Full Transcript

Thank you. Thank you. The Pledge of Allegiance, please. The Pledge of Allegiance is to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Thank you. Okay. So first, we have Appeal No. 2025-006, George Elia, 71 Pine Avenue in Ackerman, Suffolk County Tax Map No. 600-113-2-71, Residence B40 Zoning. We received correspondence from the applicant asking the board to reconsider the rear yard setback relief to it, relief from Chapter 301-17, where rear yard setback is 5.9 feet and the minimum required is 60 feet.

Okay. Okay. Good answer. Good afternoon. I have to swear a minute. This is a new hearing. Yeah. Where's your ring? The Rio. Tell the truth, the whole truth, nothing but the truth, so I hope you got it. I do. Name and address, please. George Elia, 71 Pine Avenue, Ackerman, New York. Welcome. Thank you. I just want to take this time to apologize. I misunderstood our conversation last time. I thought what I heard was maybe because I wanted it so bad, that's why I thought I heard that, but I misunderstood. So I wrote a letter to you guys asking to rediscuss the relief on the overhang, which was my original intention of trying to keep that and help out with everything else, which I did. Not help out, but remove everything else that was needed. So I'm just asking for that relief again. What is that structure? Can you explain to us what that is? What is it used for? It's just an overhang to protect from the rain. It's open. Covered deck. Covered deck. Well, not deck. There's a decking on the floor, on the ground. There's no poster or anything like that. Just wood on the floor. It's just an overhead to protect from the rain. That's it. What's the function of the chimney? It's just a fireplace. It's an outdoor fireplace. Outdoor fireplace, yes. And that's on the exterior of the overhang. Are there any walls or wood slats? Yes, there are wood slats that can be removed. Okay. Thank you. And they're not there for decoration. They're just there for decoration. It's not, they're just, they're big spaces and they're not there for any purpose or anything like that. Is it around all three sides? Yes. And then the fourth side would be the exterior of the home? Right.

So I did mention in the letter that the coverage on the property, I would definitely, I would definitely, I would definitely, if I can, or if you would allow, I would remove the driveway, the asphalt driveway to, in exchange for keeping the coverage on the overhang. So I was trying to figure that out. Your flooring is basically pervious. It's just wood that water goes through. If the water was to get underneath of it, it just goes right through it? Correct. Correct. Is there any air conditioning, heating, anything in that structure? No, no. Lighting? Anything? Anything else? There's two lights, yes. Okay. So. Can I? You have to get some water. You have to get some water. I'll get out the paperwork. You've got to step up, please. Sean, right? He hired me to do work over on the property. Sounds. I swear to tell the truth, the whole truth, nothing but the truth. So I'll help you guys. Please state your name and address. Ken Schumann, 12 Pegs Lane. Ms. Elia hired us months back to do some, to do some work over on the property. And then this happened with his sheds and everything else. And we applied together for the variance. Helped him out. As far as this back deck, it really is just a platform. The biggest thing is it has a non-pervious roof. Thank you. But when you add up the square footage, you're about a little over 500 square foot on it. And one of the things that you mentioned, it seemed like it was, an important factor in your decision was the impervious lot coverage. If we remove the asphalt from the driveway and a little walk to that shed that's being removed, we'll have well over 600, maybe 700 square foot. So we'd offset that overhang by 200 feet, square feet. How do the neighbors feel about this? One neighbor loves it. Because it doesn't look like a mobile home. Okay. Once you take it away, then it looks like a mobile home again. And there's already several mobile homes in the area. So that is important too. To me it just seems a little excessive to remove the driveway. Yeah. Well, we want to make a compromise. And it seemed like the impervious lot coverage was a big deal. Well, it's not a big deal. But it has to be approved or something has to be removed. But having an asphalt driveway is definitely a plus, especially during the winter months. So I don't know. May I ask a question? Go ahead. So the structure that you're seeking, zoning board of relief tonight, is the structure approximately 22.9 feet by 30.4 feet, correct? Correct. 30.4 feet? Yeah. That's correct. Okay. So that's the structure. 30.4? 30.4. Maybe my calculations were off then. Yes, mine were. So we'll almost be equal then. Yeah. Right. So you're not looking... So there's this other wood described also as a wood plat, 12.5 by 11.9. Yeah. That's another one that would be gone. That's another one that would be glad to get rid of. It's just a little platform that they put a table on. And that one, would you agree, sits right on the property line? Yes, it does. Okay. Thank you. [transcription gap]

And you would agree to remove that small platform. Is that correct? Yes. Yes. Okay. Just a quick question. On the drawing that's submitted, the frame shed, is that where the frame shed is now going? Because you're going to be moving the property. No, that's being moved off the property. It's already moved off the property line five feet. Correct. And that's already been done. We're trying to get things moving already. The one shed in the front was supposed to be moved last week, but weather and everything postponed that. It's empty and ready to go. The plastic one's gone, the little one. And to piggyback off that, the shed that was moved was actually made smaller. Yeah. Okay. So the question I'm trying to get to, because I agree with Leroy, that you don't want to tear up your driveway, but the asphalt that you've run that you had going to the shed, if the shed's moved, is that portion, that little asphalt run, getting demolished anyway? Yes. Yeah. And that would help. Yeah. No, I'm just asking. I'm not even saying it's a requirement. But if it's happening already. Yeah. It's not going to anywhere. So, yeah. Okay.

Ready? Yeah. Okay. Mr. Chairman and the rest of the board, with respect to appeal number 2025-006, I move that the appeal of George Ilya, 71 Pine Avenue, Aqaba, STM number 600-113-2-71, residents B40, RB40, zoning. Be reopened to rehear the rear yard setback relief for variances and or relief from Chapter 301-17, where front yard setback is 22.2 feet, where minimum required is 50 feet, where rear yard setback is 5.9 feet, where minimum required is 60 feet, where impervious surface coverage is 26.5 percent, where the maximum allowed is 15 percent, and Chapter 301-15, where accessory structure rear yard setback is 0.3 feet, where minimum required is 50 feet. required is 20 feet where accessory structure side yard setback is a feet where minimum required is 20 feet where accessory structure front yard setback is 7.3 feet where accessory structures are not permitted in a front yard and where accessory structures are required to be 10 feet from any other building be granted subject to the 22.9 by 30.4 foot roofed overhang must remain a porch and not be enclosed or a conditioned room you're going to remove the 12 foot by 11.9 foot platform along the property line described tonight as a platform used for a table and all other conditions in the zoning Board of Appeals determination 2025-006 dated March 13th 2026 remain in full force in effect and also in accordance with the applications and sketches with amendments there too if any as filed with the building department second mr. Porsche all right says whiskey hi mr. Barnes I Godzilla I and I vote aye so your parents has been greeted thank you thank you thank you very much next we have appeal number 2025-0015 Deborah Thompson 6 Gladys Road waiting River Suffolk County tax number 600-31-1-31 resident 80 zoning for a proposed single-family dwelling applicant requests variances and or relief from chapter 301-31 where proposed front yard setback is 49.8 feet and the minimum required is 60 feet where proposed rear yard setback is 23 feet where minimum required is 75 feet and where proposed side yard abutting side street setback is 33.4 feet where minimum required is 60 feet so she's clear she's clear she's clear she's clear she's clear she's clear she's clear she's clear she's clear she's clear she's clear she's clear she's clear she's clear she's clear she's clear she's clear [transcription gap] Deborah Thompson and her daughter. This has a, but before speaking I guess I should say we didn't file the affidavit of mailing and posting and that's been done and I think that will be recognized. Yes I've received all the proof of mailing and posting. This was at a variance history that you granted in October of 22 for house. The house was actually constructed and just as it was being finished fire broke out and it burned to the ground. We subsequently got a demolition permit. Removed all of the debris and we're now back with another plan. Plan's a little bit different than the last one. The one of the things that's different is that we had a garage underneath the house and the first house. We had a garage underneath the house and the first house. We had a garage underneath the house. We had a garage underneath the house. We had a garage rendition. We don't have a garage down underneath the house. Two things stopped it. One was they had a very severe rainstorm when the house was under construction and water went into the garage. Subsequently as the architect noted the rainstorms have been come worse. So they have a garage that's above ground now. So that's significant. The plan is a different plan than was laid out before. But I think that's a good thing. I think that's a good thing. I think that's a good thing. I think that's a good thing. I think

so.

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ARE MANDATED BY MUCH GREATER SETBACKS. AND THE OTHER THING TO BE AWARE OF IS THAT THIS LOT ALSO IS IN THE RB80 DISTRICT AND IT'S A HALF ACRE LOT. SO THERE ARE A LOT OF CONSTRAINTS THAT GO WITH IT. BUT I THINK IN EACH CASE, THE VARIANCE IS NECESSARY AND THE TYPE OF ARCHITECTURE AND THE DESIGN OF THE HOUSE. AND I WOULD SAY TO YOU THAT I DON'T THINK THE NEIGHBORS ARE GOING TO BE HURT BY THIS. NO NEIGHBOR HAS COMPLAINED. CERTAINLY ENVIRONMENTALLY, IT'S A RESIDENTIAL AREA, SO THERE'S VERY LITTLE IMPACT. AND I THINK THE ALTERNATIVE IS TO COME BACK WITH A SMALL HOUSE, BUT I THINK THIS IS THE HOUSE THAT SHE'S DESIGNED. IT'S NOT MUCH DIFFERENT FROM THE OTHER HOUSE IN TOTAL SIZE. AND I WOULD HOPE THAT THE BOARD COULD FIND THIS TO BE A FAVORABLE RESULT BECAUSE SHE'S WAITED A WHILE AND HAD THE HOUSE BURNED DOWN AND SHE LIKED TO BUILD IT AGAIN. GOOD EVENING. IT'S IN A SLIGHTLY DIFFERENT LOCATION, IS THAT CORRECT? THAT'S RIGHT. WHY IS THAT? I THINK WHEN THE ARCHITECT LOOKED AT IT, SHE TRIED TO KEEP IT BACK FROM THE POOL, WHICH IS ON THE FAR SIDE OF THE HOUSE. AND I THINK THAT SHE ALSO WANTED TO DESIGN IT SO THE GARAGE COULD BE ABOVE GROUND. AND SO THAT'S PART OF THE LAYOUT DIFFERENCE. THANK YOU. MR. CUDDY, THE LAST TIME THIS MATTER WAS HEARD IN OCTOBER OF 2019, YOU SAID THAT YOU THOUGHT THAT YOU WOULD INCLUDE TWO NEIGHBORS IN THE TWO YEAR PLAN OF 2022. THERE WAS ONE NEIGHBOR WHO I BELIEVE SPOKE AND EXPRESSED SOME CONCERN REGARDING BUFFERING ALONG THE REAR PROPERTY LINE. YES. THAT NEIGHBOR ALSO HAD AN ATTORNEY CALL ME TODAY AND ASKED THE SAME QUESTION AND WE GAVE HIM THE SAME ANSWER WHICH WAS, AND MR. THOMPSON IS HERE, THAT THERE COULD BE NOTHING DONE TO THE BACK AREA EXCEPT TO TRY AND KEEP IT IN THE HOUSE. because it's a steep slope there. She's going to plant landscaping there and maintain it as it is. Right. So at the hearing back in October of 2022, you had acquiesced to the neighbor's request to maintain the vegetative buffer. And would you still agree to do that today? Yes, I think. Absolutely, yes. Okay. Is there anyone in the audience that would like to speak on this variance? No? Good. Who has this? I do. Mr. Chairman, with respect to appeal number 2025-015, I move that the appeal of Deborah Thompson, 6 Gladys Road, Wading River, Suffolk County, tax map number 600-31-1-31, in residence B80 zoning for variances and or relief from Chapter 3, 301-31, where proposed front yard setback is 49.8 foot and minimum required is 60 foot, where proposed rear yard setback is 23 foot and minimum required is 75 foot, and where proposed side yard or budding street setback is 33.4 foot, where minimum required is 60 foot, be approved with the requirement that the... rear yard buffer, which was required by the ZBA determination of September 22, 2022, be granted in accordance with the applications and sketches and with amendments thereto, if any, as filed with the building inspector. Second. Mr. Proschetta? Aye. Sileski? Aye. Mr. Barnes? Aye. Azzillo? Aye. I vote aye. So the variance has been granted. Thank you. Good luck. Good night, Mr. Cuddy. Thank you. Good night. Good night. Next is appeal number 2025-017, Lawrence Luce, 752 Soundshore Road, Jamesport, Suffolk County, tax map number 600-7-3-32, residents A40 zoning to legalize an existing deck. Applicant requests variances and a relief from chapter 301-91B, where proposed side yard setback is 9.1, and the minimum required is 25 feet, and chapter 219-14A2, where existing deck is not specifically allowed development under chapter 219-14 subsection B. All development in bluff areas is prohibited unless specifically allowed by chapter 219-14 subsection B. Are you a lawyer, sir? Thank you. Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth? Say, I do. I do. [transcription gap] SPRINGER, 48 COLUMBINE AVENUE NORTH, HAMPTON BAYS, NEW YORK. GOOD. RIGHT AHEAD. OKAY. SO WE HAVE A COUPLE THINGS I WOULD LIKE TO POINT OUT. THE DECK IN QUESTION WAS ACTUALLY BUILT IN 2002. THE ZONING BACK THEN WAS ACTUALLY RES C, WHICH WAS A 10-FOOT ACCESSORY STRUCTURE SETBACK. WHEN WE WENT TO GET SOME BUILDING PERMITS FOR SOME BASEMENT STUFF, THIS HAS REARED ITS UGLY HEAD, OBVIOUSLY. THERE'S A FEW THINGS I WANT TO POINT OUT. A, THE DECK, NOT VERY BIG. IT'S THE ONLY WAY OUT THE SIDE DOOR. IT IS BASICALLY AT GROUND LEVEL. THE LOT ITSELF IS VERY CONSTRICTING BECAUSE THE LOT IS ONLY 51 FEET IN WIDTH. IT'S A VERY LONG, OBVIOUSLY, LINE. IT'S OVERLOOKING THE BLUFF. BUT AT THE TIME, THERE WAS OBVIOUSLY NO PERMITS PUT IN FOR THE ACTUAL DECK ITSELF. AS FOR THE, I DID DO AN OVERVIEW SHOT. AS PRECEDENT AND ALSO IN THE ACTUAL, YOU KNOW, NOT HAVING ANY EFFECT ON THE NEIGHBOR OR THE NEIGHBORHOOD, THERE ARE, AND I THINK I PRINTED A ONE, TWO, THREE, FOUR, FIVE, SIX. THIS IS ABOUT TWO. AND I THINK IT'S ABOUT 10 HOUSES, WHICH I WILL HAND IN, THAT SHOW IT'S ACTUALLY MULTIPLY THESE HOUSES ARE THE SAME WITH DECKS. NOW, I DON'T KNOW IF THEY ALL HAVE PERMITS, BUT THEY ALL BASICALLY HAVE EITHER DECKS ON THE SIDE OR DECKS OUT THE REAR. THIS WAS PUT ON THE SIDE, WHICH LESSENS THE SETBACK TO THE BLUFF. AND IT WAS ACTUALLY, WHEN YOU'LL LOOK AT THIS, YOU'LL SEE THAT THERE'S MULTIPLE HOUSES IN THE SIDE. AND THE DECK IS IN JUST THIS LITTLE VICINITY THAT ARE ACTUALLY BUILT MUCH, THE FULL HOUSE ARE BUILT MUCH CLOSER TO THE BLUFF THAN OUR DECK IS. OUR DECK IS OUT THE SIDE, NOT EVEN OUT THE REAR. SO AS FAR AS IT GOES WITH THE NEIGHBORHOOD, I DON'T REALLY SEE ANY ISSUES THERE. I HAVE SENT OUT ALL THE APPROPRIATE LETTERS. HAVE NOT HEARD BACK FROM ANYBODY, INCLUDING THE ONE NEIGHBOR TO THE RIGHT. AND I DON'T THINK MR. LOOSE HAS HEARD FROM ANYBODY ABOUT ANYTHING. SO, YOU KNOW, UNLESS YOU HAVE ANY QUESTIONS, I'M HERE. I GUESS THERE'S NO ONE IN THE AUDIENCE THAT WANTS TO SPEAK ON THIS. ARE THERE ANY RAILINGS ON THE DECK? ARE THERE WHAT? ANY RAILINGS? NO. NO. IT'S A SINGLE STEP UP. WE HAVE A PICTURE OF IT IF YOU WOULD LIKE TO SEE IT. MR. LOOSE'S FATHER IS ACTUALLY THE ONE THAT BUILT IT MANY YEARS AGO, BUT HE IS NOW SINCE DECEASED. AND THAT'S THE ONE THAT'S BEEN BUILT. AND AGAIN, THAT'S WHY IT HAS COME UP. MR. LOOSE AT THE TIME DID NOT KNOW THAT THERE WAS A PERMIT NEEDED UNTIL WE STARTED DOING SOME OTHER WORK. ABOUT HOW MANY POSTS DOES IT HAVE IN THE GROUND? YOU KNOW, MAYBE LIKE FIVE OR TEN? YEAH, SO IT'S 11 BY 18. AND THE, SO IF YOU WOULD, FOR CONSTRUCTION PURPOSES, IN THE FRONT SIDE, YOU KNOW, FACING THE BLUFF ITSELF, WOULD BE THREE GOING ACROSS THAT WAY. AND IT WOULD BE FIVE TO SIX COMING BACK TOWARDS THE STREET. AND THEN AGAIN, THE SAME THREE IN THE OTHER ONE. SO APPROXIMATELY FOUR OR FIVE WOULD BE WITHIN THE COASTAL EROSION ZONE, BUT THE REMAINDER OF THOSE POSTS. YES, CORRECT. WOULD BE BEYOND. YES, ABOUT A THIRD OF THE DECK WOULD BE IN THE COASTAL EROSION. THE REST OF THE DECK IS ACTUALLY BEHIND THE LINE. WE'RE NOT THAT FAR OUTSIDE, YOU KNOW, I THINK, WHAT ARE WE, 40, YOU KNOW, WE'RE SUPPOSED TO BE 50. I THINK WE'RE AT 42, 43. RIGHT, 41.6. SO IT'S. 41.6. YEAH, I HAVE AN OLDER SURVEY. THIS IS NOT THE RIGHT ONE. BUT YES, I KNOW THOSE NUMBERS ARE PRETTY CLOSE. AND NO PORTION OF THAT DECK HAS FOUNDATION, CORRECT? NO. NO. AGAIN, WE HAVE A PICTURE OF IT. IF YOU WANT ME TO SUBMIT IT, I'D BE MORE THAN HAPPY TO. YES, PLEASE. AND YOUR CLIENT WOULD HAVE NO PROBLEM FROM REFRAINING FROM MAKING THE DECK ANY BIGGER, RIGHT? CORRECT. WELL, I'M CLOSING IT. NO. I'M CLOSING IT. [transcription gap] photograph and you can put it right on the picture of the deck yeah is that the picture of the deck no oh you want the picture of the deck yeah not that Heather just so we could probably put both well that's that's to put in the record anyway just so the railings have been removed off of that that's put it on that camera so I don't know if all members of the zoning Board of Appeals heard the railings have been removed

very simple okay yeah nothing extravagant again the house the house itself is not even that big so you know 20 by 48 I think so a little under a thousand on the I guess the east side of driveway it's like Belgian block yeah on the on your east side that's not yours no that's how many blocks did he put is there any left in Belgium sir he made it longer since I don't know anything else who's got this I got it right answer all right mr. chairman I moved that the appeal of number two zero two five days zero one seven move the clear clear clear clear clear subdivision 1 subdivision B where proposed side yard setback is 9.9 feet where minimum required is 25 feet and chapters 219-14 sub a sub 2 where existing deck is not specifically allowed development on the chapter 219 dash 14 subsection B all development bluff areas is prohibited unless specifically allowed by chapter 219 dish 14 subsection B be approved subject to that there be no further encroachment into the coastal erosion hazard area and no foundation for the deck of the foundation to the deck shall be limited to the please was 11 fitting footings you said say that again how many footings did you say 11 no the deck is 11 feet how many footings did you say you in it well there's three across the front and then I mostly probably five to six tops all right it'll be limited to that amount and it accords with the applications and sketches what amendments did to if any is followed with the building inspector second Shredda aye this is a West high mr. Barnes

thank you Brandon have a good evening thank you headlet so 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 1086 Old Country Road, Riverhead, Suffolk County Tax Pound No. 600-108-3-19, Shopping Center Zoning, Use of Cannabis Retail Dispensary, Applicant Request Variances and Relief from Town Code Chapter 301-283.20, where proposed site is located within 1,000 feet of a school, where no retail or on-site consumption establishment shall be established or located within 1,000 feet measured from the nearest property lines of each of the affected parcels of any school, library, or daycare facility. The Zoning Board of Appeals heard this and left the matter open for written comment. After, let's see, it was April 24, 2025, and the Zoning Board of Appeals adjourned for written comment and reserved the right of the Zoning Board to ask additional questions and possible notice and requirement for the applicant to amend application for relief. At this time, does the Board have any questions? We did receive additional submissions. So this afternoon from the... the applicant's attorney, we received a supplemental submission in support of the application, of which I circulated the digital copy to all of the board members and council, and also provided hard copies prior to the meeting. In addition, Member Portia provided, just before the meeting, we have articles, which I'll read, just the titles and dates. We have the Riverhead Central School District Health and Safety Committee meeting minutes from September 13th of 2023. We also have an article from the Daily News March 3rd, 2025. An additional article from... Heather, I'm sorry. Is there any way you could read the... The title? Titles. All right. So backtracking to the Daily News article, 12 kids fall sick at Long Island Middle School after eating weed gummies. Then the Patch article dated March 4th, 2025, consequences at school district where kids got sick from gummies.

And then an additional article, Riverhead Local, February 14th, 2022. A student was transported to Peconic Bay Medical Center after having difficulty breathing after reportedly consuming a chocolate edible inside the school. In addition, we... Member Portia provided the Cannabis Corridor 3 map by the town of Riverhead. And just let the record reflect, those are the articles we referred to at the last hearing. Okay.

So at this time, does the board want to close the written comment period, close the hearing, and set a reserved decision date? So moved. Second. All in favor? Aye. So we... The next meeting date is June 12th of 2025. Great. So the reserved decision will be made at the Zoning Board of Appeals meeting on June 12th, 2025. Okay. So moved. Just for clarity, can we take a vote on that again? Yes. Because I think before we announced the date, I wasn't sure if everybody had voted. I apologize. Okay. Mr. Portia? Aye. Mr. Zaweski? Aye. Mr. Barnes? Aye. Mr. Gazzella? Aye. And I vote aye. Any minutes, Heather? No, we have not yet received the minutes from the April 24th, 2025 meeting. And our next meeting date? Yeah, June 12th, 2025. We have no appeals for the May 22nd meeting, so that meeting will be canceled.

Okay, do we have a motion for adjourn? So moved. Second. All in favor? Aye. Aye. We're adjourned.

Thank you.