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July 11, 2024 — Zoning Board of Appeals

Zoning Board Meeting
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0:00Thank you.
0:30[transcription gap]
1:02I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation, undivided, indivisible, with liberty and justice for all.
1:15Thank you.
1:18Okay, it's the first order of business. We have an adjournment.
1:22Dan, do you have it?
1:24Sure.
1:24With respect to appeal number 2023-024.
1:30Christopher Bada, 11 Oak Street, Jamesport, Suffolk County Tax Map number 600-93-1-10 in RB40 zoning.
1:38I move that the appeal of Christopher Bada, originally granted July 27, 2023, with an expiration of July 27, 2024, be granted a first extension extended for the period of one year, thus expiring July 27, 2025, for variances and or relief from Town Code Chapter 301-15A1B,
1:58proposed setback from the side.
2:00The section of the street line is 42 foot when 50 foot is required.
2:04Chapter 301-15A1B, existing rear yard setback is 2.5 minimum.
2:10Required is 20 foot.
2:12And Chapter 301-17, where proposed impervious surface is 22% when maximum allowable is 15%.
2:20Do we have a second?
2:22Second.
2:24Mr. Porsche.
2:26Aye. Second.
2:27Notes of vote.
2:29All in favor.
2:29Aye.
2:30Mr. Zawieski.
2:31Aye.
2:32Mr. Barnes.
2:33Aye.
2:33Mr. Zillow.
2:36I've recused.
2:37OK.
2:38And I vote aye.
2:39So the extension has been granted.
2:42OK.
2:44And now we go to, you want to take it, Helen?
2:47Yeah.
2:48OK.
2:48So first up, we have appeal 2024-017, Gabrielle Sharvat-Watts, 189 Ackerley Street, Riverhead, Suffolk County Tax Map
2:59number 600-104-1-12, Residence A40 zoning to legalize an accessory structure.
3:08Applicant requests variances and or relief from Chapter 301-9A1A, where accessory structure
3:14is not permitted in a front yard.
3:16And this was adjourned from June 27, 2024.
3:21You've been sworn in?
3:23Yes.
3:23Yes.
3:24OK.
3:24Go right ahead.
3:26So it was denied to have it in the place that it was.
3:28OK.
3:29So I had gone back to the building department and discussed with Mr. with Andreas there, as per your suggestion.
3:38And we had discussed some items and he had suggested perhaps I should bring to the board that I push the shed back as far as possible.
3:47So I'll have to take down some of the fences and the shed will almost meet the face of the house.
3:52It'll just be a little, about a foot forward.
3:55So that way it doesn't impede the walkway behind.
3:58And to go into the backyard as well.
4:03So is it going to be behind the break of the front of the house?
4:07It would be, there's a cement walkway along the front of the house.
4:11It would be like faced up to that.
4:13So it would be within, it'd be, I think it's approximately three feet.
4:19I did a mock up and emailed that in, I believe.
4:24So you met with the building inspector?
4:25Yes.
4:26OK.
4:26Yeah.
4:27And?
4:27Yeah.
4:27Yeah.
4:28He made suggestions to you?
4:29Yes.
4:30The only thing we have a problem with is it's in the front yard.
4:35And I know you're trying to tuck it in, I guess.
4:38Yeah.
4:38Is that what you're saying?
4:39Yeah.
4:39OK.
4:40And it's going to stick out about a foot.
4:42Now what's, again, prohibiting you from moving the back one more foot?
4:45I have, so when you open the, on that side of the house there's a gate and a walkway.
4:52And then there's a walkway around the deck to get access to the backyard.
4:55So I was just trying to maintain that walkway.
4:57So we can use this, the side yard.
5:00It's not blocked by the shed.
5:06So is it impossible to move it further back?
5:09I mean, it's got to go, it's got to be out of the front yard, even if it's a foot.
5:15OK.
5:15So if it matches the face of the house, that's as far back as I, as you, as is acceptable?
5:23If there's no opposition from any neighbors.
5:26And there's not.
5:27And you break the line and you're even, I would not have a problem with that.
5:32OK.
5:33No, all right.
5:34[transcription gap]
5:38So you have to make it work.
5:39OK.
5:40So if you make it work and you can push it back, we'll adjourn it for two weeks.
5:47OK.
5:49Four weeks?
5:49August 8th.
5:50Next meeting is August 8th.
5:52August 8th is the next meeting.
5:54So that'll give you plenty of time to push it back.
5:56OK.
5:56I have to take out some.
5:57Some shrubs and things too.
5:59It has to be on the front line of the house.
6:02Yeah.
6:03You know.
6:04OK.
6:05Then it becomes a side yard.
6:07So the structure of the variance is going to change and it has to be amended.
6:12The application has to be amended.
6:13OK.
6:14So we'll adjourn it and so I can amend the application for a side yard.
6:17And you ask for an amended application.
6:20If we had voted no against it, it would have been a case closed.
6:23And you would have had to reapply again, repost again.
6:25It would have been, you know.
6:27A nightmare for you.
6:28A lot more fun.
6:29We're trying to make it easier for you.
6:31Yeah.
6:32I appreciate that.
6:33And the board members have heard many comments that the yard, the front yard, needs to be straightened out.
6:39I mean it's not.
6:42There's things in the front that don't necessarily need to be there.
6:46If you can clean up the front, that would be great.
6:49OK.
6:49And your neighbors would love you.
6:51Oh, they do.
6:52I'm all for it.
6:55Wonderful kids, yes.
6:56Mm-hmm.
6:57OK.
6:58You're smiling now.
6:59It's better than last time.
7:01Thank you.
7:01Mm-hmm.
7:03It's all about compromise, isn't it?
7:07So we're in agreement.
7:07So we're going to adjourn it until August 8th.
7:11August 8th.
7:11Can I have a second?
7:12Second.
7:13Second.
7:13All in favor?
7:14Aye.
7:14Aye.
7:15Thank you.
7:15Good luck.
7:16Have a good night.
7:17Take care.
7:19Heather, you want to read the next one?
7:21Sure.
7:23OK.
7:24Next up, we have appeal 2024-0.
7:26OK.
7:26Next up, we have appeal 2024-016, CAV896, LLC, 896 Old Country
7:32Road, Riverhead, Suffolk County Tax Web Number 600-108-3-24,
7:38Business Center Zoning for a parking stall variance.
7:42Applicant requests variances and or relief from Chapter 301-94B1,
7:48where site has 77 parking spaces provided,
7:51spaces required by square foot of occupancy is 118.
7:55All in favor?
7:55Aye.
7:56[transcription gap]
8:23motion and prior to hearing any testimony is going to adjourn the matter
8:29to August 8th for determination of the applicability and the requirement for
8:37site plan prior to a request for application for relief to the zoning
8:43Board of Appeals okay can I say something that's it I will
8:52Bram Weber Weber Law Group 290 Broad Hollow Road for the applicant so no no
9:01I'm not gonna give thank you I have I put a whole crew of people here to watch
9:06this hearing so I guess we're gonna have to come back um may I ask what's the
9:11site plan for there are no site changes being proposed well as you're probably
9:17aware familiar with the history of this parcel
9:22um
9:22[transcription gap]
9:22um
9:22um
9:22um
9:22[transcription gap]
9:23um
9:40In addition, there's another provision of the Town Code which talks about an increase
9:48in the site and it includes parking, et cetera.
9:56I can send you those provisions.
9:59So the Zoning Board of Appeals is seeking clarification and actually desirous of the
10:07matter going forward with the site plan, albeit an administrative site plan, as the request
10:16for relief relates to parking.
10:20Okay.
10:23So just so I'm clear, so we're making no site changes and no interior changes other than
10:30seeking relief to allow existing vacant space to be used as medical space, but that would
10:37be subject to the Zoning Board of Appeals?
10:37Yes.
10:38Okay.
10:39So that would be subject to an administrative site plan first before coming to this board
10:42for relief for the parking?
10:43That's correct.
10:44Yes.
10:45Yes.
10:46The previous application to add, it originally was PC Richards, I believe.
10:53Correct.
10:54And then one medical office was established.
10:57Thereafter, in 2019, a second medical office was established and did undergo administrative
11:05site plan review.
11:06Okay.
11:07So the Zoning Board of Appeals is seeking clarification on the applicability and requirement
11:20for administrative site plan for this project.
11:23Okay.
11:24So this is the first we're hearing of this.
11:25And like I said, I brought a lot of people down to see this hearing.
11:29They could have watched it on TV.
11:31No.
11:32Well, it was for the experience.
11:33I have a college intern here.
11:34I have a law school student.
11:35So it was for the experience.
11:36Well, welcome.
11:37Welcome.
11:38But I guess the question then is, we made an application to the Zoning Board of Appeals.
11:43We were not made aware that we needed to make any application to the Planning Board.
11:47Is this, just so I understand what the process and the procedure is going to be now, we have
11:51to make a separate application to the Planning Board?
11:54That will be determined, and I assure you that I will, if I'm able to communicate with
12:01you prior to the August 8th date.
12:05I anticipate it will be resolved within a week.
12:12So that we would be able to come back here on August 8th for the hearing?
12:16No.
12:17The determination of whether administrative site plan would be required prior to Zoning
12:25Board of Appeals hearing an application for relief will be determined, and I could advise
12:30you of that, and whatever steps would be required.
12:34Okay.
12:35Second, so this is just a final question.
12:36Two questions, actually.
12:37One, Planning Board makes that determination?
12:38Who's going to make the determination as to whether administrative site plan is required?
12:39Is that a Planning Board determination?
12:48It'll be among council.
12:53Okay.
12:54Second question, is the Board at all interested in hearing any testimony?
12:57Maybe academic, that's what...
13:01Correct.
13:02... soit premature.
13:03Okay.
13:04Okay. Okay. That's unfortunate that we're hearing about this at this late date, but okay. Hopefully
13:11it'll all work out. Correct. We do too. Are there any, are there any, let me ask you this question.
13:15Again, I said two, maybe up to three. Yeah, I got it. Sorry. I'll pay extra. All right. Is there
13:21anything that the board is interested in hearing or would like to know, or even if I don't give
13:27testimony that I can make sure that we cover in a hearing? I've never been, I've never had this
13:31experience before where I've come here and I've been told, don't give your testimony. So is there
13:34anything that the board while we're here is particularly interested in this application
13:39so I can make sure we cover it during the public hearing? Answer. It's not appropriate because if
13:43the matter requires site plan, it has to go through the administrative site plan process
13:51prior to coming to the zoning board of appeals. Okay. I have just a very, very minor answer
14:00question. It has more.
14:01To do with the Nelson and Pope study? Sure. What was the date that was actually done? Because it
14:08says Thursday, the 12th, Thursday was not the 12th. Thursday was the 14th. Just so we've got it clear
14:15what date was the study actually done?
14:21Yeah, it says Thursday, the 12th. So if you go and look at the calendar, Thursday was not the 12th.
14:31Thursday's 14th. Thursday's 14th.
14:33Thursday's 14th.
14:33[transcription gap]
15:01Thank you.
15:06Thank you.
15:07Have a good night.
15:09Oh, yeah.
15:10Do you want the affidavits?
15:11Because you're adjourning the hearing.
15:13I'll take them, yeah.
15:14Yeah.
15:28It's a posting.
15:29Anything else?
15:33Did you get any green cards back?
15:37Oh, I know.
15:37Yeah.
15:42I do understand that, my friend.
15:45I do understand.
15:49Thank you.
15:50Good night.
15:50Good night.
15:57I think that concludes the agenda,
15:59right?
15:59No, minutes.
16:00No.
16:03Okay.
16:05Can I have a motion for approval?
16:08Did we even open up the hearing?
16:11No.
16:12So there's nothing.
16:13Nothing.
16:13Just want to make sure.
16:14Can I have a motion to adjourn the minutes,
16:16accept the minutes?
16:17So moved.
16:18Second.
16:19All in favor?
16:20Aye.
16:20Can I have a motion for adjournment of the meeting?
16:23So moved.
16:23All in favor?
16:24Aye.
16:25The next meeting is August 8th, 2024.
16:27That's correct.
16:28There will be no meeting.
16:29There will be no meeting on July 25th.
16:30So it's August 8th.
16:32Thank you.
16:33[transcription gap]
16:59!
17:08Thank you.
17:08Thank you.
17:08Thank you.
17:08[transcription gap]
17:12Thank you.
17:12Thank you.
17:27Thank you.
17:27Thank you.

Full Transcript

Thank you. [transcription gap] I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation, undivided, indivisible, with liberty and justice for all. Thank you. Okay, it's the first order of business. We have an adjournment. Dan, do you have it? Sure. With respect to appeal number 2023-024. Christopher Bada, 11 Oak Street, Jamesport, Suffolk County Tax Map number 600-93-1-10 in RB40 zoning. I move that the appeal of Christopher Bada, originally granted July 27, 2023, with an expiration of July 27, 2024, be granted a first extension extended for the period of one year, thus expiring July 27, 2025, for variances and or relief from Town Code Chapter 301-15A1B, proposed setback from the side. The section of the street line is 42 foot when 50 foot is required. Chapter 301-15A1B, existing rear yard setback is 2.5 minimum. Required is 20 foot. And Chapter 301-17, where proposed impervious surface is 22% when maximum allowable is 15%. Do we have a second? Second. Mr. Porsche. Aye. Second. Notes of vote. All in favor. Aye. Mr. Zawieski. Aye. Mr. Barnes. Aye. Mr. Zillow. I've recused. OK. And I vote aye. So the extension has been granted. OK. And now we go to, you want to take it, Helen? Yeah. OK. So first up, we have appeal 2024-017, Gabrielle Sharvat-Watts, 189 Ackerley Street, Riverhead, Suffolk County Tax Map number 600-104-1-12, Residence A40 zoning to legalize an accessory structure. Applicant requests variances and or relief from Chapter 301-9A1A, where accessory structure is not permitted in a front yard. And this was adjourned from June 27, 2024. You've been sworn in? Yes. Yes. OK. Go right ahead. So it was denied to have it in the place that it was. OK. So I had gone back to the building department and discussed with Mr. with Andreas there, as per your suggestion. And we had discussed some items and he had suggested perhaps I should bring to the board that I push the shed back as far as possible. So I'll have to take down some of the fences and the shed will almost meet the face of the house. It'll just be a little, about a foot forward. So that way it doesn't impede the walkway behind. And to go into the backyard as well. So is it going to be behind the break of the front of the house? It would be, there's a cement walkway along the front of the house. It would be like faced up to that. So it would be within, it'd be, I think it's approximately three feet. I did a mock up and emailed that in, I believe. So you met with the building inspector? Yes. OK. Yeah. And? Yeah. Yeah. He made suggestions to you? Yes. The only thing we have a problem with is it's in the front yard. And I know you're trying to tuck it in, I guess. Yeah. Is that what you're saying? Yeah. OK. And it's going to stick out about a foot. Now what's, again, prohibiting you from moving the back one more foot? I have, so when you open the, on that side of the house there's a gate and a walkway. And then there's a walkway around the deck to get access to the backyard. So I was just trying to maintain that walkway. So we can use this, the side yard. It's not blocked by the shed. So is it impossible to move it further back? I mean, it's got to go, it's got to be out of the front yard, even if it's a foot. OK. So if it matches the face of the house, that's as far back as I, as you, as is acceptable? If there's no opposition from any neighbors. And there's not. And you break the line and you're even, I would not have a problem with that. OK. No, all right. [transcription gap] So you have to make it work. OK. So if you make it work and you can push it back, we'll adjourn it for two weeks. OK. Four weeks? August 8th. Next meeting is August 8th. August 8th is the next meeting. So that'll give you plenty of time to push it back. OK. I have to take out some. Some shrubs and things too. It has to be on the front line of the house. Yeah. You know. OK. Then it becomes a side yard. So the structure of the variance is going to change and it has to be amended. The application has to be amended. OK. So we'll adjourn it and so I can amend the application for a side yard. And you ask for an amended application. If we had voted no against it, it would have been a case closed. And you would have had to reapply again, repost again. It would have been, you know. A nightmare for you. A lot more fun. We're trying to make it easier for you. Yeah. I appreciate that. And the board members have heard many comments that the yard, the front yard, needs to be straightened out. I mean it's not. There's things in the front that don't necessarily need to be there. If you can clean up the front, that would be great. OK. And your neighbors would love you. Oh, they do. I'm all for it. Wonderful kids, yes. Mm-hmm. OK. You're smiling now. It's better than last time. Thank you. Mm-hmm. It's all about compromise, isn't it? So we're in agreement. So we're going to adjourn it until August 8th. August 8th. Can I have a second? Second. Second. All in favor? Aye. Aye. Thank you. Good luck. Have a good night. Take care. Heather, you want to read the next one? Sure. OK. Next up, we have appeal 2024-0. OK. Next up, we have appeal 2024-016, CAV896, LLC, 896 Old Country Road, Riverhead, Suffolk County Tax Web Number 600-108-3-24, Business Center Zoning for a parking stall variance. Applicant requests variances and or relief from Chapter 301-94B1, where site has 77 parking spaces provided, spaces required by square foot of occupancy is 118. All in favor? Aye. [transcription gap] motion and prior to hearing any testimony is going to adjourn the matter to August 8th for determination of the applicability and the requirement for site plan prior to a request for application for relief to the zoning Board of Appeals okay can I say something that's it I will Bram Weber Weber Law Group 290 Broad Hollow Road for the applicant so no no I'm not gonna give thank you I have I put a whole crew of people here to watch this hearing so I guess we're gonna have to come back um may I ask what's the site plan for there are no site changes being proposed well as you're probably aware familiar with the history of this parcel um [transcription gap] um um um [transcription gap] um In addition, there's another provision of the Town Code which talks about an increase in the site and it includes parking, et cetera. I can send you those provisions. So the Zoning Board of Appeals is seeking clarification and actually desirous of the matter going forward with the site plan, albeit an administrative site plan, as the request for relief relates to parking. Okay. So just so I'm clear, so we're making no site changes and no interior changes other than seeking relief to allow existing vacant space to be used as medical space, but that would be subject to the Zoning Board of Appeals? Yes. Okay. So that would be subject to an administrative site plan first before coming to this board for relief for the parking? That's correct. Yes. Yes. The previous application to add, it originally was PC Richards, I believe. Correct. And then one medical office was established. Thereafter, in 2019, a second medical office was established and did undergo administrative site plan review. Okay. So the Zoning Board of Appeals is seeking clarification on the applicability and requirement for administrative site plan for this project. Okay. So this is the first we're hearing of this. And like I said, I brought a lot of people down to see this hearing. They could have watched it on TV. No. Well, it was for the experience. I have a college intern here. I have a law school student. So it was for the experience. Well, welcome. Welcome. But I guess the question then is, we made an application to the Zoning Board of Appeals. We were not made aware that we needed to make any application to the Planning Board. Is this, just so I understand what the process and the procedure is going to be now, we have to make a separate application to the Planning Board? That will be determined, and I assure you that I will, if I'm able to communicate with you prior to the August 8th date. I anticipate it will be resolved within a week. So that we would be able to come back here on August 8th for the hearing? No. The determination of whether administrative site plan would be required prior to Zoning Board of Appeals hearing an application for relief will be determined, and I could advise you of that, and whatever steps would be required. Okay. Second, so this is just a final question. Two questions, actually. One, Planning Board makes that determination? Who's going to make the determination as to whether administrative site plan is required? Is that a Planning Board determination? It'll be among council. Okay. Second question, is the Board at all interested in hearing any testimony? Maybe academic, that's what... Correct. ... soit premature. Okay. Okay. Okay. That's unfortunate that we're hearing about this at this late date, but okay. Hopefully it'll all work out. Correct. We do too. Are there any, are there any, let me ask you this question. Again, I said two, maybe up to three. Yeah, I got it. Sorry. I'll pay extra. All right. Is there anything that the board is interested in hearing or would like to know, or even if I don't give testimony that I can make sure that we cover in a hearing? I've never been, I've never had this experience before where I've come here and I've been told, don't give your testimony. So is there anything that the board while we're here is particularly interested in this application so I can make sure we cover it during the public hearing? Answer. It's not appropriate because if the matter requires site plan, it has to go through the administrative site plan process prior to coming to the zoning board of appeals. Okay. I have just a very, very minor answer question. It has more. To do with the Nelson and Pope study? Sure. What was the date that was actually done? Because it says Thursday, the 12th, Thursday was not the 12th. Thursday was the 14th. Just so we've got it clear what date was the study actually done?

Yeah, it says Thursday, the 12th. So if you go and look at the calendar, Thursday was not the 12th. Thursday's 14th. Thursday's 14th. Thursday's 14th. [transcription gap]

Thank you. Thank you. Have a good night. Oh, yeah. Do you want the affidavits? Because you're adjourning the hearing. I'll take them, yeah. Yeah.

It's a posting. Anything else? Did you get any green cards back? Oh, I know. Yeah.

I do understand that, my friend. I do understand. Thank you. Good night. Good night.

I think that concludes the agenda, right? No, minutes. No.

Okay. Can I have a motion for approval? Did we even open up the hearing? No. So there's nothing. Nothing. Just want to make sure. Can I have a motion to adjourn the minutes, accept the minutes? So moved. Second. All in favor? Aye. Can I have a motion for adjournment of the meeting? So moved. All in favor? Aye. The next meeting is August 8th, 2024. That's correct. There will be no meeting. There will be no meeting on July 25th. So it's August 8th. Thank you. [transcription gap]

! Thank you. Thank you. Thank you. [transcription gap] Thank you. Thank you.

Thank you.

Thank you.