Full Transcript

Thank you. Thank you. Thank you, everyone. Welcome to the Zoning Board March 27, 2025 meeting. We'll start with the Pledge of Allegiance.

Pledge of Allegiance. To the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Okay. Before we start the schedule here, I'd just like to announce that it's Heather's birthday today. Yes. Next year she'll be able to vote. Thank you. Happy birthday, Dylan. Thank you for the job you do. Next year you'll be building up the vote. Happy 25th birthday, Heather. Oh, thank you. All right. So you want to start us, Heather? Sure. So we have a couple of extension requests on, the first being Appeal Number 2024-001, Vincent and Thomas Franchini, 196 South Jamesport Avenue in South Jamesport, Suffolk County Taxment Number 600-91-2-2.2, Residence B40 Zoning for a two lot minor subdivision. The relief originally granted on March 14th, 2024, had an expiration date of March 14th, 2025. Per correspondence, the applicant is requesting the first one year extension, thus expiring March 14th of 2026. So moved. Second. Thank you. Second and moved. Mr. Barnes? Aye. Mr. Portia? Aye. Mr. Zawieski? Aye. Mr. Godzillo? Aye. And I vote aye. So that extension has been granted. Heather? Next we have Appeal Number 2023-038, AD Enterprises, 426 West Main Street and 116 Sweezy Avenue in Riverhead, Suffolk County Taxment Number 600-128-2-14.5, this is in the Railroad Avenue Urban Renewal Overlay District, for a proposed mixed-use building. The relief was originally granted on November 9th of 2023, with an expiration date of November 9th, 2024. The applicant did send correspondence to Planning on February 26th of 2025, requesting a one year extension. The correspondence was not forwarded to the ZBA until March 21st of 2025, so they would like the one year extension, thus expiring November 9th of 2025. Thank you. [transcription gap] So moved. Second. Okay. Mr. Barnes. Aye. Mr. Porchetta. Aye. Mr. Lweski. Aye. Mr. Godzillo. Aye. And I vote aye. So that extension has been granted.

All right. Next we have a Reserve Decision. Appeal Number 2024-034, Fisher Realty Group, 940-946 West Main Street in Riverhead, Suffolk County Tax. The ! The zoning board can make their decision. All right. The log form of the decision follows. The essence of which is as follows. Based on the evidence in the record, the parcel history, the Peconic River Community Zoning Use District, and the NYSDEC WSRR Community Area, the Zoning Board of Appeals finds that the revised plans do not support substantial relief needed for the proposed zoning. The zoning board of appeals finds that the revised plans do not support substantial relief needed for the proposed zoning. The zoning board of appeals finds that the revised plans do not support substantial relief. The zoning board of appeals finds that the revised plans do not support substantial relief needed faillant and impervious surface coverage, nor do the proposed buildings demonstrate consistency with Peconic River community zoning. Additionally, the Board has carefully reviewed and considered all of the testimony and evidence submitted in connection with the application as well as the findings as set forth in the order. After this careful review, the Board hereby determines that the benefit of granting the area variance request when balanced against the detriment of granting the area variance request to the health, safety, and welfare of the community hereby denies the application.

Okay. So moved. You second it? I'll second it. Go ahead. Mr. Barnes? Aye. Mr. Portia? Aye. Mr. Zaweski? Aye. Mr. Gazzillo? Aye. And I vote aye. Okay. Read on.

Okay. Labor Ways have to tell me what's the problem with my stomach? Labor Ways stomach problems again. Is the Board ready to move on to public hearings? Sure. Yes. First, we have Appeal Number 2024-026, Maya Fernquist, 55 Jacobs Place, Aquabog, Suffolk County, Tax Number 600-86-4-8, Residence B40 Zoning. This is an amendment request. The applicant requests an amendment to Appeal Number 2024-026, which was granted on September 26 of 2024, where the amended proposed impervious surface coverage is 41% and granted was 39%. The maximum permitted under Town Code Chapter 301-17 is 15%. Sublet's clear. [transcription gap] Sublet's clear. Sublet's clear. [transcription gap] Sublet's clear. Sublet's clear. You're not a lawyer, are you? No. Please raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth to help you die? Yes. Please state your name and address. Maya Fernquist, 55 Jacobs Place in Akerborg. Okay. Go right ahead. Mr. Chairman and the board, good evening. So I was here a few months ago, and I was granted a variance for a pool and a deck, and I am here today to see if I can get approved for a little modification. I need a few more feet on the pool and the deck. So from the previous measurements, 15 by 19, I am today looking for the measurements 21 by 24, because once I started to get into the tech to work with the engineer, it turned out to be a little too small to actually function in the way that we were hoping. So that's why I am. I'm appealing for a little bit of an increased size. Okay. And I have never done this before, so I don't know if there's anything else I need to explain here. Well, you submitted it with the record. You needed CAC and DEC approval for the original submission, and just to confirm, you received approval for the amendments from both of those agencies? Correct, yes.

Is there anyone in the audience that wants to speak on this variance? No. Nobody on Zoom. Mr. Barnes, do you have anything? No, I don't. Okay. Everybody good? Who's got it? Somebody's on the screen. No? No? No, that's the... Okay. All right.

Mr. Chairman and the rest of the board, with respect to appeal number 2024-026, I move that the appeal of... Maha Fernquist, 55 Jacobs Place, Aquebog, SCTM number 600-86-4-8, Residence B40, RB40 Zoning, for amendment to appeal number 2024-026, granted on September 26, 2024, where amended proposed impervious surface coverage proposed is 41%, granted impervious surface coverage was 39%, and the... and maximum permitted under Town Code Chapter 301-17 is 15%, be granted in accordance with the applications and sketches with amendments thereto, if any, as filed with the building inspector. Second. Okay. Moved and seconded. Mr. Barnes. Aye. Mr. Forsha. Aye. Mr. Zaweski. Aye. Mr. Gazzella. Aye. And I vote. Aye. So your variance has been granted. Good luck. Thank you so much. Take care. Good night. I appreciate it. Thank you.

Okay. Next, we have appeal number 2025-007, VOLA Operating LI Corp., 4129 Middle Country Road, Calverton, Suffolk County, tax amount numbers 98-1-7 and 8, Calverton Industrial Zoning, for proposed canopies over existing fuel pumps. The applicant requests, and or relief from Town Code Chapter 301-123A, where the proposed front yard setback to the canopy is 28.9 feet, and the minimum required front yard setback is 100 feet. Okay. Good evening. For the applicant, Matthew Ingber, from the law firm of Brown & Altman, LLP, 538 Broad Hollow Road, Suite 301, Melville, New York. With me tonight is Nicholas Buscemi, P.E., the project manager for the town, and the project engineer from High Point Engineering. He is available to address any questions that the board or the public may have on the application. How do you spell your last name? Me? Oh. I-N-G, B as in boy, E-R. Thank you. So we are here tonight for VOLA's variance application to add fueling canopies over the existing fuel pumps at the gasoline station located at 4129 Middle Country Road in Calverton. All right. So, by way of background and based on a review of available town records, the property has been used as a gasoline station for at least 60 years. There's also a single family dwelling at the property, which likewise benefits from a letter of preexisting use. So not including the single family dwelling at the property, the site is currently improved with a gasoline station, which includes a convenience store and two separate gas stations. The same system is head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head variance to allow the canopies to be located 28.9 feet from Middle Country Road where a 100-foot setback is required. The property has a longstanding use for a gasoline station. Adding the canopies will not change the historic use of the property or be a detriment to any surrounding properties. No additional fueling positions are proposed, and the location of the fuel pumps will not be changed. It should be noted, and as can be better seen on the color site plan rendering that's displayed on the monitor, the applicant will be providing significant aesthetic and safety improvements for the property. Under the existing conditions, there's no curb along Middle Country Road, so vehicles could enter and exit the property really along the entire property frontage. As clearly shown on the site plan rendering, the applicant will not be able to enter and exit the property. The applicant will be providing three 30-foot wide formalized curb cuts and a five-foot sidewalk along Middle Country Road, which will enhance the overall safety at the property. In addition, the site along its frontage is just a sea of asphalt. Much needed landscaping, as shown on all the green space on the monitor, will be provided, which will improve the property's appearance as well as improve the overall aesthetics of the property. The same system should be applied to other soit headstones, so headstones should be arranged accordingly so headstones should be arranged accordingly so headstones should be arranged accordingly so headstones should be arranged accordingly so headstones should [transcription gap] be arranged accordingly so headstones should be arranged accordingly so headstones should ANY QUESTIONS THAT THE BOARD OR THE PUBLIC MAY HAVE. OKAY. ANYONE HAVE ANY QUESTIONS? IF I MAY, MR. CHAIRMAN. SURE, ABSOLUTELY. JOE, THE CURB CUT ALL THE WAY TO THE WEST. SURE. IS THAT LOCATED ON THE SAME PARCEL AS THE GAS TANKS AND THE STORE? I'LL HAVE MY PROJECT ENGINEER JUST ADDRESS THE SITE QUESTIONS. EXCUSE ME, WE HAVE TO SWEAR YOU. YOU SWEAR TO TELL THE TRUTH, TELL THE TRUTH, AND THAT'S THE TRUTH. I HOPE YOU GOT IT. I DO. PLEASE STATE YOUR NAME AND ADDRESS. NICHOLAS BESHEMI, P.E., FROM THE OFFICE OF FIVE POINT ENGINEERING, WITH AN OFFICE LOCATED AT 1860 WALLEMEN ROAD, SUITE 600, MILLVILLE, NEW YORK, 11747. THANK YOU, NICHOLAS. SO THE, THE, LET'S SEE, CAN YOU SEE IT UP THERE? DO YOU SEE THE DASHED LINE THAT'S JUST BEHIND THE STORE? YES. OKAY. SO THAT'S THE PROPERTY LINE. IT GOES TO THE WEST OF THE CANOPY. SO THAT'S THE PROPERTY LINE. THEY'RE UNDER THE SAME ENTITY AND THE SAME OWNERSHIP, BUT IT IS TECHNICALLY A DIFFERENT TAX LINE. SO IF THE JOINING BOARD OF APPEALS WAS TO GIVE A RECOMMENDATION TO THE PLANNING BOARD THAT THERE BE A CROSS ACCESS EASEMENT, WOULD THERE BE AN OBJECTION TO THAT? YEAH. SO WE NOTED THAT COMMENT IN MR. BERKMAN'S STAFF REPORT. THE IDEA OF IT TO ALLOW BUSINESSES TO GO TO THE SAME PLACE IS NOT OBJECTIONABLE. YOU CAN CONFIRM THAT WITH THE COUNCIL, WITH THE ZBA. SINCE THE PROPERTIES HAVE COMMON OWNERSHIP, YOU CAN'T HAVE AN EASEMENT BETWEEN THE SAME PERSON. I'M NOT SURE IF A DECLARATION THAT THERE WOULD BE PROVIDED IF THE PROPERTIES CHANGE OWNERSHIP, THAT THERE WOULD BE A DECLARATION THAT THERE WOULD BE CROSS ACCESS, THAT WOULD BE ACCEPTABLE, BUT JUST A CROSS ACCESS EASEMENT JUST WOULDN'T WORK. THAT WOULD BE THE PURPOSE. YEAH. AND INTEND THAT IF THE PROPERTY EVER CHANGED, OWNERSHIP AND CROSS ACCESS EASEMENT WOULD APPLY TO THE IMPROVEMENTS MADE TO THE OTHER PROPERTY. RIGHT. AND THAT MAKES SENSE. I HAVE ANOTHER QUESTION. ARE YOU INTENDING ON SPRINKLERING THE CANOPIES? OH, SURE. I CAN'T STILL HAVE MY ENGINEER ANSWER IT, BUT THE ANSWER IS YES. THE SHORT ANSWER IS YES. WE'RE REQUIRED BY THE TOWN. I'M NOT GOING TO GIVE A LONG ANSWER. OKAY. SO YES, TO ANSWER THE QUESTION IS THEY WILL. ALL RIGHT. THERE IS A LITTLE BIT OF A LONG ANSWER. SO THE DIESEL CANOPY, DIESEL DOESN'T REQUIRE FIRE SUPPRESSION SYSTEMS, SO THE GASOLINE CANOPY DOES REQUIRE IT. THAT WILL BE INCLUDED. THE REASON WHY DIESEL CANOPIES DON'T IS DIESEL DOESN'T COMBUST. SO THE POINT OF THE FIRE SUPPRESSION SYSTEMS IS ACTUALLY TO PUT OUT FLAMES ON THE GROUND, BUT THE DIESEL DOESN'T COMBUST FROM FLAMMOBLE. IT'S A FIRE SUPPRESSION SYSTEM. IT'S NOT FLAMMOBLE. IT'S A COMPRESSIVE REACTION. OKAY. AND IN THIS DIAGRAM, THE CANOPIES ARE SHOWN IN THE LIGHT BEIGE, CORRECT? CORRECT. SO THE 24 BY 24 OVER THE WESTERLY ONE, AND I BELIEVE IT IS 24 BY 88 OVER THE EASTERLY ONE, CORRECT. ANYONE HAVE ANY QUESTIONS HERE? ANYONE IN THE AUDIENCE THAT WOULD LIKE TO SPEAK ON THIS? SOMEBODY WAS ON ZOOM. SOMEBODY WAS OUT THERE. IS SOMEONE ON ZOOM, HILLARY? NO. WE HAVE LEROY AND I THINK MARTY SEMLUSKI ON ZOOM, BUT NO ONE, HE DOESN'T HAVE HIS HAND RAISED FOR COMMENT ON THIS APPLICATION. OKAY. LET'S GO. LET'S READ IT, WHOEVER. OKAY. MR. CHAIRMAN AND THE REST OF THE BOARD, WITH RESPECT TO APPEAL NUMBER 2025-007, I MOVED AT THE APPEAL OF BOLA OPERATING LI CORPS. 41-29 MIDDLE COUNTRY ROAD, CALVERTON. SCTM NUMBER 600-98-1-7-N8, CALVERTON INDUSTRIAL CI ZONING FOR VARIANCES AND OR RELIEF FROM TOWN CODE 301-123A, WHERE THE PROPOSED FRONT YARD SETBACK TO THE CANOPY IS 28.9 FEET, WHERE THE MINIMUM REQUIRED FRONT YARD SETBACK IS 100 FEET, AND THE PROPOSED RELIEF IS 100 FEET. 29.5-U.U. 29.5-U. [transcription gap] changes. In accordance with the applications and sketches, this is being granted in accordance with the applications and sketches with amendments thereto, if any, as filed with the building inspector. So moved. Second. Second. Moved and seconded. Mr. Barnes? Aye. Mr. Forshaw? Aye. Mr. Zawieski? Aye. Mr. Gadzala? Aye. And I vote aye. So your variance has been granted and good luck. Thank you. Good job. Good night. Good night. Happy birthday, Heather. Oh, thank you. Okay. And lastly, we have appeal number 2025-009 for Riverhead Free Library, 330 Court Street, Riverhead, Suffolk County tax map number 600-128-2-21.3, downtown center three zoning for an animated display board. The applicant request variance is $1,000. The applicant has received a free copy of the ! Please raise your right hand. Do you solemnly swear to tell the truth, nothing but the truth, so I have to talk? I do. Please state your name and address. Yes. My name is Arthur Rast. I represent Sendliski Architects. That's representing the owner. And we have offices at 215 Roanoke Avenue, Riverhead, New York. Can you just move the mic a little bit closer or higher? Yeah, that's good. Is that good? Yeah. Okay. Thank you. Thank you. Do you want me to repeat what I said or is that okay? No, sir. So, good evening, board. We're here tonight in order to gain a variance, an approved variance for an animated display board sign that's part of a current building permit that's active. The project includes a new and updated display board sign. And it's a new and updated display board sign. It's a new and updated display board sign. It's a new entryway off of Court Street, which is in conjunction with a DRA-funded and granted project that's providing a new entryway, a pedestrian entrance off of Court Street for the library, which will lead to a new welcome center that's going to basically serve the community and only the function of the library offers some educational standpoint and such. Thank you. Thank you. So, the proposed sign itself, minus the variance, meets all requirements in terms of the size of a sign and location. And with that, I would say the caveat to that is when we did go to planning board for approval of this project, the preexisting non-conforming sign that was currently there, which was grandfathered in when we proposed this sign, we basically put in there that we would not encroach any further on the system's physical physical physical physical physical physical physical we would say is that the library serves a very similar function when it comes to a school or a specialty district. That there's a couple of different instances in town that where those institutions do have these kind of signs and they do, they are there to serve the community and, you know, all those type of things. The intent of the sign wouldn't be for any kind of advertising or anything, you know, from a monetary perspective in that sense, it really would be just for, you know, community events and kind of, what's the word I would be looking for? Wayfinding, if you want to think of it that way. I don't know if there's really much else I can really comment on otherwise, but I would be more than willing to answer any questions you have and open up any public comment.

Can you feel where the sign is placed, now placed? That's the best place for visibility as far as people seeing it? Yes, we believe so. The original sign was actually pretty much in the location of where the entry pergola that we have that's proposed is and that was further down east of Court Street and further away from the centralized intersection of Main Street and Court Street. So really it's in a better spot with regards to visibility and everyone in the community. So that's what I would say. Okay, anyone else? Anyone in the audience that would like to speak on this? So when you referenced similar signs, were you referring to the high school and the fire department?

That's correct. And we're aware that they're specialty districts in the sense that the school, they're governed by the state, so really they're their own separate entity in terms of what they can do. And the fire districts are their own separate district. So again, they kind of have the ability to do what they want. We're aware that we fall outside of that technically, but in terms of the intent and the use of what the library is, it's in a very similar, you know, scope. And you referenced earlier an approval. Were you referencing the town board approval in 2023 for the school? I didn't have an approval. [transcription gap] the library director at the Riverhead Free Library at 330 Court Street Riverhead New York. So when we planned the project for the downtown revitalization grant, the digital sign was part of that application. And to be honest with you, I wasn't aware that we would have to apply for a variance for the digital sign because I thought it was approved as part of the project. So I just want to point out the importance of having the sign, you know, we're considered like a western anchor of Main Street, and to be able to have the sign there when you're coming over the bridge from the south or coming down 25 or, you know, in the neighborhood, that you can see all the activity that's not only going on at the library, but that's happening in the town because that's part of being the welcome center is being able to advertise everything that's going on in the community. That's the purpose of the sign. Thank you. Heather, do we have any correspondence or letters in support? Yes. So we did receive one letter in support from the director of community development, Duane Thomas, again affirming that as part of the grant, the digital sign was contemplated. I was the planner that worked on the site plan application. So again, everything that Arthur attested to in terms of the sign location is all correct. You guys are maintaining the existing setbacks. Which were previously approved. So there's no issue with that. It was just sort of the animated display detail wasn't looked at during the town board site plan review. But again, we do have this letter in support. We did not receive any letters in opposition. Good. Who has this? I do. Ma'am, are you aware that you and I are probably the only two people in this room who know the Dewey-Disple system? I got nothing. Okay. I'm sorry. I'm sorry. Okay. Okay. Mr. Chairman, with respect to appeal number 2025-009, I move that the appeal of the Riverhead Free Library at 330 Court Street, Riverhead, New York, Suffolk County tax map number 600-128-2-21.3 in downtown center three zoning for variances and or relief from town code chapter 301-253 B where animated display sign board signs are not permitted be granted. Subject to the applicant maintaining setbacks for sign reflected and recited in town board resolution 2023-674 in accordance with the applications and sketches with amendments thereto if any as filed with the building inspector. So moved. Second, somebody? I second. All right. Mr. Barnes? Aye. Mr. Portia? Aye. Mrs. West? Aye. Mr. Gazil? Aye.

Aye. Mr. Burns? Aye. Mr. Burns has been granted. Good luck. Thank you very much. Love the library. Do we have any minutes, Heather? We do. We have the minutes from March 13, 2025. Move to have them passed. So moved. Second. All in favor? Aye. Aye. Thank you, Leroy. Okay. And our next meeting date is April 10, 2025. Moved. Second. All in favor? Aye. Aye. Thank you, Leroy.

Thank you.