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Thank you. Thank you. Do the pledge of allegiance, please.

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. Okay. Okay, the first thing up, we have a reserved decision. So this is for Appeal No. 2020. Appeal No. 2020-033, Kathleen Glass, 120 Louise Court, Riverhead, Suffolk County Tax Map No. 600-17-1-8.3, R-840 zoning for proposed pool house accessory structure, trellis and in-ground pool and front yard. Applicant requests variances and or relief from Chapter 301-9A1A, where proposed pool, trellis and cabana are located in the front yard, not permitted. This was reopened due to a change in the nature of relief, change in size. All members of the pool cabana. Mr. Chairman, the rest of the board. This board makes the following findings of fact and grants the above-mentioned amendment, in part with conditions. The accessory structure located within the front yard to wit roofed-over pavilion with refrigerator, sink and sitting area, and enclosed mediation space with bathroom shall be for seasonal use and not improved with A, a positive heating supply to the structure, or converted area. B, energy conservation measures such as insulation to protect from heat loss. Or C, a potable year-round water supply which is protected from freezing. Or if water is supplied on a year-round basis. Should the property owner have the desire to convert the enclosed area into a habitable space, accessory apartment, the requisite permits and approvals pursuant to Chapter 105 shall apply. In addition, the mediation space shall remain open with the exception of the bathroom, and no walls may be constructed to partition any space within the structure, shall not be further expanded, nor shall structure be improved with kitchen facilities or laundry facilities, including but not limited to cooking appliances, range, stove, cooktop, microwave, refrigerator, cabinets, and other facilities. The kitchen sink, washing machine, or dryer, except the pool pavilion may be improved with a sink and refrigerator proposed and made part of this application. Roofed-over pavilion shall remain open and shall not be enclosed, with the exception of the mediation space. And the accessory structure located within the front yard to wit, roofed-over pavilion with refrigerator, sink and sitting area, and enclosed mediation space with bathroom shall not be included. The building inspector shall not be used for overnight sleeping accommodations, nor shall either be offered for use, be it gift, license, or lease, for overnight accommodations, recreational, or special events, or operation of a business, and instead, same as limited to use as accessory to the single family residence. Applications shall be required to maintain all stormwater on site. The building inspector shall determine the appropriateness of a requirement, for the SWPPP or erosion control plan, to ensure stormwater is being managed and maintained on site, and determined if such other approvals related to Town Code Chapter 229, excavation and grading have been or are adequately addressed during building permit process. Second. All right. Moved and seconded. Second. All right. Moved and seconded. Seconded. [transcription gap] Second. [transcription gap] Second. and good luck. Thank you. Whoever's here. Thank you.

Okay. Next, we have appeal number 2024-038, Claude Maselli, 99 Cliff Road East, Wading River, Suffolk County Tax Number 600-27-3-25, Residence B80 Zoning for As-Built Addition to Residence, Applicant Request Variances and Relief from Chapter 301-31, where impervious surface coverage is 43.4% and the maximum allowed is 15%. This was adjourned from January 23, 2025 to correct appeal documents. Do you have your board? Yep. Raise your right hand. Do you sound or swear? Tell the truth, the whole truth, nothing but the truth, so help you God. I do. Please state your name and address. Justin Phillips, NYCD Group, 270 Spagnoli Road, Suite 210, Melville, New York, 11747. Go right ahead. Thank you. Good evening. Again, my name is Justin Phillips. I'm here this evening representing Mr. Claude Maselli, owner of 99 Cliff Road East, Wading River. We're here this evening to request the variance from the Town Zoning Ordinance, Chapter 301-31, to maintain the existing impervious surface coverage of 43.4%, where the maximum allowable is 15%. Mr. Maselli purchased the property in March of 2018 and appeared before this Board in January 2019 for variance approval. To clear this 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

At the time of the 2019 hearing, the property was not in compliance with the allowable maximum impervious surface coverage, nor was it at the time of the town's rezoning of the area in 2004. I reference this only to explain that the property is a preexisting and nonconforming lot per town zoning ordinance for Zone RB80, as are all of the adjoining properties. The minimum lot area for a parcel in Zone RB80 is 80,000 square feet. The subject property is 6,000 square feet. The existing residence itself covers 16% of the lot, and as such, the residence alone exceeds the zoning ordinance. The undersized lot with the preexisting residence in the RB80 zoning district creates a non-self-imposed undue hardship. The subject property has sufficient permeable area for drainage, and no rainwater will be directed to neighboring properties. The existing pavers have been in place for some time, and my client has not received any complaints from any of the adjoining properties. Additionally, the existing lot coverage is in line with the surrounding properties and is in character with the neighborhood. Lastly, I'd like to note that this board has previously granted similar relief for a neighboring property at 63 Cliff Road East under appeal number 2020-014, where approval was granted for 41.2% of impervious surface coverage. That property is the same lot size and only nine houses away from my client on the same side of Cliff Road East.

The existing soit 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 So there is they are pavers on a sand base and that's used as a seating area when the weather is warm for my client and his wife

Anybody in the audience that would like to dress this grants Mr. Chairman and the rest of the board with respect to appeal number two zero two four dash zero three eight. I Moved at the appeal of Claude. Miss Ellie 99 Cliff Road East waiting River SC TM number six zero zero dash two seven dash three dash two five residents be 80 RB 80 zoning for variances and or relief from the 301 dash three one Where proposed impervious surface coverage is forty three point four percent and the maximum allowed is fifteen percent Be granted in accordance with the applications and sketches with amendments there, too If any as filed with the building inspector second. All right Mr. Barnes Hi, mr. Shutter. I Mr. Gazelle. Oh, hi, and I vote aye So your variance has been Granted and good luck. Thank you. Have a good evening. Take care

Next we have appeal number two zero two five dash zero zero four herb Steiger one thirty one thirty five hidden acres path waiting River Suffolk County tax that number six hundred dash ninety six dash one dash fourteen point two five residents be 80 zoning for a proposed in-ground pool applicant requests variances and or relief from Town Code chapter three zero one dash two nine a one B Where proposed accessory side yard abutting street setback is 18 feet minimum required is 60 feet

Please raise your right hand. I do solemnly swear to tell the truth the whole truth nothing but the truth So help your God. Yes, please state your name and address Andrew Malguin a 713 Main Street Port Jefferson agent Okay So we're requesting a proposed pool in the side yard. It's a corner a lot It's just the optimal Location for this pool for this yard. There are large trees on the in the middle and If the pool was to be relocated to other places, they would have to remove significant amount trees to accommodate and If the board has any questions There is an issue about the shit Would your client be amenable to moving that shit the way it is now it's it's it's out. It's Outside the coat to at least five feet from the the rear property lines. Yes

Is anyone in the audience that would like to speak Alright mr. Chairman with respect to appeal number two over two five There's double up for I moved at the appeal of herb Sativa one three five hidden hidden acres path waiting River SCTM number six hundred there's nine six. There's one dish fourteen point two five residents be 880 are being eight zero zoning for variance and or relief from town code chapter three zero one there's two nine a subdivision one subdivision B We're proposed accessory side yard a budding Street setback is 18 feet With memory quiet is 60 feet be granted subject to the existing shed be located at least five feet From the side and rear property lines as required by the town code chapter three zero one dish two nine eight subdivision one D and to be so reflected on On a final serving and this in accordance with the applications and sketches with amendments there too if any as filed with the building inspector Second all right, mr. Bargain I Portia all right, it's good. Hello. All right, and I vote aye. So your variance has been granted. Good luck. Thank you very much Have a good night, too Good night

Lastly we have appeal number 2024 dash zero three four Fisher Realty Group 940 to 946 West Main Street, Riverhead Suffolk County tax map numbers 600-1 24 dash 3-1 2 3 4 & 5 and 600-1 25-2 dash 5.2 iconic River Community Zoning News District proposed commercial buildings and site alterations applicant request variances and or relief from chapter 301 dash 162 a were proposed floor area ratio is 77.5 percent and maximum permitted is 60 percent chapter 301 dash 162 a were proposed impervious surface coverage is fifty nine point two six percent maximum permitted is 40 percent and chapter 301 dash 162 B were proposed landscaped area is 40.75 percent and the minimum required is 50% This was adjourned from January 23rd 2025 after the receipt of amended plans All right before you begin counseling for the record we indicate as indicated the matter was adjourned from June January 23rd This year as the applicant provided amended plans and the zoning Board of Appeals one of the following one an opportunity to digest and examine the change and two we were awaiting a response to our request to obtain an updated staff report from the planning department While this board did not receive an updated report the entire zoning Board of Appeals did take all the available time to review said plans And a testimony provided and the questions posed at prior hearings with the applicant or any representative or whoever else would like to speak Tonight please feel free to do so but please for the sake of the record don't repeat anything that's already contained in that Record council your appearance good evening Richard Eisenberg Meyer Swazi law firm Garden City, New York. Good evening as a result of guidance from the last hearing in January Our project architect has been in touch with the zoning administrator and has submitted Clarifications and responded to questions from the planning and zoning department and the latest revision Which does not make material changes to the requested? zoning variances the latest revision is dated February 21st 2025 and with the board's permission We would simply like to submit that to have that included in the record as a result of our follow-on discussions with the town office

And we have obviously we have a project architect here If there are any follow-on questions at this time, thank you

Thank you members of the board basically what I did is I put together just a highlighted copy of the site plan that will we hope to proceed with in the continued review with the planning department After the previous meeting as per The attorney for the Zoning Board, which so really worked out well was a good idea to go to the chief zoning official of the town, Mr. Bergman. We sent him a copy of revisions that we incorporated last time. We communicated back and forth by email, and the last email we received was from Mr. Bergman on the 21st of February. This also went to Ms. Prudente as the attorney for the zoning board, and it was referenced Blackman Properties EBA issues confirmed, and it said, Marty, confirming for the group that this accurately reflects our earlier conversation. Thank you, Greg Bergman. Now, the earlier conversation was the result of an email that I sent to him after our previous meeting, which covered the following topics. One, that the landscaped area, and I had mentioned these a few times, just that we wanted clarity for ourselves also after the last meeting. The landscaped covered area over the ramp to the lower level at Building 2 is considered landscaped area and is not included in the impervious area calculation. If you look at Building 2, it's that little yellow highlighted area. I wanted to make sure that that was considered landscaping. And two, the Building 1 interior vehicle ramp is not considered floor area for FAR. The building area is basement. 40,000 minus 3,300 ramp, 36,700. First floor, same exact dimensions. And the second and third floors, both 40,000 for a total building area, one area of 153,400. The Building 2 lower level covered area, Building 2 has an area below that. It cuts in below the first floor for maneuverability in turning into that lower level for vehicles. The lower level covered. The area at cellar vehicle entry is not considered floor area for FAR. The building area is as follows. The first floor, 21,000. Mezzanine, 5,100. Basement, 21,000 square feet minus the 1,300, which is that little indent. At the covered ramp area equals 1,907 for a total building area of 40,700 square feet. The next bullet item I sent to him was that the area of both. All buildings is now 194,100 square feet. Which is the total above. For an FAR of 75.17. Which is actually slightly lower through our process here. From the original appeal, which was 77.5. So that's been reduced a little bit. Also, he had questioned whether we had our parking was in compliance. And on the previous plan. We had. Some of the building one areas omitted for like elevators and stairs. That was a change that was made to the code. Subsequent to our submission. So he pointed that out to me. I did take those areas out and I recalculated the parking calculations. We confirmed that we had to add one additional car for building one. And we had adequate parking in compliance with the code for building two. So with that. We had to add. One car at building one. And if you look at the very front of building one. You'll see that where the five is. Is highlighted in yellow. That's the one space that we had to add. So we added one parking space. And that 200 square foot increase for that parking space. The impervious site. Surface. Will now be. 128,982. Divided by the area of the site. 258,200. Equals. 49.95%. That also is down from the 59.26%. Which was the original request. And finally. Based on the impervious surface calculation. Mirror image of that. The remaining landscaped area of the site will be 129,218. If you divide that by the site area of 258,200. It results in 50.05%. Which negates the required variance. For the 50% landscaping. Those are the areas. Those are the bullet items. That were reviewed with Mr. Bergman. That he refers to in his. Email saying that he was confirming for the group. That this accurately reflects. The conversation. With regard to. The particulars of the property. In terms of the zoning schedule. As they affect the appeal. And on the second page. Just for. The chart. I just. The same chart. First page. I just. Made a copy of that full size. It's a little bit easier to read the numbers. Much easier to read. Yeah it is. That's all we have at this time. Thank you. Okay. Anybody in the audience? So. Mr. Sinluski. Can I ask you one question? So. At the last hearing. Before the zoning board of appeals. You had presented. Amended plans. I provided those. 830. A.m. Friday morning. To Mr. Bergman. With respect to. This plan here. Is it identical. But for the one additional parking space. Correct. Thank you. That is correct. And also. In the previous. And the calculations are updated. That's reflected. Correct. What you just. Yes. And he wanted to verify the parking. We did have the. We did have the emitted area. In building one. For stairs and elevators. We took that out. And only. Resulted in a very minor. Change in the parking. We added the one car for that. Correct. That was the only change. Okay. In response to his. Okay. There's a lot of people. Anybody else? Yes. Is there anyone else. That wishes to speak on this. Application. Variance. Okay. All right. Mr. Chairman. Respectfully. In the matter of appeal. Number. Two. Zero. Two. Four. This. Oh. Two. Four. I make a motion. That the zoning board of appeals. Close the hearing. With reserve decisions. To be given at a future date. To be determined. Upon the completion. Of the sequel. By. By. Of sequel. By. The planning board. As lead agency. Which is required. Before this board. Can take action. That's where we stand. Second. All right. Mr. Barnes. Aye. Mr. Portia. Aye. Gazzillo. Aye. And I vote aye. So. That's where we stand. Next. Thank you. [transcription gap]

Do we have minutes? We do. The minutes from January 23rd. Twenty twenty five. So move. All in favor. Aye. [transcription gap] Chairman. Next meeting date is March 13th. Twenty twenty five. Thank you. All in favor. Aye. [transcription gap] Thank you. Have a good night everyone. Thank you.