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Thank you. Thank you. Please stand for the Pledge of Allegiance. Oh. Ready? The Pledge of Allegiance. For the flag of the United States of America, and the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Okay. Kevin, do you want to start us off, please? Sure. So, for reserve decision, we have Appeal Number 2020 4-035, Elizabeth McGrath, 1201 Ostrander Avenue in Riverhead, Suffolk County Tax Note Number 600-82-3-7, Business Center Zoning for Proposed Retail Cannabis Dispensary. We were waiting on correspondence back from the Suffolk County Planning Commission, which we did receive by letter February 11, 2025. They found the application to be a matter for local determination, so the Board can make their decision at this time. Okay. Go right ahead. Okay. So, Mr. Chairman, with respect to Appeal Number 2024-035, there is three pages worth of decision here, but I'm just going to read the conclusion. The Zoning Board of Appeals, after reviewing the criteria for reviewing a use variance request, has determined that the applicant has failed to prove unnecessary hardship or meet the elements including failure to establish reasonable rate of return and unique hardship for this self-created hardship to support a determination for a use variance. Accordingly, the appeal must be denied. Based upon the foregoing, this Board hereby denies the application in its entirety. So, it's got the second. So moved. All right. Moved and seconded. Second. Mr. Proshetta. Aye. Mr. Zaweski. Aye. Mr. Gazillo. Aye. And I vote aye. Portia. Thank you. Ms. Spillian, name on this thing. Go ahead, Heather. Okay. And next up, also for a reserve decision, appeal number 2024-031 Jason and Jamie Pastrano, 834 Soundshore Road in Jamesport. Suffolk County tax note number 8-1-8 Residence A40 Zoning for a proposed single family dwelling in ground pool hot tub within the Coastal Erosion Hazard Area. I will note that this Board received amended plans last dated January 29th of 2025 showing the relocation of the proposed improvements and the omission of the hot tub with no change to the nature of relief being sought. Is there anybody here, please? Is there anybody here? Is anybody? No. Let's just read and go. Okay. Mr. Chairman, with respect to appeal number 2024-031, I move the appeal of Jason and Jamie Pastrano, 834 Soundshore Road, with respect to appeal number 2024-031, I move the appeal of Jason and Jamie Pastrano, 834 Soundshore Road, [transcription gap] Jamesport SCTM number 600-8-1-8, Residence A-40 RA40 Zoning for variance and or relief from Chapter 219-14, subdivision A, subdivision 2, where proposing ground pool patio is not specifically allowed development under Section 219-14, subsection B, all development in bluff areas is prohibited unless specifically allowed by Section 219-14, subsection B, be granted based upon the submission of amended plans last dated January 29, 2025, with removal of the existing hot tub located within coastal erosion hazard area, proposed new location in paren via amended plans, referenced above, close paren, where in ground pool and dwelling moved landward of the 50 feet CEHA setback, and therefore outside the jurisdiction of the coastal erosion hazard area, with a slight portion in parens estimated less than six inches, close paren, of the northeastern most portion slash corner of the patio in Nerochi and Corochipan, within the into coastal erosion hazard area, under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under under is not part of this application, and any change of use or alteration shall require additional relief from the Board under separate appeal. Any land disturbance or improvements within 150 feet of the freshwater wetland at the southern portion of the property shall require Conservation Advisory Council approval. For the grant of Chapter 219, Relief by the Zoning Board, in its authority as the Coastal Erosion Hazard Board of Review, for a slight portion, estimated less than six inches, of the northeastern most portion corner of the patio encroachment within and into the coastal erosion hazard wet area, shall also be made to Chapter 219 approval by Planning Board. Would the revised plans and construction narrative be submitted to the Planning Department? Finally, the Zoning Board of Appeals approval shall be consistent with the above and in accordance with the applications and sketches when amendments thereto, if any, as filed with the Building Inspector. Second. All right. Moved and seconded. Mr. Porsche. Aye. Mrs. Weske. Aye. Scott Zillow. Aye. And I vote aye. So that... Has been granted.

So next, we had Appeal Number 2024, DS04. Before, Heather, I just want to acknowledge that you did several amendments, and obviously your hard work paid off. It was a good job. Thank you. Thank you.

So, as to the public hearing, Appeal Number 2024-036, Portia Brown Trent, 650 Elton Street, Riverhead, I spoke to Council Representing the Applicant. That application... Is withdrawn. Okay.

And lastly, we have Appeal Number 2023-033, Kathleen Glass, 120 Louise Court, Riverhead, Suffolk County Tax Map Number 600-17-1-8.3, Residence 840 Zoning, Pre-Proposed Pool House, Accessory Structure, Trellis In-Ground Pool in the Front Yard, Request. [transcription gap] Request. [transcription gap] Request. [transcription gap] chapter 301-9a1a where proposed pool trellis and cabana located in the front yard not permitted this was reopened due to change in nature of relief change in size of pool cabana and this was adjourned from january 9th 2025

and before we begin with any presentations do you want me to read correspondence that we've received yes okay so see we received pictures from the spors as the neighbors at 111 a Louise court they came in February 12th I distributed those to the board members via email and I have the physical copies as well we also received email correspondence from from the Sforzas dated February 13th, 2025. That was via email. And then we also received additional correspondence from 95 Louise Court today, February 13th, 2025. Again, all of the email correspondence and photos from the neighbors were forwarded to the board. I have physical copies here as well for the record. In addition, we've also received an engineering report from the applicant's design professionals dated February 5th, 2025, as well as topographical surveys and amended plans.

This is the engineering report. Good evening, board. My name is Damon Hamilton, 86 Springy Banks Road, East Hampton, New York. I'm the senior project manager for the architect for this project. I believe he was sworn in. Last time out. You're still under oath. Yes. Understandable. I'm just gonna quickly recount what we discussed last time. There were some neighbors that were concerned about the overall size of the structure and that we were requested to meet with the neighbors to try to reduce the overall size of the structure, bring it more in line with maybe the sketch that they had submitted along with the original size structure that was previously approved. So what you're seeing in front of you is that reduced structure. We also have comparative drawings. Can I speak from up there? Yes, absolutely. Yeah. And this way if you want to change the photos. So, this is a comparative analysis.

Of what was previously approved here. What we had previously proposed at our last meeting here. And what we are proposing at this meeting tonight. The overall footprint previously proposed was 2,138 square feet. The previously proposed footprint was 2,665 square feet. Okay. Now the currently proposed overall footprint is 2,173 square feet. This is a 1.5% increase from the previously approved footprint. The previously approved enclosed area was 84 square feet. The previously proposed was 474.5 and the current is 323. Okay. The roofed area was 575 approved. Previously requested was 1,264. And the currently submitted is 798 square feet. This is a significant reduction from the previously proposed scheme. And is 90% of what the SPORZs had requested. Okay. Okay. So, this is the current as far as the sketch that they had submitted. We'd also like to point out that the. Meditation space requested. Is 12.5 feet by 12.5 feet. This is not a large room. Okay. So. 148. Okay. So. So. So. So. [transcription gap]

so. These plans, the plans were submitted to the Sforzas last Thursday, I believe. And then through further development over the weekend, we completed additional elevations that were submitted as part of our overall presentation, which we don't have all of those tonight, but I believe you have the drawings if they want to see them. Yes, I have physical copies, yes. Those were sent to the Sforzas on Tuesday. Between our office and the owner, we contacted the Sforzas via email on February 3rd, February 11th, and the 5th. Calls were placed to Mr. Sforza on the 9th and the 11th. We have not heard of any objection from the Sforzas, and we haven't heard from them since the owner spoke to them over the weekend. So at this point in time, we might be able to get some feedback from the Sforzas. We must only assume that they are in agreement with these proposed changes. At this point in time, I'd like to introduce the owner for 120 Louise Court. He'd like to speak on his behalf. His name is Bob Glass, and I will hand over the floor to him.

Did we swear you in the last time? No. No. Okay. So I'm... Please raise your hand. I do solemnly swear to tell the truth, the whole truth, and nothing but the truth, so help me God. Yes, I do. Please state your name and address. I'm just going to ask you to lift the mic up. Yeah. How's that? Better? What's your name and address? I'll do that again. So my name is Robert Glass. I'm the husband of Kathleen Glass, who's listed on this appeal. We own the properties at 114 Louise Court and 120 Louise Court. 120 is the site of this pool. I do not... I was not able to appear at the previous hearing. I heard a number of things that were entered onto the record that I would like to at least set straight, given an opportunity. I won't take a lot of time here, but I'd like to go through it. So there was some question about the use of the space. The term meditation room was challenged on several occasions or questioned. It indeed is a meditation, stretching, and yoga space. To be clear, we're a family of 11. That wasn't well enunciated, but we are eight adults. I have three grown children who are married. We have three grandchildren. The family is still growing. So our children are serious athletes. They do marathons. They surf. They cycle. They like to stretch. And in our house, when we're all together in the summers or the holidays, there is no place to drop a yoga mat. And I know there's a lot of discussion. There's a lot of discussion about where to put yoga mats. We would do it out there. My wife and I also engage in regular exercise. And, you know, we've got tight joints, muscles. We stretch out. We also like the solitude of basically doing some personal meditation. I'll get to why I need to do that at the end of this. Mr. Swartzer did correctly describe that soil, excavated soil from 120 Louise, has been deposited in the area. And it's been deposited on 114 Louise. We intend to return all of that. And anything excess will be removed once the pool construction is complete. But let me be clear. There have been piles of soil on that property since 2012. And when I purchased the property in 2017, there was a moderate pile of soil on this land. So it strikes me as peculiar that this is raised as a major issue. Obviously, it's more visible today than it has been because you can see into the lot. But this is the first I've heard of concern about soil. Let's put it that way. And they should have. They've had the opportunity to complain to the town, but they never have. On our December 19 site visit with the landscaper who was interviewed at the last presentation, we walked the property together. We demonstrated that the source of the sand on the hardscape on the cul-de-sac is a sandy berm located on a vacant lot at the address is 106 Louise Court. It's at that peak. It's at the high point of the cul-de-sac. The Swartz's unfortunately live at the low point of the cul-de-sac or adjacent to it. The sand originates there and runs down. All right. [transcription gap] the hardscape towards their property.

After we talked about that, the very next day, the landscapers seeded that berm, not our property, but we added seed to the berm with winter rye. We hope it germinates in time to make a difference, but we've attempted to mitigate that issue as best we can. There was some discussion about the pool that we were attempting to enlarge it. That pool remains the same as what the ZBA approved some time ago, so we haven't touched the dimensions of the pool. There was a mention that the cabana design could be possibly a commercial building. That's quite a loaded term, meant to perhaps sow a little bit of concern with the ZBA. That's the exact opposite of what we intend to use the property for. We're there for privacy, for sanctuary. We're not trying to create a commercial enterprise.

There was a quote, and I think it appears in this latest letter that came from another neighbor, but I'll quote Mr. Swartz from the transcript. Since 2022, it's been a constant, constant with work at this house. They might have a CO, but they have constantly had people there six days a week. So let me be very clear. We broke ground on this house September 22. We completed construction January 24. Two years, four months to build a very robust house out of concrete, structural steel, glulam beams. All done during a period, if you'll recall, of supply chain constraints and intense demand upon subcontractors who were responding to the renovation boom here on Long Island. We have been hammers down on the house for over a year. Then during a three month period ending in June, we built a significant retaining wall of rebar and concrete running over a hundred linear feet. Our neighbors along the bluff to the Western end should be very happy about that because we've secured a very steep slope. That construction finished eight months ago. So there's been a lot of quietude out there. Yes, we have people coming in and out, performing maintenance work, landscaping, punch list items, but it's essentially over. There's a complete lack of construction work. We're not getting any construction work done. We're just getting head clear. [transcription gap] I've declared that my wife Katie is not sensitive to the sun because she takes long walks every day, rain or shine, winter or summer. If you would review the surveillance videos, essentially she's clothed head to toe in sun protective SPF clothing. She wears a sun hat. She walks at that time because there's a lot of shade in the neighborhood from the mature trees. She avoids the sun as best she can. So I want to conclude because I don't talk about this publicly, but I'm a cancer patient. I am extremely, I mean seriously immunosuppressed. And I actually attend this meeting at some personal risk to myself.

My wife has been a tireless caregiver to me for over 10 years. This house, this proposed pool, the meditation space is very important to me. It's essentially our personal sanctuary. It's a place where we can get out of the urban area of New York where I'm kind of a prisoner in my own condo. And it's a place where we can relax, be with family, friends, enjoy fresh air, nature, and I don't have to wear this thing. So thank you very much.

I'll head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head Because I'd like to refute how the soil from this 106 Lease Court is making it uphill around the cul-de-sac to have all that sand in front of our property. And also, I included how the entrance to his property has all that wood and all that sand underneath. And I also had pictures of all the water runoff from his property there showing how the sand is coming down from that portion. And, you know... And for him to say that we don't have daily traffic coming down into this cul-de-sac, you know, every day. You know, we had some relief maybe April when they announced, oh, we're not going to do the pool this year. So maybe from April until September we had some relief. But if anybody needs solitude, it's my wife and I and my family. Because we have not been able to enjoy our backyard, you know, since 2022, since this thing was proposed. Before I go through the... I'll just note to you, the town code does have certain restrictions regarding operation of equipment and the hours. And if you ever have an issue, you can simply call code enforcement. That's what they're there for. Okay. And also as far as trying to communicate with me. I communicated with Mr. Glass. I was away on the West Coast all week. So we had spoken. I came back. It was a severe sinus infection. I had to go on to antibiotics. So this is the first day that I'm actually feeling better. So if he had called me on Tuesday night and I missed the phone call because I was home sleeping, you know, but at no point did I tell them that I, you know, my objection wasn't, you know, still firm. So when they had approached us recently, initially, to do this proposed area, it was 575 square feet. The enclosed area. The area was 84 square feet. I have no problem with the footprint. The problem is that he went with the, his roofed area was 575 in this enclosed area. So when they submitted, I guess, everything for this, the amendment to what they were previously, the variance that they were approved for, you know, the phone conversation was, oh, do me a favor. Send the board an email that you don't object to this. And I said, well, I'd like to see what you guys are submitting. And then he goes, oh, yeah. Yeah. You're not going to find any substantial difference from the initial proposal. And then I get this thing where, you know, the roofed area is, you know, 1,264 square feet. And then the enclosed area is 475 feet. So when I saw that, I said, you know, this is ridiculous. We allowed, you know, you spoke to us. We said, okay, you know, this is fine, what you're approved for. And now they come up with this new proposal, which I think is still ridiculous, at 902 on the roofed area and 323. Now, they were, they asked for this, the variance. And it stated clearly that they didn't want to ruin their view of the Long Island Sound. They could have had this, the pool, the cabana, the meditation space in their backyard. But they didn't want that because they want the 180-degree view of the Sound. So he didn't want this in his backyard, but he doesn't have a problem with it being in our backyard. So when we're looking out our window, we'll see this large structure over there. And as far as the, another issue that he had brought up. With the, or the runoff. I spoke to him on several occasions. As a gentleman, I spoke to him on several occasions. And on every occasion, I was told, we're going to work on it. We're going to work on it. And, you know, it still hasn't been taken care of. And also, when I went to the building department, I was able to access everything through FOIL requests. Their residence is around 4,100 square feet. That's on the Sound. They have a exercise room in their, in their dwelling. Which is, I believe it's like 27 by 27. If I read the. 25 by 27 is what you said. 25 by 27. If I read the, the plans correctly. He also has two bedrooms next to this exercise room. Which is essentially the same size as this room that he wants to be built. Which has, you know, HVAC. Why does he need an HVAC system in this meditation space? Because he has, you know, plenty of room in this space here in his dwelling. Which is 4,100 square feet. And then he wants to add another 902, you know, or 323, you know, square feet to the, to, you know, this thing in his front yard. Like I said, he doesn't want it in his backyard. But he has no problem with it being in our backyard.

Where is your lot next to his? Which side are you on? So if we're looking at his lot facing a Long Island Sound way to the left. So we're to the west of his lot.

And you're high enough to look into his backyard? From the second floor, we definitely see, you know, into that lot less. We do have a partial view of the Long Island Sound from our second floor. And it's better, obviously, in the winter when there's no leaves on the trees.

But, you know, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, Covenant and restriction on the property. For rolling woods, you had to have a 2,800 square feet and two stories. So initially, he did put a permit in for a two-story dwelling, and he ended up changing it in the end. So he's good on the square footage, but he was supposed to have a two-story home over there. On his main floor, he has a master bedroom, walk-in closet, laundry room, full bath, office. He has a rear screen porch, a rear-covered wood deck, an outdoor shower, an outdoor kitchen, an outdoor shower, a large slate patio, and he has a patch-to-car carport. In addition to what they want and what they have proposed for their change, there's also room for two people, two cars to park there. So like I said, yes, we have some concerns of what this is going to be used for. Is it going to be used for his friends? It's the same size as a bedroom. Maybe they could stay there for the night. There's another kind of a refrigerator, ice maker, full bath. So we're concerned about that. And as far as maybe they want to bring somebody in to do yoga classes or things, when they proposed that 40 by 40, that was also a consideration there. But now they made it substantially a little bit smaller, but it's still a concern. Especially, like I said, it's the same dimensions as the two bedrooms in their primary residence. When I had submitted that plan last time, I had whited out the entire area. I had to make sure that I had enough space for the whole of that meditation space. So this really doesn't conform to what I did. And that was just something simple that I drew quick. But this will address the . So getting back to the drainage, as I stated previously, every single time there's a torrential downpour or we have a major thunderstorm, we have decisions. We have clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear clear you know I'm not trying we at our own expense actually put in railroad ties and everything between the property lines to which has alleviated a lot of this issues so now I don't you could tell that this is all from water coming from that other spot that the velocity I'm guessing is now causing all our mulch down this is at another point of the driveway another point of the driveway this is in the middle of our driveway that's sand this is puddles in front of our garage that just happens to be the pile again from a different angle just ask you a quick question so this picture is taken from where from the street so if you're on the cul-de-sac making the turn around the cul-de-sac on the Lee's Court that's what you view that's at 114 so that's that's on the east side correct your house is on the west side so the streets in between this is your backyard no so we're actually if the cul-de-sac is here and 114 is here well what a letter right there okay so we're right next to one another so we're right next to one another so we're right next to one another you know and all I've asked you know this whole time I said you know Bob you know the water every time we have a torrential downpour a thunderstorm I'm having issues with you know but like I said it's my feeling is since we didn't have any prior prior issues until that mound was there that as soon as the mound is gone it was going to alleviate a lot of the issues this is another after another storm and it's all in the same spot like I said since we put all the railroad ties up it's alleviated the problem considerably you

and you can see how the water is point there too and that's so that's my driveway and that line goes the driveway is sort of north-south like I said after every major rainstorm whether I'm away and I got a call from my kids say you know all the mulches down the driveway after after after after after after after after after after after after after after I'm really sorry that they have issues with cancer and everything in their family. I lost my sister-in-law in April to cancer. I lost my brother-in-law in November to cancer. I lost my mother to cancer. Both my in-laws have cancer. But, you know, I don't understand why this meditation room, when they have that big space at their regular residence, needs to be approved. Your chief concern is the erosion effect, correct? Yes. But also now, you know, if he's allowed to do this amendment to his approval, this is going to be something that's going to be an eyesore. We're waiting to see it now. And it's going to affect, you know, maybe something to do with our property value. You know, what if he decides to move later? We're on, you know. And what are the new residents going to do when they get there?

This is just showing sands. Again, sands. As you're looking at those photographs, which, like? So that's looking north now. That's looking north? Yes. So the structure that they want to build in the front yard in this photograph, would it be to the right? Or to the left? It would be to the right. It would be to the right. Mm-hmm. Is there any, do you have any evergreens or anything there as far as trees that would, you know, block the view of what they're building? I have a whole row of evergreens, but we also have a shed in the back. And like I said, their structure is going to be located, you know, on the back, you know, to the, it'll be, if our shed is here, they're going to be to the northeast of it. Is your lot the same level as those elevations? Okay. [transcription gap] I don't know. The way I remember it, that lot next door, your lot is lower than his lot. Is that correct? It depends on what point. His 120 goes down in the back. 114 is higher than ours to the east. And then 120 is lower to the north. I just want to clear up something. If you walk out of the front of your house. Uh-huh. I understand that they live, if you're walking out your front door, they live to your left. Right? Right. So they want to build this thing in their front yard. Right? So when you walk out and you look, walk out your front door and look to the left, can you see? Well, that's going to, that's one point. Wait, wait, wait, wait. Wait, wait, wait. Can you see what they're proposing to build? Or are you looking at a wall of trees? So to explain a little bit better, let's say this is 114, this is 120. Right. And this is our home at 111. Right. So if we walked out. The front of our house, we have evergreens and then we get to the edge of the driveway, we see, you know, the 114 and that mound of sand. The 120 is over here. So if we're on our back porch, if we're looking out our windows in the back kitchen, all the second floor, we could see into 120 from our second floor. And like I said, on the deck and all that stuff. On the deck on the first floor or the second floor? First floor. The first floor. The first floor. But all the bedrooms on the second floor? Second floor. [transcription gap] Second floor. [transcription gap] Second floor. [transcription gap] when this is a secondary home would it make you more happy if they put up a big giant wall of evergreen so you can see what they're building even with uh... even with the green giants as they get taller they thin out a little bit so you could put emeralds and things that stay thick ah the deer will get rid of the emeralds pretty quick so like i said we don't have the footprint is not without getting into a debate about what tree we put there would it make you happy if you couldn't see it but like i said you know they went from eighty four square feet of an enclosed area to three hundred twenty three that's considerably bigger when they had the the cabana portion already and our ! thing was initially you know let's get rid of this meditation room we don't have a problem with the cabana and everything else that was previously approved i don't know if you want me to show all the pictures are essentially the same as showing the uh... why don't you just highlight a few since all the members did go through all the photos if the dirt was removed let's just pretend the dirt wasn't there for a second so you head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head just asking you know I think it's we've looked at it and and the the physical looking at it isn't the issue it's this runoff that we're getting like I said you know from the street let me see if I get the other pictures what if we asked him to put a drain in or some kind of buffer and stop the water from going on your well I had asked that would that make you happy so I had asked them prior to the late about forget about what you asked them yeah it's me talking to you would that make you happy yes I had asked them to give me plans for the drainage I said anything that you're going to do with drainage because we had spoken about it and you know but what he says and what they do it to accept the things that's why I said if you send me some plans on what the drainage is going to be you know the drainage for the driveway going in the drainage for you know this area here this is another thing through that we've dealt with so if there was a problem with the drainage we would have to go to the !

see how the water and all the sands so I'm to you're looking at that head on to the left of that this is all the sand in front of his house over there this is the water and sand that accumulates in front of my mailbox this is the highway department indicating an arrow on my driveway this is the same head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head when they came the highway department drew an arrow until I finally called the highway department and the assistant superintendent spoke to whoever did it said telling them you don't need to do a white arrow on his driveway anymore we could see where the you know the drains you know are headed I'm sorry that indicate that indicates the direction of the drains so yeah there's a couple of like drains I guess I called the sack I would put that when the development was first though

we'd like to be heard again just

judging when we get I'm reading it I just all right we want to be heard again with that do you have anything else I think I cover all that cover thank you thank you again I yep so so first we're going to set the record straight on exactly where mr. stores across this this is an aerial view of the neighborhood with the young and young survey I'll turn it around

left sound right with with the young and young survey over overlaid on it you'll see here that the proposed pool cabana was already set back an additional hundred feet from the addition from the 40 feet for an accessory structure in the front yard that structure is two hundred and seventy seven feet feet additional beyond the hundred and one four hundred and forty one feet from the cul-de-sac this lot here is also owned by the glass family this lot here is this forces home right here from the corner of this forces house to the corner of the proposed structure is 345 feet this is in a substantial distance and is blocked by the Arborvitae Road that this forces have have mentioned previously also entered into record and dropped off to you guys prior to this meeting is a report drawn up by Young and Young and Associates by Doug Adams, who has been to the site and analyzed and taken a look at the site and the drainage on the site. He does not see any of the water coming from the Sforza's property.

These are the photos that Mr. Sforza entered in the record earlier this evening. I don't want to stop you. Is this part of the property, too? No, no, no, no. You can see where the line of the property is. It's on the survey accurate? Yes. This is the line of 120 here. And then I believe it's 114 is here, and it has a flag that goes back out to the ocean. So this is part of this place property here? There is another lot that's set back behind here. Another vacant lot? Yes, correct. And this here, adjacent to the Sforza's property here, is not the glasses flag, but that other property's flag to arrive to it. 34 Waterview Court. Is that what it is? Yes. I think it's on the survey that you submitted its lot to. So there is another flag between the glasses flag and the Sforza's property. And then this is the Sforza's property. This here is, I'm going to flip this back over, is a historical photo, the other way, of the cul-de-sac prior to any of our construction. And as you can see, the curb cut there for that other flag is, is the Sforza's property. And this is the Sforza's property. This is the headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet headlet property and the glass flag would run parallel to that where you can see all of that vegetation. What is it that the date of that photo? I believe that must be the spores. So that's where the hay bales are. Let's go back and look at the photo. What was the date of that photo? January 2013. Pop that back one second. So this is... Do you mind one second? Yeah, sure. That's the spores. Sorry? I want to ask Mr. Spores something. Wouldn't that entranceway to the flag lot be more of a problem for water going on your driveway than the other lot that seems to be further away? So that flag lot, the same people that own 34 Waterview own that flag lot. 117 Louise Court. Correct. So 117 also owns 34. And believe it or not, those hay bales were put there by the builder. We went to closing and at the end of December he had extra bales left over from the fall and so he left them there. So they were gotten rid of soon after that. I guess my question to you is though. It seems like to me, just looking at this photograph, if there was a big rainstorm, it would be more likely that water and sand and dirt and overflow and runoff would be coming from that entranceway to that flag lot that we see in the picture because it's immediately adjacent to your driveway rather than this other lot that we're talking about with the dirt on it that's much further away. I agree with you. Is that a reasonable... I agree with you. ...interpretation of this photograph? But my feeling is that the velocity when it hits the flag lot, it's going to be a lot faster than the other lot. I agree with you. Is that a reasonable... But my feeling is that there's a big mound which is graded towards the property is causing... No, that's a pre-existing mound of data January 2013. Yes, but before the builder sold that he leveled everything out. No, that has been there when the owners purchased the property. Is that mound, is that the mound that we see in the old photograph of the dirt? Is that where it is? There's been additional excavation from 120 moved to 117. Not that exact. not that exactly now we can have three people for the same time please not see that now that there's a temporarily there it is there that not that round has been there since 2013 not that now it's a dirt that we're seeing in the new pictures that he said yes there is yes yeah that mound is in the picture now it's further back and to the right correct how much further are the last for the best what's I think you might be able to see it through the through the image actually this is before there you go talk that's that found there and the mound that the excavation that we have a city back here so you head head head head head head head head head head head head head head head head head head head [transcription gap] head head head head head head head head head head head head head head head head driveway has has drive walls installed to be tied in when the driveway driveway is complete and all of the roof for the pool cabana is designed to be piped to dry was so we're actually containing more water by developing these sites than we are if we had left them undeveloped can you using this diagram the mound of soil we saw in the previous photo yeah but can you point to where that is it's roughly back in here I mean how far away would you say that is from his driveway well if we zoom out we can go we can look at like say here's my fingers here I'll go this way so I can go with my left hand that's a hundred and forty one so we're we're at least two two hundred feet from there and if you were to look at the drawings that we submitted on the site plan our site plan you'll see that there's a swale between us and the the the the flags so that water has to travel downhill and then travel back uphill and cross the neighbor's flag before it reaches the spores is a lot I have a few more photographs that I'd like to enter relative to the first one that I showed you so I'll head head head head head head head head head head head head head and just make sure that you're gonna provide the zoning board with copies so we can leave everything for you to be white so this was what we were looking at previously and then this is I just want to add something what mr. Sforza would it make you happier if they put some kind of temporary fence in made out of fabric that holds water back we until they were like until they remove the dirt if that's gonna leave you know help alleviate it yeah something that would hold the water back as they make fabric fences that hold water silt fence I didn't you I didn't know the word Thank You Emory silt fences currently we have core locks already installed you so you have full head clear head clear head clear What does that mean? It's a roll that stops the erosion from occurring, and there's a silt fence in place already. All of that is in place on our property. Is there a silt fence there? There's a black, I guess, thing across. There's a fence over there. That's silt fencing.

Can I ask you just back on the main picture of the lodge? Sure. Just so I understand this. So can you flip that over? It's upside down. 120, which is where the lot has the material on it, is basically the flag lot that changes in different sizes. Is that correct? 120 is the flag that goes back to the back lot, and I believe it's 114 is the front lot, which has the flag that goes back to that. Okay. And the lot that goes to the back, that's not owned by the Hamiltons. Well, I'm Hamilton. I'm sorry. Yes. Both the glass on this lot and lot four, they own front and back. So they essentially utilized, the builder utilized this upper corner here as a staging area for the... the temporary excavation that's being brought back to the lot. And the lot in between is an actual building lot? There is no lot in between these two. They're basically contiguous. Well, what is the flag lot in between? So there's another flag here that runs back and sets back in here. Okay. So the lot itself is... Let me see. I'm going to do it on mine, but you can see the same way. The lot is this entirety here. You're using two... Yes, that's 114. This is 114. Yes. It continues all the way through here. I think he's referring to this. So, yes. This lot up here also includes a narrow flag that goes back, and basically this is all gully. This is all... This is all... You know, it falls off all the way down to the center. And then on the other side of that flag lot, what I'm trying to get to is this lot right here. That's some other person's neighbor on the other side. That's the lot that has the closest exposure to the pool. Yes, and that's the lot that we have the retaining wall that we've shored up their land. They're not here tonight. Okay. They've been notified of all of this. You know, they've been notified twice for all of these meetings. And we've had no complaints from that neighbor. And they probably come off Dolphin Way then. Yes. As opposed to coming off of Reese Court. Yes. Okay.

So, I think Mr. Glass would like to speak one last time, if that's okay with the board. Also, I have a photograph clearly showing the house as a two-story structure, if you'd like to see that. Well, it's a one-story with a basement walkout. It's a pretty big house. It's a two-story. [transcription gap] Ma'am, unless you're on the road, please don't. You want to say something? Go with me. Okay. Please. Mr. Glass.

While those storm photos weren't date-stamped, I'm assuming they're coming from the large deluge we experienced over the summer, the big storm. Is that correct? No. Those were over there since 2022. They're the current. 2025. Okay. Those were several different episodes. If I can note, I've got weather precipitation records for the last five years. And essentially, there have been seven events where we've had more than two inches of rain in a 24-hour span. And this is tracked by NOAA National Weather Service out of West Hampton, which is their nearest center, but I used that as a proxy for this. And I think that's part of Long Island. It's close. Let's call it that. Point is, am I responsible to collect all the water that possibly can move downhill to infiltrate the Swartz's property at the low end of the cul-de-sac on these occasions when it rains excessively? I mean, if everybody had that obligation throughout Long Island, you'd have a line out the door of people complaining about their flooded garage or basement. That stuff happens, particularly if your driveway is not level. It goes downhill in their case, and you don't have effective drainage at the base of your driveway or at the entrance. So I've invested a lot of money, and I will continue to do so in mitigating runoff on my property. That's in the plans once we get the pool, and I'll get the pool constructed. It would be nice to finish that up, and we'll landscape and we'll put the dry wells in that are proposed. But I look to my neighbors for, you know, what have they done to mitigate the problems on their property. And really, it's some railroad ties. And that's helping to keep soil in place, but it's not necessarily solving the issue of water entering their driveway, or permeating. So. And that's the reason why I'm here today. And I'm here today to talk about the

the

[transcription gap] the the the just ask this question we're looking the issue resides on a different lot than what we're asking for here we're spending an awful lot of time discussing stormwater runoff but at the end of the day it has nothing to do with at least from I can see what we're being asked to deal with here correct I have one question you probably address this one of maybe the first time you guys were here sure what's puzzling me is you had a variance you were going forward things were moving forward you got your work done what was the significant trigger to now to come back and ask for another variance I understand the reason it's a fair question I think you know enough time elapsed between the design of the property getting the permits getting underway polishing it off and actually this pool has been subject to delay that I think we learned that you know when we're all together as a family there's no place to stretch out like this so yes we can all stay in our house we enjoy ourselves we like being together but as far as my wife and I seeking some comfort and peace we don't have that and also we realize that the pool given we had never spent the summers out there the heat humidity the sunlight we enjoy having the roof over head and we wanted some we've got now grandchildren which weren't really thinking we're alive when we first planned this now we have grandkids that are going to be at the pool they're going to be in and out they want to be inside sometimes if it's windy or cold or whatever but they're they're going to be living and cavorting out there and we just need more indoor outdoor space so it's meditation yoga a little bit of a accommodating family that wants to move inside of us particularly hot okay one other quick question for you you have an outdoor shower and then you have an indoor shower we no longer have the outdoor shower so really the way to view that bathroom is its indoor outdoor it's accessed both ways it's really intended for anyone that's at the pool and we anticipate you know parents with young children out there you know and they're when nature strikes kids need to go to the bathroom they can't run back to the house and you know clean their feet off and stuff before they enter the house and get down to a bathroom they're gonna want to go then and there so that's why we need the bathroom and we've got a shower also to clean up if someone's been running and then wants to sweat you know stretch out there okay happy answer anything else yeah it's gonna make sure sure wait a minute wait a minute you come in to testify ma'am or say anything okay well welcome so as far as outdoor spaces in the main residence they have a 230 square foot screen porch the decks are 1425 square feet then they also have the 425 square foot patio now these are all located on the Long Island Sound so I understand that there's a need for the space but it sounds like there's plenty of room behind their house looking at the Long Island Sound you know which was their intention with not putting this in there putting it in the front yard I want to ask you something now we have to see in these aerial diagrams and and we did a little estimate there can you it seems like it's pretty far away can you see this structure that they build it in the front yard a lot of trees a lot of distance so over here there's no Arbor Valley so unfortunately I do have a lot of trees and I don't have a lot of trees so unfortunately I do have a lot of trees and I don't have a lot of trees and I don't have a lot of trees so over here there's no Arbor Valley so over here there's no Arbor Valley so over here there's no clear shot so you you know the back I've already boy but this this is a this clear shot so you you know the back I've already boy but this this is a this is a view before he's finished I've already boy but this this is a this is a this is a view before he's finished the excavation and the installation is a this is a this is a view before he's finished the excavation and the installation of this whole pool in Cabana and I'm sure there's landscaping that's going to go in. So, like, once he finishes all that, are you actually going to be able to even see this thing that we're talking about? We won't know until he installs some landscaping. Okay. Well, that's not what bothers you. It's the erosion, right? It bothers you not with the views, right? Well, the erosion and the runoff has been there since he excavated the property at 120 that he has at 114. And like I said, he's been telling me for a long time now that he's going to be removing that and that all the problems are going to be alleviated. But whether you can see it or not see it, I didn't think that was the crux of your problem. No, seeing the large structure of that, because he was already approved with the first variance, and then they came in and they wanted to do that substantial increase in it, and now they've pulled back. What I was saying is before, when I asked you directly, erosion was the problem. Now it's, you know, like the way it looks either. Oh, we've been speaking about it. 114 and the erosion and the runoff, yes. But this is also, you know, I also spoke about the size of the structure that he's going to do in his front yard. So it's really twofold. May I interject? Yes, sure. This is from the street. This is 400 feet. That's like a football field in a third. It's like one and a half city blocks in New York. I mean, it is not visible. It's not visible from his backyard. I can't see his backyard from there. And in the summer, and this is in the winter with no leaves, with the foliage, you know, with our trees fully leafed out, there's no visual, there's no ability to see that because it actually sits down behind a little bit of elevation and mature trees planted there. It's impossible to view. He'd have to be up on his rooftop. Okay. I think we've heard enough here. Okay. Thank you. Get to some kind of conclusion, but. We do have people on Zoom. I don't know if they wanted to speak. Who? There are two people on Zoom. Did you want to speak on this appeal? No. Okay. [transcription gap] Good. So I suggest we make a reserved decision for February. I believe it's February 27th. I believe. Am I correct? That'd be correct. All right. So moved. Second. All in favor? Aye. Good. We'll look at it real hard. Have faith. Thank you. I just wanted to note we didn't receive the minutes yet, so we will push those out. Okay. Sorry. I just want to confirm. We can leave all of that. All of it. Yeah. I'll help you organize them when we leave. Okay. Great. Thank you. All right. Heather, what else do we have to do here? So we haven't yet received the minutes from the January 23rd meeting, so we can just push those out to the next meeting. Okay. Okay. Is that all? That's all for me. Can we have an adjournment then? So made. All in favor? Aye. Aye. Thank you. Thank you, everyone. Have a good night. Good night. Drive safe.

Good night. Good night. Thank you.