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Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. YEAH, I MEAN, IF THAT'S OKAY. SO YOU'RE AMENDING ALL THAT, RELOCATING. OKAY. THEN YOU'RE GOOD. FIGURE LOGISTICS ON MOVING IT, YEAH. YEAH, THE PROBLEM I SEE YOU HAVE IS, I MEAN, AT BEST, THE PROPERTY ITSELF IS ONLY 50 FEET WIDE. RIGHT. IF YOU CAN PUT A 28-FOOT HOUSE IN THERE, WHICH IS NOT A LOT, IT'S GOING TO GET TIGHTENED BY THE NIGHT. I HAVE NO PROBLEM WITH THIS. SO MR. CHAIRMAN, WITH RESPECT TO APPEAL NUMBER 2025-026, I MOVE THAT THE APPEAL OF AGNESKA GASK, 459 HAMILTON AVENUE, RIVERHEAD, SUFFOLK COUNTY TAX MAP 600-123-2-71, RESIDENCE RA-40 ZONING. PREVARIANCE IS INTO RELIEF FROM TOWN CODE CHAPTER 301-11. WE'RE PROPOSED FRONT YARD SETBACK IS 9.5 FOOT. MINIMUM REQUIRED IS 50 FOOT. WE'RE PROPOSED SIDE YARD SETBACK IS 3.3 FOOT, 16 FOOT. MINIMUM REQUIRED IS 25 FOOT. WE'RE PROPOSED COMBINED SIDE YARD SETBACK IS 19.8 FOOT. MINIMUM REQUIRED IS 50 FOOT. WE'RE PROPOSED IMPERVIOUS SURFACE COVERAGE IS 40.2 PERCENT. MAXIMUM ALLOWED IS 15 PERCENT. IN CHAPTER 301-9A1C, WE'RE PROPOSED REAR YARD ACCESSORY SETBACK IS 2.5 FOOT. MINIMUM REQUIRED IS 20 FOOT. BE GRANTED SUBJECT TO THE RELOCATION OF THE 12.5 FOOT BY 9.4 FOOT SHED TO A MINIMUM DISTANCE OF FIVE FEET AWAY FROM THE REAR AND SIDE PROPERTY LINES. BE GRANTED IN ACCORDANCE WITH THE APPLICATIONS AND SKETCHES WITH AMENDMENTS THERETO, IF ANY, AS FILED WITH THE BUILDING INSPECTOR. SECOND. MOVED AND SECONDED. MR. ZAWSKI. AYE. MR. GAZILAV. AYE. AND I VOTE AYE. I JOIN YOU ALL. THANK YOU. GOOD JOB, MS. MCNAMARA. THANK YOU. HAVE A GOOD EVENING, EVERYBODY. GOOD NIGHT. NEXT APPEAL IS APPEAL NUMBER 2025-027, JOHN SULLIVAN, 108 BEACH ROAD, WAITING RIVER, SUFFOLK COUNTY TAX MEP NUMBER 600-26-3-52, RESIDENCE B-80 ZONING FOR A PROPOSED SINGLE FAMILY DWELLING. APPLICANT REQUESTS VARIANCES AND OR RELIEF FROM TOWN COUNTY COUNTY LAW CODE CHAPTER 301-31 WHERE PROPOSED FRONT YARD SETBACK IS 44 FEET. MINIMUM REQUIRED IS 60 FEET. PLEASE RAISE YOUR RIGHT HAND. I SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH, SO HELP YOUR GOD. PLEASE STATE YOUR NAME AND ADDRESS. I'M A ZAWSKI, 30 STOLER DRIVE, EAST QUACK, NEW YORK, 11942. I'M HERE ON BEHALF OF MY CLIENT, THE PROPERTY OF 108 BEACH ROAD AND WAITING RIVER. THE LAD IS 8000 SQUARE FEET, SINGLE AND SEPARATE SINCE 1953 AND IS LOCATED IN R.B. CURRENT ZONING DISTRICT. WE ARE REQUESTING A MINOR RELIEF TO ALLOW CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE. THE CODE REQUIRES A 60-FOOT FRONT YARD SETBACK AND WE'RE PROPOSING 44, A RELIEF OF 16 FEET. THIS LAD DID COMPLY WITH THE SMALL LAD ORDINANCE RELIEFS. THIS HAS BEEN CONFIRMED IN A DENIAL LICENSE. THE LAD IS A HIGHWAY DEPARTMENT RESIDENCE. THIS PROPOSED HOME WILL BE TWO STORE RESIDENCE WITH 1200 SQUARE FOOTPRINT. THERE WERE NO PREPARATION AND NEIGHBOR THAT I THINK IS HERE TONIGHT RAISED CONCERN ABOUT FLOODING ALONG SIXTH STREET WHICH EXTENDS OFF OF BEACH ROAD. AFTER CONSULTATION WITH HIGHWAY DEPARTMENT WE LEARNED THAT SIX STREET IS NOT A DEDICATED TOWN ROAD BUT A PRIVATE STREET AND IT'S UNCLEAR WHO IS RESPONSIBLE FOR THE DRAINAGE OF THAT ROAD. WHILE MY CLIENT IS NOT RESPONSIBLE FOR SIXTH STREET WE WANT TO BE GOOD NEIGHBORS. WE COMMITTED TO PROVIDING ADEQUATE ON-SITE DRAINAGE TO MANAGE RUNOFF FROM THE NEW HOME INCLUDING THE INSTALLATION OF DRIVALS AS RECOMMENDED BY ENGINEER WITH THE FLEXIBILITY TO OVERSIZE THEM IF NECESSARY. THIS WILL ENSURE OUR PROJECT DOES NOT ADD TO EXISTING CONDITIONS. WE ALSO UNDERSTAND THE AI SANITARY SYSTEM WILL BE REQUIRED AND WILL OBTAIN APPROVAL FROM THE DEPARTMENT OF HEALTH BEFORE MOVING FORWARD TO THE BUILDING OF THE NEW HOME. I RESPECTFULLY ACT FOR THIS APPROVAL OF THIS MODEST SETBACK RELIEF SO THAT MY CLIENT CAN PROCEED WITH BUILDING ON THIS LONG ESTABLISHED LAND. THANK YOU FOR YOUR TIME. ANY QUESTIONS? I UNDERSTAND CORRECTLY THAT YOUR CLIENT IS PREPARED TO COMPLY WITH ANYTHING REQUIRED BY THE BUILDING DEPARTMENT RESPECTING GUTTERS AND LEADERS AND DRIVALS. THANK YOU. OKAY? YEAH, THANK YOU. OKAY. IS THERE ANYONE IN THE AUDIENCE THAT WANTS TO ADDRESS THIS? YES. WE'RE HERE. YES. PLEASE STEP FORWARD. OKAY. I GUESS. CAN WE ALL COME TOGETHER? ONE AT A TIME, PLEASE. AND GO TO THE PODIUM, PLEASE. OKAY. I'LL START BECAUSE I'LL BE JUST SAYING I'M DAN WEEKMAN. GET TO THE PODIUM FIRST, PLEASE. OKAY. PLEASE RAISE YOUR RIGHT HAND. I DO SOLEMNLY SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH OF THE TRUTH AND NOTHING BUT THE TRUTH. SO HELP ME GOD. PLEASE STATE YOUR NAME AND ADDRESS. DANIEL WEEKMAN, 118 BEACH ROAD WAITING RIVER. HOW CLOSE ARE YOU LOCATED TO THIS HOUSE? ARE YOU NEXT DOOR OR ACROSS STREET OR WHERE? I'M RIGHT NEXT TO THEM GOING NORTH ACROSS 6th STREET. OKAY. THANK YOU. GO AHEAD. SO ONE CONCERN I HAVE, BY THE WAY, I THINK THERE'S A REQUEST FOR ONLY ONE VAR. WHEN THE APPLICATION I RECEIVED SHOWS A REQUEST FOR TWO VARIANTS. ONE, AS THEY STATED, THE SECOND SHOULD BE FOR 6th STREET. AND IT'S IN THE REPORT. IT'S ON THE PLOT PLAN THAT THE ARCHITECT MADE. ON 6th STREET'S SIDE, THEY'RE ASKING FOR 20. THE REQUIREMENT IS 60. NOW, I E-MAILED THINGS TO HEATHER TODAY. I SAID, I'M NOT GOING TO BE REQUESTING FOR 20. I'M GOING TO BE REQUESTING FOR 20. I SHARED THEM WITH THE BOARD AND THE BOARD'S COUNCIL. OKAY. GOOD. THANK YOU. THANK YOU. WHERE DO WE, JUST FOR THE RECORD, DO WE HAVE TWO VARIANTS REQUESTS HERE? NO, YOU DO NOT. NO, YOU DO NOT. NO. YOU DO NOT. IT'S IN THE COPY OF THE APPLICATION THAT I GOT FROM THE WEBSITE. THERE'S TWO ITEMS. BUT IT'S ALSO IN THE ARCHITECT'S MIND. WHO PUT DOWN, I MEAN, IT'S EVIDENT, SELF, FROM THAT, THAT THERE SHOULD BE ANOTHER VARIANTS REQUEST. WELL, THEY'RE APPEALING THE DETERMINATION FROM ANDRE, A SENIOR BUILDING INSPECTOR. RIGHT. SO THE APPEAL IS NOT DEVIATING FROM THAT. WHAT SOME MAY PLACE ON A SURVEY MAY OR MAY NOT BE RELEVANT TO THE ZONING OFFICE OF THE INSPECTOR. SO IT'S A DETERMINATION. IN ADDITION, I HAVE A QUESTION FOR YOU. SO YOU'RE DIRECTLY ACROSS THE STREET, CORRECT? DIRECTLY ACROSS. AND WHAT IS YOUR SIDE YARD? FROM THE HOUSE TO 6th STREET? WELL, IT WOULD BE 6th STREET. AND I HAVE A PICTURE. I HAVE TWO PICTURES THAT WOULD HELP, BUT UNFORTUNATELY. SURE. DO I GIVE THEM TO YOU? WE CAN PUT THEM UP ON THE TABLE AND THEN THEY'LL COME UP ON THE SCREEN. OKAY. YEAH, SO THIS IS THE FLOODING ISSUE. OH, OKAY. I DIDN'T ANSWER YOU. OKAY. THAT'S NOT THE ANSWER TO YOUR QUESTION QUITE YET. CAN YOU PUT THIS ONE, TOO? THANK YOU. WE'LL GET TO THAT BORDER IN A SECOND. I'M JUST TRYING TO CLARIFY. THAT'S 6th STREET THERE TO THE RIGHT. AND THIS WILL SERVE TWO PURPOSES. MY HOUSE IS TO THE LEFT. AND THIS HAS RECENTLY BEEN DONE, THE LITTLE TREES AND THE GREENERY THERE. UNFORTUNATELY, WHEN THEY CAME TO POST THIS SIDE, YOU CAN SEE THEY RAN THEIR TRUCKS. WE'RE IN A VERY TIGHT AREA THERE. JUST SO WE KNOW, WE'VE ALL BEEN THERE. OH, YOU KNOW, I HEARD. OKAY, GOOD. WE VISIT THE SITES. OH, GREAT. THANK YOU. SO THIS ROW OF ARBIVITES? YES. THAT'S ON THE APPLICANT'S PROPERTY OR YOUR PROPERTY? THAT'S ON MY PROPERTY. OKAY. OKAY. THOSE ARE YOURS? YEAH. OKAY. AND THEN, LET'S SEE, WE CAN GO TO THE OTHER PICTURE. THIS IS THE OLD, IT DOESN'T LOOK LIKE THE ARBITER'S AND EVERYTHING. THIS IS THE OLD ONE. AND BEFORE WE DID ALL THE WORK. BUT THIS GIVES YOU AN IDEA OF THE PROPERTY, WHICH IS RIGHT ACROSS THE STREET. SIXTH STREET THAT YOU'RE JUST LOOKING AT IS UNDERWATER. I MEAN, I COULD WALK UP TO IT AT POINT. BUT THE LOT IS ACROSS. AND THEN SIXTH, WHICH IS A GOOD 12 FEET WIDE, IS UNDERWATER. AND THE WATER IS COMING CLOSE TO MY HOUSE. SO ALL THAT WORK YOU SAW I DID RECENTLY, BECAUSE I'M TRYING TO GRADE MY PROPERTY SO THAT WHEN THERE'S THE NEXT HEAVY RAINFALL THAT IT DOESN'T COME SO CLOSE. SO YOU SEE, I HAVE AN ONGOING ISSUE WITH WATER. AND SO COULD YOU DO ME A FAVOR? COULD YOU APPROACH THIS PHOTOGRAPH AND SHOW ME WHERE YOUR HOUSE IS, WHERE THE ROAD IS. NO, IF YOU DO IT RIGHT ON CAMERA. NO, IT IS. RIGHT ON CAMERA. IT WILL, AND THEN SHOW ME WHERE THE APPLICANT'S PROPERTY IS. RIGHT ON CAMERA. IT'S A POINT TO THE PICTURE. OH, I SEE. OKAY. GREAT. ALL RIGHT. SO, NO, DON'T MOVE THESE. OKAY. LET'S SEE. THESE ARE THE STEPS FROM MY HOUSE. OKAY. YOU SEE THAT, RIGHT? AND IF YOU, THIS BITCH IS NOT ON YET, IS IT? NO. OKAY. SO JUST HERE. SO THIS IS COMING DOWN FROM THE HOUSE. BUT THIS HAS ALL BEEN REDONE NOW. SO WAS THAT YOUR REAR YARD BEFORE YOU REDID IT? IT'S NOT A REAR YARD. IT'S A FRONT YARD, SO TO SPEAK. I HAVE A REAR YARD THAT'S SEPARATE. OKAY. IS THIS THE, QUOTE, FRONT YARD? FRONTING ON SIXTH AVENUE? ON SIXTH STREET. YES. YES. YES. SO THIS IS THE FRONT OF YOUR HOUSE, THOSE LITTLE WHITE STEPS. YEAH. AND YOU'RE LOOKING OUT ONTO SIXTH STREET. CORRECT. AND THAT'S WATER ON SIXTH STREET. YES. FROM A HEAVY RAIN. THAT'S A HEAVY RAIN. AND WHAT PROPERTY IS TO THE OPPOSITE SIDE WHERE THE FENCE IS? OKAY. TO THE LEFT. OKAY. SO THIS IS THE FRONT YARD. YES. SO THIS IS THE FRONT YARD. YES. SO THIS IS THE FRONT YARD. OKAY. SO THIS IS THE FRONT YARD. OKAY. SO THIS IS THE FRONT YARD. OKAY. SO THIS IS THE FRONT YARD ON THE OUTSIDE WHERE THE FENCE IS. OKAY. TO THE LEFT. YEAH. THAT'S A COUPLE RIGHT THERE. SO COULD YOU POINT TO THAT ON THE PHOTOGRAPH? YES. THAT WOULD BE HERE. AND THEY HAVE ACCESS THROUGH SIXTH STREET TO GET TO THEIR HOUSE. OKAY. AND THIS IS BEACH, HERE. OKAY. SO IT APPEARS THE HOUSE IMMEDIATELY TO THE EAST OF east of yours on the same side as 6th Street has a considerable amount of water okay yes okay and when you say house you're talking so we have their house to the east is where the fence the ugly fences it's got I'm just going to show everybody yeah so this property in here yes that's your neighbor immediately to the east no so that's also my property too so it's hard to tell from the picture significant water on that property this last there was this year was last year when we had that you know once in a hundred okay yes and and that is so yeah you know the argument I realized that the water is coming from the rain and that sort of thing one of my main uh concerns is of course to to capture maybe some of it but the big thing is about grading as we build this we have to have a plan for grading because that property goes up otherwise we don't more water will get pushed my way I'll build a wall and before you know what 6th Street will be a canal and they'll never get you know you know what I'm saying well so we have to have a plan a management plan whatever they call it for when they build how we're going to do the grading and specifically too otherwise correct me from wrong yeah their property it it runs it runs on a slope it's like it's correct and the slope runs I guess you would say from the south north is that correct that slope runs from um the east for the west correct guys let me just think it's at 6th Street so they're up higher on 6th. They're there. They're higher now. Yeah. at their own. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. they're going to put a basement in it would actually lower that slope to be less runoff well my explain to me why not well i don't know i don't i don't even know anything really about it i don't understand if they're going to put a basement in okay this new house yeah yeah right it's going to basically if it's going to be any water and it's going to run to the basement you would think so because they have a door on that side well just saying yeah we anticipate to be a basement there so if i understood the comments that you just made a portion of their property is at a higher elevation than sixth street and then your then your property correct yes so there so that exists they didn't bring in phil and create it that lot is configured in such a way that there are portions of the property that are not built in the basement and they're not built in the basement and they're not built in the basement and they're not built in the basement of it that naturally have higher elevation yes as you're going uh south it clearly goes up that line correct right so again how you're going to design this this should be some kind of design with the level level of the ground and which way it's slow if you look at the detail right and the architect uh engineered design uh it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it uses it required to remediate stormwater runoff on other people's property that are not related to their property and their improvements. Right. So a question would be, because it's new to me, if they decided to build up the lot, just build it up, put their house on a much higher level, and the water comes, now they're higher than me, so the water won't go up. The water will accumulate more on my part. That's my problem. So, as I stated, under the law, they have to maintain their own stormwater. Right. If they, quote, designed their land and constructed their improvements, their house, in such a manner that they were not maintaining their own stormwater, that would be an issue. Between the parties. Between us. Right. Well, again, this is a good time to bring it up, though, because I don't know about it, so that's why I was thinking, I studied, I know you mentioned that the town already, there are regulations in place. I know when they have to go to a dry well, but I really don't know, I haven't gone to an engineer or anything, the first thing to recommend, other than to say, look at the water, I understand what you said about it. But it's not water. It's not water. You're asking us to look at water. That truly is. It truly appears to be impacting your property. Oh, let me make a correction. Yeah, you can't see it, but here. This is the edge of their property. Right. It goes in 30 feet, and it's deep. Yeah, I couldn't capture it in this picture. But it's so, you know what it is, we're on a very low, low spot there. We're at the bottom. So the property and us, both of us, are in the ground zero of the bottom of the well, so to speak. And so it is going heavily into their side. It's not like it's all on mine. So what they can do is maybe start building it up. Then I can do it too, and I can even put a wall up, and before you know it, we can turn 6th Street into a canal. So I'm not sure how you designed your property. The way they're proposing to design is they've put a lot of engineering. Yeah. Into it to manage their stormwater. I mean, the plans make it clear. They. You referenced that. I didn't see much on that. And the plans, I have the plans. Can you put that up? Sure. I know. Did you hear them indicate before that they're going to maintain stormwater, be a gutter's leader since dry season? Yeah. Yeah. They're going to keep the high walls as required? Did you hear that? I did. All right. So I wanted to speak. Because when that's being said, who is actually going to be checking on that? Is the building inspector? Yes. That's correct. That's why, yeah. That should satisfy you. Well, but I just wanted to see some detail on what you said. There's a lot of detail here. Look at this. I didn't get this. But where are the water? capture there's a french drain i think in the cellar entrance stairwell okay that's a french drain what about dry wells i don't know if they're specifically on that plan can the applicants representative speak to maybe where they would be placed or they may not be represented they've indicated they're going to supply it i heard it and by the way i'm not this i'm just wondering you know for the first time how do i you know know these things are going to happen um what what recourse do i have they don't happen it's going to be inspected and that's one of the provisions that we we're probably going to include in it okay because it's it's a sort of a gray area for me but other than that um i think we've covered that enough um except of course we're going to get back to that we have one or two variances here because and steve is going to talk about it it's a lot of a lot of feet they're asking for in addition to the small lot ordinance which is really designed to help you get it so i used it a small house has smaller but now they're asking even for more beyond the small lot um and on the side it's it's 40 feet so just in general i mean just steve will talk it just seems like a big ask but is is this that you saw it a lot it's very tight you know to to put a house in there it's been empty for years um i'm a little concerned so if i may ask you a few questions so your issue quote in your opinion uh additional relief should have been included in the additional relief should have been the 60 feet from uh the road correct yeah which which okay so the curious thing is you know the zoning board tasks uh staff and its lawyer to do research so when i did research on your parcel you don't meet that 60 feet i i first of all the the all the old house may not but the the new extension i put on and i'm glad you did the research that wall was subject to sixth street in other words i did a small lot on inside it okay so this property yes this applicant yes is subject to the small lot as well yes okay your house is 32.3 feet from sixth street correct okay so you don't meet the 60 feet if it was under the regular code um so you received relief from the 60 feet because you're 32.3 correct no i i really i i got no relief i i qualified under the small lot ordinance okay so why do you believe that this applicant similarly does not have the benefit of the small lot ordinance help the benefit i was just thinking i qualified under the small lot ordinance without i didn't want to go for a variance so i did whatever they asked me including sixth street but we went to the building department andreas the whole thing that 32 you mentioned that was all part of the requirement for me to put the extension on the house okay and i met it because and and i was so we're missing something now in the translation yeah heather the application that we're hearing tonight does that lot qualify under small lot ordinance yes so according to andreas's denial letter it meets all other setbacks and complies with the small lot ordinance with the exception of the front yard setback which is 44 feet small lot ordinance speaks to side yards rear yards and lot units so that's what we're talking about area for pre-existing non-conforming lots um it does not have any relief for front yard setbacks so any small lot regardless of them being able to meet the requirements of the small lot ordinance in terms of other setbacks has to meet the zoning setbacks for a front yard so that's why they're asking for relief for a front yard so andreas made the determination that all other setbacks were in compliance with chapter 301-222.1 so the same relief you got by applying the small lot ordinance you believe should not apply to this application yeah we're missing that's not at all i i i fulfilled the requirements of the small lot ordinance including the use of streets beach street and sixth street there were separate requirements for footage for them small lot is not all inclusive of of the of the side yard distances and this is what we had to clarify because i i i came here yesterday i spoke to two people who were one in the building and and one in planning and they checked the regulation and said the side yard on 60 on sixth street uh is should be 60 feet period with all due respect your lie is also on sixth street yeah so yeah and you don't meet the 60. it doesn't you did not get a variance because it was different i did it each other i thought that's distinction without merit if you have any other points i'm clearly here but right now that's distinction without merit well yeah it's your hearing so that's well you know we're just not in agreement there but but that's okay um well let me let me ask you another question you have a garage and i believe heather correct me if i'm wrong is it 10 foot side yard

that too that's 10 feet from the side property line the small lot ordinance does speak specifically to accessory structures and for lot areas from zero to 39 999 square feet for side and rear street line setbacks a minimum of 20 feet is required under the small lot ordinance so under the small lot ordinance right

have you claimed that you have a lot of space in the property and you have a lot of space in the garage and you claim pertain to your lot the garage doesn't meet those requirements that's incorrect it does not well first of all not only did it go through a building personally it's an accessory building and and and it's at the rule there as i can remember was 10 feet from heather can you quote that again just one more time so for accessory structures inside and rear yards it's 10 feet but accessory structures inside side and rear yard street lines it has there's a chart but it's a little bit more complicated than what you just said but it's a little bit more complicated than what you just said but it's a little bit more complicated than what you just said but it's a little bit more so the property line does speak to a distance from a side or a rear street line it's 20 feet and i believe in 20 feet you're 10 feet according to the property line but the property is is 10 feet from the road we we've been over this many times i did not invoke any kind of variants you know we did everything according to that as it may i think the zoning board and council that your house itself is less than 60 feet from the side yard of Budding Side Street and you say that the small lot ordinance granted you that, you didn't have to go for a variance. That's why Andreas made this determination in his letter because they too are covered under the small lot ordinance in terms of side yards. Okay. I thought there were different distances for side yards by the way when they applied it to me but I can't, I'd have to go back to my records. It's the same area so if you would fall under the same small lot ordinance that's being applied here, it hasn't changed. Right. I'd have to look at what is my distance from the extension to 6th Street did you say? 32.3 feet. And I know that qualified because we went over it and I would have, if it didn't, we would have done something about it. Because the total dimensions for both sides. Side yards for a principal building shall be computed on the basis of four tenths of the lot width. However, no side yard dimension shall be less than four tenths of the total dimensions of both yards computed as aforesaid and no side yard dimension shall be less than 10 feet. So the lot that's before the zoning board tonight is only 60 feet in width. So when you do the four tenths rule, you come up with a combined total side yard setback of 24 feet. Then further computing that with under the four tenths rule. It ends up being.

9.6 feet. But small lot says no side yard dimension shall be less than 10 feet. Are we talking about my extension? No, I'm talking about the appeal that's before tonight. In your case, your size, if you're saying small lot in this, under this term applied to your lot, your lot width is 80 feet. So they did that four tenths rule based on your lot. Right. On mine, I'd have to go back and check on this one here. All I wanted to introduce. What? Was that the side yard next to a road. And I came here and I checked yesterday should be 60 feet. But be that as it may. We'll put that to rest. Do you or there are two other individuals that you're with? Do they have something to add? They do. I think they'd like to just talk in general. It is the purpose of this meeting, I think, to talk about just in general why you think a house shouldn't be there. You can tell. I think you've made your point. Why? You think that shouldn't be there? No, the point here being that this is what we're talking about, just everybody, right? Everybody has an opportunity to speak. Okay, Steve. Okay, so should I go back, or should we stand next to each other? One at a time, please, at the podium. We're married. And Heather, those records are part of the record. So you can come up together. Thank you. I appreciate that. Introduce yourselves individually. Okay. I'm going to swear both of you in. Sure. Please raise your hand. I'll take you one at a time. Please, you solemnly swear to tell the truth, the whole truth, and nothing but the truth, so help you God. Yes. Okay. State your name and address. Steven Camerata, 110 Beach Road. Yep. Holly Warshaw. I never changed my name, sorry. Go ahead. What do you offer? Yeah, I was just going over some points with the property. You know, I was worrying about, you know, erosion of neighborhood character and risk of overdevelopment. The charm of the area lies in natural buffer zones and generous space in between the homes. Beach Road's a little unique where we have buffer areas between houses. You know, it's one of the prime reasons why we moved out there, which provides privacy and preserve the rural character of Weyton River. Reducing the lot frontage to 44 feet disrupts that balance and sets the precedent for denser, incompatible development. Once granted, this could make it harder to deny similar requests leading to incremental overdevelopment that permanently alters this neighborhood. Second point is increased traffic and safety concerns on a shared right of way. The property question shares a private road right of way in several existing homes, including mine. Reducing the lot frontage to allow the denser development will likely introduce additional drivers, highways, and more vehicle traffic along this already now privately maintained road. This increased risk of congestion, limited visibility, potential conflicts between vehicles and pedestrians, especially in the area that lacks sidewalks or sufficient road with for safe passing. The right of way was never intended to accommodate higher density of housing. Overburdening it with more frequent use would negatively impact all residents, rely on it for safe daily access to their homes granting the variance would compromise both road safety and livability of surrounding properties the potential impact on property values my home is located very close to the property in question i'm deeply concerned about the impact that some this proposed variance could have allowing denser lot development by reducing the minimum foot frontage from 64 66 feet to 44 feet would directly affect the character and spacing of our immediate neighborhood like many residents i purchased my home with the understanding that the zoning law is insured the consistent standard of lot size and density the sun change in these regulations especially so close to my property not only disrupts the expectation but also the risks of law and property values including my own

i know demonstrated hardship as a zoning grant should be only be granted when faces real or specific hardship that prevents them from using the property under existing zoning regulations and in this case the request appears to be driven by a built-in desire to improve financial return which does not qualify as a legitimate hardship under zoning law

drainage problems and environmental impact on neighborhoods the property in question already has drainage issues particularly during heavy rains and snow melt and reducing the lot frontage will only make the situation worse there are smaller lots meaning less open space for water absorption fewer buffer zones and more impervious surfaces like driveways and foot rooftops increases the density on site that already struggles with water management management poses serious risk to neighborhood properties including mine which would experience increased runoff pool and refloating as a result

yeah sorry thank you respectfully um i respect that they want to build a house there i respect they bought the property and i understand that i do feel that the house that they want to build is large for the size property as it is you said that you had gone out there and you had seen the Sale Sale

Sale way to get to our house is that driveway. There's no other way for us with the other houses like Denny's or the person that they're building. I'm not sure if they're building their own driveway, but that's it for us. So if it floods, which I understand, we kind of take care of that because the town does not. So we put in the driveway because it was dirt, which we had to do because it was like canoe village. So I just have a lot of concerns about the size property, the impact that it's going to have. Again, I get that they want to build a house. I just think it's very large, too big, too tall. And I have concerns about where they're going to put the cesspool. I have concerns about that it's going to affect my tiny little cottage. The area itself also, like if you look at a topographic map, it actually has, this actually acts as a sum. Like it clearly, it shows that that area is like a hundred percent flood zone area. So basically it gets like 10 inches of rain deep by probably like 30 feet by 40 feet deep. I don't think, I mean, unless they do some calculation that they can prove with the French drain and other drainage systems, I don't think it's going to actually be able to suppress the rain issue. They actually have, the town installed three wells further down on next street and next, they cannot contain the water. Mr. Camerata, forgive me, there's a couple of points you made. I can't put my head around. You said it's going to increase traffic. One house, how much of an increase for one house? Is this a single family house? Well, it's from our traffic. So Denny's house, he has traffic coming in and out from the house from his side. And there's also traffic that comes and goes from all sides. But that's the existing traffic. But tell me, how does this dramatically increase the traffic? It's one single family house. The house could have four cars. I mean, no matter what we build there, it's going to increase traffic. So show me something dramatic. I think the bigger point is what I was saying, which is... I'll get to that. Secondarily, you said about decreasing property value. We've all seen that. It's a vacant lot. You point out that it's more attractive than a new house? The appeal for our property, for ours specifically, is that because we're a flag lot, we look onto a forest. Otherwise, we'd be looking at the backside of a house. I'll be quite candid. I reject the argument that it's going to decrease the property values. Look, please don't interrupt me. I won't interrupt you. We've all been there. We've all seen it. And for lack of a better word, it's not exactly... It's a pretty network. For lack of a better word, it's unsightly. And how do you say it's going to decrease property values? And with respect to the idea of no hardship, it's the expression, equity abhors forfeiture. If you don't build a house there, that property is useless. That's the hardship, that if they don't build a house there, it's useless. And with respect, ma'am, to your remarks about the flooding, they've already indicated they're going to take the necessary steps. And according to... The building department, who assured that there'd be no flooding issues. I mean, do they have statistics of how many gallons that they can actually suppress? It's not necessary. But they've assured us that they'll take whatever steps. And it's really not before us, the water. That's the building department, and they'll see that the law is false. With the easement, with the driveway, you mean, not with their property? I'm sorry? With the... You're speaking of the drive... The easement, the driveway to get to a... The property, that water, not the flooding on their property, just the water on our driveway. Anything about the water? When you talk about the driveway, you're talking about utilizing 6th Street, correct? Yes, yes. Okay. So, you have stated several times, currently, 6th Street, your driveway, floods. Yes. And it has nothing, or little. To do with this lot. Right, but putting a house on there... And a large house. I guess that's my point. I'm not... Respectfully, I'm not... Right. I just feel that the house that they're wanting to put there, I understand they want to build. That's their right. They bought the property. I just feel that it's quite a large house for that size property. It looks like it's about 1,000 square feet. And how tall is it? It's about 28 feet, according to the plan's maximum allowable height in our B80 zone is 35 feet. Okay. So, when I walk out of my house, I'm going to see six feet away from me, cellar stairs and a square. There are existing trees there, right? Oh, yeah. But obviously, they're going to have to be knocked down for them to... Right. Okay. So, I'm going to go ahead and... Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Anybody else? I don't know. Is there anyone else in the audience that want to speak on this variant? Do we have anyone on Zoom? Okay. Thank you. All right. Mr. Chairman, with respect to appeal number 2025-027, I move the appeal of John Sullivan 108 Beach Road, Wading River, SCTM number 600-26-3-52, residence B80, all the way from rb80 zoning but variances and or relief from town code chapter 301 there's 31 with proposed front yard setback is 44 feet memory required is 60 feet be granted subject to the following all storm water to be maintained on site via gutters leaders and dry wells for other means as required by the building department and in accordance with the applications and sketches what amendments there too if any is filed with the building inspector seconded seconded mr zorsky all right all right and i vote aye so that's granted and just following the law

we have minutes from the july 24th uh and that should be 2025 meeting don't move to be approved in favor aye aye next meeting date is september 11th 2025. so moved all in favor aye thank you

all in favor aye

moved it moved