Full Transcript

Thank you. [transcription gap] Thank you. Heather, would you like to start, please? Yes, so we have two extension requests on tonight, the first being appeal number 2022-039 for HK Ventures 4285 Middle Country Road in Calverton, Suffolk County Tax Rep number 600-116-1-2. This was industrial season zoning. They are requesting their second one-year extension, thus expiring June 8th of 2026. So moved. Second. All right. Mr. Portia. Aye. Wosinski. Zaweski. Zaweski, thank you. Aye. Mr. Barnes. Aye. Mr. Garzillo. Aye. And I vote aye. Go. Okay. Next extension request, appeal number 2022-049, Tomcat Realty Holdings, LLC, 901-932 Scott Avenue, Calverton, Suffolk County Tax Rep number 600-135.20-1-1 PIP zoning. They are requesting a second one-year extension, thus expiring May 11th of 2026. So moved. Second. Aye. Mr. Porchetta. Aye. Mr. Woski. Aye. Mr. Barnes. Aye. Mr. Garzillo. Aye. And I vote aye. Okay. Next we have a reserve decision. Appeal number 2025-011, 1086 Old Country Road, LLC, 1086 Old Country Road, Riverhead, Suffolk County Tax Rep number 600-108-3-19, Shopping Center Zoning, Use of a Cannabis Retail Dispensary, Applicant Request Variances and a Relief from Town Code Chapter 301-283.20, where proposed site is located within 1,000 miles of the town. The 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. Aye. The board has issued a full-length decision. I will read the conclusions and determinations, which are as follows. The board has carefully reviewed and considered all of the testimony and evidence submitted in connection with the application as well as the findings set forth in the long-form decision. After this careful review, the board hereby determines that the benefit of granting the area variance request is substantially outweighed by the detriment of granting the area variance request to the health, safety, and welfare of the community and hereby denies the application. Based on the foregoing, this board hereby denies the application in its entirety. Can I have a second? Second. Aye. Mr. Porsche? Aye. Mr. Weske? Aye. Mr. Barnes? Aye. Mr. Gazzillo? Aye. And I vote aye. So that's our decision. Go ahead, Heather. Okay. For new appeals, the first of the evening is appeal number 2025-019 Kim Stosky for 11th Street Wading River, Suffolk County Tax Act number 600-33-6-24.1 Residence B-80 zoning to legalize an existing shed. I vote aye. Applicant requests variances and or relief from Town Code Chapter 301-29A1B where proposed accessory side yard setback is 5.3 feet where minimum required is 25 feet and Chapter 301-29A1C where proposed accessory rear yard setback is 4.7 feet where minimum required is 20 feet. Someone here representing this group?

Okay. Please raise your right hand. I do solemnly swear to tell the truth, the whole truth, nothing but the truth, so help me God. I do. Please state your name and address. Kim Stosky, 411th Street, Wading River, New York, 117. Hold that mic a little closer to you. Can you hear me better? Yep. You need me to restate? Go ahead. Okay. So we inherited the property from my mother-in-law. We have, you guys have been great, the town we put an extension on. And now we're trying to get the LEPU that wasn't original because the house was from 1949 before the board existed. So we're trying to get permission for the second shed that we, we put a second shed on, but this shed happened to be the original shed from the 70s, but it's too close to the property line. Both my neighbors that live that border that have already called me. Their tickets are here. I mailed out all of the things that I was required to mail out. In my haste, I mistyped the date, so I went back to the post office and re-sent certified letters explaining for the, well, I work for the state, so I do everything legally because I'm a regulator for the state of New York. So I went back and I resubmitted everything with the apology that I submitted. I did submit your town letter. I just didn't put the correct date. I put the 19th instead of the 12th. So I resubmitted stating that I made the error. The date was the 12th and resubmitted that certified letter again, return receipt requested. So that has all the requirements. I feel I have fulfilled. The only requirement I have left is the affidavit that has to be notarized. I didn't realize that until I was- I can confirm we received pictures of the posters being up at least a week beforehand and also today. I also have the certified mailing receipts, the green cards. In addition, our letter that the town furnishes for the applicant did have the correct hearing date and time on it, but it's, you know, it's good that you corrected that. I have both copies of the applicant's letter in the file. And the Zoning Board of Appeals letter was included in the- In both sets. Okay. What department do you work for? New York State Department of Health. I'm a nurse. As long as it wasn't DMV. No, no, no. I'm a nurse. Because I would have to get up there and- I work for the Department of Hospitals, complaints and grievances. You have to make an appointment now to go to DMV. Oh, no. That's not me. Can you imagine that? You can't show up anymore. It saves a lot of time, I'll be honest with you. It saves a lot of time. They have two security guards outside. They're going to beat you to death. I haven't been since- You try to walk in. Everything changed. I haven't been since COVID, I should say, so. Okay. All right. So you're exonerated. Thank you. So the-there's two sheds. There's two sheds. Correct me if I'm wrong. One of the sheds is actually part of a chicken coop. Correct. Correct. And that's the newer shed. Right. And then the existing shed, which I promised my mother-in-law I would not take down Pop's shed when she passed, that that's the shed that right now, that when we did the property lines, we realized is actually 4.7 feet from the property line as opposed to five feet from the property line. But then I learned that I actually needed one of the sheds variants because of the second shed rule, which I didn't realize at the time. So to the one side, it's actually 5.3, and to the other, as you point out, it's 5.3. And to the other, as you point out, it's 4.7. Correct. Heather, can you just confirm for me the impervious surface coverage? Yes. Hold on one second.

Okay. So the lot, based on the entire size of the lot, her max impervious surface coverage pursuant to the small lot ordinance under which this lot would fall is 20 percent, or 3,200 square feet. And even with the house, both of the sheds, the driveway, the wood platform, the roofed over wood steps, she comes in at under 3,000 square feet. So she is significantly under the allowable impervious surface coverage. Thank you. What is that wooden thing that looks like a pool? A pond. It's a koi pond. We actually took the koi from my house in Rocky Point when we sold that and brought them over. It literally stood like a fisherman on the edge of the pond with a net and scooped every one of them out and brought them over. All right. Just curious. Come on over any time. It's a very nice house. Thank you. And it was nice you merged that other lot with it. Thank you. And now you should come see it because we did a lot of it. We did. Oh, you did. Okay, good. I'm glad you did. We were there. We're still working on it. No, it's very nice. You're doing a great job. Thank you. And I thought of the colors and the things that we did with it. Is there anyone in the audience that would like to speak on this variant? We don't have anybody streaming, do we? I have one person on Zoom, Amanda Olsen. But I don't know if she's for this appeal. She does not have her hand raised to speak at this time. Okay. Anybody else have a question? Let's read it. Mr. Chairman, with respect to Appeal Number 2025-019, I move that the appeal 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 be granted in accordance with the applications and sketches with amendments thereto, if any, as filed with the building inspector. Second. Mr. Portia. Aye. Mr. Zaweski. Aye. Mr. Barnes. Aye. Mr. Gozzillo. Aye. And I vote aye. So your variance has been granted. Thank you. Good luck. Is there anything I need to do now? No. So in addition to providing the paper to me tomorrow, you'll receive a written determination, which will also be forwarded to the building department. So you'll have to follow up with them to get your permit situated. Thank you. Thank you, gentlemen. Appreciate it. Did you pick out his tie? Did you? Ma'am? Ma'am? Yep. Sorry. Did you pick his tie out? It's a shirt. Yes, I did. He's a chicken papa. He goes out and feeds them every morning. He picks up the eggs every day. He's the chicken papa. Nice tie. I like that. Chicken papa. I just told him I can't believe you wore that shirt here. Are you related to any other Stoskys in there? Yeah, I'm a friend of Stosky. Greg's my brother. Greg's your brother? Oh, okay. Yeah. I went to school. I went to school with him. Yeah. Yes, I know. Thank you. I recognize you. Okay, good. I told him no nepotism. He's not allowed to talk to anybody. Oh. Thank you, gentlemen. Okay, we're going to- Have a good night. Good night. Thank you, gentlemen. Take care. Take care now. Heather, you want to keep us going? Yes. Okay. Next up, we have appeal number 2025-020, Jeffrey and Bay Salins. I apologize if I pronounced that wrong. 47 Highview Drive, Wading River. Suffolk County Tax Department 600-49-3. Residents B-80 zoning to legalize a shed in a front yard. Applicant request variances and or relief from Town Code Chapter 301-29A1A, where existing shed is located in front yard, not permitted. I think so. Are you an attorney, ma'am? I am not. Oh, I'm sorry. Luckily. You're lucky, huh? Okay. You solemnly swear, tell the truth, the whole truth, nothing but the truth? I do. I do. Please state your name and address. Lisa Poyer. Lisa Poyer, Twin Forks Permits. On behalf of the applicant, 288 East Montauk Highway, Hampton Bay, 11946. The application before you tonight is to legalize a shed that's located in the front yard of the residence. The shed in question has been there for quite some time. It may have been, I think it's been reconstructed a couple times by the owner. I have photographs of the shed if you'd like to see them. We've seen it. We were at the site. Okay. It's a plastic rubber made shed. It's part of the garden wall that's on the property for the homeowner. May I have just one copy of the photo just for the record? You're just from the street. We could take pictures for you. There's two sheds on the property. One of them is actually behind the front line of the house, so that one is legal with regards to setbacks and location. This one, like I said, it's been there for quite some time. The homeowner didn't know it. He applied to do some work to his deck. And when they're trying to close out all the deck permits, the building inspector noticed that the one shed was actually in the front yard by a small margin. Can we cut to the chase? Sure. Would your client consent to moving it back to the property line with the house? It'd be a big undertaking because it's... From what we understand, it's plastic. It's probably portable. It's on an old foundation, and it's actually part of the garden. It holds up the garden fencing, and to move it back would actually impede into his garden area. It's been there. It's a substantial-sized shed. It's 8 by 10. It's just such a large piece of property, and to have that break the front line, it doesn't fit the code. None of the neighbors have any issues with the shed. Like I said, it's been there for quite a while. It's not really substantially visible from the road in other areas. I have one. So your client previously had... You're right. They had a shed on the property and removed it, correct? I think that was in a different location in a different shed. Okay, but they knew the shed requirements is my point. I don't believe they removed it. I think they removed it because it was... They didn't need it or something. They didn't remove it because of the shed requirements. Okay. It was... So... But your clients installed this second shed. At some point, yes. It's been there for probably 15 years or so. And they did it without any approvals. It replaced other shed that used to be there beyond that. There's been a shed there. There's been multiple sheds in the property. One of them went away. This one replaced an older one, but that was probably 15, 18 years ago. Well, as it was pointed out, there's ample room on the property to move the shed to a location, which is not in the front yard. And as far as stabilization of the garden, they could, quote, restabilize that in another fashion. True? I'll have to go to the client about it and see what he has to say. Okay. But he... You know, he'd requested to keep the shed in the location. I guess... He said it's a wall of the garden. It blocks the garden from the street. It's substantially far back from the street itself because the house is set further back. And it's substantially in front, in the front yard.

Are any of the neighbors complaining? None of the neighbors have complained. They also built the application. Did you get any letters of support? We can get letters of support. But none of the neighbors have expressed any objections to it. I'll be quite frank. You know, notwithstanding what the neighbors were, you know, it's a clear violation of code. And they'd be disinclined to approve it. If you were to tell me that they're going to move it, I would go along with that. I'll have to take it back to the client. It's just kind of a precedent. You know, we approved this. And anyone that has a shed in the front yard... Can come up here and expect to get approved. I mean, it's a difficult thing for us to do, but we've got to uphold the law. Okay. I'll have to go back to the client and approach him about it. If we could leave the application open. Do you want to jump to the next one? I don't know. Our next meeting is July 10th, just because we don't have a second meeting in June. Right. So.

I don't see how we can approve it. I'm sorry. All right. Would you like to? Yes. Did the GM make a motion to adjourn this until the next meeting, which is July 10th, I believe you said? July 10th, yes. I second. All right. Mr. Portia. Aye. Mrs. Weske. Aye. Mr. Barnes. Aye to adjourn. Anyone? Aye. Okay, thank you. Mr. Gazillo. Aye. And I vote aye. All right, thank you. I think there's a spot on there that would be found. Like I said, I'll have to go back to the client and talk to him about it. Thank you. Thank you. Good night. Okay. And last appeal of the night is appeal number 2025-021, Thomas D. Chiaro, 533 Pecan Bay Boulevard, Aquebog, Suffolk County Tax Route number 600-87-2-4, Residence B40 Zoning to Legalize Sheds. Applicant request variances and or relief from Town Code Chapter 301-15A1C, where accessory side yard setback is three feet and the minimum required is 25 feet, where accessory rear streetline setback is 0.7 feet and the minimum required is 50 feet, and where setback between accessory structures is zero feet and the minimum required is 10 feet. All right. Please raise your hand. I'll raise my hand and tell them I swear to tell the truth. I don't trust them about the truth, so I hope not. I do. Please state your name and address. Tom D. Chiaro, 533 Pecan Bay Boulevard, Aquebog. Please tell us what you're looking for. Hold on. All right. For matters which do not appear in the record, I recuse myself on this. You can proceed. Go ahead. Okay. So I purchased the home about two years ago, and there were two existing sheds in the backyard. And I maintained them. Didn't change anything. Didn't move anything. And now I'm here to ask for a variance to continue to maintain those two sheds. A large shed. Do you use that for what? They're both storage. One is a finished shed. But it's... It's just storage of my summer things that I put in there in the summer. And then we put other things inside the shed. You know, I have bicycles in there and sports equipment and... This has a finished floor and also an air conditioning unit in it? There is an air conditioning unit in there, which I've never turned on, so... Is it being used for an office? It is not. Do either you and your wife work from home? No. This is actually a second home. This is a second home of ours, so we... I do work from home, but not from here. I did work from here today in the home. So, no, I do not use it for an office. So, Heather, we located a real estate listing. Is that correct? Yes. It was 2023 that actually advertised that second shed as... I will quote... I will quote... Off the patio lies a climate-controlled office for work-from-home owner-seeking... privacy. But that was in the real estate listing. So, was that prior to your purchase? That was prior to my purchase, so... And when did you purchase the property? 2023, the middle of 2023. 2023? Do you mean it's existing prior to my purchase? Yes. 100%. The real estate listing was prior to your purchase. It must have been, but I did purchase the home in June of 2020. So, maybe it was July that we purchased... Heather, do you have a date on that listing? I do not.

So, what do you use the larger shed for storage of? In the winter, I store my... the lawn furniture, the barbecue, the cushions that we have on the... the lawn furniture. That's what's in there. There's, I guess, I guess there's a couple of coolers in there. And the other shed is more bicycles and lawn equipment and things like that. What are you using the smaller shed for? That's the one that has bicycles in it and lawn equipment and... That's it? Things like that, yeah. And are you adverse? Do you understand the smaller shed is a little too close to the property line? That's correct, yeah. And I... I was told that this is a... Oddly enough, they say that I have two front yards, which is why the shed is too close to the property line. Well, I guess that shed is very close to the property line. Okay. Yeah. So, if the Zoning Board of Appeals... You have, obviously, electric going to the larger shed, correct? Correct, yes. And do you have a certificate of... Do you have a certificate of occupancy or an electrical inspection for that? I don't, but that was the shed that I was looking for the building permit for. So, the reason why I went into this is that I had a violation of... Which, I'm not sure how that happened, but I had a violation... There was nobody complaining. I know the people around me, and I spoke to them recently about this. But there was a violation about the shed. And I was working on getting a permit. Okay. And I was working on getting a permit, and this is the first step, I guess. So, just asking a question. If the Zoning Board of Appeals was inclined to grant relief related to the larger shed, subject to electrical inspection and approval, would you be amenable to relocating the smaller shed to a location in the side yard, which would conform and meet the code requirements? So, the code requirements, I think you stated 25 feet. Is that right? Because I don't have that much feet on my property. This is a small lot ordinance, Heather. So... Yes. So, the reason why the 25 feet is called out is because you don't even meet the requirements for the small lot ordinance, which for accessory structure, is not a requirement. Okay. So, the charge for accessory structures on a property of this size would be 10 feet. But when you don't meet that requirement, the building department has to furnish a denial letter that references your existing zoning. Because the small lot ordinance is just that. It's an ordinance. Okay. So, the probable smaller hurdle is relocating the smaller shed. And having the approval for the larger shed, which has electric, it is, for lack of a better word, more improved than the smaller shed. True? True. That's correct. Yeah. So, again, I ask the question, if the Zoning Board of Appeals was inclined to grant relief for the larger shed, the more improved... The more improved shed. And subject to electrical inspection and relocation of the smaller shed to the side yard, would you be amenable to that? I suppose I could if that was the only way out here. The sheds have been there for many years. I would... The guy behind me said it's maybe 10 years the sheds have been there with no complaints or anything like that. So, I suppose I could move this shed. I don't know where I would move it to. And I don't know how much the setback needs to be. But there's other areas that you could put a shed in. I will grant you that. There's large enough property to do that. And Heather, just to reiterate and repeat, if the smaller shed were to be relocated to the side yard, what would the distance required be? Under the small lot ordinance, it's 10 feet from the property line. So, looking at your survey, it appears you have adequate room in that side yard that you could meet it. Thereby, if the Zoning Board of Appeals granted the relief to the larger, you relocated the smaller, all structures could be legalized. I'm not looking at the... I'm not looking at the survey right now, but I'm going to guess that the... Would you like a copy? I have it right here. Oh, okay. I could take it out and look at it. Let me do that. That side yard you're talking about, where they make these numbers small, is a small shed. I'm not sure if you can see it. I'm not sure. I'll just... [transcription gap] I'll just... [transcription gap] unusable it's right now a play area for my kid and his friends when they come over they you know like soccer over there whatever it is we have the other side there but point is is that that shed would literally be in the middle of that area right there being ten feet ten feet ten feet from the house whatever it is it's literally going to be in the middle there which would that I wouldn't move that shed I would have to do something else right or you could relocate it to the opposite side I'm not sure how easy it is to I'm not I'm not a architect here but I'm not sure how easy it is to relocate a shed that is a wooden shed with a wooden base floor I don't think you pick it up and you move it I'm just being honest with you I it it it would have to be coming down in that case because I don't think you could forklift this thing up I can't see how it would even get through the backyard this big structure and have a crane bring it over to that I'm not sure how that would work I think it would you would you would best remove the whole shed in this in that case but you again it's it's not clear 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 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 so so so so GRAVEL, WHATEVER, I'M SURE IT COULD BE DONE WITH ARCHIVES. SOMEONE MORE KNOWLEDGEABLE ABOUT THIS. IT'S NOT ON A FOUNDATION. NO, IT'S NOT ON A FOUNDATION. IT'S DEFINITELY NOT ON A FOUNDATION. I WOULD SAY 100% NOT. BUT I CAN'T SEE THAT SHED BEING ABLE TO BE MOVED. AND THERE IS ONE LETTER FROM THE NEIGHBOR SAYING THAT THEY'RE OKAY WITH WHERE IT IS. OF COURSE, THESE ARE THE NEIGHBORS BEHIND US. WHERE THE SHED IS CLOSE TO THIS, WHAT I THOUGHT WAS A PRIVATE ROAD, BUT IT TURNS OUT THAT'S NOT A PRIVATE ROAD. IT'S WOLOSKI WAY. I CAN CONFIRM WE RECEIVED CORRESPONDENTS FROM THE NEIGHBORS, KEN AND TIFFANY SMITELI, IN SUPPORT OF THE APPLICATION. BUT THEY HAD REQUESTED THAT THE RAIL FENCE BE REESTABLISHED AND HEDGING BE CONSIDERED. SO I TOLD THEM I WOULD TAKE CARE OF THAT. THERE IS A FENCE THERE WHERE, AGAIN, WHEN I BOUGHT THE HOUSE, THE RAILS WERE NOT THERE. SO HE SAID THE RAILS ON THE OTHER SIDE ARE ON THE FLOOR. JUST PICK IT UP AND PUT IT IN THERE, HE TOLD ME THE OTHER DAY. SURE, I COULD PUT THAT FENCE BACK UP THAT YOU WANT TO PUT BACK UP THERE. I ALSO DON'T MIND PUTTING UP THE HEDGING THAT STOPS SHORT OF THE SHED THERE. OKAY. THANK YOU. THANK YOU. I LOOKED IT UP. THE LISTING, THE REAL ESTATE LISTING WAS FROM JANUARY 3, 2023 AND PER SUFFOLK COUNTY DEEP SEARCH RECORDS. THE HOUSE CLOSED IN JULY OF 2023. THAT'S WHAT THE DEEP WAS REPORTED. THANK YOU. HEATHER, PURSUANT TO THE TOWN CODE, 10 FEET IS REQUIRED BECAUSE THE HOUSE IS NOT IN THE CITY. IT'S REQUIRED BETWEEN ACCESSORY STRUCTURES, CORRECT? CORRECT. AND DID THE BUILDING DEPARTMENT DENIAL LIST THE FAILURE TO HAVE THE 10 FEET BETWEEN THE STRUCTURES? ORIGINALLY, NO, BUT IT WAS CORRECTED. OKAY. UPON FURTHER REVIEW. I WILL NOTE THAT THE ZONING DOES ALLOW ONE SHED UNDER 144 SQUARE FEET. BUT IT'S SPECIFIC TO THE REAR YARD. AND IT DOES CALL OUT A FIVE-FOOT SETBACK WHERE A PERMIT WOULD NOT EVEN BE REQUIRED. SO THAT'S SEPARATE FROM THE SMALL LOT ORDINANCE. OKAY. THANK YOU. [transcription gap]

So I mean if they if they split over this way, but then he's going to this next 10 foot, right? So you come up there you gotta go 10 foot and then you got eight foot. So you're back into the middle of that

Saying is if I take this Basically moving it right here and then I almost the balance of the space Right now just got a box in the middle of that Sound like a good idea

She asked he basically said if I had to move it then it's it kind of renders this useless I actually got a box in the middle of a spot

Personally I'd be more inclined if you move that shit on that side even though you can still be in violation Yeah So we'd still be in violation But if he put it right next to the other shit, then we give any granting for having two sheds next to one another I'm comfortable with that Right, but given the rather than having to go over here just give the okay to put it right next door It's only got to be ten feet off the shed Then you're back Over here into the middle that's argument is all of a sudden I've got a play space here I'm putting a shed right in the middle of it It's still be non-conforming, but you'd be non-conforming on this side. He'd be off the border We could always argue that okay. We gave you the allowance have two sheds next to one another But we got you off the border Well, would you agree? What if we? reduced it from 10 to 5 You gotta have some separation because the electric here Just enlarge the big shed Coming this way and I just extended this way Right. That's what I was saying. It's basically come on this side. I know but it wouldn't be

Then you got to rebuild right yeah, you're doing all the rest of it right and it would exceed the accessory structure size yeah No, what did you say if they had a single shed moment just structure 144? Yeah, 144 is the max but then you're rebuilding the whole thing Hey, yeah, and we in four foot on this side, and then you're at 144. It's just not worth the time and effort Don't want to give him the option If it's not worth it's wild But so he could go five foot off of here if he wanted to Because the shit you move sheds pretty easily you get six foot PVC pipe right roll it right now. I just they go But if we put them over here So if you before on that side, so be off of there if he's five foot off of there He's not really intruding it to this whole area over there And you got some room because we can legally do five foot off that no you would grant relief for that as well I'd be inclined to do that kind of solves two problems, and you're not ready for that's a good idea I'm going to go to the other side Then you throw them by going right here Yeah, so basically moving it to the east of the other shed just off of it by five foot Like this yeah, yeah, and how many feet off the lot line? It's still probably five it's got to be conforming it'll be the ten feet Yes, but ten feet is there already right next to the shed so and acceptable located within Oh by the way you move this knot five feet. I don't know what you're talking about Is this same head so it's gonna be five feet between the two she's

Got ten by five ten ten five by ten six

Think that's good compromise. I'll know if you want eliminates the whole issue yep

all right so we want to try to explain this first yeah yeah why don't you give an explanation and then we'll read it so mr de chiaro de chiaro so what we're going to read but basically what we're going to come back to you with is you could you could remove the shed completely the the smaller shed or you could put it to the east of the existing shed but rather than having to be 10 foot off that existing shed you could move it five foot off that existing shed it'd still be ten foot the southern portion would still be parallel to the existing shed the larger shed so you'd still be 10 foot off there that wouldn't really put a shed in the middle of your open space you'd be 10 foot off depending upon which way you well that shed's eight two by eight two so really regardless which way you'd have you'd have a block over there sheds are not to move a shed like that i don't know what else you have over there i see some wood curbing but generally if you have someone come and deliver a shed to you they'll put down usually six to eight inch pvc pipe they jack it up and they just roll it they they'll roll it back and forth and it'll take them all of maybe 20 minutes to to move the thing you don't need cranes or anything else like that for a shed that size but that's in essence what is going to come back to you in in terms of this reading so you're saying move the shed out in front from looking at it this way in front of the existing shed five feet off the existing shed to the east side of it right because in front of it for you would be the front of your house faces east disease yes right so you'd move it to the east side of that existing shed

so you of course you guys have not seen my property maybe maybe ralph has but that i i'm certainly not going to do that because that's going to put a shed i mean i'm just being honest with you that's going to put a shed right out in the walkway of coming front to back in my house when there's you come into the gate um

you could see where there's two wooden i wouldn't go towards the garage just before it's the garage you go into the gate and you can walk around to the back it is literally going to put a shed where basically it says 30.1 the shed smack and it's not in the middle no it's not in the middle it's to the back but that would be a complete eyesore and really not something we would do and i'm not i'm not saying okay because i wouldn't do it then you guys have to do whatever i like but it just i mean i know you're trying to help me um so i i i appreciate that but well you wouldn't call your shed an eyesore would you especially in light of the fact no i'm talking about that it's in the middle of my yard the distance requirements no i i'm just saying that in the if it's in the middle of the yard where we sit with chairs and we um you know we we put out a screen there and we have the kids watch watch a movie we'd have a shed in the middle of the yard and we'd have a shed in the middle of that thing it's not that i mean although this looks big there's shrubberies and different wood behind the wood is shrubberies and things like that the area is quite small considering you know what i've seen as riverhead um you know yards this is not this side of the area houses is not small so anyway it's to me i i just i just wouldn't move it there the other side of it is that there's you know there's also structures um not structures but there's no in in order to it just wouldn't work putting it over there i guess okay and so is the same as the north of the house would you you'd have the same type of issues then in that smaller because again also so yeah i'm not you know this isn't telling you about all my all the problems it would cause but back here is it is is also not a large area but there is a uh a table that we sit at for you know for eating out there and then there's a couple of couches over over there that we've put there so it's you know you just um although this shed looks quite small when you put it smack in the middle of these other areas it being tucked back there has been fine for a quite a long time and i understand that no one has gone in and got a permit to put any of these sheds right so you you buy the house and now i've got a problem uh with wherever things have ended up but um yeah so i i yeah it's it's that those those things to me would not be right and i understand you're trying to find a solution here so i appreciate that i'll tell you later emery um ! [transcription gap] um [transcription gap] so what's she's she's she's she's All right, where are we? Do we have to run something by him again? I don't think so. No. Okay. All right. Okay. Mr. Chairman and the rest of the board members, with respect to appeal number 2025-021, I move that the appeal of Thomas DiCiaro, 533 Peconish Bay Boulevard, Aquabog, STM number 600-87-2-4, Residence B40, RB40 Zoning, for variances and the relief from the Town Code, Chapter 301-15A1C, where accessory side yard setback is 3 foot and the minimum required is 25 feet, and where the accessory rear street line setback is .7 feet, and the minimum required is 50 feet, and where the setback between accessory structures is 0 feet, where minimum required is 10 feet, be granted subject to the following. The larger shed shall not be improved with a positive heating supply, HVAC, and shall not be habitable space, living accommodations, sleeping, etc., shall not be improved with kitchen or bath facilities, shall be limited in use as accessory, and shall not be required to use a single-family dwelling, 6.6 feet from rear street line, and in the event the property owner is operating a home occupation or profession, not just for personal use, from the 10.5 by 10.6 shed, a special permit from the Town Board pursuant to Town Code, Chapter 301-14B5, shall be required. In accordance, with the applications and sketches with amendments thereto, if any, as filed with the building inspector. If members of the Zoning Board of Appeals, if I may, and we'll just add that the relief for the small shed is granted with the added condition that you repair the fence as you agreed to with your neighbors earlier. Put the slats back in. We will do that. Second. Okay. Mr. Portia. Aye. Mr. Weske. Aye. Mr. Barnes. Aye. And I vote aye. Okay. Thank you. I appreciate the considerations. Good luck. Thank you. All right. Do we have anything open here? We have the April 24th, 2025 minutes and also the May 8th, 2025 minutes. Somebody move them? So moved. Second. Second. All right. Mr. Portia. Aye. Mr. Weske. Aye. Mr. Barnes. Aye. Mr. Gazzillo. Aye. And I vote aye. Okay. And our next meeting. You can take it. Our next meeting date is July 10th of 2025. So we do not have a meeting on June 26th, 2025. The next Zoning Board meeting date is July 10th, 2025. Okay. So we can make a motion. So moved. Second. Second. All in favor? Aye. Aye. Thank you. Thank you. Motion. [transcription gap] Motion to close. Yes. Motion to close. Motion. Motion. Motion. Thank you.