September 11, 2025 — Zoning Board of Appeals

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0:00The American Pronunciation Guide Presents ''How to Pronounce Sound''
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2:30A long-form order will shortly be issued, the essence of which is as follows.
2:36Based upon the record, the area of variance is granted in part and denied in part.
2:41The zoning board determines that there is no reasonable prudent or alternative for location of the detached garage,
2:48though seaward of the mapped coastal erosion hazard line, and the location of the scene is the most level area on the subject parcel.
2:58In addition,
3:00the garage is proposed to be located on a slab, reducing earthwork, excavation and disturbance,
3:07and therefore the proposed garage is granted.
3:10Secondarily, the zoning board hereby denies the request for relief for the second accessory structure
3:16in paren described as the writer's studio, close paren,
3:20together with its expansion of driveway, sanitary system, retaining walls, and proposed areas of disturbed vegetation.
3:29The proposed area is the second accessory structure,
3:30the planning board and building department shall omit and reject approval slash permit
3:35for that portion of the plans which depicts or describes disturbances beyond the existing driveway slash parking area.
3:43To it, second accessory structure in paren described as the writer's studio, close paren,
3:49together with its expansion of driveway, sanitary system, retaining walls, and proposed areas of disturbed vegetation,
3:57the same are denied.
3:59Second.
4:01Second.
4:02All right.
4:03Mr. Portia.
4:04Aye.
4:04Mr. Sieski.
4:05Aye.
4:06Mr. Gazzillo.
4:07Aye.
4:07And I vote aye.
4:08Okay.
4:08So that's been read.
4:11Heather.
4:12Okay, we're going to go slightly out of order for our public hearings.
4:16So we will take appeal number 2025-029 first.
4:20Yvonne Ferrara, 25 Nautical Drive, Riverhead,
4:25!600-14-1-36, Residence A40 Zoning.
4:31For a proposed addition to residence, deck, and porch, applicant request variances and
4:35or relief from Town Code Chapter 301-11, where proposed rear yard setback is 29 feet,
4:41minimum required is 60 feet, and where proposed front yard setback is 16 feet,
4:46minimum required is 50 feet.
4:47All right.
4:48Mr. DeLuca, please raise your right hand.
4:51Do you solemnly swear to tell the truth, the old truth, and
4:54nothing but the truth, sir?
4:55I'll be loud.
4:56Thank you.
4:57Please state your name and address.
4:59Jim DeLuca.
5:00I live in 12 Wendlandt East, Riverhead.
5:03I'm the architect for this job.
5:06I want to thank the board for hearing this case this evening.
5:09Very simply, the occupant
5:15wants to raise the house up and put a basement under it for
5:22partly living, partly storage.
5:24And the house is being expanded slightly on the enclosed porch to the same perimeter
5:35or the existing envelope that exists.
5:38The two variances we're seeking is the front and rear yard.
5:42The front yard is a 16-foot variance, and that's to the stairway that has to be installed,
5:52the platform and stairway.
5:54It has to be installed.
5:54Because the house is being lifted up out of the ground several feet to accommodate the basement area.
6:03And in the rear yard, a deck, we're going for a 29-foot variance.
6:09Because the house, again, is being lifted up.
6:12The rear foundation is being exposed for light and ventilation for
6:17the proposed rooms down in the basement.
6:21And the deck is the extra, and
6:24the front is the exiting out of the first floor on the rear side of the house.
6:29The front is actually in conformance with most of the buildings on the street.
6:35Several have the same condition, have the same porches that extend out into the front property area.
6:43So that's really basically in conformance with all the rest of them.
6:48The rear yard is a little bit more substantial.
6:54And it has a, because of the deck.
6:57But the deck actually serves two purposes.
6:59It's a place for them to exit the building and
7:03also to put their furniture on, their patio furniture and things of that nature.
7:10The property does slope very severely towards the east.
7:15So the deck area is the most convenient way for them to put their,
7:24outdoor furniture and different things.
7:26The place is going to be cleaned up.
7:28The basement area is going to be cleaned up.
7:32All the accessory temporary structures are going to be removed.
7:37And if we get the variance, we're going to start on the drawings immediately.
7:43Any questions here?
7:49Audience have any questions on this variance?
7:51No one's streaming it?
7:51No.
7:52Okay.
7:53Thank you.
7:53Is there any questions?
7:54No one with their hand raised.
7:56Okay.
7:56Who's next?
7:58Mr. Chairman, can I just make two small comments?
8:06Absolutely, please.
8:08So I know you're aware that the plan submitted to the zoning board
8:14did not include the described dimensional relief by the surveyor.
8:22Right.
8:23So I'm just going to ask you to comment on that.
8:24Okay.
8:25So the plan submitted to the zoning board, in the future, that's going to be required
8:26always, or the zoning board will not review the application.
8:31We were able to pull the building department file, and I know that you submitted updated
8:37plans.
8:38I also want to confirm, because again, there are no setback dimensions set forth, it says
8:47shed to be removed.
8:48Is that going to be removed?
8:49The existing?
8:50Yeah.
8:51You have here the existing plan.
8:52So the existing plan.
8:53You have here existing shed to be removed.
8:55Yeah.
8:56Those are the existing steps.
8:57We're taking those out, and they're going to be right angle steps.
9:00So the shed's going to be removed?
9:05The two existing, three existing steps are going to be removed.
9:08I'm talking about the shed identified on the survey.
9:12Yeah.
9:13Okay.
9:14Yeah, they're going to be removed.
9:15Yeah.
9:16Oh, you're talking about the back structure?
9:17Yeah, that's going to be taken out.
9:18Yeah, that's coming out.
9:19Okay.
9:20Thank you.
9:21Thank you.
9:23Thank you.
9:24Thank you.
9:25Yeah, right now, I have a little problem with the survey getting done.
9:30There's a problem.
9:31And that's why I mentioned it myself.
9:32I took the string of dimensions and backed it into the dimension.
9:33And now, I certified it myself.
9:34Right.
9:35Yeah, and I'll make sure that when I do the architectural drawings that it'll reflect.
9:36Right.
9:37Yeah.
9:38Okay.
9:39Thank you.
9:40Thank you.
9:41Thank you.
9:42Thank you.
9:43Thank you.
9:44Thank you.
9:45Thank you.
9:46Thank you.
9:47Thank you.
9:48Thank you.
9:49Thank you.
9:50Thank you.
9:51Thank you.
9:53Thank you.
9:54Thank you.
9:55Thank you.
9:56Thank you.
9:57Thank you.
9:58Thank you.
9:59Thank you.
10:00Thank you.
10:01Thank you.
10:02Thank you.
10:03Thank you.
10:04Thank you.
10:05Thank you.
10:06Thank you.
10:07Thank you.
10:08Thank you.
10:09Thank you.
10:10Thank you.
10:11Thank you.
10:12Thank you.
10:13Thank you.
10:14Thank you.
10:15Thank you.
10:16Thank you.
10:17Thank you.
10:18Thank you.
10:19Thank you.
10:20Thank you.
10:21Thank you.
10:2211 where proposed rear yard setback is 29 feet minimum required is 60 feet and
10:28where proposed front yard setback is 16 feet minimum required is 50 feet be
10:32granted subject to a final survey that will be required to be submitted in
10:39accordance with the applications and sketches with amendments there too if
10:42any as filed with the building inspector. Second.
10:46Move and second. Mr. Forsyth. Aye. Mrs. Westcott. Aye. Mr. Barnes. Aye. Mr. Zillow. Aye.
10:53Nibeau. Aye. Sir Farrant has been granted. Thank you very much.
10:56I appreciate it.
11:02Next we have appeal number 2025-028 505 Lincoln Street Opportunity Zone Fund LLC
11:09505 Lincoln Street Riverhead and 214 Marcy Avenue Riverhead Suffolk County
11:14tax amount numbers
11:16128-1-4 and 600-124-1-50.2 Village Center and RA 40 zoning for
11:25proposed off-site parking applicant requests variances and or relief from
11:30Town Code chapter 301-231 H where all required parking spaces shall be located
11:36within 200 feet walking distance of the premises served the proposed distance is
11:41approximately 370 feet and where parking spaces shall not be located any
11:46residents or residents not in the area of the parking space.
11:45Thank you.
11:46Thank you.
11:46Are there any other helt.
11:47Are there any other
12:03State your name and address.
12:05Kimberly Judd, 737 Roanoke Avenue, Riverhead, New York, for the applicant.
12:09I also have here Tom Nijen, who is the president of Polish Hall,
12:12who will be speaking after I'm done presenting the application.
12:17The subject property is located in the Village Center Zone District.
12:21It contains a little over 13,000 square feet.
12:24The property is conforming as the lot area in Village Center.
12:28The minimum lot area is 5,000 square feet,
12:31so we're more than double the size of the zoning district requirement.
12:35The property is improved with the preexisting building, about 7,737 square feet.
12:41I think everybody on this board is familiar with this building.
12:45It's been in existence my entire life.
12:48The applicant has submitted a site plan application to the planning board
12:51seeking approval to convert an existing warehouse building to a mixed-use building
12:57with nine apartments proposed on the second floor and an artist studio.
13:01On the first floor.
13:02These proposed uses are conforming as to the zoning in the Village Center District.
13:08This building is estimated to have been constructed around 1908.
13:12It was home of the Suffolk Potato Exchange.
13:16The Suffolk Potato Exchange went out of business about 1976,
13:19but the building continued to be used as a warehouse and offices for construction companies.
13:26The applicant herein, 505 Lincoln Street, purchased the property in 2022.
13:31The property benefits from a letter of preexisting use
13:34for a two-story cement block warehouse with one and a half bathrooms,
13:39three offices, partial unfinished basement,
13:42attached one-story warehouse with unfinished basement,
13:45which is all part of the submission.
13:48Pursuant to the town parking schedule,
13:50the applicant is required to provide 30 parking stalls.
13:54However, there is a provision in the Code 301-62B2,
13:59which permits 20% re-use.
14:01The applicant is required to provide a reduction in the required parking.
14:05In this case, it would be a reduction from 30 parking stalls to 24,
14:09where credible evidence is provided by traffic counts or data by a licensed traffic engineer.
14:15We did submit a traffic study by a licensed traffic engineer,
14:20by Delandro Andrews.
14:22That's part of the submission.
14:23The applicant in nearby Riverhead Polish Independent Club,
14:29which is better known as Polish Hall,
14:30has entered into a negotiation for a parking agreement
14:34where the client, 505 Lincoln,
14:37will pave, stripe, install drainage in Polish Hall's southerly parking lot
14:42in exchange for Polish Hall leasing the required 24 parking stalls
14:47that is required by 505 Lincoln to the applicant
14:50if the requested variance is granted.
14:54The parking calculations that were on the site plan
14:58that was submitted by David, I'm sorry,
15:00David, I'm sorry, David, I'm sorry, David, I'm sorry,
15:00Fox Land Surveying and the Traffic Study
15:03that was submitted by Delandro Andrews
15:05shows that Polish Hall has enough parking stalls
15:08for their business and to also provide
15:11and lease out the 24 stalls to the applicant.
15:13The plan and the study both show
15:17that Polish Hall requires 45 parking stalls
15:20for their business, where 83 stalls are being proposed.
15:25Polish Hall last month was granted administrative site
15:28plan approval from the Planning Board,
15:30the proposed parking lot and drainage improvements.
15:34We received a turndown letter in July
15:37because the 24 parking stalls are located
15:40in excess of 200 feet walking distance
15:43because the parking spaces are located
15:46in a residential district.
15:48The proposed parking area for Polish Hall
15:51is located across the street from the subject property.
15:54I'm sure that you usually all go and visit these properties.
15:59My client's property is shaped like a triangle,
16:03backs up right up to the Long Island Railroad,
16:05and directly across the street
16:07is the back end of the Polish Hall lot.
16:10As you know, a few years ago,
16:14this board granted lot area variance to Silverback
16:21so Polish Hall could sell off the back part of that lot.
16:24I believe that is before the planning board
16:28or is...
16:29is somewhere in the planning process.
16:32So we received the turndown letter
16:34because of the located off-site,
16:37the parking's 200 feet walking distance.
16:40And in this case, when we measured it out,
16:43and it's measured, it's not measured lot from lot.
16:46It says walking distance,
16:47so we have to measure it from walking out the front door
16:50of our building down Lincoln to the corner,
16:55crossing the street, going across Lincoln
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17:01I'm sorry.
17:02I'm sorry.
17:02I'm sorry.
17:02I'm sorry.
17:02I'm sorry.
17:02I'm sorry.
17:02I'm sorry.
17:02I'm sorry.
17:03I'm sorry.
17:03I'm sorry.
17:29serve or elsewhere provided that all spaces are located within 200 feet
17:34walking distance of the premises served in all cases such parking spaces shall
17:39conform to all regulations of the district in which they are located
17:42parking spaces shall not be located in any residence district unless the use to
17:48which the spaces are accessory is permitted in such residence district end
17:54quote and I just emphasize that last sentence because it does not exist in
17:59a vacuum Polish Hall is a legal pre-existing not conforming building and
18:05slash use that benefits from certificates of occupancy dating back
18:09from 1971 and I think mr. Nigin will tell you when the building was actually
18:15built and when when Polish Hall started so they they benefit from legal
18:23pre-existing CEOs use me counsel to get a copy of that letter of pre-existing
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18:59Okay, so do you have a letter of pre-existing use?
19:03No, I do not see one in the record.
19:05You have to get a document issued.
19:09So I will get that.
19:11Let me finish what I'm doing, and I do have copies of their previous COs,
19:17and then Mr. Nijing can speak to more.
19:19So, I assume the COs are issued based on additions?
19:24Yes.
19:25Alterations inside the building, that kind of thing?
19:27Yes.
19:28Dumb waiters, things like that?
19:30The whole building, there is no CO.
19:32I'm not aware of an overall CO?
19:35Down the road, you may want to apply for a letter of pre-existing use,
19:38and that would clear up a lot of things.
19:39Okay.
19:39Possibly.
19:40I would just have to say, and Mr. Nijing will speak about that,
19:46I don't think anybody is going to be able to say that this has not been a pre-existing use.
19:55Counsel, you can't represent.
19:57Except that I'm not.
19:58It has a letter of pre-existing use.
20:00What the member of the zoning board is strongly recommending is that you make applications.
20:07Yes, ma'am.
20:07I understand.
20:08Not represent that there is one.
20:09But there could be one.
20:11I just don't know.
20:11I didn't represent them in the real estate, and I think maybe Mr. Nijing can speak more to that,
20:16but the ones I have seen from the 70s and coming forward are all, as Mr. Barnes says,
20:22for additions and renovations and things of that nature.
20:25It's never transferred ownership.
20:27Sure.
20:27There was probably no need for a letter of pre-existing use.
20:31That could be.
20:32That's usually only typically when it's planned.
20:34Right.
20:36So, again, that last sentence that I read off is really important.
20:40Unless the use to which the spaces are accessories permitted in such residence district.
20:46As I said, post-hull is a legal, to me, pre-existing, non-conforming use that benefits from these certificates of occupancy.
20:56Parking is a...
20:57It's a permitted accessory use to their primary use as a catering facility.
21:01We all know there's a bowling alley and a bar downstairs.
21:05Parking spaces are accessory to post-hull uses.
21:09It's my opinion that we satisfied this last sentence of 231H,
21:15and that the only variance we're seeking from this board is the distance requirement,
21:20because we are in excess of 200 feet.
21:23As a little backdrop, it is important to note,
21:26between 1959 and 1993, the post-hull property was located in industrial A zone,
21:33or industrial one zoning district, as was that entire area.
21:37And it's weird how it was carved out.
21:40The post-hull was carved out for RA40,
21:43but right across the street where more storage of Long Island Brewery is,
21:47the industrial C, which is transferred over now to light industrial.
21:52You also have Long Island Cauliflower down the road.
21:54You have Long Island...
21:56Ice and fuel on the other side of the railroad tracks.
22:00So this was a predominantly industrial area,
22:03and some of those uses are still there.
22:06So the industrial use across the street,
22:08there's more storage building across the street.
22:11Long Island Ice and Fuel is still there.
22:12Long Island Cauliflower is still there.
22:15We submitted a traffic study that the licensed traffic engineer,
22:20Delandro Andrews, the study found that none of the peak parking demand timeframes
22:26for the proposed uses overlap pursuant to the ITE manual.
22:30The ITE parking generation manual calculations estimates that the required parking spaces
22:36will in fact be closer to 22.81, so you round it up to 23 parking spaces instead of the required 30.
22:43There were several pictures that I submitted to the board.
22:46I just wanted to flip through them with you real quick.
22:50There's...
22:53I just wanted you to look at the aerial photograph.
22:56The corner of Lincoln Street.
22:59This photo here shows the corner of my client's property,
23:03which is shaped like a triangle.
23:05It backs up to the Long Island Railroad,
23:09and just shows the distances when you walk from outside the front of the building
23:12and you walk all the way to the parking area,
23:15so for a total of 323.50 feet.
23:19If you flip to the next page,
23:22there's a Google Earth picture.
23:25This is...
23:26the building before, or maybe just right after my client purchased it.
23:33Growing up walking past it, I never thought it was a very attractive building,
23:38but if you flip the next page after that,
23:40there is a picture my client painted the outside of the building.
23:45In-kind, in-place replacement of windows,
23:48and he installed some lighting.
23:49I think it's a very lovely...
23:55paint job.
23:55That was done.
23:57And it made...
23:58I think it made the building look ten times better than it did.
24:03If we're to go by the five-part test,
24:05and I'll just go really quickly because I know Mr. Nigel wants to speak.
24:10Proposed variances would not have a negative impact
24:12on the adjacent properties in the neighborhood.
24:15The applicant at 505 is not proposing to expand the footprint of the building,
24:19and in fact, they're going to be decreasing it slightly.
24:22They're going to take off the small 75-square-foot triangular corner.
24:25So, they're going to keep it at least about three feet below the center of the building.
24:30The applicant is proposing uses that are conforming to Village Center zoning district,
24:35and the proposed 24 off-site parking stalls will be a short distance from the property
24:42and a newly...
24:43hopefully, a newly paved and striped parking lot that contains drainage,
24:46which it does not have now.
24:48The requested variances are not substantial.
24:51The board has in the past granted a distance...
24:55of about 575 feet walking distance where we're requesting 323 feet.
25:03Benefits sought by the applicant cannot be achieved by some alternate means
25:07because the property does not contain enough room to construct the required 24 parking stalls.
25:12It is a triangular-shaped property.
25:16The building takes up most of the space on there.
25:18And it's important to note that the lot is oversized for the zoning district it's located in.
25:27There's over 13,000 square foot of area for this lot,
25:30and 5,000 is the minimum lot area in the zoning district.
25:35No matter what you put conforming uses in this building,
25:39you're going to require off-site parking,
25:42and the applicant is going to have to find that you did.
25:45And I think that there was a lot of contractor uses
25:48that were not in the zoning district.
25:48There were a lot of cars that were used in the past in this building.
25:52And if you go there today, there are cars parked in the front of the building.
25:57There are cars parked off to the side.
25:59There have always been cars parked off to the side.
26:03That's from that illegal repair shop across the street.
26:07Today? You must have been there today.
26:10Today it was, I'm told, yes.
26:11The person who owns the repair shop across the street today
26:16did park their cars on my client's property.
26:18It goes on all the time.
26:20Yes.
26:21And it really shouldn't be there.
26:22Once he gets out of prison, he'll be back in business.
26:29I'm told that he sold it, that particular person.
26:32Yes.
26:33Good idea.
26:33It shouldn't be used for that.
26:37The difficulty was not self-created.
26:39This property has historically been used for warehousing and contractor uses.
26:43The applicant wishes to continue the use of the property with conforming uses.
26:47Unfortunately, it just doesn't work.
26:48The property is only a triangular shape of the property,
26:50and the shape of the existing building don't lend itself to providing more than a few on-site parking stalls.
26:56I know that Tom Nijen is here, president of Polish Wall.
27:00He would like to address the letter that was submitted by Charles Cuddy.
27:04Right.
27:04Okay.
27:05Okay.
27:05Okay.
27:06Okay.
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27:37Okay.
27:37Good evening.
27:38Good evening.
27:40Good evening.
27:40Good evening.
27:40Good evening.
27:41Good evening.
27:41Good evening.
27:41Good evening.
27:42Good evening.
27:43Good evening.
27:43Good evening.
27:48I became president of Polish Hall in March of 2021, just slightly after Ziggy Walensky passed away.
27:57I've been a member since 2017, although I've been part of Polish Hall most of my life, along with the majority of my relatives and my family.
28:07Polish Hall was built and started in April of 1903, and the club was incorporated on October 21, 1907, which makes it 122 years old.
28:20The original building burnt down in 1928, and the present main structure was built and been standing there for 97 years now.
28:33And just on a side note, the rear kitchen was built in 1928.
28:37The rear kitchen was built in 1969, which was probably the last plans that I have that were in addition.
28:44I come before the board tonight to support the application of 505 Lincoln Street.
28:49Like so many other clubs and organizations in the town of Riverhead, Polish Hall has struggled financially since the onset of COVID in 2020.
28:57Polish Hall has begun to see the light at the end of the tunnel, as we recently have been seeing a surge in membership,
29:03and due to part to finally admitting women into our club.
29:07Polish Hall is more than a catering hall with four bowling alleys.
29:11We are not only part of the Polish community, but part of the fabric of the town of Riverhead.
29:16We host weddings, birthday parties, bar mitzvahs, repasses, retirements, pancake breakfasts, spaghetti dinners, veterans, events, flea markets, fundraisers, and even battle of the bands.
29:30When the Polish Festival was on hiatus for several years there, we took over, and we invited the community to come and join us.
29:34We took over, and we invited the community to come and join us.
29:36We took over, and we invited the community to come and join us.
29:37We took over, and we invited the community to come and join us.
29:40You name it.
29:42We hosted it.
29:43You don't have to be Polish to book it.
29:46You don't have to be Polish to book it.
29:47You are also welcome to host it.
29:48You are also welcome to host it.
29:54special moments sadly we've seen in the past few years how short and tragic life
29:58can be we at the hall proudly cherish the moments we share with our Riverhead
30:03community by hosting these events it's no secret that because of our financial
30:08struggles certain repairs have gone by the wayside because they have been to
30:14cost prohibitive though our north parking lot on Pulaski is paved and
30:19striped the parking area to the south is not there is no formalized parking on
30:25this area it does not contain drainage needs to be regraded paved and striped
30:30it is essential that the cost it is estimated that the cost for this work is
30:35around two hundred fifty thousand dollars which is an expense Polish Hall
30:39cannot bear to that end one of our members who happen to be a member of the
30:44property owner of LLC of this application approached us with a
30:49proposal to purchase a new property in the area of the South Park and we are
30:49working for it for at least a week it's only for Sale Sale Sale Sale Sale Sale
30:53Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale
30:58Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale
31:03Sale Sale Sale Sale Sale Sale Sale Sale Sale
31:06Sale Sale Sale Sale Sale Sale Sale
31:10Sale Sale Sale Sale Sale Sale Sale
31:13Sale Sale Sale Sale Sale Sale Sale
31:17Sale Sale Sale Sale Sale
31:18Sale Sale Sale Sale
31:1945 stalls. The map shows that there are 34 stalls on the northern parking lot.
31:24The southern parking lot, which does not have any formalized parking stalls,
31:28proposed at 49 stalls for a total of 83 parking spots. Polish Hall requires 45
31:36stalls with plenty of leftover. The proposal benefits us as much as it
31:41benefits the applicant. Without the variance requested, there will be no
31:45improvement to this parking lot. I am aware of the letter submitted by
31:50attorney Charles Cuddy who represents Silverback Holdings. Silverback obtained
31:55a lot area variance from this board enabling a two subdivision form, or lot.
32:01This was the back barn that we called it. The Silverback lot contains a building.
32:07Unfortunately for reasons too lengthy to discuss here, Silverback commenced in
32:12action in Supreme Court.
32:14The Supreme Court has been
32:15in court which resulted in the court order mandating us to sell and close
32:18with them. I do believe Silverback has finalized the subdivision with the town
32:25of Riverhead. Oh, I don't believe, I'm sorry, I don't believe Silverback has
32:29finalized the subdivision. I am shocked and saddened by Mr. Cuddy's interpretation
32:35of the unrecorded post-closing agreement, which was only valid for 90 days.
32:40During the negotiations, court appearances, and many discussions have been between the
32:44parties with the council present. Silverback did not want our patrons parking vehicles
32:50overnight on their side of the property, and by the same token, we did not want to have
32:55their clients, customers, and vehicles parked overnight on our side of the property.
33:02The attorney for Polish Hall, Karen Hogue, has submitted a letter to the record stating
33:06that this, Polish Hall hosts many catering events and the Polish Festival. We would never
33:12agree to a condition that would prohibit our
33:14customers from leaving their cars overnight. As frequently it happens, it is interesting
33:21to note that Silverback has not made any complaints to us about the overnight parking, and that
33:26now occurs on our side of the lot, which occurs frequently. The cross-access agreement that
33:33was signed and a condition by the planning board for the two-lot subdivision with Silverback
33:38does not prohibit the overnight parking of the vehicles. The Riverhead Town Code does
33:43not prohibit
33:44the overnight parking of vehicles. The self-serve interpretation made by council of Silverback
33:49is illogical. How many people in this room know someone who attended a wedding or event
33:56at Polish Hall and had to leave their car there overnight so it didn't have to drive
34:02home? Why would we agree?
34:04It could have happened a few times.
34:08I would agree. We have a bar, so it's only logical to...
34:09Yeah, I know.
34:10...to have a bar.
34:11Yeah, I know.
34:12I know.
34:13I know.
34:14Why would you call an Uber nowadays and taxi cab or have the wife drive you home?
34:20So, in any event, I respectfully submit the post-closing agreement as a private agreement
34:26between us and Silverback. If Silverback wants to litigate us against...on the meaning of
34:31the words, that is their prerogative, but we ask that this should not affect the variants
34:36being requested for 505 Lincoln. I thank you.
34:44Anyone else?
34:56You saw me swear to tell the truth, the whole truth, but nothing but the truth, so help you God.
35:01I do.
35:02Please state your name and address.
35:03My name is Daniel Burke.
35:04I live at 10 Cooper Street in Shoreham.
35:08I'm also one of the owners of Long Island Beer Company, which is an adjacent property from the Polish Hall.
35:14I've been a tenant of Jim and Frank for about eight years or so now.
35:20I would like to say that the success curve that Polish Hall is on right now seems to be great, great for the neighborhood.
35:29The improvements that they would get out of this gifted parking lot, I think is maybe the right word.
35:35I'm not sure.
35:37But just overall in the entire area, if we continue to see the upswing and improvements that are going on,
35:43it would be better.
35:44It would be beneficial to everyone.
35:46And take what was a blighted property, mind that the old Agway building had a complete turnaround.
35:53The building that's on the railroad tracks looks great now.
35:56So just to continue that whole improvement of the area, I can't see how anyone would be against that.
36:03Thank you, Mr. Burke.
36:05Someone else?
36:05Somebody back there.
36:06Thank you.
36:14Thank you.
36:44Administrative site plan approval.
36:46They did.
36:46Yeah.
36:47For the parking improvements.
36:49The Planning Board didn't consider who would be doing the improvements.
36:53If Polish Hall wanted to do the improvements, it was done administratively.
36:57Does the site plan show 44 parking spaces or 45 parking spaces?
37:03Or how many is it?
37:04It shows the existing northern lot and then 49 proposed stalls.
37:09That's what happens.
37:11The ones that are being leased to others?
37:13This is the total.
37:14What's the total after the lease dollars?
37:23So Polish Hall, the total with the proposed parking is 83,
37:27less the 45 that Polish Hall needs,
37:29less the 24 that 505 Lincoln would need,
37:32results in an excess of 14 stalls.
37:35So Polish Hall requires 45 parking spaces?
37:37Yes.
37:38On their website, they cater weddings up to 300 people.
37:42And they are on their website, they have a bowling lease.
37:47They're advertising for bowling leases in the basement.
37:50They're running Ziggy's Place, which is a nightclub.
37:53They can do a 300-person wedding
37:55and all these other features on 45 parking spaces?
37:58Based on the calculations that were provided on the site plan,
38:01that's what the planning board reviewed.
38:02We didn't review the website.
38:05But, I mean, like everybody said,
38:08including the president of the association,
38:10they have weddings, they have bar messes,
38:12they have multiple...
38:12parties.
38:13So I defer to council.
38:15300 people.
38:17So are you opposed to this?
38:19I'm just questioning, because...
38:20I would love to take this property
38:23and just park a bunch of cars on it.
38:26Do you have any interest in this property or any property?
38:28Not this particular one,
38:29just what the outcome is going to be.
38:31How do you spell your listing?
38:32D-I-C-K-H-O-F-F.
38:36Can I address this?
38:38Can I reply to this?
38:38So they went through the administrative site plan,
38:40so the site plan was approved,
38:42based on what the code reads.
38:44And based on what they submitted to the planning board.
38:46You should all know that.
38:48Well, if they have to get a site plan,
38:51and the use...
38:52They did.
38:52...currently there,
38:54that has 300 people...
38:56It's not based on people.
38:58It's based on square footage.
39:00It's not based on people.
39:01So it's not based on the usage.
39:02All right.
39:03Thank you.
39:03They can have 600 people.
39:05I may.
39:06Mr. Dickoff,
39:08you raise an excellent point,
39:10and you...
39:12jumped right ahead of me on the issue,
39:15because I have inquiries regarding,
39:17quote,
39:17the events,
39:18battle of the bands.
39:22I think your question really relates to,
39:25quote,
39:26a letter of preexisting use,
39:28or a certificate of occupancy for the use.
39:35at this point in time,
39:36we're going to hear the remainder of the testimony.
39:41But,
39:41it's a,
39:42very valid question.
39:44Thank you.
39:44And,
39:45one that is likely going to be required to be addressed.
39:49Thank you.
39:49I mean,
39:50looking at the file,
39:52I can see there's a lot of legal issues here.
39:54And,
39:54it's complex.
39:55And,
39:56it's a possibility that maybe everybody needs to get back to the table and figure this out.
40:04But,
40:04that's just me.
40:05I'm not a lawyer.
40:05That's how I like it.
40:06I'm not a lawyer,
40:07but I swear to tell the truth.
40:08You can sit down.
40:09You swear?
40:09Okay.
40:10We're going to do this, okay?
40:11Okay.
40:11Okay.
40:11Sale.
40:13Sale.
40:14Sale.
40:14Sale.
40:14Sale.
40:14Sale.
40:14Sale.
40:14Sale.
40:14Sale.
40:14Sale.
40:15Sale.
40:15Sale.
40:15Sale.
40:15Sale.
40:15Sale.
40:15Sale.
40:15Sale.
40:15Sale.
40:15Sale.
40:15Sale.
40:15Sale.
40:16Sale.
40:16My name is Elizabeth Stokes and I live at 204 Sweezy Avenue.
40:24I am the house on the corner, right there, Lincoln and Sweezy.
40:30It's an old house. It was built in 1860.
40:34And my survey was done by Henry Saxton's father, who walked off the property.
40:41So that's how old my house is.
40:42Okay, I came here tonight to offer my support for the developer across the street from my house at 505 Lincoln.
40:56Because that place laid dormant for so long.
41:00Nothing was happening to it.
41:03Guys were coming there, sitting, having like drinking parties.
41:07And this is in the daytime, in the morning.
41:09He has cleaned this up absolutely fine.
41:12It's fantastic.
41:13Behind the building, he's cleaned that up.
41:16And that was a nonsense thing.
41:19They were having guys drink and fall asleep, pass out right on the railroad tracks.
41:24This doesn't happen anymore.
41:25So I applaud him giving this building a facelift and what he's bringing to the neighborhood.
41:35There's a lot of traffic now that goes through the Polish Park lot.
41:40You know, I don't know if anybody knows that.
41:41But at night.
41:42It's like people use that, you know, as like a drive-thru.
41:46So I don't see how that's like an issue.
41:50You know, people drive the cars through there now anyway.
41:53And Riverhead PD, on a whole, have increased their patrols in Polish Town.
42:00And sometimes two cars sit across the street in a Polish Hall parking lot for like hours on end.
42:09So with the new streetlights I got.
42:12I put in.
42:14They're like strobe lights.
42:16I mean, it is really safe there now.
42:18And I applaud this developer for doing this.
42:23And the storage facility across the way from the parking lot, that has given so much light across from that park, into that parking lot, that I feel it's an improvement.
42:36And, you know, we focus as taxpayers on the beautification of Main Street.
42:41But Riverhead.
42:42It's more than Main Street.
42:44We have to want to help the side villages here, like Polish Town.
42:49And so I am in support of this.
42:52I think they deserve it.
42:53Kim, you hit it right on the head.
42:55The people that go to that farm country kitchen, they take their life in their hands.
43:00They park in that parking lot on Sweezy Avenue.
43:03Then they have to walk all the way up to Main Street.
43:06And then take their life in their hands crossing the street.
43:10And that was allowed.
43:11So, you know.
43:12I'm not understanding this.
43:15Huh?
43:16It wasn't allowed.
43:17It wasn't allowed?
43:18We required a crossing.
43:19Oh, wow.
43:20That's like an accident waiting to happen.
43:24That's like terrible.
43:26So, anyway.
43:27I support this.
43:28Because I believe he's fixing up the neighborhood.
43:30And that's what I want.
43:31I've been there 50 years.
43:33And, yeah.
43:34I want to see some improvement.
43:36So, anyway.
43:37And thank you, all of you, for the work that you do for the town of Riverhead.
43:40All right.
43:41I don't get up to the mic too often.
43:42When you refer to he, who are the people that are developing this?
43:47I'd like to see.
43:48Are they here?
43:49Can you raise your hand?
43:50Can I see who you are?
43:52Okay.
43:52And your wife.
43:53And your wife.
43:53And wife?
43:54And wife.
43:55She's the boss?
43:56Okay.
43:56Really.
43:57I applaud them.
43:57I really.
43:58As a tax accountant.
43:58No, I'd like to meet people who are doing projects.
44:01Which is okay.
44:01So, I applaud them.
44:02Whatever can be done in that area for improvement, I'm all for.
44:06I'm all for.
44:07So, let me get this clear in my head.
44:10The Polish Hall is trying to get.
44:12Parking spots.
44:14And rent.
44:15Are you renting?
44:16Correct.
44:17Over a period of so many years, as long as the building exists?
44:20It's an agreement.
44:21It's an agreement.
44:22Correct.
44:23And you would benefit.
44:25The Polish Hall would benefit from it.
44:26Correct.
44:27Okay.
44:28And Silverback, is that.
44:32Is that you guys?
44:33Okay.
44:34And there were questions of cross-seasements.
44:38There are questions that we're asking.
44:41You know, the thing.
44:41The documents.
44:42That Mr. Cuddy filed.
44:44We're not sure legally where we stand on all this at the moment.
44:48But we're certainly going to defer to legal counsel on this.
44:51Well, I just want you to know what our position is going to be.
44:54Or is.
44:55Or at least mine.
44:56At this point.
44:57But I'd like to know who the players are, too.
44:59Well, you know what?
45:00It's good to know.
45:00I'm proud of this town.
45:02I love Riverhead.
45:02Well, I love Riverhead.
45:02That's why I stayed here.
45:04And I know all of you want to do what's best for Riverhead Town.
45:08Of course we do.
45:09And like I said.
45:10The beautification.
45:12The part.
45:13Should not only be Main Street.
45:15It should be other parts of the town.
45:17And then we all come full circle.
45:19Everybody benefits.
45:20So, again.
45:21I applaud all of you.
45:23For the work that you do.
45:25I haven't been to the mic in a long time.
45:27So, I'm retired now.
45:29So, I might have some more time to do this.
45:31You're always welcome.
45:32Very good.
45:32I'm going to retire and get in trouble.
45:34Thank you very much.
45:36Thank you.
45:37Thank you, Mr. Cuddy.
45:38Thank you.
45:38Thank you.
45:38Anyone else out there?
45:42Just to get your name and address.
45:54Good evening.
45:55Charles Cuddy.
45:55445 Griffin Avenue in Riverhead, New York.
45:58As the gentleman indicated, I represent in this matter,
46:01although I did not do any litigation, Silverback Holdings.
46:05I think that I've admired the work that Kimberly Judd does.
46:09I think that she's a great person.
46:11I think that she's a great person.
46:12I think that she's a great person.
46:12But I think I've reached a very different conclusion
46:14than she has about this application.
46:17The application really is based on what she said, which is 301.231 of the Town Code.
46:24That says a couple of things.
46:26It says when you have spaces that are within 200 feet,
46:31you can then have this particular approval.
46:35Of course, they don't have spaces within 200 feet.
46:38They have them within 323 feet, which is 50% increase.
46:42But that's very minor.
46:45What's really significant is you have the two zones,
46:49and you have the code saying something very deliberate.
46:52It says parking spaces cannot be created in a residential district unless the use
46:59in which the spaces are accessory is permitted in the residential district.
47:04There's no question that an apartment is permitted in a RA40 district, which means
47:11that you can't have a parking space in a residential district.
47:11You can't get an area variance.
47:13This application is for an area variance.
47:16When something is not permitted, it's prohibited in zoning.
47:21If it's prohibited in zoning, without any question,
47:24there's only one variance you can get.
47:26It's a use variance.
47:28This is not a use variance application, and it probably couldn't be.
47:32So I don't think you could ever approve the application that's been made.
47:37It's a use variance.
47:39It can only be granted if it's a use variance.
47:41If it's prohibited, it's not permitted.
47:46And that's it.
47:47It's that direct.
47:49So I would ask the board to really consider that, because this cannot be granted as an
47:54area variance.
47:55Thank you.
47:56Thank you, Steve.
47:57Mr. Cuddy, could I ask you a few questions?
48:03So there was a cross-access and shared parking agreement.
48:09And I think that's a good question.
48:10I think it's a good question.
48:11Are there any helt身身身身身身身身身身身身身身身身
48:16related to the application for subdivision is that correct
48:23we're in your client it was divided such that polish hall had their property and
48:33your client gained his piece of property okay and that subdivision was approved
48:43okay and under the second there was some discussion regarding the post closing
48:55but I'm not focused on that what I'm focused on is provision two under the
49:02cross access and shared parking declaration which states that for an in
49:10consideration of one dollar
49:12and a half
49:13the receipt of which is hereby acknowledged the declaring grants cross
49:19access and shared parking between the two lots so the way that may be
49:35interpreted is that polish hall granted
49:43a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a
50:13And this cross-access agreement, that was required by the approval resolution of the planning board, yes or no?
50:26I think it was.
50:28I don't have it before me, so I can't read it.
50:30Okay.
50:39Question.
50:40Does your client have a letter of pre-existing use or a use permit currently for his property?
50:57I'm sorry.
50:58Does your client intend on making application in the near future?
51:05Yes, you would probably have to apply for a use variance.
51:10Yes.
51:10Okay.
51:13And am I correct?
51:15Your client did not secure a letter of pre-existing use prior to the subdivision of the property?
51:24That's correct.
51:25Okay.
51:26Because there's a provision in the town code, and don't quote me, I don't have it in front of me, but I believe it's 301-222,
51:38that when you have a pre-existing non-conforming use, you can maintain it on a lot held in single and separate.
51:51Okay.
51:53In this instance, there was a subdivision of property that divided the property owned by Polish Hall into the two different lots.
52:08Okay.
52:09Yes.
52:09I don't have anything else.
52:17Anybody else?
52:21Anyone else in the audience who wishes to speak?
52:23Okay.
52:27If nobody else is speaking.
52:35I wish we were able to tell the truth, the whole truth, and nothing but the truth.
52:38The truth.
52:38Sal, please state your name and address.
52:41Frank Fisher, Fisher Organization.
52:43My office is 500 Riverlea Avenue in Riverhead.
52:46So I'm just a little confused, and again, what Ray said is about the outcome.
52:51Are we talking about commercial, multi-use property being able to rent parking spaces from residential property?
53:01Is that what this is?
53:03So what the application seeks, basically,
53:07is under the code section, they're seeking relief for a commercial use utilizing parking in a residence A40 zone.
53:30Okay.
53:33I don't have a dog in this fight, but I'm just very curious in the outcome,
53:36because we don't...
53:37I don't know if you're familiar with the code, but we're going to be submitting some applications right behind it.
53:44Second thing, I've been part of Polish Hall my whole life.
53:48I grew up in the hall.
53:49I have many memories of steak dinners, and we were just there actually for the lobster roll bake on Sunday,
53:55and I think it's an incredible place.
53:57So I just want to offer to you guys, if this doesn't go through for you, I'm a developer as well.
54:04I think your quotes for the parking lot are extremely important.
54:07Extremely expensive.
54:08I think we can get it done for about $60,000, and I would like to donate that money to the Polish Hall,
54:14if you don't get this through as a plan B, and try to help you guys out.
54:18All right?
54:19I have them in my pocket.
54:20All right?
54:21That's nice of you.
54:23Love Riverhead.
54:23I'm a Riverhead son.
54:24Graduated here, 97, my whole life, and the least we can do.
54:29Thank you very much.
54:31Thank you.
54:31Thank you.
54:32Anyone else?
54:33Well...
54:34The plan is to apply for a parking lot.
54:35Is that a good idea?
54:35Yeah.
54:36That's a good idea.
54:36That's a good idea.
54:37Any other comments?
54:38I'll be real quick.
54:39Sure.
54:40To the gentleman, Mr. Dykoff, that was asking about the parking requirements, I'm just reading
54:47from the map that the parking requirement for the town of Riverhead is one stall per
54:52every 300 square foot of floor area.
54:55So it's based on the size of the building, 8,529 square feet divided by 300 square feet
55:02is 29 stalls required.
55:04You add that with the bowling alley, four stalls per floor.
55:06So that's the total number of stalls per alley, four alleys times four equals 16 stalls.
55:11So the total stalls provided, 45.
55:13So that's how that number was arrived at for the gentleman who asked before.
55:19So earlier there was a mention of a parking study done.
55:24Did the parking study include a study of the uses of Polish Hall?
55:32It included...
55:34It included the...
55:36It included the anticipation generation of how many spaces are going to need for 505
55:41Lincoln.
55:42Okay.
55:43So it did not analyze the potential spaces necessary or utilized currently by Polish
55:54Hall?
55:55Not the current one.
55:56That's correct.
55:57It did not evaluate how many spots...
56:00Because the number of spots that we're proposing are in excess of what's required.
56:05Are there any zones for Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale
56:12Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale
56:13Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale
56:12Sale
56:26Sale
56:27they had an apostle had another attorney but I didn't read that was submitted to
56:31the record okay and I read the the other agreements as well the last thing I want
56:38to say to the board an opinion on that on whether or not silverback has a right
56:46to any of the parking spaces I think I don't have any issue I think what the
56:55parties were disagreeing about from mr. Cuddy's letter was that there was no
57:01overnight parking of vehicles allowed by anybody anywhere so that is what I got
57:09from the reading of the agreement and I think that's what mr. Nigin replied to
57:13was no that's not how it reads and that's not how it was negotiated with
57:19count their attorney and the attorney for silverback and by the way he is he
57:25may have raised that that's not my question my my question is you've
57:35reviewed it you read it do you have an opinion as to whether or not mr. Cuddy's
57:43client has any rights to any of those parking spaces I think the plan shows
57:50that he has dedicated parking spaces on his property and the cross-access
57:55agreement allows for each of the parties to pass through the properties
58:01to get to their parking areas it says grants cross-access and shared parking
58:12I'm not I'm not debating interpretation that that language simply meant you get
58:19to drive through and pass through I'm not disputing any part of the cross-access
58:25or the post closing agreement other than the overnight parking that's my only
58:33concern I'm not disputing that they're allowed to drive over across each
58:37other's properties that they can park I we show a plan where we're providing 83
58:43parking stalls which is 14 spots in excess of what the uses for Polish Hall
58:51plus 505 Lincoln would require and by the way that
58:55it uses for Polish Hall it uses forай forай forай forай forай forай forай forай forай forай
59:00admiration and respect for Mr. Cuddy.
59:03And that's the truth.
59:04And this is not before you.
59:07This is a private matter which they can litigate in a proper venue.
59:11Proper venue is Supreme Court, not the Zoning Board of Appeals.
59:14You are not here to issue an opinion or to read into it.
59:20You are just here to listen to everybody's testimony and our request for the area variance.
59:25The legitimacy of that post-closing agreement is not something that is before you.
59:32With all due respect, Counselor, if there are no parking stalls to give, that is an issue for the Zoning Board.
59:42There are plenty of parking spots.
59:45There are plenty.
59:46There are 83 stalls that are being proposed.
59:50There are existing stalls on the northerly parking lot.
59:53And by the way, anybody that goes,
59:55by there, that southerly parking lot, how many cars are there, Tom?
1:00:01Usually.
1:00:03I don't want to make you talk from, but come up here.
1:00:06Let's talk about parking on the southerly lot.
1:00:08How many, how often is that lot full or used?
1:00:12Basically on the weekends, either a Friday or a Saturday event.
1:00:16You know, birthday party or, you know, whatever catering event we would have on a Saturday.
1:00:25Give or take Polish Hall, we average either 100 to 250 people on a catering event for a weekend on a day.
1:00:37So addressing parking, yes, the northern lot fills up quickly because that's on the church side.
1:00:43The southerly one does even out and it does overflow into Silverback's property slightly if they park that far.
1:00:54But usually they don't.
1:00:55Because...
1:00:55There's no light there and they kind of shy away from there.
1:01:00There is overflow parking though at the old Agway across the street.
1:01:07So a lot of people go over there and where the taxi cab place used to be,
1:01:13which is directly across from the steps from Polish Hall.
1:01:16So we're not disputing that we share the parking and he's able to share parking with us also.
1:01:23I'm not disputing that.
1:01:25I mean, we're...
1:01:25We all play, you know, we try and play nice.
1:01:30Even to say that, even when church goes on on Saturday and Sunday mornings,
1:01:36I have all the church parking coming onto Polish Hall.
1:01:39It's been that way since I was a little boy.
1:01:42And it's just the way things are.
1:01:45I can't rope it off.
1:01:47I can't put signs up saying, no, you can't park here.
1:01:50I have a christening this morning or something.
1:01:53You know, it just doesn't happen.
1:01:55And I'm not going to deny church people from parking there and going across the street to St. Isidore's.
1:02:00It's not the nice thing to do.
1:02:02But basically Fridays and Saturdays, yes, the southerly part is full.
1:02:10And give or take, we'll have, you know, maximum like a sweet 16 or something with the Spanish.
1:02:17There's usually around 250 people.
1:02:19But down from there, unusual party is 150 to 200.
1:02:25And that's the way it is.
1:02:26So I think that's the way it is.
1:02:27And I think that's the way it is.
1:02:28And I think that's the way it is.
1:02:29And I think that's the way it is.
1:02:30Thank you.
1:02:31Thank you.
1:02:32I'm just going to hand up a line of cases for council to review.
1:02:37It's in response to Mr. Cuddy's argument that a use variance standard applies.
1:02:42I'm not going to sit here and bore you all with the details.
1:02:45I'll hand it over to council.
1:02:47But basically, if you're not seeking to change the essential use of the property, an area
1:02:53variance standard applies.
1:02:54We are not seeking to change the material essential use of this property.
1:03:01Polish Hall is still going to remain a catering facility.
1:03:05It's still going to have a bar downstairs.
1:03:07It's still going to have a bowling alley.
1:03:09It's still going to host events.
1:03:12Parking is a permitted accessory use.
1:03:15And we're going to submit this for that proposition.
1:03:26Are there any questions for members?
1:03:29Are there any questions for members?
1:03:32Are there any questions for members?
1:03:34Are there any questions for members?
1:03:35Are there any questions for members?
1:03:37Are there any questions for members?
1:03:38Are there any questions for members?
1:03:40Are there any questions for members?
1:03:41Are there any questions for members?
1:03:42Are there any questions for members?
1:03:43Are there any questions for members?
1:03:44Are there any questions for members?
1:03:45Are there any questions for members?
1:03:46Are there any questions for members?
1:03:47Are there any questions for members?
1:03:48Are there any questions for members?
1:03:49Are there any questions for members?
1:03:50Are there any questions for members?
1:03:51Are there any questions for members?
1:03:52Are there any questions for members?
1:03:53Are there any questions for members?
1:03:54lease what happens at the end of the lease where the course there is an
1:04:00option to renew it again we haven't gotten that far because we don't know if
1:04:09we're getting a variance so we we haven't we did draft when I say we
1:04:16polish wall and it was just a proposal we did give it to the town attorney for
1:04:24his eyes he did take a quick look at it he did make some suggestions but again
1:04:31I'm sure he'll have more comments if we get that for and that was my last
1:04:38question so I went through the proposal proposed agreement that you submitted
1:04:46and I'm not sure if you have any other questions I'm just going to go ahead and
1:04:46I'm just curious states the lease premises shall not be used by tenant to
1:04:57park recreational vehicles RVs campers boats pods storage trailers or
1:05:05commercial vehicles that take up more than one parking space just out of
1:05:10curiosity are all these things to be allowed if they fit
1:05:16in one parking space I think the intent is that people and like I said this is a
1:05:22proposal it hasn't been fully fleshed out but no I don't think intent is not to
1:05:28have commercial vehicles oversized vehicles parked in any dedicated area if
1:05:35the board sees fit to grant the variance you can see I went through a couple
1:05:41markers help markups so I would take a hard look at some of the
1:05:46recommendations that the board has made in the form of a final decision
1:05:52so the first one is that the parking space should be
1:06:16October 9th or October 23rd.
1:06:34I think we've heard a lot of testimony.
1:06:56There's a lot of information here, and as Mr. Bourne said, there's a lot of complexity here.
1:07:01And we'd like to go to October.
1:07:04October 23rd.
1:07:0523rd to adjourn, and possibly then all the parties that are involved can somehow get together with our legal attorney, Ann Marie, and see if this can't be worked out.
1:07:19Okay, right now, I personally can't form any kind of opinion because it's so complex.
1:07:26And we want to do the right thing, so we don't have 29 applications.
1:07:31We have to say we approve this one.
1:07:34For everybody coming in for something we did that wasn't done properly.
1:07:39So if you would give us the time until October 23rd, that's going to be adjourned then.
1:07:44And then, please.
1:07:46The hearing's open.
1:07:47It's kept open.
1:07:48Yes, it's kept open.
1:07:49We're coming back?
1:07:49We're not closing anything.
1:07:52It's good to hear that the polling hall is making a comeback because that is a famous place.
1:08:01Everybody loves the polling hall.
1:08:02So, a motion to adjourn?
1:08:03No doubt.
1:08:04October 23rd.
1:08:05Have someone motion?
1:08:07All right, meeting's over.
1:08:08We're closing nothing.
1:08:09Mr. Chairman, we respectfully make a motion
1:08:11we adjourn this to October 23rd.
1:08:13Second.
1:08:14All right, all in favor?
1:08:16So welcome back, everyone,
1:08:18and let's go to work and see if we can't work this out.
1:08:23And we have minutes.
1:08:26We have minutes to do.
1:08:27Mr. Cuddy?
1:08:29Charlie.
1:08:31Oh, wait a minute.
1:08:31Cut it.
1:08:32No, it's not closed.
1:08:33Okay, great.
1:08:34We have meeting minutes, August 28th of 2025.
1:08:39Make a motion.
1:08:40The date approved.
1:08:41Okay, all in favor?
1:08:43The next meeting date is September 25th of 2025,
1:08:46so we just need a motion to close the meeting.
1:08:48So moved.
1:08:49Second.
1:08:50All in favor?
1:08:58Yes, we're done.
1:09:03Thank you.
1:09:33Thank you.

Full Transcript

The American Pronunciation Guide Presents ''How to Pronounce Sound'' and ensuring the film's audio was as unsettling and groundbreaking as its visuals.

The American Pronunciation Guide Presents ''How to Pronounce Sound''

The American Pronunciation Guide Presents ''How to Pronounce Sound''

The American Pronunciation Guide Presents ''How to Pronounce Sound''

The American Pronunciation Guide Presents ''How to Pronounce Sound''

A long-form order will shortly be issued, the essence of which is as follows. Based upon the record, the area of variance is granted in part and denied in part. The zoning board determines that there is no reasonable prudent or alternative for location of the detached garage, though seaward of the mapped coastal erosion hazard line, and the location of the scene is the most level area on the subject parcel. In addition, the garage is proposed to be located on a slab, reducing earthwork, excavation and disturbance, and therefore the proposed garage is granted. Secondarily, the zoning board hereby denies the request for relief for the second accessory structure in paren described as the writer's studio, close paren, together with its expansion of driveway, sanitary system, retaining walls, and proposed areas of disturbed vegetation. The proposed area is the second accessory structure, the planning board and building department shall omit and reject approval slash permit for that portion of the plans which depicts or describes disturbances beyond the existing driveway slash parking area. To it, second accessory structure in paren described as the writer's studio, close paren, together with its expansion of driveway, sanitary system, retaining walls, and proposed areas of disturbed vegetation, the same are denied. Second. Second. All right. Mr. Portia. Aye. Mr. Sieski. Aye. Mr. Gazzillo. Aye. And I vote aye. Okay. So that's been read. Heather. Okay, we're going to go slightly out of order for our public hearings. So we will take appeal number 2025-029 first. Yvonne Ferrara, 25 Nautical Drive, Riverhead, !600-14-1-36, Residence A40 Zoning. For a proposed addition to residence, deck, and porch, applicant request variances and or relief from Town Code Chapter 301-11, where proposed rear yard setback is 29 feet, minimum required is 60 feet, and where proposed front yard setback is 16 feet, minimum required is 50 feet. All right. Mr. DeLuca, please raise your right hand. Do you solemnly swear to tell the truth, the old truth, and nothing but the truth, sir? I'll be loud. Thank you. Please state your name and address. Jim DeLuca. I live in 12 Wendlandt East, Riverhead. I'm the architect for this job. I want to thank the board for hearing this case this evening. Very simply, the occupant wants to raise the house up and put a basement under it for partly living, partly storage. And the house is being expanded slightly on the enclosed porch to the same perimeter or the existing envelope that exists. The two variances we're seeking is the front and rear yard. The front yard is a 16-foot variance, and that's to the stairway that has to be installed, the platform and stairway. It has to be installed. Because the house is being lifted up out of the ground several feet to accommodate the basement area. And in the rear yard, a deck, we're going for a 29-foot variance. Because the house, again, is being lifted up. The rear foundation is being exposed for light and ventilation for the proposed rooms down in the basement. And the deck is the extra, and the front is the exiting out of the first floor on the rear side of the house. The front is actually in conformance with most of the buildings on the street. Several have the same condition, have the same porches that extend out into the front property area. So that's really basically in conformance with all the rest of them. The rear yard is a little bit more substantial. And it has a, because of the deck. But the deck actually serves two purposes. It's a place for them to exit the building and also to put their furniture on, their patio furniture and things of that nature. The property does slope very severely towards the east. So the deck area is the most convenient way for them to put their, outdoor furniture and different things. The place is going to be cleaned up. The basement area is going to be cleaned up. All the accessory temporary structures are going to be removed. And if we get the variance, we're going to start on the drawings immediately. Any questions here? Audience have any questions on this variance? No one's streaming it? No. Okay. Thank you. Is there any questions? No one with their hand raised. Okay. Who's next? Mr. Chairman, can I just make two small comments? Absolutely, please. So I know you're aware that the plan submitted to the zoning board did not include the described dimensional relief by the surveyor. Right. So I'm just going to ask you to comment on that. Okay. So the plan submitted to the zoning board, in the future, that's going to be required always, or the zoning board will not review the application. We were able to pull the building department file, and I know that you submitted updated plans. I also want to confirm, because again, there are no setback dimensions set forth, it says shed to be removed. Is that going to be removed? The existing? Yeah. You have here the existing plan. So the existing plan. You have here existing shed to be removed. Yeah. Those are the existing steps. We're taking those out, and they're going to be right angle steps. So the shed's going to be removed? The two existing, three existing steps are going to be removed. I'm talking about the shed identified on the survey. Yeah. Okay. Yeah, they're going to be removed. Yeah. Oh, you're talking about the back structure? Yeah, that's going to be taken out. Yeah, that's coming out. Okay. Thank you. Thank you. Thank you. Thank you. Yeah, right now, I have a little problem with the survey getting done. There's a problem. And that's why I mentioned it myself. I took the string of dimensions and backed it into the dimension. And now, I certified it myself. Right. Yeah, and I'll make sure that when I do the architectural drawings that it'll reflect. Right. Yeah. Okay. 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. 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. Thank you. Thank you. 11 where proposed rear yard setback is 29 feet minimum required is 60 feet and where proposed front yard setback is 16 feet minimum required is 50 feet be granted subject to a final survey that will be required to be submitted in accordance with the applications and sketches with amendments there too if any as filed with the building inspector. Second. Move and second. Mr. Forsyth. Aye. Mrs. Westcott. Aye. Mr. Barnes. Aye. Mr. Zillow. Aye. Nibeau. Aye. Sir Farrant has been granted. Thank you very much. I appreciate it.

Next we have appeal number 2025-028 505 Lincoln Street Opportunity Zone Fund LLC 505 Lincoln Street Riverhead and 214 Marcy Avenue Riverhead Suffolk County tax amount numbers 600 128-1-4 and 600-124-1-50.2 Village Center and RA 40 zoning for proposed off-site parking applicant requests variances and or relief from Town Code chapter 301-231 H where all required parking spaces shall be located within 200 feet walking distance of the premises served the proposed distance is approximately 370 feet and where parking spaces shall not be located any residents or residents not in the area of the parking space. Thank you. Thank you. Are there any other helt. Are there any other State your name and address. Kimberly Judd, 737 Roanoke Avenue, Riverhead, New York, for the applicant. I also have here Tom Nijen, who is the president of Polish Hall, who will be speaking after I'm done presenting the application. The subject property is located in the Village Center Zone District. It contains a little over 13,000 square feet. The property is conforming as the lot area in Village Center. The minimum lot area is 5,000 square feet, so we're more than double the size of the zoning district requirement. The property is improved with the preexisting building, about 7,737 square feet. I think everybody on this board is familiar with this building. It's been in existence my entire life. The applicant has submitted a site plan application to the planning board seeking approval to convert an existing warehouse building to a mixed-use building with nine apartments proposed on the second floor and an artist studio. On the first floor. These proposed uses are conforming as to the zoning in the Village Center District. This building is estimated to have been constructed around 1908. It was home of the Suffolk Potato Exchange. The Suffolk Potato Exchange went out of business about 1976, but the building continued to be used as a warehouse and offices for construction companies. The applicant herein, 505 Lincoln Street, purchased the property in 2022. The property benefits from a letter of preexisting use for a two-story cement block warehouse with one and a half bathrooms, three offices, partial unfinished basement, attached one-story warehouse with unfinished basement, which is all part of the submission. Pursuant to the town parking schedule, the applicant is required to provide 30 parking stalls. However, there is a provision in the Code 301-62B2, which permits 20% re-use. The applicant is required to provide a reduction in the required parking. In this case, it would be a reduction from 30 parking stalls to 24, where credible evidence is provided by traffic counts or data by a licensed traffic engineer. We did submit a traffic study by a licensed traffic engineer, by Delandro Andrews. That's part of the submission. The applicant in nearby Riverhead Polish Independent Club, which is better known as Polish Hall, has entered into a negotiation for a parking agreement where the client, 505 Lincoln, will pave, stripe, install drainage in Polish Hall's southerly parking lot in exchange for Polish Hall leasing the required 24 parking stalls that is required by 505 Lincoln to the applicant if the requested variance is granted. The parking calculations that were on the site plan that was submitted by David, I'm sorry, David, I'm sorry, David, I'm sorry, David, I'm sorry, Fox Land Surveying and the Traffic Study that was submitted by Delandro Andrews shows that Polish Hall has enough parking stalls for their business and to also provide and lease out the 24 stalls to the applicant. The plan and the study both show that Polish Hall requires 45 parking stalls for their business, where 83 stalls are being proposed. Polish Hall last month was granted administrative site plan approval from the Planning Board, the proposed parking lot and drainage improvements. We received a turndown letter in July because the 24 parking stalls are located in excess of 200 feet walking distance because the parking spaces are located in a residential district. The proposed parking area for Polish Hall is located across the street from the subject property. I'm sure that you usually all go and visit these properties. My client's property is shaped like a triangle, backs up right up to the Long Island Railroad, and directly across the street is the back end of the Polish Hall lot. As you know, a few years ago, this board granted lot area variance to Silverback so Polish Hall could sell off the back part of that lot. I believe that is before the planning board or is... is somewhere in the planning process. So we received the turndown letter because of the located off-site, the parking's 200 feet walking distance. And in this case, when we measured it out, and it's measured, it's not measured lot from lot. It says walking distance, so we have to measure it from walking out the front door of our building down Lincoln to the corner, crossing the street, going across Lincoln to... to... to... to... to... to... to... to... to... to... to... to... to... to... to... to... to... to... to... to... to... to... to... to... to... to... to... to... to... to... I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry.

serve or elsewhere provided that all spaces are located within 200 feet walking distance of the premises served in all cases such parking spaces shall conform to all regulations of the district in which they are located parking spaces shall not be located in any residence district unless the use to which the spaces are accessory is permitted in such residence district end quote and I just emphasize that last sentence because it does not exist in a vacuum Polish Hall is a legal pre-existing not conforming building and slash use that benefits from certificates of occupancy dating back from 1971 and I think mr. Nigin will tell you when the building was actually built and when when Polish Hall started so they they benefit from legal pre-existing CEOs use me counsel to get a copy of that letter of pre-existing use yes yes yes yes yes yes yes yes yes yes it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it Okay, so do you have a letter of pre-existing use? No, I do not see one in the record. You have to get a document issued. So I will get that. Let me finish what I'm doing, and I do have copies of their previous COs, and then Mr. Nijing can speak to more. So, I assume the COs are issued based on additions? Yes. Alterations inside the building, that kind of thing? Yes. Dumb waiters, things like that? The whole building, there is no CO. I'm not aware of an overall CO? Down the road, you may want to apply for a letter of pre-existing use, and that would clear up a lot of things. Okay. Possibly. I would just have to say, and Mr. Nijing will speak about that, I don't think anybody is going to be able to say that this has not been a pre-existing use. Counsel, you can't represent. Except that I'm not. It has a letter of pre-existing use. What the member of the zoning board is strongly recommending is that you make applications. Yes, ma'am. I understand. Not represent that there is one. But there could be one. I just don't know. I didn't represent them in the real estate, and I think maybe Mr. Nijing can speak more to that, but the ones I have seen from the 70s and coming forward are all, as Mr. Barnes says, for additions and renovations and things of that nature. It's never transferred ownership. Sure. There was probably no need for a letter of pre-existing use. That could be. That's usually only typically when it's planned. Right. So, again, that last sentence that I read off is really important. Unless the use to which the spaces are accessories permitted in such residence district. As I said, post-hull is a legal, to me, pre-existing, non-conforming use that benefits from these certificates of occupancy. Parking is a... It's a permitted accessory use to their primary use as a catering facility. We all know there's a bowling alley and a bar downstairs. Parking spaces are accessory to post-hull uses. It's my opinion that we satisfied this last sentence of 231H, and that the only variance we're seeking from this board is the distance requirement, because we are in excess of 200 feet. As a little backdrop, it is important to note, between 1959 and 1993, the post-hull property was located in industrial A zone, or industrial one zoning district, as was that entire area. And it's weird how it was carved out. The post-hull was carved out for RA40, but right across the street where more storage of Long Island Brewery is, the industrial C, which is transferred over now to light industrial. You also have Long Island Cauliflower down the road. You have Long Island... Ice and fuel on the other side of the railroad tracks. So this was a predominantly industrial area, and some of those uses are still there. So the industrial use across the street, there's more storage building across the street. Long Island Ice and Fuel is still there. Long Island Cauliflower is still there. We submitted a traffic study that the licensed traffic engineer, Delandro Andrews, the study found that none of the peak parking demand timeframes for the proposed uses overlap pursuant to the ITE manual. The ITE parking generation manual calculations estimates that the required parking spaces will in fact be closer to 22.81, so you round it up to 23 parking spaces instead of the required 30. There were several pictures that I submitted to the board. I just wanted to flip through them with you real quick. There's... I just wanted you to look at the aerial photograph. The corner of Lincoln Street. This photo here shows the corner of my client's property, which is shaped like a triangle. It backs up to the Long Island Railroad, and just shows the distances when you walk from outside the front of the building and you walk all the way to the parking area, so for a total of 323.50 feet. If you flip to the next page, there's a Google Earth picture. This is... the building before, or maybe just right after my client purchased it.

Growing up walking past it, I never thought it was a very attractive building, but if you flip the next page after that, there is a picture my client painted the outside of the building. In-kind, in-place replacement of windows, and he installed some lighting. I think it's a very lovely... paint job. That was done. And it made... I think it made the building look ten times better than it did. If we're to go by the five-part test, and I'll just go really quickly because I know Mr. Nigel wants to speak. Proposed variances would not have a negative impact on the adjacent properties in the neighborhood. The applicant at 505 is not proposing to expand the footprint of the building, and in fact, they're going to be decreasing it slightly. They're going to take off the small 75-square-foot triangular corner. So, they're going to keep it at least about three feet below the center of the building. The applicant is proposing uses that are conforming to Village Center zoning district, and the proposed 24 off-site parking stalls will be a short distance from the property and a newly... hopefully, a newly paved and striped parking lot that contains drainage, which it does not have now. The requested variances are not substantial. The board has in the past granted a distance... of about 575 feet walking distance where we're requesting 323 feet. Benefits sought by the applicant cannot be achieved by some alternate means because the property does not contain enough room to construct the required 24 parking stalls. It is a triangular-shaped property. The building takes up most of the space on there. And it's important to note that the lot is oversized for the zoning district it's located in. There's over 13,000 square foot of area for this lot, and 5,000 is the minimum lot area in the zoning district. No matter what you put conforming uses in this building, you're going to require off-site parking, and the applicant is going to have to find that you did. And I think that there was a lot of contractor uses that were not in the zoning district. There were a lot of cars that were used in the past in this building. And if you go there today, there are cars parked in the front of the building. There are cars parked off to the side. There have always been cars parked off to the side. That's from that illegal repair shop across the street. Today? You must have been there today. Today it was, I'm told, yes. The person who owns the repair shop across the street today did park their cars on my client's property. It goes on all the time. Yes. And it really shouldn't be there. Once he gets out of prison, he'll be back in business. I'm told that he sold it, that particular person. Yes. Good idea. It shouldn't be used for that. The difficulty was not self-created. This property has historically been used for warehousing and contractor uses. The applicant wishes to continue the use of the property with conforming uses. Unfortunately, it just doesn't work. The property is only a triangular shape of the property, and the shape of the existing building don't lend itself to providing more than a few on-site parking stalls. I know that Tom Nijen is here, president of Polish Wall. He would like to address the letter that was submitted by Charles Cuddy. Right. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Good evening. Good evening. Good evening. Good evening. Good evening. Good evening. Good evening. Good evening. Good evening. Good evening. Good evening.

I became president of Polish Hall in March of 2021, just slightly after Ziggy Walensky passed away. I've been a member since 2017, although I've been part of Polish Hall most of my life, along with the majority of my relatives and my family. Polish Hall was built and started in April of 1903, and the club was incorporated on October 21, 1907, which makes it 122 years old. The original building burnt down in 1928, and the present main structure was built and been standing there for 97 years now. And just on a side note, the rear kitchen was built in 1928. The rear kitchen was built in 1969, which was probably the last plans that I have that were in addition. I come before the board tonight to support the application of 505 Lincoln Street. Like so many other clubs and organizations in the town of Riverhead, Polish Hall has struggled financially since the onset of COVID in 2020. Polish Hall has begun to see the light at the end of the tunnel, as we recently have been seeing a surge in membership, and due to part to finally admitting women into our club. Polish Hall is more than a catering hall with four bowling alleys. We are not only part of the Polish community, but part of the fabric of the town of Riverhead. We host weddings, birthday parties, bar mitzvahs, repasses, retirements, pancake breakfasts, spaghetti dinners, veterans, events, flea markets, fundraisers, and even battle of the bands. When the Polish Festival was on hiatus for several years there, we took over, and we invited the community to come and join us. We took over, and we invited the community to come and join us. We took over, and we invited the community to come and join us. We took over, and we invited the community to come and join us. You name it. We hosted it. You don't have to be Polish to book it. You don't have to be Polish to book it. You are also welcome to host it. You are also welcome to host it. special moments sadly we've seen in the past few years how short and tragic life can be we at the hall proudly cherish the moments we share with our Riverhead community by hosting these events it's no secret that because of our financial struggles certain repairs have gone by the wayside because they have been to cost prohibitive though our north parking lot on Pulaski is paved and striped the parking area to the south is not there is no formalized parking on this area it does not contain drainage needs to be regraded paved and striped it is essential that the cost it is estimated that the cost for this work is around two hundred fifty thousand dollars which is an expense Polish Hall cannot bear to that end one of our members who happen to be a member of the property owner of LLC of this application approached us with a proposal to purchase a new property in the area of the South Park and we are working for it for at least a week it's only for Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale 45 stalls. The map shows that there are 34 stalls on the northern parking lot. The southern parking lot, which does not have any formalized parking stalls, proposed at 49 stalls for a total of 83 parking spots. Polish Hall requires 45 stalls with plenty of leftover. The proposal benefits us as much as it benefits the applicant. Without the variance requested, there will be no improvement to this parking lot. I am aware of the letter submitted by attorney Charles Cuddy who represents Silverback Holdings. Silverback obtained a lot area variance from this board enabling a two subdivision form, or lot. This was the back barn that we called it. The Silverback lot contains a building. Unfortunately for reasons too lengthy to discuss here, Silverback commenced in action in Supreme Court. The Supreme Court has been

in court which resulted in the court order mandating us to sell and close with them. I do believe Silverback has finalized the subdivision with the town of Riverhead. Oh, I don't believe, I'm sorry, I don't believe Silverback has finalized the subdivision. I am shocked and saddened by Mr. Cuddy's interpretation of the unrecorded post-closing agreement, which was only valid for 90 days. During the negotiations, court appearances, and many discussions have been between the parties with the council present. Silverback did not want our patrons parking vehicles overnight on their side of the property, and by the same token, we did not want to have their clients, customers, and vehicles parked overnight on our side of the property. The attorney for Polish Hall, Karen Hogue, has submitted a letter to the record stating that this, Polish Hall hosts many catering events and the Polish Festival. We would never agree to a condition that would prohibit our customers from leaving their cars overnight. As frequently it happens, it is interesting to note that Silverback has not made any complaints to us about the overnight parking, and that now occurs on our side of the lot, which occurs frequently. The cross-access agreement that was signed and a condition by the planning board for the two-lot subdivision with Silverback does not prohibit the overnight parking of the vehicles. The Riverhead Town Code does not prohibit the overnight parking of vehicles. The self-serve interpretation made by council of Silverback is illogical. How many people in this room know someone who attended a wedding or event at Polish Hall and had to leave their car there overnight so it didn't have to drive home? Why would we agree? It could have happened a few times. I would agree. We have a bar, so it's only logical to... Yeah, I know. ...to have a bar. Yeah, I know. I know. I know. Why would you call an Uber nowadays and taxi cab or have the wife drive you home? So, in any event, I respectfully submit the post-closing agreement as a private agreement between us and Silverback. If Silverback wants to litigate us against...on the meaning of the words, that is their prerogative, but we ask that this should not affect the variants being requested for 505 Lincoln. I thank you.

Anyone else?

You saw me swear to tell the truth, the whole truth, but nothing but the truth, so help you God. I do. Please state your name and address. My name is Daniel Burke. I live at 10 Cooper Street in Shoreham. I'm also one of the owners of Long Island Beer Company, which is an adjacent property from the Polish Hall. I've been a tenant of Jim and Frank for about eight years or so now. I would like to say that the success curve that Polish Hall is on right now seems to be great, great for the neighborhood. The improvements that they would get out of this gifted parking lot, I think is maybe the right word. I'm not sure. But just overall in the entire area, if we continue to see the upswing and improvements that are going on, it would be better. It would be beneficial to everyone. And take what was a blighted property, mind that the old Agway building had a complete turnaround. The building that's on the railroad tracks looks great now. So just to continue that whole improvement of the area, I can't see how anyone would be against that. Thank you, Mr. Burke. Someone else? Somebody back there. Thank you.

Thank you. Administrative site plan approval. They did. Yeah. For the parking improvements. The Planning Board didn't consider who would be doing the improvements. If Polish Hall wanted to do the improvements, it was done administratively. Does the site plan show 44 parking spaces or 45 parking spaces? Or how many is it? It shows the existing northern lot and then 49 proposed stalls. That's what happens. The ones that are being leased to others? This is the total. What's the total after the lease dollars?

So Polish Hall, the total with the proposed parking is 83, less the 45 that Polish Hall needs, less the 24 that 505 Lincoln would need, results in an excess of 14 stalls. So Polish Hall requires 45 parking spaces? Yes. On their website, they cater weddings up to 300 people. And they are on their website, they have a bowling lease. They're advertising for bowling leases in the basement. They're running Ziggy's Place, which is a nightclub. They can do a 300-person wedding and all these other features on 45 parking spaces? Based on the calculations that were provided on the site plan, that's what the planning board reviewed. We didn't review the website. But, I mean, like everybody said, including the president of the association, they have weddings, they have bar messes, they have multiple... parties. So I defer to council. 300 people. So are you opposed to this? I'm just questioning, because... I would love to take this property and just park a bunch of cars on it. Do you have any interest in this property or any property? Not this particular one, just what the outcome is going to be. How do you spell your listing? D-I-C-K-H-O-F-F. Can I address this? Can I reply to this? So they went through the administrative site plan, so the site plan was approved, based on what the code reads. And based on what they submitted to the planning board. You should all know that. Well, if they have to get a site plan, and the use... They did. ...currently there, that has 300 people... It's not based on people. It's based on square footage. It's not based on people. So it's not based on the usage. All right. Thank you. They can have 600 people. I may. Mr. Dickoff, you raise an excellent point, and you... jumped right ahead of me on the issue, because I have inquiries regarding, quote, the events, battle of the bands. I think your question really relates to, quote, a letter of preexisting use, or a certificate of occupancy for the use. So, at this point in time, we're going to hear the remainder of the testimony. But, it's a, very valid question. Thank you. And, one that is likely going to be required to be addressed. Thank you. I mean, looking at the file, I can see there's a lot of legal issues here. And, it's complex. And, it's a possibility that maybe everybody needs to get back to the table and figure this out. But, that's just me. I'm not a lawyer. That's how I like it. I'm not a lawyer, but I swear to tell the truth. You can sit down. You swear? Okay. We're going to do this, okay? Okay. Okay. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. My name is Elizabeth Stokes and I live at 204 Sweezy Avenue. I am the house on the corner, right there, Lincoln and Sweezy. It's an old house. It was built in 1860. And my survey was done by Henry Saxton's father, who walked off the property. So that's how old my house is. Okay, I came here tonight to offer my support for the developer across the street from my house at 505 Lincoln. Because that place laid dormant for so long. Nothing was happening to it. Guys were coming there, sitting, having like drinking parties. And this is in the daytime, in the morning. He has cleaned this up absolutely fine. It's fantastic. Behind the building, he's cleaned that up. And that was a nonsense thing. They were having guys drink and fall asleep, pass out right on the railroad tracks. This doesn't happen anymore. So I applaud him giving this building a facelift and what he's bringing to the neighborhood. There's a lot of traffic now that goes through the Polish Park lot. You know, I don't know if anybody knows that. But at night. It's like people use that, you know, as like a drive-thru. So I don't see how that's like an issue. You know, people drive the cars through there now anyway. And Riverhead PD, on a whole, have increased their patrols in Polish Town. And sometimes two cars sit across the street in a Polish Hall parking lot for like hours on end. So with the new streetlights I got. I put in. They're like strobe lights. I mean, it is really safe there now. And I applaud this developer for doing this. And the storage facility across the way from the parking lot, that has given so much light across from that park, into that parking lot, that I feel it's an improvement. And, you know, we focus as taxpayers on the beautification of Main Street. But Riverhead. It's more than Main Street. We have to want to help the side villages here, like Polish Town. And so I am in support of this. I think they deserve it. Kim, you hit it right on the head. The people that go to that farm country kitchen, they take their life in their hands. They park in that parking lot on Sweezy Avenue. Then they have to walk all the way up to Main Street. And then take their life in their hands crossing the street. And that was allowed. So, you know. I'm not understanding this. Huh? It wasn't allowed. It wasn't allowed? We required a crossing. Oh, wow. That's like an accident waiting to happen. That's like terrible. So, anyway. I support this. Because I believe he's fixing up the neighborhood. And that's what I want. I've been there 50 years. And, yeah. I want to see some improvement. So, anyway. And thank you, all of you, for the work that you do for the town of Riverhead. All right. I don't get up to the mic too often. When you refer to he, who are the people that are developing this? I'd like to see. Are they here? Can you raise your hand? Can I see who you are? Okay. And your wife. And your wife. And wife? And wife. She's the boss? Okay. Really. I applaud them. I really. As a tax accountant. No, I'd like to meet people who are doing projects. Which is okay. So, I applaud them. Whatever can be done in that area for improvement, I'm all for. I'm all for. So, let me get this clear in my head. The Polish Hall is trying to get. Parking spots. And rent. Are you renting? Correct. Over a period of so many years, as long as the building exists? It's an agreement. It's an agreement. Correct. And you would benefit. The Polish Hall would benefit from it. Correct. Okay. And Silverback, is that. Is that you guys? Okay. And there were questions of cross-seasements. There are questions that we're asking. You know, the thing. The documents. That Mr. Cuddy filed. We're not sure legally where we stand on all this at the moment. But we're certainly going to defer to legal counsel on this. Well, I just want you to know what our position is going to be. Or is. Or at least mine. At this point. But I'd like to know who the players are, too. Well, you know what? It's good to know. I'm proud of this town. I love Riverhead. Well, I love Riverhead. That's why I stayed here. And I know all of you want to do what's best for Riverhead Town. Of course we do. And like I said. The beautification. The part. Should not only be Main Street. It should be other parts of the town. And then we all come full circle. Everybody benefits. So, again. I applaud all of you. For the work that you do. I haven't been to the mic in a long time. So, I'm retired now. So, I might have some more time to do this. You're always welcome. Very good. I'm going to retire and get in trouble. Thank you very much. Thank you. Thank you, Mr. Cuddy. Thank you. Thank you. Anyone else out there? Just to get your name and address. Good evening. Charles Cuddy. 445 Griffin Avenue in Riverhead, New York. As the gentleman indicated, I represent in this matter, although I did not do any litigation, Silverback Holdings. I think that I've admired the work that Kimberly Judd does. I think that she's a great person. I think that she's a great person. I think that she's a great person. But I think I've reached a very different conclusion than she has about this application. The application really is based on what she said, which is 301.231 of the Town Code. That says a couple of things. It says when you have spaces that are within 200 feet, you can then have this particular approval. Of course, they don't have spaces within 200 feet. They have them within 323 feet, which is 50% increase. But that's very minor. What's really significant is you have the two zones, and you have the code saying something very deliberate. It says parking spaces cannot be created in a residential district unless the use in which the spaces are accessory is permitted in the residential district. There's no question that an apartment is permitted in a RA40 district, which means that you can't have a parking space in a residential district. You can't get an area variance. This application is for an area variance. When something is not permitted, it's prohibited in zoning. If it's prohibited in zoning, without any question, there's only one variance you can get. It's a use variance. This is not a use variance application, and it probably couldn't be. So I don't think you could ever approve the application that's been made. It's a use variance. It can only be granted if it's a use variance. If it's prohibited, it's not permitted. And that's it. It's that direct. So I would ask the board to really consider that, because this cannot be granted as an area variance. Thank you. Thank you, Steve. Mr. Cuddy, could I ask you a few questions? So there was a cross-access and shared parking agreement. And I think that's a good question. I think it's a good question. Are there any helt身身身身身身身身身身身身身身身身 related to the application for subdivision is that correct we're in your client it was divided such that polish hall had their property and your client gained his piece of property okay and that subdivision was approved okay and under the second there was some discussion regarding the post closing but I'm not focused on that what I'm focused on is provision two under the cross access and shared parking declaration which states that for an in consideration of one dollar and a half the receipt of which is hereby acknowledged the declaring grants cross access and shared parking between the two lots so the way that may be interpreted is that polish hall granted a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a And this cross-access agreement, that was required by the approval resolution of the planning board, yes or no? I think it was. I don't have it before me, so I can't read it. Okay.

Question. Does your client have a letter of pre-existing use or a use permit currently for his property? No. I'm sorry. Does your client intend on making application in the near future? Yes, you would probably have to apply for a use variance. Yes. Okay. And am I correct? Your client did not secure a letter of pre-existing use prior to the subdivision of the property? That's correct. Okay. Because there's a provision in the town code, and don't quote me, I don't have it in front of me, but I believe it's 301-222, that when you have a pre-existing non-conforming use, you can maintain it on a lot held in single and separate. Okay. In this instance, there was a subdivision of property that divided the property owned by Polish Hall into the two different lots. Okay. Yes. I don't have anything else. Anybody else?

Anyone else in the audience who wishes to speak? Okay.

If nobody else is speaking.

I wish we were able to tell the truth, the whole truth, and nothing but the truth. The truth. Sal, please state your name and address. Frank Fisher, Fisher Organization. My office is 500 Riverlea Avenue in Riverhead. So I'm just a little confused, and again, what Ray said is about the outcome. Are we talking about commercial, multi-use property being able to rent parking spaces from residential property? Is that what this is? So what the application seeks, basically, is under the code section, they're seeking relief for a commercial use utilizing parking in a residence A40 zone. Okay. I don't have a dog in this fight, but I'm just very curious in the outcome, because we don't... I don't know if you're familiar with the code, but we're going to be submitting some applications right behind it. Second thing, I've been part of Polish Hall my whole life. I grew up in the hall. I have many memories of steak dinners, and we were just there actually for the lobster roll bake on Sunday, and I think it's an incredible place. So I just want to offer to you guys, if this doesn't go through for you, I'm a developer as well. I think your quotes for the parking lot are extremely important. Extremely expensive. I think we can get it done for about $60,000, and I would like to donate that money to the Polish Hall, if you don't get this through as a plan B, and try to help you guys out. All right? I have them in my pocket. All right? That's nice of you. Love Riverhead. I'm a Riverhead son. Graduated here, 97, my whole life, and the least we can do. Thank you very much. Thank you. Thank you. Anyone else? Well... The plan is to apply for a parking lot. Is that a good idea? Yeah. That's a good idea. That's a good idea. Any other comments? I'll be real quick. Sure. To the gentleman, Mr. Dykoff, that was asking about the parking requirements, I'm just reading from the map that the parking requirement for the town of Riverhead is one stall per every 300 square foot of floor area. So it's based on the size of the building, 8,529 square feet divided by 300 square feet is 29 stalls required. You add that with the bowling alley, four stalls per floor. So that's the total number of stalls per alley, four alleys times four equals 16 stalls. So the total stalls provided, 45. So that's how that number was arrived at for the gentleman who asked before. So earlier there was a mention of a parking study done. Did the parking study include a study of the uses of Polish Hall? No. It included... No. It included the... No. It included the anticipation generation of how many spaces are going to need for 505 Lincoln. Okay. So it did not analyze the potential spaces necessary or utilized currently by Polish Hall? Not the current one. That's correct. It did not evaluate how many spots... Because the number of spots that we're proposing are in excess of what's required. Are there any zones for Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale they had an apostle had another attorney but I didn't read that was submitted to the record okay and I read the the other agreements as well the last thing I want to say to the board an opinion on that on whether or not silverback has a right to any of the parking spaces I think I don't have any issue I think what the parties were disagreeing about from mr. Cuddy's letter was that there was no overnight parking of vehicles allowed by anybody anywhere so that is what I got from the reading of the agreement and I think that's what mr. Nigin replied to was no that's not how it reads and that's not how it was negotiated with count their attorney and the attorney for silverback and by the way he is he may have raised that that's not my question my my question is you've reviewed it you read it do you have an opinion as to whether or not mr. Cuddy's client has any rights to any of those parking spaces I think the plan shows that he has dedicated parking spaces on his property and the cross-access agreement allows for each of the parties to pass through the properties to get to their parking areas it says grants cross-access and shared parking I'm not I'm not debating interpretation that that language simply meant you get to drive through and pass through I'm not disputing any part of the cross-access or the post closing agreement other than the overnight parking that's my only concern I'm not disputing that they're allowed to drive over across each other's properties that they can park I we show a plan where we're providing 83 parking stalls which is 14 spots in excess of what the uses for Polish Hall plus 505 Lincoln would require and by the way that it uses for Polish Hall it uses forай forай forай forай forай forай forай forай forай forай admiration and respect for Mr. Cuddy. And that's the truth. And this is not before you. This is a private matter which they can litigate in a proper venue. Proper venue is Supreme Court, not the Zoning Board of Appeals. You are not here to issue an opinion or to read into it. You are just here to listen to everybody's testimony and our request for the area variance. The legitimacy of that post-closing agreement is not something that is before you. With all due respect, Counselor, if there are no parking stalls to give, that is an issue for the Zoning Board. There are plenty of parking spots. There are plenty. There are 83 stalls that are being proposed. There are existing stalls on the northerly parking lot. And by the way, anybody that goes, by there, that southerly parking lot, how many cars are there, Tom? Usually. I don't want to make you talk from, but come up here. Let's talk about parking on the southerly lot. How many, how often is that lot full or used? Basically on the weekends, either a Friday or a Saturday event. You know, birthday party or, you know, whatever catering event we would have on a Saturday. Give or take Polish Hall, we average either 100 to 250 people on a catering event for a weekend on a day. So addressing parking, yes, the northern lot fills up quickly because that's on the church side. The southerly one does even out and it does overflow into Silverback's property slightly if they park that far. But usually they don't. Because... There's no light there and they kind of shy away from there. There is overflow parking though at the old Agway across the street. So a lot of people go over there and where the taxi cab place used to be, which is directly across from the steps from Polish Hall. So we're not disputing that we share the parking and he's able to share parking with us also. I'm not disputing that. I mean, we're... We all play, you know, we try and play nice. Even to say that, even when church goes on on Saturday and Sunday mornings, I have all the church parking coming onto Polish Hall. It's been that way since I was a little boy. And it's just the way things are. I can't rope it off. I can't put signs up saying, no, you can't park here. I have a christening this morning or something. You know, it just doesn't happen. And I'm not going to deny church people from parking there and going across the street to St. Isidore's. It's not the nice thing to do. But basically Fridays and Saturdays, yes, the southerly part is full. And give or take, we'll have, you know, maximum like a sweet 16 or something with the Spanish. There's usually around 250 people. But down from there, unusual party is 150 to 200. And that's the way it is. So I think that's the way it is. And I think that's the way it is. And I think that's the way it is. And I think that's the way it is. Thank you. Thank you. I'm just going to hand up a line of cases for council to review. It's in response to Mr. Cuddy's argument that a use variance standard applies. I'm not going to sit here and bore you all with the details. I'll hand it over to council. But basically, if you're not seeking to change the essential use of the property, an area variance standard applies. We are not seeking to change the material essential use of this property. Polish Hall is still going to remain a catering facility. It's still going to have a bar downstairs. It's still going to have a bowling alley. It's still going to host events. Parking is a permitted accessory use. And we're going to submit this for that proposition. Yes.

! Are there any questions for members? Are there any questions for members? Are there any questions for members? Are there any questions for members? Are there any questions for members? Are there any questions for members? Are there any questions for members? Are there any questions for members? Are there any questions for members? Are there any questions for members? Are there any questions for members? Are there any questions for members? Are there any questions for members? Are there any questions for members? Are there any questions for members? Are there any questions for members? Are there any questions for members? Are there any questions for members? Are there any questions for members? Are there any questions for members? Are there any questions for members? lease what happens at the end of the lease where the course there is an option to renew it again we haven't gotten that far because we don't know if we're getting a variance so we we haven't we did draft when I say we polish wall and it was just a proposal we did give it to the town attorney for his eyes he did take a quick look at it he did make some suggestions but again I'm sure he'll have more comments if we get that for and that was my last question so I went through the proposal proposed agreement that you submitted and I'm not sure if you have any other questions I'm just going to go ahead and I'm just curious states the lease premises shall not be used by tenant to park recreational vehicles RVs campers boats pods storage trailers or commercial vehicles that take up more than one parking space just out of curiosity are all these things to be allowed if they fit in one parking space I think the intent is that people and like I said this is a proposal it hasn't been fully fleshed out but no I don't think intent is not to have commercial vehicles oversized vehicles parked in any dedicated area if the board sees fit to grant the variance you can see I went through a couple markers help markups so I would take a hard look at some of the recommendations that the board has made in the form of a final decision so the first one is that the parking space should be

October 9th or October 23rd. I think we've heard a lot of testimony. There's a lot of information here, and as Mr. Bourne said, there's a lot of complexity here. And we'd like to go to October. October 23rd. 23rd to adjourn, and possibly then all the parties that are involved can somehow get together with our legal attorney, Ann Marie, and see if this can't be worked out. Okay, right now, I personally can't form any kind of opinion because it's so complex. And we want to do the right thing, so we don't have 29 applications. We have to say we approve this one. For everybody coming in for something we did that wasn't done properly. So if you would give us the time until October 23rd, that's going to be adjourned then. And then, please. The hearing's open. It's kept open. Yes, it's kept open. We're coming back? We're not closing anything. It's good to hear that the polling hall is making a comeback because that is a famous place.

Everybody loves the polling hall. So, a motion to adjourn? No doubt. October 23rd. Have someone motion? All right, meeting's over. We're closing nothing. Mr. Chairman, we respectfully make a motion we adjourn this to October 23rd. Second. All right, all in favor? Aye. So welcome back, everyone, and let's go to work and see if we can't work this out. And we have minutes. We have minutes to do. Mr. Cuddy? Charlie. Yes. Oh, wait a minute. Cut it. No, it's not closed. Okay, great. We have meeting minutes, August 28th of 2025. Make a motion. The date approved. Okay, all in favor? Aye. The next meeting date is September 25th of 2025, so we just need a motion to close the meeting. So moved. Second. All in favor? Aye.

Yes, we're done.

Thank you.

Thank you.