED LIVING WITH ME.
13:10AND I'M STARTING TO TAKE THE GEAR.
13:12SHE HAS A DISABILITY.
13:14WE GOT THE PLATFORM.
13:16AND I'M STARTING TO DRIVE.
13:18[transcription gap]
13:29emptied for vehicles and will not have space for any outdoor equipment or any tools, anything
13:36like that in the car garage.
13:41Do you ever think of the alternative, going to one of these professional storage spaces?
13:46Renting, you mean?
13:47Yeah.
13:48I mean, they are available, but they're costly, and I'm going to have to drive there to go
13:54pick up stuff, and I have to now rent a van or another tool to keep on bringing stuff
14:00back on the wintertime.
14:02I have a list of things that will be stored over there.
14:08You have holiday stuff like Christmas trees, Christmas lights, and all.
14:12So many items that I have listed that would need to be stored, and I think it would be
14:20comfortable for me to be able to bring them in and out.
14:23And also, we want to purchase more items for the house as well.
14:27That also limits me to purchase right now.
14:32You know, my kids also, you know, getting as a teens now, they want to start to get
14:36like go-karts and other stuff.
14:38We just actually purchased about last week a trampoline that we also put a picture in
14:46there.
14:46So as my kids want, once they grow, they want bigger stuff and more accessible that
14:52needs space.
14:53So we have a lot of space to store them.
14:54This photograph of the outdoor barbecue, for lack of a better word, it looks like it's
15:00probably got to be about 10, 12 feet.
15:02Isn't this a permanent structure?
15:04No, that's not.
15:04That's movable.
15:06It has wheels in the bottom.
15:07It comes into two pieces, and I didn't take pictures, but in the bottom, over the weather
15:11time, everything starts cracking.
15:13That's why I would want to store these, like specifically that grill right there in the
15:20wintertime inside a shed.
15:22Okay.
15:23I didn't show pictures of my snowblower.
15:25It's not small.
15:26It's huge because I have a big property.
15:28And then I have also a grass cutter that you drive on and stuff like that.
15:35Also, it's a big structure to drive in and out.
15:40And like I said, we took also a few extra pictures that we want to purchase, like, you
15:44know, golf cart.
15:45We want to do kayaking, stuff like that.
15:48It requires big things to be stored.
15:53I don't know. You have a garage and two sheds, right?
15:57Three-car garage.
15:58Three-car garage.
15:59And we're removing the two sheds as...
16:02It just seems like we have an abundance of stuff,
16:05and you're going to buy more stuff to store, like kayaks?
16:09I mean...
16:11I'm not laughing. I'm just saying, wow.
16:14I understand, but there's a reason why we moved out from Queens.
16:18We moved all the way to Long Island for a bigger property
16:21so we could enjoy...
16:23We want to have a bigger family as well.
16:25And with things, we need storage.
16:28And then it's not...
16:28All these items that I'm mentioning, they're seasonal items,
16:31so they're not items where that could be all year round.
16:34So a lot of these things are pool equipment,
16:37pool storing, like pool pumps, heat pumps for the pool.
16:40So many pool equipment, just that.
16:42That's, again, like a seasonal stuff.
16:44And then you have, like, bikes and stuff like that.
16:46Again, seasonal stuff, kayaking.
16:49All the materials that I have mentioned,
16:51everything is seasonal, even paddle furnitures
16:53that need to be, you know, wrapped up and stored and stuff like that.
16:57So, you know, a storing will be convenient for me to store them as, you know, a space is...
17:05The house is 4,000 square feet, correct?
17:07I don't know the detail. I don't know the...
17:09Well, according to the records, it's approximately 4,000 square feet.
17:14And it has a full basement, correct?
17:16Correct.
17:18And...
17:19Mr. Chair?
17:19Mr. Chair?
17:21That basement is not a, quote, finished basement.
17:25At least my search of records indicate it's simply a basement.
17:31Okay.
17:32Utilized for storage.
17:34It's not finished.
17:35There's no CO to finish that space, unless you tell me otherwise.
17:40You have more records than I do at that point.
17:43Like I said, we purchased the house eight by eight years ago.
17:46Sorry about that.
17:48Is your basement finished?
17:49Not per record.
17:52It's just for the record?
17:54Whatever the...
17:56You don't know if your basement's finished or not?
17:57We don't use it for...
17:59The question is, is it finished?
18:02Is it habitable living space?
18:04Your basement?
18:05I don't have any paperwork for that.
18:06Like I said, we purchased the property as is.
18:08You don't need paperwork.
18:10I wanted to know, is the basement finished?
18:14Like, is it sheetrock?
18:15Does it have doors?
18:16It has bathrooms?
18:17Yes.
18:17Okay.
18:18Bathroom?
18:19Not...
18:20But yes.
18:20Okay.
18:21You got a rug on the floor?
18:22Yes.
18:23All right.
18:24Just so I wanted to know.
18:25Okay.
18:25Thank you.
18:27Mr. Chairman, may I?
18:28You may.
18:30Okay.
18:31I also wanted to...
18:33Well, first and foremost, whether the basement is finished or unfinished,
18:37you wouldn't really store motor vehicles and things of that nature in a basement, of course.
18:42Meaning, you know, lawnmowers and snowblowers and things like that.
18:48It's just not safe to have that.
18:49It's not safe to have those types of items inside the house.
18:52Some people actually hesitate to even put them in an attached garage for the, you know, fire purposes.
18:57But putting that aside, one thing that I did just want to point out was we did consult
19:06with the manufacturer of the prefabbed frame structure.
19:10Originally, when we left the hearing last, we wanted to just kind of explore if there
19:16was a way to modify the frame structure.
19:19But there wasn't.
19:20So there wasn't a way to make it smaller.
19:21The manufacturer said there there would be no way to make it smaller.
19:26You would have to completely remove it and, you know, build something completely different.
19:32So we did explore options on trying to make it smaller, which would ultimately reduce
19:38lot coverage and reduce the setback.
19:40But I do just want to point out again that, you know, this is a fairly sizable property.
19:47It is very meticulous.
19:49meticulously cared for. He wants to continue meticulously caring for his property and such
19:54that he doesn't want to have storage items all over the place. I think we've been able to
20:00demonstrate that there are comparables similar to what we have requested. And in closing,
20:08the only question I have for the board was, were you able to consult with code enforcement and or
20:15the law department to confirm that no further violations were given?
20:22Well, I am from the law department, and the only issue I may have is, based upon the testimony
20:29tonight, a certificate of occupancy for the basement, because my research of records
20:35indicates that it is a completely unfinished basement.
20:41Right. And the reason why I'm, and I understand that, well, obviously,
20:45address that. But the reason why I'm asking is because when we were at the hearing with you last,
20:51you weren't able to confirm that there was any further violations from the one that was
20:56originally given for this particular building as per the original complaint and the neighboring
21:03property. So I'm just confirming because that was one of the questions that there have been
21:08no further violations for this particular building since the original violation was issued.
21:12Correct. The original violation...
21:15Okay.
21:16...for illegal construction of a proposed carport, 21 by 40, am I quoting that right?
21:2421 by 40, is still an open violation pending this proceeding.
21:31Okay. So I just want to say that I do have to sign off because I have to go upstairs into
21:37Fort Jeff Village Town Hall because I have a hearing starting promptly at 630. So before I do that,
21:43does the board have anything to say?
21:44Okay.
21:44[transcription gap]
21:45Okay.
21:45[transcription gap]
21:45Okay.
21:45Okay.
21:45[transcription gap]
22:15regarding this application.
22:19It's been circulated to members of the board.
22:22All right.
22:23Once again, respectfully, Mr. Chairman,
22:26regarding appeal number 2023-042,
22:30I move that the appeal of Pinches, Yusuf Puff,
22:33Free Taconic Court, Wading River,
22:35SCTM number 600-115-1-10.17,
22:41residents B-80 or B-80 zoning,
22:45for variances and or relief from Chapter 301-29A1B,
22:50where accessory side street setback is 13.2 feet
22:54and a minimum of 60 feet is required,
22:5730-29A1C,
23:00where accessory rear setback in parent carport is 15.5 feet
23:06and a minimum of 20 feet is required, 301.
23:09There's 29A1C,
23:11where existing setback for jacuzzi is 5.8 feet,
23:15and a minimum of 20 feet is required,
23:18and 301-31, where impervious surface is 46.5%,
23:25and maximum of 15% is permitted,
23:29be granted in part and denied in part,
23:32as set forth in detail below
23:34and subject to the following conditions.
23:36The relief requested for rear yard setback for the jacuzzi is 5.8 feet,
23:42where a minimum is required,
23:45a minimum required is 2.0 feet,
23:48and it is granted in accordance with the applications and sketches
23:51with amendments thereto, if any,
23:53as filed with the building inspector,
23:55subject to removal of the shed described on the survey prepared by FAMSAS,
24:01LE, dated February 22, 2024,
24:05as frame shed 11.3 times 7.9,
24:10as accessory structures as described in 301-29,
24:15subdivision D only provides for one such shed accessory structure.
24:20And the relief requested for a carport, 984 square feet, 24 by 41,
24:27partially constructed without building permit at the time
24:31of construction originally described in the application
24:34as a carport but at the hearing corrected and described
24:37as a storage building and not for storage of cars by applicant.
24:42To it, accessory side streets.
25:15SQUARE FOOT BASEMENT, THREE BAY GARAGE, EXISTING STORAGE SHED AND A VARIETY OF OTHER IMPROVEMENTS
25:21SUCH THAT IMPERVIOUS SURFACE COVERAGE RELIEF IS THREE TIMES THAT WHICH IS PERMITTED WILL
25:28HAVE A NEGATIVE IMPACT UPON THE NEIGHBORHOOD.
25:31THE STORAGE STRUCTURE IS ATYPICAL IN THIS NEIGHBORHOOD AS IS THE IMPERVIOUS SURFACE
25:36RELIEF.
25:37IT IS THE OPINION THAT THE STORAGE STRUCTURE PROPOSED IS MORE SUITABLE FOR THE ZONING DISTRICTS
25:44WHICH PERMIT COMMERCIAL AND INDUSTRIAL BUILDINGS.
25:47THE ZONING BOARD OF APPEALS IS NOT CONVINCED THAT THE EXISTING HOUSE, BASEMENT, GARAGE
25:51AND STORAGE SHED DOES NOT PROVIDE APPLICANT WITH REASONABLE STORAGE, THE TYPICAL HOUSEHOLD
25:57ITEMS, LAWN OR POOL EQUIPMENT.
26:00APPLICANT HAS TESTIFIED THAT HE ONLY HAS ONE VEHICLE AND DUST SLEEVES LEAVING TWO GARAGE
26:04BASE BASEMENT AND A SHED FOR STORAGE USE.
26:07IN ADDITION, THE APPLICANT IS UNABLE TO DOWNSIZE THE AMOUNT OF STORAGE.
26:11APPLICANT COULD LEASE THE STORAGE UNIT.
26:13THERE ARE SEVERAL SELF STORAGE FACILITIES WITH PROXIMITY OF THE APPLICANT'S RESIDENCY.
26:19PARENTHETICALLY, THE NEED FOR A VARIANCE HAS BEEN SELF-IMPOSED AND ALSO CONSTRUCTION WAS
26:25BEGUN BEFORE IT WAS APPROVED.
26:27THE ZONING BOARD OF APPEALS DID ALSO CONSIDER THE LETTERS OF NEIGHBORS OBJECTING TO THE
26:31CARPORT STORAGE BUILDING.
26:33FINALLY, THE ZONING BOARD OF APPEALS DETERMINES THAT THE REQUESTED VARIANCE IS SUBSTANTIALLY
26:39STEEKING NOT SIMPLY THREE TIMES THE IMPERVIOUS SERVICE ON A GARAGE.
26:43IT IS A GOOD-SIZED LOT, BUT ITS STORAGE STRUCTURE IS NOT IN KEEPING WITH THE NEIGHBORHOOD OR
26:48CUSTOMER RESIDENTIAL USE.
26:50SECOND.
26:51[transcription gap]
26:54PORSCHE.
26:55I SECOND.
26:56OKAY.
26:57VOTE.
26:58IN FAVOR.
26:59OKAY.
27:01ZAWESKI.
27:02AYE.
27:04BARNES.
27:05AYE.
27:07GIOZZILLO.
27:08AYE.
27:09AND I VOTE AYE.
27:10SO THE VARIANCE HAS BEEN READY.
27:11OKAY.
27:12THANK YOU.
27:13THANK YOU.
27:14ALL RIGHT.
27:15UP NEXT WE HAVE APPEAL NUMBER 2024-013.
27:25ROBERT TURNER.
27:2689 MORNINGSIDE AVENUE, JAMESPORT.
27:28SUFFOLK COUNTY TAXNUM NUMBER 600-89-1-16.2.
27:34RESIDENTS B40 ZONING.
27:36PROPOSED ADDITIONS TO RESIDENTS.
27:38APPLICANT REQUESTS, VARIANCES AND OR RELIEF FROM CHAPTER 301-17 WHERE PROPOSED SIDE YARD
27:43SETBACK IS 9.9 FEET AND THE MINIMUM REQUIRED IS 25 FEET.
27:46WHERE PROPOSED REAR YARD SETBACK IS 10.2 FEET AND THE MINIMUM REQUIRED IS 60 FEET.
27:51AND WHERE PROPOSED FRONT YARD SETBACK IS 34 FEET AND THE MINIMUM REQUIRED IS 50 FEET.
27:56ARE YOU A LAWYER, MR.
27:57TURNER?
27:58I AM NOT.
27:59I AM A SALES PROFESSIONAL.
28:00YOU SAW THE LAWYER TELL THE TRUTH, ALL TRUTH, NOT THE TRUTH.
28:01DO YOU WANT THE GUIDE?
28:02I DO.
28:03PLEASE STATE YOUR NAME AND ADDRESS.
28:04MY NAME IS ROBERT TURNER.
28:05I RESIDE AT 89-1-1-1.
28:06I AM THE LAWYER.
28:07I HAVE DONE 29 POLITICIANS.
28:16I WAS IN POLITICIANS' CLUBS.
28:19[transcription gap]
28:29to recuse myself and admit that I did not participate
28:34in the working meetings.
28:35Mr. Turner and I have been friends for nearly 50 years,
28:38so I'm just officially stating that.
28:40I didn't realize I had to do it before you spoke.
28:42Mr. Oh, okay.
28:43Mr. So, for the record,
28:45the record, he did not participate in review,
28:50and he's going to recuse himself from voting.
28:55Mr. So, just a little background about me.
28:57I am a graduate of St. John's Parochial School
29:00here in Riverhead and Mercy High School.
29:02Just don't ask me the year I graduated, ladies and gentlemen,
29:05because I don't want to lie to you and start off on a bad foot.
29:08So, the purpose of the, we just really wanted, my wife and I,
29:12we are full-time residents of the North Fork
29:14as of May of last year,
29:17and we want to enclose the area from the house
29:21on the northern side to the garage.
29:24The reason being is, it just, this winter,
29:27it wasn't what I expected, a little inclement weather,
29:30but we want to just, so we can get access to the garage,
29:32from going garage to the house.
29:36I've enclosed some letters from my neighbors.
29:38They're in support of it.
29:40There is, I didn't build a house or the garage,
29:43so there's no way I can,
29:44I'm just trying to work within my means
29:46of what we have available there.
29:49I don't think it's going to be any adverse effect
29:52to my lane that we live on or the street,
29:56and,
29:57that's really all our intentions are for the application tonight.
30:02Mr. Turner, on the deck, I guess it's on the south side
30:05of the house.
30:05Yes, sir.
30:06I know you're proposing a roof, and what does enclosed mean?
30:09So, on the south side, that's different from,
30:12the south side we want to, I'm thinking about,
30:15we haven't made that decision yet,
30:17but the town recommended I file for the whole application
30:22for the south side,
30:23and I'm thinking about it.
30:24I'm thinking about it.
30:25I'm thinking about it.
30:26I didn't clear up what's next,
30:27so I didn't clear up what's next.
30:29I didn't clear up what's next.
30:31[transcription gap]
30:42with the architect, it's going to involve a different type of application on the top
30:48of the roof, meaning the wood and the expansive.
30:51So I don't think we're going to actually put a rooftop on the south side to look at the
30:56bay.
30:57I don't think at this time.
30:59I'm not sure on that.
31:00But we're just going to make that room a seasonal room because the deck is too hot in the July
31:04and August months.
31:06It's just brutally, you really can't use it other than four in the morning.
31:09Should it be, what, screened room?
31:10It's going to be enclosed with some windows so you can open it, you know, so you can leave
31:16furniture there and whatnot.
31:19And so that would be.
31:23I'm not going to put a heat in there.
31:25Right.
31:25I was going to just, for clarification, so when you call it seasonal, you're not doing
31:30the plumbing for heating and air conditioning in that area.
31:34Not on the south side.
31:35On the west side, we are doing plumbing because I'm moving the kitchen.
31:40Right.
31:41And I'm putting a laundry room.
31:42I'm just clarifying.
31:43When you use the term seasonal, you're expressing to us that you're not going to be running
31:49plumbing for air conditioning and heating.
31:52We are going to have electricity in there, though.
31:54Right.
31:55Yeah.
31:55Yeah.
31:55Right.
31:55Okay.
31:56Okay.
31:57Anyone else have any questions?
31:59Anybody on Zoom?
32:02There was none on Zoom.
32:03Okay.
32:04Just got it.
32:05Okay.
32:05Okay.
32:06Mr. Chairman, with respect to appeal number 2025.
32:104-013, I move that the appeal of Robert Turner, 89 Morningside Avenue, Jamesport, SCTM number
32:20600-89-1-16.2, residents B-40, RB40 zoning, variances and or relief from chapter 301-17
32:33were proposed, where proposed side yard setback is 9.9 feet and the minimum required for the
32:40site is 25 feet, where proposed rear yard setback is 10.2 feet and the minimum required
32:46is 60 feet, and where proposed front yard setback is 34 feet, minimum required is 50
32:53feet, be in accordance with the applications and sketches with amendments thereto, if any,
32:59as filed with the building inspector.
33:01Second.
33:02Mr. Barnes.
33:03Aye.
33:03Godzilla.
33:04Aye.
33:05Mr. Zawieski.
33:06Recused.
33:07Oh, yeah.
33:08Good.
33:08He was testing.
33:10Mr. Forsyth.
33:11Aye.
33:12And I vote aye.
33:13So your variances have been granted.
33:14Good luck.
33:15Thank you.
33:15Thank you so much.
33:16And by the way, I got to do comment.
33:18She did a wonderful job.
33:19Oh, yeah.
33:20Thank you.
33:20Really a good job.
33:21We have a link for a raise button.
33:23That's a good idea.
33:24I'm looking for good employees, so she'd be good.
33:26But thank you.
33:27Hey, get out of here.
33:28Thank you.
33:28All right.
33:28I got to run, gentlemen.
33:29Thank you.
33:29Have a good evening.
33:31Good night.
33:31Take care.
33:31Good night.
33:33All right.
33:33Are we ready for the next?
33:34Yes, ma'am.
33:35Okay.
33:36So we have appeal number 2024-014.
33:39Okay.
33:40Townhomes, 46 East 2nd Street, Riverhead.
33:43Suffolk County Tax Note number 600-128-5-31.
33:48Downtown Center for Zoning for a parking stall variance.
33:52Applicant requests variances and or relief from Chapter 301-151B1,
33:57where proposed number of on-site parking stalls is 11
34:00and the minimum required is 12.
34:04And do you have your mailing receipts and your affidavit of posting
34:09and the pictures?
34:10Before we proceed.
34:12Here's this.
34:12[transcription gap]
34:4052 Union Street, Sag Harbor, New York.
34:45Go ahead.
34:48I guess you have the plans and how this whole eight-unit lot is set up.
35:00And it seems like we are totally complying with all the regulations and rules except this one parking lot,
35:09which is still okay to buy back from the town.
35:14And that's what we're hoping for.
35:19That's very simple.
35:22That's why you're here.
35:23That's why I'm here.
35:24Thank you.
35:29And it seems like this has happened in the past.
35:32There are a couple of examples, but I did not really jot them down to give you examples.
35:37I didn't know that I needed to do that.
35:39So I'm going to go ahead and take a look.
35:43I don't have any questions.
35:46We went and looked at the site.
35:49It seems appropriate for what you're doing.
35:52So I have no objections.
35:56So are you going to market that one town home without a parking space?
36:04There's eight units.
36:05And only one and a half parking lot is required.
36:08Right.
36:09So only one car is going to have to park outside of the house or lot space.
36:15So on the street?
36:16On the street, yes.
36:18And we do have a brewery next door, and they have a large parking lot for at night at least.
36:27And it's a public parking lot.
36:30And it could be parked there.
36:32Yeah.
36:33It's not their parking lot.
36:34It's the town's parking lot.
36:35Correct.
36:37And that would be probably the only thing.
36:38That would be probably very easy to do, especially being at night.
36:43And during the day, everybody's working, hopefully.
36:45If the town permits overnight parking in their parking lot.
36:49Oh, there's no parking there?
36:51Well, the town is free to regulate their parking at any time.
36:54They own the property.
36:56Okay.
36:57Is anyone out there that wants to speak?
37:05I'm sorry?
37:06Anyone else wants to speak?
37:07Oh, one of us.
37:08Yes.
37:09Anybody on Zoom?
37:10Oh, we have James.
37:11You on this?
37:12Yeah.
37:13Thank you.
37:14Okay.
37:15I just want to find one for the file.
37:16Please raise your right hand.
37:17Are you solemnly swear to tell the truth, tell the truth, and nothing but the truth?
37:18So I'll help you out.
37:19I do.
37:20Please state your name and your address.
37:21I do.
37:22And your name?
37:23I'm James.
37:24James.
37:25[transcription gap]
38:07the difference between that street and and second street second street is a a one-way uh
38:15excuse me not one way a one-sided parking in other words you can't park on both sides of the street
38:23which you can on third street and the amount of uh if you look at photo photo number one that
38:33was taken prior to the brewery uh operating they operate mostly in the summer months and at
38:44on the weekend it's almost impossible for the existing buildings with their tenants to find
38:51a parking space on there matter of fact some of the people park on their lawn their front lawn
38:57because of the amount of
39:03multiple
39:03multifamily houses that are on presently on the street and there is insufficient parking
39:09a matter of fact i had a discussion with the code people that are working on the code
39:15now and they are altering the code because of the problem that exists in downtown riverhead
39:22now because of the amount of parking that people are parking all over the place a matter of fact
39:30the house that i own on second street i have had a call to
39:33the police to come and get cars out of the driveway because of the overflow parking and
39:40if you look on the second page the brewery uh has a sign up they don't allow limousines or buses or
39:51any larger sized vehicles in the parking lot and take a guess where they park in the street
39:59and again on the weekends it's impossible
40:03for the residents that are already there to find a parking store
40:10and at the present time again as i said i'm not
40:18against this gentleman's project but i'm against giving a variance to it because if they're two
40:24bedrooms most of the people that have two bedrooms if they if you have three or four people that have
40:32two cars they're going to have two bedrooms and if you have two cars you're going to have two bedrooms
40:33so you have to have a clear head clear head clear head clear head clear head clear head clear head
40:34forget about any guests that'll visit the place,
40:37they're out of parking stalls,
40:38and they have to park in the street.
40:41I was in the planning department twice,
40:46and the two comments that I received
40:50from someone in the planning department,
40:53well, why don't you just tell the people
40:54to go park in the town hall's parking lot?
40:59So I'm going to stand out in the street
41:01and direct people to come down
41:03to the town hall parking lot.
41:05And the second comment that I got,
41:07well, why don't you just put gravel on all your grass
41:09and have them park on the grass?
41:12Okay, first of all,
41:14I didn't appreciate those two comments,
41:16but second of all,
41:17if one is planning a new project
41:21and doesn't provide the proper parking
41:26for that project,
41:28they should downsize the project.
41:31I don't say downsize.
41:32I say downsize the number of units.
41:34Downsize the square footage of the unit
41:36so you can put the proper parking in.
41:40If you notice, I went to examine the file today,
41:47and as most of the board knows,
41:49I'm an architect myself.
41:51I looked at the drawings,
41:53and I saw that the planning board
41:55is already giving him a variance
41:58on the size of the parking stall.
42:01He's allowing them to downsize
42:02the parking stall.
42:04And on the drawings,
42:05the drawings that I have to bring to the attention
42:08if the board hasn't seen it,
42:10are not even properly dimensioned.
42:11They're not even dimensioned,
42:13which is actually,
42:17when I do a set of drawings,
42:19I don't tell the people to measure off the drawings.
42:22I tell them,
42:23do not measure off the drawings.
42:24That's proper architectural etiquette,
42:27is you dimension the drawings.
42:29You don't scale off drawings.
42:32So I think that the people
42:38who are proposing this project
42:41should have come to the board first
42:45to find out if, in fact,
42:50a variance could be obtained
42:56before final design drawings
42:59or other drawings were completed.
43:01Matter of fact,
43:02the last time I was there,
43:02the last time when I attended the CEQA hearing,
43:05a question was put out by one of the members
43:08and asked the people
43:13who were building the project,
43:15well, if you have an oversized pickup,
43:17they won't be able to fit
43:20in these small parking stalls.
43:22And the answer that the owner gave said,
43:27well, they'll have to,
43:28we won't let them park on the project.
43:31And, you know,
43:32and again,
43:33I asked the question of the board,
43:34where are they going to wind up parking?
43:36In the street.
43:39So I don't want to mix the project,
43:44but I'm asking the board
43:45before they make this determination
43:47to think carefully about it,
43:50about the,
43:51and even if you look at your
43:53area variance considerations,
43:59if you look at the five questions,
44:02that are required by the state law,
44:06you have to answer yes to all those questions.
44:10You can't answer no.
44:12The first one,
44:13is this variance going to impact the adjacent properties?
44:17The answer is yes.
44:19Is the variance substantial?
44:22Well, one parking stall out of 10,
44:24it's almost 9% of the parking lot.
44:27The third question,
44:29can this be achieved
44:32by any other means?
44:33The answer is yes.
44:34You make the units smaller
44:36and you incorporate the parking stall.
44:39At one and a half,
44:40that's not even enough,
44:41but that's the code
44:42and you have to abide by the code.
44:44But that's why they're changing it now.
44:45They're in the process of changing it.
44:48The fourth question,
44:50will this adversely affect the environment?
44:53Yeah, by parking more cars in the street, absolutely.
44:57And the fifth question,
44:58is this a self-created hardship?
45:00Yes, it is.
45:02So virtually, all these questions
45:04should have been answered yes,
45:06because it does affect houses that have been there
45:13approximately 50 to 100 years or over 100 years.
45:21That's all I have to say.
45:22Thank you.
45:23If the board has any questions for me,
45:24I'll be more than happy to answer them.
45:26Anyone have any questions?
45:29Thank you, Jim.
45:30You want to come back to the mic, sir?
45:32Okay.
45:32All right.
45:32So we'll go back to the mic.
45:34[transcription gap]
45:36Do you have any suggestions
45:37on how this might be solved for you?
45:40Well, we're solving the problem of buses and limousines
45:49and not the people who live there.
45:51So I'm not sure.
45:56Well, this is four town, eight town house units.
46:02Correct.
46:02[transcription gap]
46:03Situated in two buildings.
46:05Correct?
46:05Correct.
46:06And what are the size?
46:08Are they all one bedroom?
46:11Are there some two bedrooms?
46:13All two bedrooms.
46:14So if you reduced one or two of the units to one bedroom units,
46:24could you meet the parking requirement?
46:27Obviously, yes.
46:32I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full
47:02I'm sure.
47:04I agree with all your concerns and thank you.
47:09I also have concerns.
47:11Sorry.
47:14I want to answer some of your comments please.
47:20First of all, we had a pre-submission meeting
47:22with the planning board and we talked about this issue
47:26and we proposed several other solutions.
47:32And they said we should be asking for a variation.
47:37So we're here following their advice firstly.
47:43And about the parking stall sizes,
47:46they are nine by 20.
47:50And they are according to the codes,
47:53it's also in your code book.
47:57With two lines we can do nine by 20 per person.
48:02And we have a lot of parking sizes.
48:04And pickup parking is currently possible with 11 stalls.
48:10Because we will have enough maneuvering space.
48:14That's why we're proposing only 11 stalls.
48:17We can actually fit 12.
48:19But then on the ends of the parking lots,
48:25there won't be any maneuvering space.
48:29Well you have to account for an outside dumpster, correct?
48:07Yes.
48:22Okay.
48:23Thank you.
48:23[transcription gap]
49:01For my standard, it's the limit for a two-bedroom house.
49:08Male Speaker 2 My question was whether or not
49:11you could change the plan from eight two-bedroom units
49:16and change two of the units to a one-bedroom unit.
49:23Female Speaker 2 Technically possible,
49:24but I wouldn't prefer to reduce the footprint area of the unit.
49:29I can remove the second floor,
49:31but it's not going to add any area for my parking lot.
49:42What do you think?
49:43Male Speaker 2 Yes, ma'am.
49:45Female Speaker 2 Yeah.
49:47Male Speaker 2
49:49Female Speaker 2 I don't know what to propose right now.
49:59Male Speaker 2 Hey, Marie, if they would change one unit
50:03to one bedroom instead of two,
50:04would they meet the parking requirements?
50:08One unit?
50:09Female Speaker 2 No, it's not about the bedroom.
50:11Male Speaker 2 It's the square footage.
50:12Male Speaker 2 It's the square footage of each unit?
50:15Female Speaker 2 Well, no, it's the unit number of the units.
50:18So, if we have eight units, we have to have 12.
50:22And, you know.
50:29Male Speaker 2 So, then the other question is,
50:31could you reduce it to seven units rather than eight?
50:34You just said that you would like the units
50:38to actually be larger.
50:40So, could you reduce it to seven units rather than eight?
50:45Female Speaker 2 It's financially, no.
50:52Because, you know, it doesn't make sense
50:54then to make this investment.
50:55Male Speaker 2
50:58On the other hand, this is a DC4 zoning.
51:02We are allowed to make townhouses,
51:05and we are following the code.
51:08And we have the right to buy that stall from the town.
51:13And we're asking to, you know, use our rights.
51:17And, you know, of course, you have the right to deny.
51:23But why are you proposing,
51:25Male Speaker 2,
51:01Female Speaker 2,
51:25Male Speaker 2,
51:25[transcription gap]
51:25Male Speaker 2, and so dense zoning in that area then?
51:30I understand all of your concerns,
51:33but, you know, we're just trying to,
51:36you know, follow our feasibility here.
51:39Female Speaker 2
51:40Male Speaker 2 Well, the zoning in that area
51:43has accommodated and continues
51:45to accommodate new growth without relief.
51:49So, it does work, that zone.
51:51Female Speaker 2 Yes, I agree.
51:53Male Speaker 2 Might not work for the desired.
51:55Female Speaker 2
51:55Male Speaker 2 But it does work for the desired income
51:59that you want to derive off the property,
52:00but it works for other property developers.
52:02Male Speaker 2 Do you want to talk about it?
52:04Male Speaker 2 No.
52:06Male Speaker 2 How do you feel?
52:08Female Speaker 2 Mm-hmm.
52:11Male Speaker 2 These guys don't have a problem
52:12until the next thing.
52:13Male Speaker 2 Mm-hmm.
52:14Male Speaker 2 I'd like them to think about it,
52:16to be honest with you.
52:17Male Speaker 2 I'd like to think about it a little bit.
52:23Male Speaker 2 But we adjourned.
52:25What we would like to do is we would like to digest everything that has been said here
52:32this evening.
52:33Okay.
52:34And we would like to move it adjourned for two weeks.
52:37Okay.
52:38Okay?
52:39All right.
52:40And then maybe you can during that time also digest some things and see how you could come
52:45up to fit the program.
52:47I think the points about the parking were very important.
52:50Okay?
52:51Okay.
52:52Do you have anything else to add?
52:55Anything else?
52:56Well, we've digested it for a long time because planning pre-planning meetings we had two.
53:04And they were very encouraging.
53:07Okay.
53:08Give us two weeks.
53:09We'll have a decision at the end.
53:12Thank you very much for being here and the presentations.
53:15Thank you.
53:16Who's going to make the motion?
53:18Mr. Chairman?
53:19Please.
53:20Who has the reading?
53:21I do.
53:22So, Mr. Chairman, with respect to the presentation, I would like to make a motion to approve
53:25the motion.
53:26Okay.
53:27All right.
53:28So, Mr. Chairman, I would like to appeal number 2024-014.
53:29I move that the appeal of 2nd Street Townhounds, 42nd East 2nd Street, Riverhead, Suffolk
53:32County tax map 600-128-5-31, Downtown Center 4, DC-4 zoning be adjourned for two weeks
53:41for us to
53:42June 27.
53:43To June 27.
53:44Okay.
53:45Second.
53:46Anybody else?
53:47All right.
53:48Mr. Portia.
53:49Second.
53:50Vote.
53:51Aye.
53:52Mr. Zawieski.
53:53Aye.
53:54Mr. Barnes.
53:55Aye.
53:56Mr. Panthilla.
53:57Aye.
53:58And I vote aye.
53:59So, we'll see you in two weeks.
54:00And we'll all think.
54:01Thank you.
54:02Okay.
54:03Our last appeal of the evening is appeal number 2024-015, Greenview Motel, 1433 West Main Street, Riverhead, Suffolk County tax map number 5-015, Greenview Motel, 1433 West Main Street, Riverhead, Suffolk County tax
54:23system,
54:53property line minimum required is 15 feet and chapter 301-254g3 where internally illuminated
55:00signs are not permitted in riverfront corridor zoning all right sir please raise your right hand
55:07and just only swear to tell the truth to hold the truth nothing about the truth
55:11i do please just state your name and your address where you live
55:15use of hunt my physical address is um 202 norwegian woods drive
55:25partsville pennsylvania but i'm responsible for greenview hotel 1433 west main street
55:34riverhead 11901 okay do you have the mailings and all that yes he um we received the affidavit of
55:42posting and mailing all of the uh certified mailing receipt
55:45and also photos of the poster being on the property good thank you go ahead and push
55:52pretty much obviously greenview hotel been there over 40 years and throughout the years you know
55:58the weather had be beaten in all the signs recently we have been upgrading the facility
56:07in order to make it better for the community um we we're doing both interior and exterior
56:15um so what we're asking the signs are kind of low they're all there there they were shot from
56:22the weather and we just want to put some new updated signs so that it can be a little more
56:27visible and that's all we're trying to accomplish here and i mean it's also looks good in the
56:35community also um if you guys had passed by there in the past you knew what it was like if you go
56:43there now you'll see a substantial difference
56:45AND WE WOULD, YOU KNOW, IT WOULD BE NICE IF WE CAN CHANGE THE SIGNS.
56:51THAT'S ALL I'M ASKING.
56:52LOOKS LIKE YOU'RE TRYING TO DRESS UP THAT FRONT AREA.
56:55YES.
56:56WE'RE DOING EVERYTHING SLOWLY.
56:5940 YEARS, HUH?
57:01OVER 40 YEARS.
57:02THAT'S A LONG TIME.
57:05YES.
57:06ANYBODY ON ZOOM OR ANYBODY WANTS TO SAY ANYTHING?
57:09JUST A QUICK QUESTION ON ILLUMINATION OF THE SIGNS.
57:14ARE THE SIGNS AND THE CANOPY GOING TO HAVE ILLUMINATION INSIDE OF THEM OR IS IT JUST
57:21LIGHTS DROPPING DOWN AGAINST THEM SO YOU CAN SEE?
57:23JUST THE LIGHTS DROPPING DOWN ON THE CANOPY.
57:25THERE'S NO ILLUMINATION INSIDE OF THE LIGHT, INSIDE OF THE CANOPY.
57:29THE INTERIOR LIGHTS.
57:30OKAY.
57:31PERFECT.
57:33I DON'T HAVE ANY CONCERNS.
57:36ALL RIGHT.
57:37CAN WE HAVE A READING, PLEASE?
57:38I'LL READ THE READING FOR YOU.
57:41I MOVE THAT THE APPEAL OF GREEN STATEMENT BE RELEASED.
57:43[transcription gap]
57:54It's located in the riverfront corridor zoning district.
57:59Variances and relief from Chapter 301, 249C1,
58:03where the signs proposed on the premises
58:05were structures 15 feet from the property line
58:09and the minimum allowed is 20 feet.
58:11Chapter 301, 249C4, where the proposed sign setbacks
58:17are 5.5 feet from the front property line,
58:20minimum required is 15 feet.
58:22And Chapter 301, 254G3,
58:27where internally illuminated signs are not permitted
58:30in the RFC district,
58:34be approved in accordance with the applications
58:38and sketches and amendments,
58:39as well as there shall be no additional signage
58:43on or in the area of the front yard,
58:46subject to ARB approval as well.
58:50Be approved.
58:52Second.
58:52Filed with the building inspector.
58:54Second.
58:55Mr. Portia.
58:56Aye.
58:57Mr. Zaweski.
58:58Aye.
58:58Mr. Gazzanola.
58:59Aye.
58:59Mr. Barnes.
59:00Aye.
59:01And I vote aye, so your variance has been granted.
59:04Good luck.
59:04Okay.
59:04Board, thank you so much.
59:06And one last thing I have to say.
59:07Heather, she's doing an excellent job.
59:12It's nice to get compliments.
59:14Raise, raise, raise.
59:15You didn't say that us.
59:17It's nice to be complimented.
59:21Thank you, Heather.
59:22And your hard work.
59:23Anne Marie, as always, thanks.
59:25Okay, guys.
59:25Thank you.
59:26Have a good night.
59:26Thank you.
59:27Good night, fellas.
59:27Good night.
59:28[transcription gap]
59:29Can we have a motion to accept amendments?
59:32So moved.
59:32Second.
59:33Second.
59:34All in favor?
59:34Aye.
59:35[transcription gap]
59:35Can we have a motion to adjourn?
59:37So moved.
59:38Second.
59:38Second.
59:38Cleaning day.
59:39Aye.
59:39All in favor?
59:40Aye.
59:40[transcription gap]
59:40Next meeting date?
59:41Next meeting is the 27th, I believe.
59:4427th?
59:44Next meeting is June 27th, Mr. Chairman.
59:47Wow.
59:47Not this month is flying by.
59:48Okay.
59:48You're free to go, right?
59:50Yes, you're free to go.
59:51You're free to go.
59:51Thank you.
59:51Thank you again.
59:52Thank you.
59:53Good night.
59:53Good night.
59:53Next meeting.
59:54I don't know.
1:00:18Good night.

Full Transcript

Thank you. Thank you. We would like to start the session with a Pledge of Allegiance to the flag. If you would join us.

I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Thank you.

Are we ready? Ready. All right. First, we have Appeal No. 2023-042, Pinchas-Uzapoff, 3 Taconic Court, Wading River, Suffolk County Tax Map No. 600-115-1-10.17, Residence B-80 Zoning, Applicant Requests Variances and or Relief from Chapter 301-29A-1B, where Accessories, Side Street Back is 13.2 feet and a minimum of 60 feet is required, 301-29A-1C, where Accessory Rear Setback is 15.5 feet and a minimum of 20 feet is required, 301-29A-1C, where Existing Setback for Jacuzzi is 5.8 feet and a minimum of 20 feet is required, and 301-31, where Impervious Surface is 46.5% and a maximum of 15% is permitted. This was adjourned from May 23, 2024. Subtitles by the Amara.org community

back of our heads out of sorrow there she is hi mr chairman and members of the board uh can everybody hear me yes yes okay i mentioned last time i was there uh that i i have a uh another hearing with port jefferson village beginning at 6 30 which is why i'm appearing on zoom because i obviously couldn't be in two places at once um so um i will have to uh sign off sharply at 6 25 but i do have some things that i'd like to say i'll just introduce myself again for the board amy devito woodhull expediting with offices at 800 veterans memorial highway hop hog new york um so we left off last uh that um the board wanted to double check with um code enforcement and the law department to make sure there was no further violations than the violation originally issued from mr um i i'm sure you guys did check that and hopefully you found that there was nothing uh new i did want to put a few more things on the record just to clarify some points so we sent uh over earlier today to heather uh a uh email with some some items in them photos etc um i just want to go through what's in that packet mr pinchos also has a hard copy for the board to receive so she's head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head has elected to further remove the second shed. So we were originally removing the first shed that is located closer to the frame structure. He is now removing his other shed in an effort to reduce the lot coverage a bit and to move any stored items from that shed into the frame building should it be approved. So with that said, the survey was updated to reflect both sheds to be removed. It also was corrected to reflect that there was no concrete behind the frame structure. Last time there was a question about that. It's actually just yard and you'll find in the packet photos of that area showing that it is just you know grass and brush. So there is no concrete behind that. The reason why I bring that up is because the board did inquire about why there was concrete behind it and we had testified that there was not. So you'll see on the survey that area is now called yard. And that has brought down our lot coverage between that and the removal of the second shed to now 43.2 percent instead of the original 46.5 percent. So we were able to make the lot coverage a little bit better. The other items that are in the packet are photos of the street view. So we wanted to show the board that from the street, the frame structure is completely not visible. You'll see that there's a very heavy hedge of trees along the street and you it is completely obscured from view from any property but for Mr. Pinchas' rear yard when you're standing in it. There was also photos of properties in the area that do have similar setbacks as far as accessory structures. Not necessarily the size of the structure but similar setbacks to the property. So that's a little bit of a surprise. So we're going to go ahead and show you the setbacks we're asking today as well as coverage. And Mr. Pinchas could, you know, go through the photos with the board as he did take them. But we did want to show you guys that this is not really uncommon for the neighborhood. There's also in the packet photos of items that are going to be stored in the frame building and items that are slated for purchase which will have to be stored in the frame building so that the board could get an idea of why this is happening. So we're going to go ahead and show you the setbacks that Mr. Pinchas has made and how the structure has become necessary for Mr. Pinchas. Trying to do this with one hand. Okay. We also wanted to put on the record that Mr. Pinchas' business address for his store goods that are related to his business, which is what originally resulted with the violation, is 163-08 Hillside Avenue in Queens, New York. Okay. So that is where all of the items that he sells as tangible goods are stored. Lastly, before I close out my little speech over here, I just, when we were there with you guys last time, we had submitted a packet of comps for the different variances that we were requesting. So I just, I went through them and looked at them. And I just want to point out a few that stand out to me so that it could be said on the record. You guys already do have them in your previous packet that we submitted. So the first one is appeal number 2023-050. That property is 31,000 square feet. It's known as 10 Hickory Street in Wading River. And they received a five foot side yard setback where 60 feet was required for the ! For the second street setback. Just like we're asking. They also did receive a lot coverage variance of 30%. We're obviously asking for a little bit more for impervious surface. The next one is appeal number 2021-052, known as 87 Beach Road in Aqua Bog. That property is about 20,000 square feet. And they received a 45.68 lot coverage slash impervious surface variance. Then we have appeal number 2023-16. The property known as 44 Josephine Drive in Wading River. That property is about 24,000 square feet. They received a lot coverage for impervious surface variance for 42.6%. Lastly, we have appeal number 2022-001. That property is known as 13 Harbor Road in Aqua Bog. That property is about 25,000 square feet. And they received a lot coverage for impervious surface variance for 42.6%. Finally, we have head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head clear head on the comps you provided last meeting with respect to the comps that you provided today at 1224 at the zoning board's direction I did research the building department files and reported back to the zoning Board of Appeals with respect to those properties and the assertion that they demonstrate a comparable use or coverage. Okay. I strongly disagree with that. Which is why I just point it out. The four appeals that have previously been granted. Which are very similar. They are similar in square footage. They are similar in the relief or requesting. And they have been submitted I WILL LEAVE IT UP TO THE BOARD TO DETERMINE IF THEY ARE APPROPRIATE OR NOT. DO YOU MIND IF I ASK YOUR CLIENT ABOUT THE PHOTO YOU SAID HE TOOK THE PHOTOS? OF COURSE. MR. PINCHAS IS THERE IN PERSON TO ANSWER ANY QUESTIONS. YOU TOOK THESE PHOTOS? CORRECT. THE FIRST ONE HERE, IT LOOKS LIKE AN OUTDOOR BARBECUE. CORRECT. WHEN DID YOU PURCHASE THAT? WHEN I PURCHASED THAT? ABOUT FOUR YEARS AGO. OKAY. THE SECOND ONE HERE, IT LOOKS LIKE TWO CHAIRS. CORRECT. WHEN DID YOU PURCHASE THOSE? ALL PATIOS, EVERYTHING WAS PURCHASED ABOUT FOUR YEARS AGO. THE SAME WITH THIS, LOOKS LIKE A TABLE AND SIX CHAIRS? CORRECT. THE SAME WITH, CAN YOU GET TO THE MIC, SIR? I APOLOGIZE, YES. THE SAME WITH THIS, LOOKS LIKE THREE CHAIRS OR FOUR CHAIRS AND A TABLE. YES. FOUR YEARS AGO? YES. OKAY. I'M GOING TO TAKE A LOOK AT THE OTHER ONE. I'M GOING TO TAKE A LOOK AT THE OTHER ONE. OKAY. THIS IS THE LONG TRACK. THIS IS THE LONG TRACK. AND THIS LOOKS LIKE? PICNIC TABLES, TWO OF THEM. PICNIC TABLES? YES. FOUR YEARS ALSO? YES. WHAT ABOUT THE LONG TRACK? ABOUT MAYBE FIVE, SIX YEARS AGO. WHERE HAVE THEY BEEN STORED THOSE FOUR OR FIVE YEARS? THEY HAVE BEEN STORED IN THE GARAGE, THEY HAVE BEEN STORED IN THE SHED. JUST UNPACKING THEM AND PACKING THEM IS SO DIFFICULT BECAUSE THEY ARE SO LONG. THEY ARE SO LONG. WE PACK EVERYTHING SO MUCH IN. AND IT'S JUST TOO DIFFICULT. AND WE WANT, LIKE I SAID PREVIOUSLY, AS TIME GOES BY, MY KIDS ARE GOING TO START DRIVING A CAR. AND I HAVE MY WIFE WHO WANTS TO DRIVE A CAR AS WELL. AND WE DIDN'T MENTION BEFORE THAT MY MOTHER STARTED LIVING WITH US ABOUT A COUPLE OF MONTHS NOW. SHE HAD A MINOR STROKE. AND WE STARTED, SHE STARTED LIVING WITH ME. AND I'M STARTING TO TAKE THE GEAR. SHE HAS A DISABILITY. WE GOT THE PLATFORM. AND I'M STARTING TO DRIVE. [transcription gap] emptied for vehicles and will not have space for any outdoor equipment or any tools, anything like that in the car garage. Do you ever think of the alternative, going to one of these professional storage spaces? Renting, you mean? Yeah. I mean, they are available, but they're costly, and I'm going to have to drive there to go pick up stuff, and I have to now rent a van or another tool to keep on bringing stuff back on the wintertime. I have a list of things that will be stored over there. You have holiday stuff like Christmas trees, Christmas lights, and all. So many items that I have listed that would need to be stored, and I think it would be comfortable for me to be able to bring them in and out. And also, we want to purchase more items for the house as well. That also limits me to purchase right now. You know, my kids also, you know, getting as a teens now, they want to start to get like go-karts and other stuff. We just actually purchased about last week a trampoline that we also put a picture in there. So as my kids want, once they grow, they want bigger stuff and more accessible that needs space. So we have a lot of space to store them. This photograph of the outdoor barbecue, for lack of a better word, it looks like it's probably got to be about 10, 12 feet. Isn't this a permanent structure? No, that's not. That's movable. It has wheels in the bottom. It comes into two pieces, and I didn't take pictures, but in the bottom, over the weather time, everything starts cracking. That's why I would want to store these, like specifically that grill right there in the wintertime inside a shed. Okay. I didn't show pictures of my snowblower. It's not small. It's huge because I have a big property. And then I have also a grass cutter that you drive on and stuff like that. Also, it's a big structure to drive in and out. And like I said, we took also a few extra pictures that we want to purchase, like, you know, golf cart. We want to do kayaking, stuff like that. It requires big things to be stored. I don't know. You have a garage and two sheds, right? Three-car garage. Three-car garage. And we're removing the two sheds as... It just seems like we have an abundance of stuff, and you're going to buy more stuff to store, like kayaks? I mean... I'm not laughing. I'm just saying, wow. I understand, but there's a reason why we moved out from Queens. We moved all the way to Long Island for a bigger property so we could enjoy... We want to have a bigger family as well. And with things, we need storage. And then it's not... All these items that I'm mentioning, they're seasonal items, so they're not items where that could be all year round. So a lot of these things are pool equipment, pool storing, like pool pumps, heat pumps for the pool. So many pool equipment, just that. That's, again, like a seasonal stuff. And then you have, like, bikes and stuff like that. Again, seasonal stuff, kayaking. All the materials that I have mentioned, everything is seasonal, even paddle furnitures that need to be, you know, wrapped up and stored and stuff like that. So, you know, a storing will be convenient for me to store them as, you know, a space is... The house is 4,000 square feet, correct? I don't know the detail. I don't know the... Well, according to the records, it's approximately 4,000 square feet. And it has a full basement, correct? Correct. And... Mr. Chair? Mr. Chair? That basement is not a, quote, finished basement. At least my search of records indicate it's simply a basement. Okay. Utilized for storage. It's not finished. There's no CO to finish that space, unless you tell me otherwise. You have more records than I do at that point. Like I said, we purchased the house eight by eight years ago. Sorry about that. Is your basement finished? Not per record. It's just for the record? Whatever the... You don't know if your basement's finished or not? We don't use it for... The question is, is it finished? Is it habitable living space? Your basement? I don't have any paperwork for that. Like I said, we purchased the property as is. You don't need paperwork. I wanted to know, is the basement finished? Like, is it sheetrock? Does it have doors? It has bathrooms? Yes. Okay. Bathroom? Not... But yes. Okay. You got a rug on the floor? Yes. All right. Just so I wanted to know. Okay. Thank you. Mr. Chairman, may I? You may. Okay. I also wanted to... Well, first and foremost, whether the basement is finished or unfinished, you wouldn't really store motor vehicles and things of that nature in a basement, of course. Meaning, you know, lawnmowers and snowblowers and things like that. It's just not safe to have that. It's not safe to have those types of items inside the house. Some people actually hesitate to even put them in an attached garage for the, you know, fire purposes. But putting that aside, one thing that I did just want to point out was we did consult with the manufacturer of the prefabbed frame structure. Originally, when we left the hearing last, we wanted to just kind of explore if there was a way to modify the frame structure. But there wasn't. So there wasn't a way to make it smaller. The manufacturer said there there would be no way to make it smaller. You would have to completely remove it and, you know, build something completely different. So we did explore options on trying to make it smaller, which would ultimately reduce lot coverage and reduce the setback. But I do just want to point out again that, you know, this is a fairly sizable property. It is very meticulous. meticulously cared for. He wants to continue meticulously caring for his property and such that he doesn't want to have storage items all over the place. I think we've been able to demonstrate that there are comparables similar to what we have requested. And in closing, the only question I have for the board was, were you able to consult with code enforcement and or the law department to confirm that no further violations were given? Well, I am from the law department, and the only issue I may have is, based upon the testimony tonight, a certificate of occupancy for the basement, because my research of records indicates that it is a completely unfinished basement. Right. And the reason why I'm, and I understand that, well, obviously, address that. But the reason why I'm asking is because when we were at the hearing with you last, you weren't able to confirm that there was any further violations from the one that was originally given for this particular building as per the original complaint and the neighboring property. So I'm just confirming because that was one of the questions that there have been no further violations for this particular building since the original violation was issued. Correct. The original violation... Okay. ...for illegal construction of a proposed carport, 21 by 40, am I quoting that right? 21 by 40, is still an open violation pending this proceeding. Okay. So I just want to say that I do have to sign off because I have to go upstairs into Fort Jeff Village Town Hall because I have a hearing starting promptly at 630. So before I do that, does the board have anything to say? Okay. [transcription gap] Okay. [transcription gap] Okay. Okay. [transcription gap]

regarding this application. It's been circulated to members of the board. All right. Once again, respectfully, Mr. Chairman, regarding appeal number 2023-042, I move that the appeal of Pinches, Yusuf Puff, Free Taconic Court, Wading River, SCTM number 600-115-1-10.17, residents B-80 or B-80 zoning, for 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, 30-29A1C, where accessory rear setback in parent carport is 15.5 feet and a minimum of 20 feet is required, 301. There's 29A1C, where existing setback for jacuzzi is 5.8 feet, and a minimum of 20 feet is required, and 301-31, where impervious surface is 46.5%, and maximum of 15% is permitted, be granted in part and denied in part, as set forth in detail below and subject to the following conditions. The relief requested for rear yard setback for the jacuzzi is 5.8 feet, where a minimum is required, a minimum required is 2.0 feet, and it is granted in accordance with the applications and sketches with amendments thereto, if any, as filed with the building inspector, subject to removal of the shed described on the survey prepared by FAMSAS, LE, dated February 22, 2024, as frame shed 11.3 times 7.9, as accessory structures as described in 301-29, subdivision D only provides for one such shed accessory structure. And the relief requested for a carport, 984 square feet, 24 by 41, partially constructed without building permit at the time of construction originally described in the application as a carport but at the hearing corrected and described as a storage building and not for storage of cars by applicant. To it, accessory side streets. The !

SQUARE FOOT BASEMENT, THREE BAY GARAGE, EXISTING STORAGE SHED AND A VARIETY OF OTHER IMPROVEMENTS SUCH THAT IMPERVIOUS SURFACE COVERAGE RELIEF IS THREE TIMES THAT WHICH IS PERMITTED WILL HAVE A NEGATIVE IMPACT UPON THE NEIGHBORHOOD. THE STORAGE STRUCTURE IS ATYPICAL IN THIS NEIGHBORHOOD AS IS THE IMPERVIOUS SURFACE RELIEF. IT IS THE OPINION THAT THE STORAGE STRUCTURE PROPOSED IS MORE SUITABLE FOR THE ZONING DISTRICTS WHICH PERMIT COMMERCIAL AND INDUSTRIAL BUILDINGS. THE ZONING BOARD OF APPEALS IS NOT CONVINCED THAT THE EXISTING HOUSE, BASEMENT, GARAGE AND STORAGE SHED DOES NOT PROVIDE APPLICANT WITH REASONABLE STORAGE, THE TYPICAL HOUSEHOLD ITEMS, LAWN OR POOL EQUIPMENT. APPLICANT HAS TESTIFIED THAT HE ONLY HAS ONE VEHICLE AND DUST SLEEVES LEAVING TWO GARAGE BASE BASEMENT AND A SHED FOR STORAGE USE. IN ADDITION, THE APPLICANT IS UNABLE TO DOWNSIZE THE AMOUNT OF STORAGE. APPLICANT COULD LEASE THE STORAGE UNIT. THERE ARE SEVERAL SELF STORAGE FACILITIES WITH PROXIMITY OF THE APPLICANT'S RESIDENCY. PARENTHETICALLY, THE NEED FOR A VARIANCE HAS BEEN SELF-IMPOSED AND ALSO CONSTRUCTION WAS BEGUN BEFORE IT WAS APPROVED. THE ZONING BOARD OF APPEALS DID ALSO CONSIDER THE LETTERS OF NEIGHBORS OBJECTING TO THE CARPORT STORAGE BUILDING. FINALLY, THE ZONING BOARD OF APPEALS DETERMINES THAT THE REQUESTED VARIANCE IS SUBSTANTIALLY STEEKING NOT SIMPLY THREE TIMES THE IMPERVIOUS SERVICE ON A GARAGE. IT IS A GOOD-SIZED LOT, BUT ITS STORAGE STRUCTURE IS NOT IN KEEPING WITH THE NEIGHBORHOOD OR CUSTOMER RESIDENTIAL USE. SECOND. [transcription gap] MR. PORSCHE. I SECOND. OKAY. VOTE. IN FAVOR. OKAY. MR. ZAWESKI. AYE. MR. BARNES. AYE. MR. GIOZZILLO. AYE. AND I VOTE AYE. SO THE VARIANCE HAS BEEN READY. OKAY. THANK YOU. THANK YOU. ALL RIGHT. UP NEXT WE HAVE APPEAL NUMBER 2024-013. ROBERT TURNER. 89 MORNINGSIDE AVENUE, JAMESPORT. SUFFOLK COUNTY TAXNUM NUMBER 600-89-1-16.2. RESIDENTS B40 ZONING. PROPOSED ADDITIONS TO RESIDENTS. APPLICANT REQUESTS, VARIANCES AND OR RELIEF FROM CHAPTER 301-17 WHERE PROPOSED SIDE YARD SETBACK IS 9.9 FEET AND THE MINIMUM REQUIRED IS 25 FEET. WHERE PROPOSED REAR YARD SETBACK IS 10.2 FEET AND THE MINIMUM REQUIRED IS 60 FEET. AND WHERE PROPOSED FRONT YARD SETBACK IS 34 FEET AND THE MINIMUM REQUIRED IS 50 FEET. ARE YOU A LAWYER, MR. TURNER? I AM NOT. I AM A SALES PROFESSIONAL. YOU SAW THE LAWYER TELL THE TRUTH, ALL TRUTH, NOT THE TRUTH. DO YOU WANT THE GUIDE? I DO. PLEASE STATE YOUR NAME AND ADDRESS. MY NAME IS ROBERT TURNER. I RESIDE AT 89-1-1-1. I AM THE LAWYER. I HAVE DONE 29 POLITICIANS. I WAS IN POLITICIANS' CLUBS. [transcription gap] to recuse myself and admit that I did not participate in the working meetings. Mr. Turner and I have been friends for nearly 50 years, so I'm just officially stating that. I didn't realize I had to do it before you spoke. Mr. Oh, okay. Mr. So, for the record, the record, he did not participate in review, and he's going to recuse himself from voting. Mr. So, just a little background about me. I am a graduate of St. John's Parochial School here in Riverhead and Mercy High School. Just don't ask me the year I graduated, ladies and gentlemen, because I don't want to lie to you and start off on a bad foot. So, the purpose of the, we just really wanted, my wife and I, we are full-time residents of the North Fork as of May of last year, and we want to enclose the area from the house on the northern side to the garage. The reason being is, it just, this winter, we, it wasn't what I expected, a little inclement weather, but we want to just, so we can get access to the garage, from going garage to the house. I've enclosed some letters from my neighbors. They're in support of it. There is, I didn't build a house or the garage, so there's no way I can, I'm just trying to work within my means of what we have available there. I don't think it's going to be any adverse effect to my lane that we live on or the street, and, that's really all our intentions are for the application tonight. Mr. Turner, on the deck, I guess it's on the south side of the house. Yes, sir. I know you're proposing a roof, and what does enclosed mean? So, on the south side, that's different from, the south side we want to, I'm thinking about, we haven't made that decision yet, but the town recommended I file for the whole application for the south side, and I'm thinking about it. I'm thinking about it. I'm thinking about it. I didn't clear up what's next, so I didn't clear up what's next. I didn't clear up what's next. [transcription gap] with the architect, it's going to involve a different type of application on the top of the roof, meaning the wood and the expansive. So I don't think we're going to actually put a rooftop on the south side to look at the bay. I don't think at this time. I'm not sure on that. But we're just going to make that room a seasonal room because the deck is too hot in the July and August months. It's just brutally, you really can't use it other than four in the morning. Should it be, what, screened room? It's going to be enclosed with some windows so you can open it, you know, so you can leave furniture there and whatnot. And so that would be. I'm not going to put a heat in there. Right. I was going to just, for clarification, so when you call it seasonal, you're not doing the plumbing for heating and air conditioning in that area. Not on the south side. On the west side, we are doing plumbing because I'm moving the kitchen. Right. And I'm putting a laundry room. I'm just clarifying. When you use the term seasonal, you're expressing to us that you're not going to be running plumbing for air conditioning and heating. No. We are going to have electricity in there, though. Right. Yeah. Yeah. Right. Okay. Okay. Anyone else have any questions? Anybody on Zoom? There was none on Zoom. Okay. Just got it. Okay. Okay. Mr. Chairman, with respect to appeal number 2025. 4-013, I move that the appeal of Robert Turner, 89 Morningside Avenue, Jamesport, SCTM number 600-89-1-16.2, residents B-40, RB40 zoning, variances and or relief from chapter 301-17 were proposed, where proposed side yard setback is 9.9 feet and the minimum required for the site is 25 feet, where proposed rear yard setback is 10.2 feet and the minimum required is 60 feet, and where proposed front yard setback is 34 feet, minimum required is 50 feet, be in accordance with the applications and sketches with amendments thereto, if any, as filed with the building inspector. Second. Mr. Barnes. Aye. Godzilla. Aye. Mr. Zawieski. Recused. Oh, yeah. Good. He was testing. Mr. Forsyth. Aye. And I vote aye. So your variances have been granted. Good luck. Thank you. Thank you so much. And by the way, I got to do comment. She did a wonderful job. Oh, yeah. Thank you. Really a good job. We have a link for a raise button. That's a good idea. I'm looking for good employees, so she'd be good. But thank you. Hey, get out of here. Thank you. All right. I got to run, gentlemen. Thank you. Have a good evening. Good night. Take care. Good night. All right. Are we ready for the next? Yes, ma'am. Okay. So we have appeal number 2024-014. Okay. Townhomes, 46 East 2nd Street, Riverhead. Suffolk County Tax Note number 600-128-5-31. Downtown Center for Zoning for a parking stall variance. Applicant requests variances and or relief from Chapter 301-151B1, where proposed number of on-site parking stalls is 11 and the minimum required is 12. And do you have your mailing receipts and your affidavit of posting and the pictures? Before we proceed. Here's this. [transcription gap]

52 Union Street, Sag Harbor, New York. Go ahead. I guess you have the plans and how this whole eight-unit lot is set up. And it seems like we are totally complying with all the regulations and rules except this one parking lot, which is still okay to buy back from the town. And that's what we're hoping for. That's very simple. That's why you're here. That's why I'm here. Thank you. And it seems like this has happened in the past. There are a couple of examples, but I did not really jot them down to give you examples. I didn't know that I needed to do that. So I'm going to go ahead and take a look. I don't have any questions. We went and looked at the site. It seems appropriate for what you're doing. So I have no objections. So are you going to market that one town home without a parking space? No. There's eight units. And only one and a half parking lot is required. Right. So only one car is going to have to park outside of the house or lot space. So on the street? On the street, yes. And we do have a brewery next door, and they have a large parking lot for at night at least. And it's a public parking lot. And it could be parked there. Yeah. It's not their parking lot. It's the town's parking lot. Correct. And that would be probably the only thing. That would be probably very easy to do, especially being at night. And during the day, everybody's working, hopefully. If the town permits overnight parking in their parking lot. Oh, there's no parking there? Well, the town is free to regulate their parking at any time. They own the property. Okay. Is anyone out there that wants to speak? I'm sorry? Anyone else wants to speak? Oh, one of us. Yes. Anybody on Zoom? Oh, we have James. You on this? Yeah. Thank you. Okay. I just want to find one for the file. Please raise your right hand. Are you solemnly swear to tell the truth, tell the truth, and nothing but the truth? So I'll help you out. I do. Please state your name and your address. I do. And your name? I'm James. James. [transcription gap] the difference between that street and and second street second street is a a one-way uh excuse me not one way a one-sided parking in other words you can't park on both sides of the street which you can on third street and the amount of uh if you look at photo photo number one that was taken prior to the brewery uh operating they operate mostly in the summer months and at on the weekend it's almost impossible for the existing buildings with their tenants to find a parking space on there matter of fact some of the people park on their lawn their front lawn because of the amount of multiple multifamily houses that are on presently on the street and there is insufficient parking a matter of fact i had a discussion with the code people that are working on the code now and they are altering the code because of the problem that exists in downtown riverhead now because of the amount of parking that people are parking all over the place a matter of fact the house that i own on second street i have had a call to the police to come and get cars out of the driveway because of the overflow parking and if you look on the second page the brewery uh has a sign up they don't allow limousines or buses or any larger sized vehicles in the parking lot and take a guess where they park in the street and again on the weekends it's impossible for the residents that are already there to find a parking store and at the present time again as i said i'm not against this gentleman's project but i'm against giving a variance to it because if they're two bedrooms most of the people that have two bedrooms if they if you have three or four people that have two cars they're going to have two bedrooms and if you have two cars you're going to have two bedrooms so you have to have a clear head clear head clear head clear head clear head clear head clear head forget about any guests that'll visit the place, they're out of parking stalls, and they have to park in the street. I was in the planning department twice, and the two comments that I received from someone in the planning department, well, why don't you just tell the people to go park in the town hall's parking lot? So I'm going to stand out in the street and direct people to come down to the town hall parking lot. And the second comment that I got, well, why don't you just put gravel on all your grass and have them park on the grass? Okay, first of all, I didn't appreciate those two comments, but second of all, if one is planning a new project and doesn't provide the proper parking for that project, they should downsize the project. I don't say downsize. I say downsize the number of units. Downsize the square footage of the unit so you can put the proper parking in. If you notice, I went to examine the file today, and as most of the board knows, I'm an architect myself. I looked at the drawings, and I saw that the planning board is already giving him a variance on the size of the parking stall. He's allowing them to downsize the parking stall. And on the drawings, the drawings that I have to bring to the attention if the board hasn't seen it, are not even properly dimensioned. They're not even dimensioned, which is actually, when I do a set of drawings, I don't tell the people to measure off the drawings. I tell them, do not measure off the drawings. That's proper architectural etiquette, is you dimension the drawings. You don't scale off drawings. So I think that the people who are proposing this project should have come to the board first to find out if, in fact, a variance could be obtained before final design drawings or other drawings were completed. Matter of fact, the last time I was there, the last time when I attended the CEQA hearing, a question was put out by one of the members and asked the people who were building the project, well, if you have an oversized pickup, they won't be able to fit in these small parking stalls. And the answer that the owner gave said, well, they'll have to, we won't let them park on the project. And, you know, and again, I asked the question of the board, where are they going to wind up parking? In the street. So I don't want to mix the project, but I'm asking the board before they make this determination to think carefully about it, about the, and even if you look at your area variance considerations, if you look at the five questions, that are required by the state law, you have to answer yes to all those questions. You can't answer no. The first one, is this variance going to impact the adjacent properties? The answer is yes. Is the variance substantial? Well, one parking stall out of 10, it's almost 9% of the parking lot. The third question, can this be achieved by any other means? The answer is yes. You make the units smaller and you incorporate the parking stall. At one and a half, that's not even enough, but that's the code and you have to abide by the code. But that's why they're changing it now. They're in the process of changing it. The fourth question, will this adversely affect the environment? Yeah, by parking more cars in the street, absolutely. And the fifth question, is this a self-created hardship? Yes, it is. So virtually, all these questions should have been answered yes, because it does affect houses that have been there approximately 50 to 100 years or over 100 years. That's all I have to say. Thank you. If the board has any questions for me, I'll be more than happy to answer them. Anyone have any questions? No. Thank you, Jim. You want to come back to the mic, sir? No. Okay. All right. So we'll go back to the mic. [transcription gap] Do you have any suggestions on how this might be solved for you? Well, we're solving the problem of buses and limousines and not the people who live there. So I'm not sure. Well, this is four town, eight town house units. Correct. [transcription gap] Situated in two buildings. Correct? Correct. And what are the size? Are they all one bedroom? Are there some two bedrooms? All two bedrooms. So if you reduced one or two of the units to one bedroom units, could you meet the parking requirement? Obviously, yes.

I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full head room so I didn't have full I'm sure. I agree with all your concerns and thank you. I also have concerns. Sorry. I want to answer some of your comments please. First of all, we had a pre-submission meeting with the planning board and we talked about this issue and we proposed several other solutions. And they said we should be asking for a variation. So we're here following their advice firstly. And about the parking stall sizes, they are nine by 20.

And they are according to the codes, it's also in your code book. With two lines we can do nine by 20 per person. And we have a lot of parking sizes. And pickup parking is currently possible with 11 stalls. Because we will have enough maneuvering space. That's why we're proposing only 11 stalls. We can actually fit 12. But then on the ends of the parking lots, there won't be any maneuvering space. Well you have to account for an outside dumpster, correct? Yes. Okay. Thank you. [transcription gap] For my standard, it's the limit for a two-bedroom house. Male Speaker 2 My question was whether or not you could change the plan from eight two-bedroom units and change two of the units to a one-bedroom unit.

Female Speaker 2 Technically possible, but I wouldn't prefer to reduce the footprint area of the unit. I can remove the second floor, but it's not going to add any area for my parking lot.

What do you think? Male Speaker 2 Yes, ma'am. Female Speaker 2 Yeah. Male Speaker 2 Female Speaker 2 I don't know what to propose right now.

Male Speaker 2 Hey, Marie, if they would change one unit to one bedroom instead of two, would they meet the parking requirements? One unit? Female Speaker 2 No, it's not about the bedroom. Male Speaker 2 It's the square footage. Male Speaker 2 It's the square footage of each unit? Female Speaker 2 Well, no, it's the unit number of the units. So, if we have eight units, we have to have 12. And, you know.

Male Speaker 2 So, then the other question is, could you reduce it to seven units rather than eight? You just said that you would like the units to actually be larger. So, could you reduce it to seven units rather than eight? Female Speaker 2 It's financially, no. Because, you know, it doesn't make sense then to make this investment. Male Speaker 2 On the other hand, this is a DC4 zoning. We are allowed to make townhouses, and we are following the code. And we have the right to buy that stall from the town. And we're asking to, you know, use our rights. And, you know, of course, you have the right to deny. But why are you proposing, Male Speaker 2, Female Speaker 2, Male Speaker 2, [transcription gap] Male Speaker 2, and so dense zoning in that area then? I understand all of your concerns, but, you know, we're just trying to, you know, follow our feasibility here. Female Speaker 2 Male Speaker 2 Well, the zoning in that area has accommodated and continues to accommodate new growth without relief. So, it does work, that zone. Female Speaker 2 Yes, I agree. Male Speaker 2 Might not work for the desired. Female Speaker 2 Male Speaker 2 But it does work for the desired income that you want to derive off the property, but it works for other property developers. Male Speaker 2 Do you want to talk about it? Male Speaker 2 No. Male Speaker 2 How do you feel? Female Speaker 2 Mm-hmm. Male Speaker 2 These guys don't have a problem until the next thing. Male Speaker 2 Mm-hmm. Male Speaker 2 I'd like them to think about it, to be honest with you. Male Speaker 2 I'd like to think about it a little bit. Male Speaker 2 But we adjourned. What we would like to do is we would like to digest everything that has been said here this evening. Okay. And we would like to move it adjourned for two weeks. Okay. Okay? All right. And then maybe you can during that time also digest some things and see how you could come up to fit the program. I think the points about the parking were very important. Okay? Okay. Do you have anything else to add? Anything else? Well, we've digested it for a long time because planning pre-planning meetings we had two. And they were very encouraging. Okay. Give us two weeks. We'll have a decision at the end. Thank you very much for being here and the presentations. Thank you. Who's going to make the motion? Mr. Chairman? Please. Who has the reading? I do. So, Mr. Chairman, with respect to the presentation, I would like to make a motion to approve the motion. Okay. All right. So, Mr. Chairman, I would like to appeal number 2024-014. I move that the appeal of 2nd Street Townhounds, 42nd East 2nd Street, Riverhead, Suffolk County tax map 600-128-5-31, Downtown Center 4, DC-4 zoning be adjourned for two weeks for us to June 27. To June 27. Okay. Second. Anybody else? All right. Mr. Portia. Second. Vote. Aye. Mr. Zawieski. Aye. Mr. Barnes. Aye. Mr. Panthilla. Aye. And I vote aye. So, we'll see you in two weeks. And we'll all think. Thank you. Okay. Our last appeal of the evening is appeal number 2024-015, Greenview Motel, 1433 West Main Street, Riverhead, Suffolk County tax map number 5-015, Greenview Motel, 1433 West Main Street, Riverhead, Suffolk County tax system, ! property line minimum required is 15 feet and chapter 301-254g3 where internally illuminated signs are not permitted in riverfront corridor zoning all right sir please raise your right hand and just only swear to tell the truth to hold the truth nothing about the truth i do please just state your name and your address where you live use of hunt my physical address is um 202 norwegian woods drive partsville pennsylvania but i'm responsible for greenview hotel 1433 west main street riverhead 11901 okay do you have the mailings and all that yes he um we received the affidavit of posting and mailing all of the uh certified mailing receipt and also photos of the poster being on the property good thank you go ahead and push pretty much obviously greenview hotel been there over 40 years and throughout the years you know the weather had be beaten in all the signs recently we have been upgrading the facility in order to make it better for the community um we we're doing both interior and exterior um so what we're asking the signs are kind of low they're all there there they were shot from the weather and we just want to put some new updated signs so that it can be a little more visible and that's all we're trying to accomplish here and i mean it's also looks good in the community also um if you guys had passed by there in the past you knew what it was like if you go there now you'll see a substantial difference AND WE WOULD, YOU KNOW, IT WOULD BE NICE IF WE CAN CHANGE THE SIGNS. THAT'S ALL I'M ASKING. LOOKS LIKE YOU'RE TRYING TO DRESS UP THAT FRONT AREA. YES. WE'RE DOING EVERYTHING SLOWLY. 40 YEARS, HUH? OVER 40 YEARS. THAT'S A LONG TIME. YES. ANYBODY ON ZOOM OR ANYBODY WANTS TO SAY ANYTHING? JUST A QUICK QUESTION ON ILLUMINATION OF THE SIGNS. ARE THE SIGNS AND THE CANOPY GOING TO HAVE ILLUMINATION INSIDE OF THEM OR IS IT JUST LIGHTS DROPPING DOWN AGAINST THEM SO YOU CAN SEE? JUST THE LIGHTS DROPPING DOWN ON THE CANOPY. THERE'S NO ILLUMINATION INSIDE OF THE LIGHT, INSIDE OF THE CANOPY. THE INTERIOR LIGHTS. OKAY. PERFECT. I DON'T HAVE ANY CONCERNS. ALL RIGHT. CAN WE HAVE A READING, PLEASE? I'LL READ THE READING FOR YOU. I MOVE THAT THE APPEAL OF GREEN STATEMENT BE RELEASED. [transcription gap] It's located in the riverfront corridor zoning district. Variances and relief from Chapter 301, 249C1, where the signs proposed on the premises were structures 15 feet from the property line and the minimum allowed is 20 feet. Chapter 301, 249C4, where the proposed sign setbacks are 5.5 feet from the front property line, minimum required is 15 feet. And Chapter 301, 254G3, where internally illuminated signs are not permitted in the RFC district, be approved in accordance with the applications and sketches and amendments, as well as there shall be no additional signage on or in the area of the front yard, subject to ARB approval as well. Be approved. Second. Filed with the building inspector. Second. Mr. Portia. Aye. Mr. Zaweski. Aye. Mr. Gazzanola. Aye. Mr. Barnes. Aye. And I vote aye, so your variance has been granted. Good luck. Okay. Board, thank you so much. And one last thing I have to say. Heather, she's doing an excellent job. It's nice to get compliments. Raise, raise, raise. You didn't say that us. It's nice to be complimented. Thank you, Heather. And your hard work. Anne Marie, as always, thanks. Okay, guys. Thank you. Have a good night. Thank you. Good night, fellas. Good night. [transcription gap] Can we have a motion to accept amendments? So moved. Second. Second. All in favor? Aye. [transcription gap] Can we have a motion to adjourn? So moved. Second. Second. Cleaning day. Aye. All in favor? Aye. [transcription gap] Next meeting date? Next meeting is the 27th, I believe. 27th? Next meeting is June 27th, Mr. Chairman. Wow. Not this month is flying by. Okay. You're free to go, right? Yes, you're free to go. You're free to go. Thank you. Thank you again. Thank you. Good night. Good night. Next meeting. I don't know.

Good night.