November 13, 2025 — Zoning Board of Appeals

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0:00Thank you.
0:30Thank you.
1:00Thank you.
1:30Thank you.
1:32Congratulations.
1:34To the flag.
1:35Of the United States of America.
1:38And to the republic.
1:39Which stands.
1:40One nation.
1:41Under God.
1:42Indivisible.
1:43Liberty.
1:44And justice for all.
1:46All right.
1:52Heather.
1:52You want to start.
1:53The agenda.
1:54And then we'll follow.
1:55Sure.
1:56So.
1:57Appeal number.
1:582025.
1:59032.
2:00Bayview at Peconic LLC, 47 Bayside Avenue, Jamesport.
2:04The applicant's attorney has requested
2:07an adjournment to December 11th of 2025.
2:12So again, they requested an adjournment from tonight's meeting to
2:15December 11th of 2025.
2:18Okay, moved and seconded. Mr. Portia.
2:25The first appeal, 2025-032,
2:27the applicant's requested an adjournment due to an illness.
2:32So it's Bayview at Peconic LLC, 47
2:35Bayside Avenue, as previously stated.
2:40Alright, so are we good? We good there, sir?
2:44Good. Mr. Portia. Aye.
2:47Mr. Swesky. Aye. Mr. Barnes. Aye. Mr. Gazzillo.
2:51Gazzillo's vote aye. Okay, and I vote aye, so that has been
2:55adjourned. Go ahead, Heather.
2:57And then the next appeal on the agenda, 2025-028,
3:02505 Lincoln Street Opportunity Zone Fund, LLC,
3:06505 Lincoln Street Riverhead, and 214 Marcy Avenue Riverhead.
3:10The attorney for the application has requested
3:14a lengthy adjournment to January 22nd of 2026.
3:19That's Kim Judd, and then Mr. Cuddy,
3:22who's the attorney for one of the other property owners, has agreed
3:26to this adjournment.
3:27Can I have a... So moved. So moved. Second.
3:31Moved and seconded. Mr. Portia. Aye.
3:34Mr. Swesky. Aye. Mr. Barnes. Aye. Mr. Gazzillo. Aye.
3:38And I vote aye. So we've adjourned those. Go ahead, Heather.
3:42Before we move on to the next item, sir, were you seeking to be heard
3:46on the first appeal?
3:55Okay.
3:56That's the last one, so we'll end it there.
3:57We'll end it when we get to it.
3:58Okay.
4:00They'll leave you.
4:02Okay, so moving right along, our first appeal of the night
4:06will be appeal number 2025-034, Roy Sokoloski,
4:1115 Surfway North, Calverton, Suffolk County Tax Map number 600-40.2-1-42,
4:19Residence 840 Zoning for a proposed addition to dwelling,
4:23applicant request variances and or relief from Town Code Chapter 301-11,
4:27where proposed front yard setback is 9.6 feet, minimum required is 50 feet,
4:32where proposed side yard setback is 2.8 feet, minimum required is 25 feet,
4:37where proposed combined side yard setback is 11.2 feet, minimum required is 55 feet,
4:43where proposed rear yard setback is 1.4 feet, minimum required is 60 feet,
4:48and where proposed impervious surface coverage is 46.5 percent, maximum allowed is 15 percent.
4:56And if there's anyone here for the application.
4:57Any questions?
4:57Who's representing?
4:59Mr. Roy.
5:03Are you an attorney, sir?
5:05No, I am the applicant and architect for the project.
5:08He's right here.
5:09You solemnly swear to tell the truth, the whole truth, nothing but the truth.
5:13I hope you go.
5:14I do.
5:14Please state your name and address.
5:16Yes.
5:16Roy Sokoloski.
5:18My permanent address is 400 Broyerwood Lane, Northvale, New Jersey.
5:24For this application, the address is 15.
5:27Surfway North, Fading Hollow.
5:32Thank you.
5:33Also known as C11?
5:36Yes, C11 in Woodcliffe Park.
5:38Can you change those numbers anymore?
5:42It's very confusing up there.
5:44I know it is.
5:45But it's okay.
5:46We get it.
5:47It's been around a long time.
5:48Yeah, okay.
5:49Well, if I can give you a brief introduction.
5:52Also, some of you may recognize me.
5:54I'm also chairman of the Town of Riverheads Architectural Review.
5:58I'm the director of the City of Riverheads Architectural Review Board,
6:01which I've been doing for probably over 35 years.
6:03This is Woodcliffe Park, which was started in 1950.
6:08My entire life has had summers spent in Woodcliffe Park.
6:14So it is now 75 years old.
6:16As you may be aware, that community started as a bungalow community and predates all zoning for that area.
6:26And then it was subdivided, I think, for tax purposes sometime in the 60s.
6:31And then zoning came in.
6:33But nothing in that community of 200 bungalows can possibly meet the current zoning.
6:40So every lot is undersized.
6:43Every lot has excess coverage.
6:48And I'm one of them.
6:50And the intent of this project is it's a one-story bungalow, summer bungalow.
6:56Okay.
6:56Okay.
6:56Okay.
6:56Only used in the summertime.
6:59It's two bedrooms with only a half bath currently.
7:04In order to take a shower, we have to go outside to a shed on the back of the property to take a shower.
7:11That was great when I was 30 years old.
7:14I'm married.
7:15My wife is somewhat handicapped, and it's become difficult.
7:19So I'm hoping to put in a new full bathroom indoors.
7:23But by doing that, I'm losing a bedroom.
7:26So now I'm in a room with a bathroom.
7:26I need to add a bedroom to one side of the area.
7:31I actually do have extra unused outdoor space, but in order to do this, as you can see, all
7:38of my setbacks will not be current code and my lot coverage will not meet current code.
7:45So I'm appealing based on a preexisting use where none of the other areas meet code as
7:52well.
7:53Roy, can I ask you a question?
7:55On the lots up there, they describe when you have a leasehold agreement, correct?
8:01Correct.
8:02And you only lease the structure itself or is there a parcel that's leased out to you?
8:08No, we lease the parcel.
8:12I own the structure as personal property, but we lease, we have a 99-year lease and
8:21I lease the parcel.
8:23We lease the parcel, which is more or less the same as what shows on the tax map.
8:29But that was all created after these bungalows were built.
8:31And as a matter of fact, when I researched it and looked at the tax map, I found out
8:36that my neighbor's house behind me is actually partially on my property.
8:41So there's no-
8:42It is your property.
8:43Yeah.
8:44There's no way you can straighten this out.
8:46There's not enough consistency up there for me ever to try to make sense of what
8:50happened up there.
8:51Right.
8:52I mean, to me, I would just enforce the fire codes for separation.
8:58Right.
8:59There's no sense of even describing the property.
9:01Correct.
9:02Yeah.
9:03In my eyes.
9:04Yeah.
9:05But you have a lot.
9:06Is it a recognized lot by the town of Riverhead?
9:08Yes.
9:09It is because it's preexisting nonconforming.
9:11Right.
9:12But it's not a lot to be conveyed.
9:17It's a lot that can be leased.
9:19Correct.
9:20Yeah.
9:21Yeah.
9:22I can't sell the lot.
9:22I'm guessing it's for Sale.
9:24Sale.
9:25Sale.
9:26Sale.
9:27Sale.
9:28Sale.
9:29Sale.
9:30Sale.
9:31Sale.
9:32Sale.
9:33Sale.
9:34Sale.
9:35Sale.
9:36Sale.
9:37Sale.
9:38Sale.
9:39Sale.
9:40Sale.
9:41Sale.
9:42Sale.
9:43Sale.
9:44Sale.
9:45Sale.
9:46Sale.
9:47Sale.
9:48Sale.
9:49Sale.
9:50Sale.
9:51Sale.
9:52Yes, I do.
9:53May we take a look at them?
9:54Yeah, yeah.
9:55I appreciate that.
9:56Do you want me to see if Justin can put them up on the screen?
9:59I would like that.
9:59Yeah.
10:00If we could see them on the screen, that would be great.
10:03You have it on there, right?
10:04Or you want?
10:05Yes, I can find it.
10:06Oh, okay.
10:18Yes, please.
10:18It does depict the old structure and new structure?
10:23Yeah.
10:24Okay.
10:32Justin, are you there?
10:33Justin.
10:34I think he fell asleep.
10:36Justin.
10:36He left the country.
10:43So, can I ask you?
10:46It's not at work.
10:46What was the dimensions?
10:48What was the dimensions of the bedroom that you lost versus the dimensions of the bedroom
10:53that you're now creating?
10:56Okay.
10:56The bedroom that I lost was probably about 8 by 10 feet.
11:02And the new bedroom, the dimensions are up there.
11:06I don't know if you can see them from here.
11:09Yeah.
11:09That's the new bedroom, right?
11:11That's the new bedroom, right.
11:12Okay.
11:12And there's the bathroom in the middle?
11:14Yeah.
11:14The bathroom in the middle is a new bathroom.
11:17That was abandoned.
11:18That was an abandoned bedroom prior to that.
11:19Okay.
11:20And what did you say those dimensions were?
11:218 foot 7 inches by 10 foot 2 inches.
11:24That's the new one?
11:25Yes.
11:26Thank you.
11:27It basically is picking up 7 inches.
11:29Yeah.
11:30No big deal.
11:30Yeah.
11:30Yeah.
11:32Currently, it's what I call my backyard.
11:35It's empty.
11:37And all of my neighbors, my neighbor behind me has a shed.
11:41Again, I'm not saying it's a legal shed.
11:43It was just put up.
11:45It's going to be about 3 to 5 feet.
11:485 feet away from that new bedroom.
11:51So, is the shed metal or wood?
11:53I believe it's wood.
11:56Because you know there's got to be fire separation.
11:58Yeah, I know.
11:59We're trying to.
12:00I'm actually removing an existing shed on my property to create more fire separation.
12:05Okay.
12:05Currently, there's only about 18 inches separation from the back of my house to my neighbor.
12:13So, I'm actually losing a shed outside.
12:16Okay.
12:16So, try and increase that.
12:18I'm going to increase that separation.
12:19So, are you going to put a party planking or something like that?
12:21Yeah.
12:21Yeah.
12:22To have a better fire rating?
12:24Yes.
12:24Okay.
12:24You don't have many options.
12:26Hmm?
12:27You don't have many options with that place.
12:28No, I have really no other options.
12:30I mean, the only other option was to go up.
12:34Except that, as I said, my wife is somewhat handicapped.
12:37That wasn't stairs.
12:38And that doesn't work for us.
12:42How does the neighbor behind you feel?
12:46That is a new owner.
12:47So, I've never actually discussed it with them.
12:49I did send out all my notices.
12:51I don't know if they replied.
12:53But all of my other neighbors, you know, and I've known some of these people for 30, 40 years, are fine with this.
13:00I mean, I've been talking about this with my neighbors for the last two years.
13:04And they're all fine with it.
13:06I can confirm I received all of the certified mailing receipts.
13:09There are some green cards that came back.
13:11I didn't receive any correspondence on this particular.
13:14What's the unit number behind you?
13:17You recall?
13:21I'm going to say B12, but I'm not positive.
13:27Well, I would assume that you sent letters.
13:30Oh, yeah.
13:31And you did.
13:31Yeah.
13:32I got the list of addresses from you.
13:35We don't want any surprises.
13:36Yes.
13:37And Ben Carlin, who was actually the owner of all these lots, has already said he approves this.
13:43Approval.
13:44I saw it.
13:45Yes.
13:45Thank you.
13:46Okay.
13:47Thank you.
13:48Anyone else that wants to talk on this variance?
13:53Board?
13:55All set?
13:56Let's go.
14:01If you could please come up to the microphone if you're going to address the board.
14:10Hi, everybody.
14:12I'm Robert Nelson.
14:13Excuse me.
14:14Are you an attorney?
14:15No, I'm not an attorney.
14:15I'm an attorney.
14:16I'm an attorney.
14:17I'm just a tax payer.
14:18Riverhead tax payer.
14:19You said you swear to tell the truth, the whole truth, and nothing but the truth.
14:22So help me God.
14:23Yes, I do.
14:23Please state your name and address.
14:25My name is Robert Nelson of 120 Fishel Avenue in Riverhead, New York.
14:29I was just wondering, what was his original square footage of his bedroom and his bathrooms?
14:34It was 8 by 10.
14:35The original and the bathroom?
14:38The half bathroom?
14:40Oh, the half bathroom?
14:41It's probably the smallest bathroom you ever saw.
14:44It was about 3 by 3.
14:46Maybe 10 square feet.
14:48So now your full bathroom is approximately 7 by 7 or something?
14:525 by 8, I think.
14:545 by 8?
14:55Thank you so much.
14:56You have no objection.
14:57No, I have no objection.
14:58All right.
14:59Thank you.
14:59We've got no dog in this fight.
15:01No, no, no.
15:01I didn't think so.
15:03All right.
15:03Who has this?
15:03I'll take it.
15:04All right.
15:05Mr. Chairman, respectfully regarding the appeal number 20258034, I move the appeal of Woodcliffe
15:11Park Cottages, LLC, Sulikowski Residence.
15:1615 Surfway North Bading Hollow, SCTM number 600-4.2-1-42, Residence A-40, RA-40, Zoning
15:31for Variants is Andal Relief in the Town, Code Chapter 301-11, where proposed front
15:38yard setback is 9.6 feet.
15:41Minimum required is 50 feet, where proposed side yard setback is 2.8 feet.
15:46Minimum required is 25 feet, where proposed combined side yard setback is 11.2 feet, and
15:54the minimum required is 55 feet, and where the proposed rear yard setback is 1.4 feet,
16:02and the minimum required is 6.0 feet.
16:05And finally, where proposed impervious surface coverage is 46.5 percent, maximum allowed
16:11is 15 percent.
16:12The appeal number 20258034, be approved in accordance with the application and sketches
16:15with amendments.
16:16There are two.
16:16If any, as filed with the building inspector.
16:19Second.
16:20Okay, moving to second.
16:22Mr. Portia.
16:23Aye.
16:23Mr. Zorsky.
16:24Aye.
16:25Mr. Barnes.
16:25Aye.
16:26Mr. Zillow.
16:27Aye.
16:27And I vote aye.
16:28So, if variance has been granted, good luck.
16:30Thank you.
16:31Thank you.
16:31Thank you.
16:32Thank you.
16:32Thank you.
16:35Thank you.
16:37Thank you.
16:37Thank you.
16:37Thank you.
16:38Thank you.
16:40Thank you.
16:56Next up we have appeal number 2025-036, Muhammad Faisal, 2041 Osborne Avenue, Riverhead,
17:06Suffolk County Tax Net Number 600-62-1-15, Agricultural Protection Zone,
17:13Proposed 6-foot fence and 8-foot gate in front yard.
17:16Applicant requests variances and or relate from Town Code Chapter 301-37A-2,
17:24where proposed fence height is 6 feet in the front yard and the proposed driveway gate height is 8 feet.
17:30Maximum allowed height is 4 feet in a front yard.
17:33And I think we have the applicant.
17:36Representative's on Zoom.
17:39Good evening.
17:41Robert Litt here from the Litt Law Group.
17:44Good evening.
17:45Excuse me.
17:46Are you a lawyer?
17:47Yes, I am an attorney.
17:50Would you state your name and address again, please?
17:53Absolutely.
17:54My name is Robert Litt, Litt Law Group, 66 North Village Avenue, Rockville Center, New York.
18:00Thank you.
18:01Thank you.
18:03Good evening, members of the board.
18:05As I said earlier,
18:06my name is Robert Litt.
18:08I am the managing member of the Litt Law Group,
18:10counsel for Muhammad Fasil,
18:12one of the owners of 2041 Osborne Avenue in Riverhead,
18:17and the applicant in this instant application.
18:20My client has submitted an application seeking an area variance
18:23to construct a front yard fence 6 feet in height
18:27and a driveway gate 8 feet in height,
18:30where 4 feet is permitted pursuant to Section 301-37A-2
18:35of the Zoning Act.
18:36The fence will be a see-through aluminum substantially similar to the picture submitted to the board marked sample.
18:44I believe that was submitted earlier today.
18:46Yes, that was submitted via email.
18:50I showed it to everyone.
18:52Thank you.
18:54First and foremost, I want the board to be aware that my client did everything he could
18:58to open lines of communication with his neighbors to ensure his neighbors, particularly the
19:03adjacent residential property owner, are protected.
19:05Thank you.
19:05I also want to make sure that the adjacent residential property owner was comfortable with this application.
19:09The adjacent residential property owner is not only comfortable with this proposed fence,
19:13but also wrote a letter in support of the instant application,
19:16which has also been submitted to the board.
19:18I believe you have that as well, correct?
19:20Yes, that was circulated via email.
19:22Thank you.
19:24As can be seen in the aerial photograph submitted for your consideration,
19:28the other neighboring properties are non-residential
19:32and mainly comprised of agricultural properties and farms,
19:34Thank you.
19:35as well as the waste management site and plumbing and heating facility.
19:39None of these properties seem to have any objection to the proposed fence,
19:43as same will have absolutely no impact on the functioning of their properties and business operating therein.
19:49I believe you also have that aerial map, correct?
19:52That was also circulated via email earlier.
19:54Yes, we saw it.
19:56Thank you.
19:57Also submitted for the board's review is an aerial photo showing the approximate location of the fence and gate.
20:04They are sufficiently distant from any driveway and structures on the neighboring properties
20:08so as not to have any impact on any neighbor's use of their property.
20:12It would also be positioned as such that they will not obstruct any view and interfere with any traffic on Osborne Avenue.
20:20I believe you have that as well, correct?
20:22Yes, I believe you have that one as well.
20:28I just want to make certain you have it where actually one of my people in my office was very nice and did a little tech work,
20:32Thank you.
20:33and showed where the six-foot fence would be and where the gate would be, correct?
20:37You should have that.
20:40That's the mock-up and the picture.
20:42Yes, we have that.
20:44Yes.
20:45Thank you.
20:47The purpose fence and gate are completely in line with the neighborhood and its characteristics.
20:52Multiple properties in the neighborhood have similar features and there will be no negative impact
20:58should the applicant construct his own similarly situated fence and gate.
21:03Furthermore, the instant application satisfies the requirements of an area variance.
21:07The benefit to the applicant outweighs any detriment to the health, safety, and welfare of the neighborhood.
21:13The applicant and his brother own the property together, use it as a secondary home,
21:17which they visit with their respective families throughout the year.
21:20The six-foot fence will provide safety and security for the families, which includes small children and elderly members.
21:28The proposed fence will fit perfectly well with the neighborhood's overall aesthetic.
21:32In fact, there is a plethora of properties in the neighborhood which contain similar fences.
21:36Therefore, granting the requested variance will have absolutely no negative impact on the surrounding property values.
21:42Based on the foregoing, I respectfully request on behalf of my client that the area variance request be approved.
21:49My client, Mohamed Fasil, is on the line as well, and he's here today with us to answer any particular questions the board may have for him as well.
21:57Thank you, and I'm here to answer questions too.
22:00The fence, does that go around the neighborhood?
22:02It goes around the entire property, is that correct?
22:04No, it's only going around the front, but there is fences, I believe, that continue around the property.
22:08There is what?
22:10I believe there are fences around the property itself, but they are in compliance.
22:15This is the only one that's going to be higher, is the six-foot one on the front and the gate itself eight feet.
22:19But what is the purpose of the fence?
22:22We understand the purpose of the fence is essentially, number one, for safety in such that he has small children and he has elderly,
22:29and we really want to make certain that the property is secure and safe.
22:32That's the only reason for the fence.
22:34So there are small children, but that doesn't stop them from going to the corner of the property and crossing out into the street.
22:40I'm just trying to make sense.
22:42There are fences that run around the side of the property and the rear of the property.
22:45I see.
22:46Mr. Fasil could identify them further, but what I understand, they are surrounding the entire property, so the property will be completely secure.
22:53So the survey does not depict a fence along the northern part.
22:59Well, it shows a wooden fence, I guess.
23:01Yes.
23:02There is a wooden fence.
23:03How high is that fence?
23:04From my understanding, it's in compliance.
23:06It's no more than four feet tall.
23:08Okay.
23:10So it looks like it goes in about 50 feet, and then there's a hedge row.
23:18So does that mean that the kids can get around that and get out to the street?
23:22That's all I'm concerned about, is the kids getting in the street.
23:25From what I understand, the property will be fully secure once the six-foot fence up front along with the eight-foot gate will be completed.
23:31Okay.
23:32So if you have a four-foot wood fence on the north side of the property, why does the one on the street have to be six foot?
23:38Why can't that be four foot?
23:40Because that's what the code requires, four foot.
23:42Because it's the street.
23:43Because it's the street.
23:44And it's our position that we wanted to have a high enough fence for the street area, everything else.
23:47Number one, in the back, most people, again, for safety and security, not about the kids getting out, but other people getting in.
23:52From what I understand, based on Mr. Fasil mentioning us, there were some kids getting out, but other people getting in.
23:56So it's a good thing that we have a fence.
23:57I think that's a good thing.
23:58I think that's a good thing.
23:59I think that's a good thing.
24:00You were also saying it.
24:01You were also saying it.
24:02You were also saying it.
24:03You were also saying it.
24:04You were also saying it.
24:05You were also saying it.
24:06You were also saying it.
24:07You were also saying it.
24:08You were also saying it.
24:09You were also saying it.
24:10You were also saying it.
24:11You were also saying it.
24:12You were also saying it.
24:13You were also saying it.
24:14You were also saying it.
24:15You were also saying it.
24:16You were also saying it.
24:17You were also saying it.
24:18You were also saying it.
24:19You were also saying it.
24:20You were also saying it.
24:21You were also saying it.
24:22You were also saying it.
24:23You were also saying it.
24:24You were also saying it.
24:25You were also saying it.
24:26You were also saying it.
24:27PROPERTY, PLEASE TRY TO ANSWER THE QUESTION OF THE BOARD
24:29MEMBER, PLEASE.
24:30HE HAS TO BE SWORN FIRST.
24:31PLEASE RAISE YOUR RIGHT HAND.
24:33DO YOU SELL ME SWEAR TO TELL TRUTH, TO HOLD TRUTH BUT THE
24:36TRUTH SO HELP YOU GOD?
24:37PLEASE STATE YOUR NAME AND ADDRESS.
24:39YES.
24:40HOLD TRUTH.
24:41HI, EVERYONE.
24:42MY NAME IS MOHAMMAD FAYSAL.
24:44AND I'M ON DISCUSSING ABOUT 2041 OSBUN AVENUE.
24:49SO I WOULD LIKE TO CORRECT ONE THING.
24:52LIKE YOU'RE TALKING ABOUT THE FENCING ON THE SIDE AND THE BACK
24:56OF THE PROPERTY, RIGHT?
24:57THE WOODEN ONE?
24:58ON THE SOUTH SIDE OF THE PROPERTY.
24:59SOUTH SIDE.
25:00YES.
25:01THERE IS NO FENCE.
25:02OKAY.
25:03THE EXISTING FENCE, RIGHT?
25:05IT DOESN'T SHOW A FENCE ON THE SOUTH SIDE OF THE PROPERTY ON THE SURVEY.
25:11OKAY.
25:12IS ON MY PROPERTY YOU'RE TALKING ABOUT?
25:16YES.
25:17I HAVE THE SURVEY IN FRONT OF ME.
25:18I DO NOT SEE A FENCE THAT IS DEPICTED.
25:22HOWEVER, I SEE WOODS.
25:24I SEE THAT THERE'S A WOODED AREA.
25:25MAYBE THAT'S.
25:26THAT'S WHAT YOU'RE THINKING ABOUT.
25:28THERE'S A FENCE RIGHT HERE.
25:30AND HERE.
25:32I WAS.
25:33THERE IS A FENCE.
25:34THERE IS A FENCE ON THE BACK OF THE PROPERTY.
25:36THIS IS THE SOUTH SIDE.
25:37ANOTHER FENCE.
25:38THIS IS OSBORNE.
25:39IS IT SOUTH SIDE?
25:40YOU GOT IT UPSIDE.
25:42HIS FENCE IS RIGHT HERE.
25:43THIS IS THE SOUTH SIDE FENCE.
25:45IT SAYS FOUNDATION.
25:46CONCRETE FOUNDATION.
26:26But he's attesting that there's no fence, or there is a fence.
26:32Which one is it?
26:33Which one is it?
26:33Is there a fence or isn't there?
26:36Which side of the property, toward the Young Avenue you're talking about?
26:41Yes, yes, towards Young Avenue, Young's Avenue.
26:44Okay, next, so next to my neighbor, right?
26:46The right side of my neighbor you're talking about?
26:48I believe, right?
26:49Depends on which way you're facing.
26:52Yes, on the Young's Avenue, Muhammad.
26:54Yes, yes, that one has a fence in it.
26:56The property, yeah, I would like to, I think, yeah, that one has a fencing on the property,
27:01which is compliance, you know?
27:03The wood and the wires.
27:09From what I understand, there's a wood fence that runs along the southern part of the property by the woods, correct?
27:15By the wood.
27:17Council, you stated earlier that there were properties similarly situated.
27:25Can you...
27:26Do you have a list of residential properties, non-agricultural properties, residential properties that have six-foot fences in the front yard and or eight-foot gates?
27:43Yes, we think the Foxwood Village had a six-foot fence.
27:47It was located at 1407 Middle Road, which is about a half mile away.
27:51Yeah, that's a commercial property, and it was treated as a commercial property.
27:56It's not a residential property.
28:01Even though there are...
28:02There aren't too many residential properties there, because most of them are farms and businesses and such.
28:06This is the closest one we had to it, since that was residential use.
28:09We considered that one would be at least close up.
28:11But it's treated as a commercial use, and it goes through a process called site plan review.
28:16And that's why the town required that fence around that property.
28:21So, do you have any residential properties that have six-foot fences in the front with eight-foot gates?
28:27Not that we could locate any ones over there with a six-foot fence and eight-foot gates.
28:31Only the fact is that there were similar types of gates there, other types of properties, and similar in that fashion.
28:36But if not, I don't have any ones that are particularly residential fences that I was able to locate.
28:40Because there wasn't too many residential properties that I've been to.
28:43Yeah, so the fencing that you're referring to, those were agricultural properties?
28:50Yes.
28:50Yes.
28:51They changed direction.
28:56Well, I certainly would like to see some additional properties that have six-foot fence with eight-foot gates that are residential.
29:06Well, council stated he did a search and could not locate that.
29:10Okay, so.
29:11Well, I could do a further search if necessary to see.
29:13I could not find them immediately from an initial search.
29:15I see.
29:16But that's obviously, you know, something which we have to go a little deeper in how further out we need to go to go locate from the property.
29:21I was trying to find them in the general vicinity.
29:23A four-foot fence would not help you.
29:27My client had indicated that he wanted something a little bit higher than four feet.
29:31And is it going to be a solid fence?
29:34It's going to be a see-through fence.
29:36A see-through fence?
29:37Yes.
29:37So he's seeking privacy, but you can see through it?
29:41Yes.
29:41Yes.
29:41Exactly.
29:42It has security and such.
29:43But more than anything else, it does give a sense of the ability to keep people out and keep people in.
29:48But, council, isn't the fact that the absence of a fence on that other side inconsistent with his concerns?
29:56Is that a sign of security?
29:58I think what's more important is that, if you take a look at the survey, the other parts of the properties don't have the access to the main road.
30:05That's really what we're more concerned about is that to the south you had the town of Riverhead's property, which was essentially forest and woods.
30:14To the north, we did have the necessary fences.
30:16And to the other side, which was also the town of Riverhead, and to the back, which was also a commercial property, people didn't have the same access as to the front of the property.
30:25So we focused on the front of the property, which was right on Osborne Avenue.
30:29And that's where we really wanted to maintain the majority of the security.
30:33So do you have any copies of any police reports wherein you reported incidents of trespassing?
30:42Mohamed, did you have any incidents yourself, please?
30:45Okay.
30:46So it's like I didn't have the copy for the incident or the report, what happened.
30:52But a couple of times I called the police, right?
30:55Yes.
30:55And I didn't complain because there was some trespassing and people go all the way in the back of the property.
31:02But you made reports.
31:04Yeah, but I didn't have any.
31:06Just we called.
31:07We called the police.
31:08But we didn't have anything inviting, anything in written.
31:10But you just stated, unless I heard you incorrectly, you stated coming from the back of the property.
31:21You stated.
31:22No, no, no.
31:23You described it as.
31:25You had people coming from the back of your property, not the front of your property.
31:31That's what you said, unless I heard it incorrectly.
31:33Front.
31:35The front or the back?
31:38They entered the property from the front and go to the back.
31:42Yes, they came to the front to the back.
31:44Exactly.
31:44It's large enough of a property where essentially they were coming through the front area.
31:47We were hoping that the fact that the six-foot fence with the eight-foot gate would keep them from coming through the front and make it much harder for them to get access down the pass.
31:55Coming from the rear.
31:55The side is very difficult.
31:57From the front is very easy.
31:59Okay.
31:59Excuse me.
32:00Mr. Lit.
32:01Is it Mr. Lit?
32:02Yes.
32:04Looking at this property, this is a huge piece of property.
32:07It's eight acres.
32:08Why wouldn't you put a fence that would secure your house and the property around your house?
32:14Why are you securing a huge piece of property?
32:19Why wouldn't you?
32:20If you wanted security, why wouldn't you have the gate and have fencing run down and give yourself enough land?
32:25Why wouldn't you have a safe space for your house and driveway and everything and you'd have a secure piece of property?
32:31I think more than anything else, they were focusing on the front first.
32:35And the fact that the other parts of it, since it's eight acres and it's pretty substantial, to at least deal with the front first and then use the natural boundaries themselves in order to keep the safety aspects around the rest of the property.
32:46If they found that there was going to be a problem, then they would really just need to just get the necessary permits and keep a four-foot fence around the rest of the property at a later time.
32:54But they wanted to at least start with the process.
32:55Of the six-foot fence plus the eight-foot gate in the front first to do this process here.
33:01And there is fencing along the rear and there's fencing along some of the other parts of it.
33:05So it's a little bit piecemeal as he's sort of working through this process.
33:13Well, I think you as an attorney, you can see our concern because we don't particularly care for six-foot fences in a front yard in residential properties.
33:24That's why we have it.
33:25And the zoning code that is prohibited and that four-foot is acceptable, but six-foot is not acceptable.
33:32So if you know of any other properties that you can provide us that had sought relief or had put it up without objections, I would have a tendency to say okay.
33:46But right now, I think we're looking for some other properties that have that kind of, and I don't know of any myself.
33:55So it would be helpful if you could provide that, Counselor.
33:59Yeah, that would be, that's fine.
34:01We're going to go a little bit deeper, dig a little bit deeper to see if we can find something that do fall within the good points.
34:06I would suggest that.
34:07Mr. Litt, if you could also secure any prior police reports regarding trespasses.
34:13Yeah, that would be good, too.
34:14Absolutely.
34:15We'll get police reports and we're going to try to find other properties that have similar six-foot fence.
34:18Okay.
34:18Well, that's good.
34:20Okay, gentlemen.
34:21So do you want to adjourn to the next meeting?
34:25Yes.
34:25December 11th?
34:26That's correct.
34:27Yes, thank you.
34:28That should be fine.
34:29As long as we do virtual, that should not be a problem.
34:31You'll bring that back to us and you'll send that to our assistant via e-mail?
34:38Absolutely.
34:39Thank you, Counselor.
34:41I appreciate it.
34:41Thank you very much for the Board's time and comments.
34:44Thank you.
34:45Thank you so much.
34:46You're welcome.
34:48Thank you.
34:48I'm going to adjourn this to December 11th.
34:50So I'm going to make the motion.
34:51I'd like a motion to adjourn it to December 11th.
34:54Second.
34:54Second.
34:54Second.
34:55Move in the second.
34:56And Mr.
34:56Aye.
34:58Thank you again.
34:59Mr. Barnes.
34:59Aye.
35:02Zillow.
35:03Zillow.
35:04Aye.
35:04Thank you, gentlemen.
35:05So that's been adjourned to December 11th.
35:08Heather.
35:09Thank you very much.
35:10Again, thank you very much.
35:14Next appeal is appeal number 2025-037, Glenn and Virginia Woodhull, 506 Soundshore Road,
35:23Jamesburg, Suffolk County.
35:24Tax Map Number 600-7-1-21, Residence 840 Zoning, to legalize two sheds.
35:31Applicant requests variances and or relief from Town Code Chapter 301-9A1A where an existing
35:39shed is located in a front yard, not permitted, and 301-9A1B where a shed located in a side
35:47yard is 2.6 feet from side property line, minimum required is 20 feet.
35:52Thank you.
35:52Thank you.
35:52Thank you.
35:52Thank you.
35:52Thank you.
35:52Thank you.
35:52Thank you.
35:52Thank you.
35:52Thank you.
35:53Thank you.
35:53Thank you.
35:53Thank you.
35:53Thank you.
35:54Thank you.
35:54Thank you.
35:54Thank you.
35:54miss judd good evening kimberly judd 737 roanoke avenue riverhead glenn and virginia woodhull are
36:00the owners they're not here tonight but their daughter christine malicean is is here she's
36:05sitting up front they might be on zoom who are these people uh glenn and virginia woodhull
36:11and who's this and this is their daughter christine christine she's actually right now
36:16did i say the wrong name oh okay i'm just having a little fun okay i know so this property is
36:22located on sound shore road and riverhead it borders the long island sound to the north
36:27the property is 3.2 acres it's located in the ra40 zoning district so it's an oversized property
36:34it benefits from a certificate of occupancy for a mobile home and deck this property has been in
36:42the woodhull family for over 30 years glenn in virginia the current owners received the property
36:49from a trust from there from glenn's
36:52parents and i think they obtained the property probably in the early 2000s
36:58so there are two sheds on the property and that's what we're here before you i i have
37:05watched your other meetings i know how you feel about sheds if you can locate them in a conforming
37:10location you would rather they be relocated than grant a variance so i'm going to show you i don't
37:16know if you were able to go to the property today there's no place else to put these two sheds that
37:20doesn't require variance yeah we'll use it for various uses it's it's it's it's it's it's it's it's
37:21Yeah, we were actually at the site.
37:22Oh, you were there?
37:23Yeah.
37:23Okay.
37:24So I put some pictures in there, and I think the survey is worth a thousand words.
37:30I know that at the road, you can see on the survey, the contours, the elevation at the road,
37:36it's Soundshore Road, 76 feet, and as you progress towards the rear of the property,
37:41it goes down substantially.
37:43There is no place to put these sheds in the rear yard because, as the pictures showed,
37:47they are right behind their deck, there's a staircase, and it's 30 feet down.
37:53And the property is naturally vegetated heavily.
37:56There's only enough room, as you can see on the survey, for a narrow walking path.
38:02So it doesn't make sense to put it in the rear yard because right behind their deck,
38:07behind the house, is a 30-foot drop.
38:09And the pictures in the packet will show you that there's a picture of my client,
38:15and actually Christine walking down the stairs.
38:17I don't know if you can take a look at that, the pictures, I think.
38:22You can see from the aerial, I put this aerial in the package.
38:27It's Suffolk County GIS photo.
38:29It shows my client's property has a blue circle on it, and you can see the two sheds on there.
38:35It's dated 2001, so you can see that they're there.
38:38The aerial photo before that's 1984.
38:40It's too early, so it doesn't show it on there.
38:43But my clients estimate that the sheds were put in.
38:47They're current locations around the 1990s by Mr. and Mrs. Woodhull's parents.
38:54Yeah, we saw a satellite with footings.
38:56What date was that one?
38:592018.
39:02For the sheds?
39:04These are the next page.
39:05We saw a satellite picture, right?
39:072018?
39:092008.
39:09That showed just footings.
39:11So was that shed put in?
39:13No, both of these sheds were put in the 1990s.
39:17And then put back?
39:22You want to ask?
39:24This is Christine Malacena.
39:25If you want to swear her in.
39:26Yes.
39:27Raise your right hand, please.
39:29You're telling me to swear?
39:30Tell the truth?
39:30The whole truth?
39:31Nothing but the truth?
39:32So help you God.
39:32I do.
39:33Please state your name and address.
39:35Christine Malacena.
39:36I live at 506 Soundshore Road, Riverhead, New York.
39:39Thank you.
39:40So the Moore put-together shed was at one time an aluminum shed that had received a lot of
39:47heavy damage during a storm.
39:49So it was replaced in the same area.
39:52Footprint.
39:53Footprint.
39:53Thank you.
39:54I see.
39:54Yes.
39:55So maybe it was replaced.
39:57So it was replaced after or during 2018?
40:01I think after.
40:02After.
40:03Okay.
40:03So now we have two that we're looking at.
40:07And let me ask this.
40:10You have a subdivision going on with this?
40:12Yes.
40:13We're trying to subdivide so I can build a house.
40:16Okay.
40:16Okay.
40:17Okay.
40:17Okay.
40:17Okay.
40:17Okay.
40:17Okay.
40:18Okay.
40:19Okay.
40:21Okay.
40:21Okay.
40:21Okay.
40:23So are those sheds like mounted in cement?
40:28How do you have them anchored?
40:31They're not in cement.
40:34I mean is it possible that they could be moved after you do the subdivision?
40:38Or you just want to keep them in place until you get your house built and all that kind
40:41of stuff?
40:42So we're going to build on the other side.
40:43What's the other side?
40:44So the east side of the property.
40:47Right.
40:48I see that.
40:49That's all vegetation now.
40:50So we're splitting the property down the middle basically all the way down the middle.
40:53Kind of down the middle.
40:54Correct.
40:55And would you be willing to take one of those sheds and bring it over?
40:58If I have to.
40:59They could do that, but they speak to the variance.
41:00Any place.
41:01I understand.
41:02Right.
41:03Any place.
41:04I just want to know if they're willing to do it.
41:05We're not going to make you make it do it, but we're thinking about making you do it.
41:06You want a house?
41:07You know.
41:08The one was built by my great-grandfather.
41:09Okay.
41:10So it has good sediment.
41:11And it was built at a porch that was a little bit lower than the ground level.
41:12So it's a little bit lower than the ground level.
41:13Yeah.
41:14And that has no habitable space in there, right?
41:17Because it looks like a little cottage.
41:18It's a tool shed.
41:19Maybe in the 20s people lived in there.
41:20I don't know.
41:21It was built as a porch to give them the sufficient living space to a trailer that
41:22was once on the site.
41:23Oh, I got you.
41:24Okay.
41:25In the 70s when my dad was a young kid.
41:26And so when the current modular home was put in in 1990, it was a little bit lower than
41:27the ground level.
41:28So it was built in a little bit lower than the ground level.
41:29I see.
41:30So it's a little bit lower than the ground level.
41:31Right.
41:32So it's a little bit lower than the ground level.
41:33Right.
41:34So it's a little bit lower than the ground level.
41:35Right.
41:36So it's a little bit lower than the ground level.
41:37And so when the current modular home was put in in 1990, instead of tearing it down, they
41:38just moved it and dropped the other part of the roof to make it a tool shed for my grandfather.
41:39I see.
41:40So one's a tool shed and one's a junk shed.
41:41Correct.
41:42Kinda.
41:43Toys.
41:44Toys?
41:45You need a big shed like that?
41:46Yeah.
41:47You know, because they're not...
41:48A lawnmower and...
41:49It's bigger than 120 square feet.
41:50So that's a problem.
41:51You're going to have to get rid of one of those trikes.
41:52Yeah.
41:53Yeah.
41:54Yeah.
41:55Yeah.
41:56Yeah.
41:57Yeah.
41:58Yeah.
41:59Yeah.
42:00Yeah.
42:01Yeah.
42:02Yeah.
42:03Yeah.
42:04Yeah.
42:05Yeah.
42:06Yeah.
42:07Yeah.
42:08Yeah.
42:09Yeah.
42:10Yeah.
42:11Yeah.
42:12Yeah.
42:13Yeah.
42:14Yeah.
42:15Yeah.
42:16Yeah.
42:17Yeah.
42:18Yeah.
42:19Yeah.
42:20Yeah.
42:21Yeah.
42:22Yeah.
42:23Yeah.
42:24Yeah.
42:25Yeah.
42:26Yeah.
42:27Yeah.
42:28Yeah.
42:29Yeah.
42:30Yeah.
42:31Yeah.
42:32Yeah.
42:33Yeah.
42:34Yeah.
42:35yard and if i go in front of the house anywhere i need a variance to put the shed in a front yard
42:41so i submit that the property owner who would be most negatively impacted to the west over here
42:48de river has already verbally told my client they have no objection to the sheds remaining there
42:56and i would just say uh as a sort of an aside the town of south hampton on waterfront properties
43:03they flip the front and rear yards that way you can put your accessory structures on the roadside
43:08i i know that's something that makes sense so i think it makes sense only because you just can't
43:14put it in the rear yard because of how a good drop it is when you're walking over to the beach
43:20and any place else you're going to need it for a side or or front yard okay thank you
43:27are there any more questions see anyone out in the audience that would like to talk on this variance
43:32christine want to test
43:33point i think is that everything no christine does she want yes i'm sorry julian no we have
43:41any problems down there does anyone on zoom want to speak on this matter
43:48doesn't look like heather who's got it
43:52hello can you hear me yeah who is it this is glenn woodhull
43:59good evening to the west
44:03dad yeah this is i receive this um property wait a minute we gotta swear him in where is he
44:12okay i'm in salisbury maryland can you unmute do you think justin
44:21what can i do for you how can i do hold on please
44:30just stop stop stop
44:33are you in cell phone or in video
44:39video zoom
44:42down below are you not one of those squares the first one over there
44:50i was on here in a minute but i don't know why it's not now
44:54yeah we can hear you if you could just find a way to turn your webcam on so we could see you
44:59okay
45:00okay
45:01okay
45:01okay
45:02okay
45:02okay
45:02okay
45:02okay
45:03okay
45:03that's the challenge
45:14mr woodall can you hear us yes i hear you all right raise your right hand i do solemnly swear
45:20to tell the truth the whole truth nothing but the truth so help you god please state your name and
45:25address i saw only square yes i do my name is glenn richard woodhull my address is 507-727-7277
45:32okay
45:33okay there's a 1406 1406 camden avenue salisbury maryland good go ahead
45:43okay um christine was accurate in saying that my parents bought the property in 1963
45:52and they had a trailer on there that did not meet code so my grandpa my grandfather was a carpenter
46:01and he built a
46:02and he built a porch
46:04porch sunroom to comply with what needed to happen for it to be legal the trailer
46:13held up for so much time that it ended up being unusable to use so they had to take the trailer
46:21down and they moved that porch over a side and when they put the other prefab on there in 1990
46:32it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it
47:02said there was a storm and it got damaged so we had hired somebody to come
47:08in and build another shed there to take care of lawnmower and other things
47:15summer furniture things that needed to be kept that couldn't go into the other
47:21shed it can't be seen from the road and obviously it can't be seen from the road
47:29nobody can see it our neighbor to the west has no problem no problem with that
47:35we've talked about it years ago and recently as well okay thank you very
47:44much anyone else out here where's this I'll read it Jeremy I moved the appeal
47:53of 2025 37 for Glen and Virginia Woodhills
47:59506 South Shore Road Jamesport tax map number is 600-7-1-21 located in the
48:07residence A40 district RA40 zoning for variances and or relief of the town code
48:13chapter 301-9A1A where an existing shed is located in the front yard not permitted
48:21and 301-9A1B where a shed located on the side yard is 2.6 feet from the side
48:29yard.
48:38it uses 2.6 feet for various uses it uses 2.6 feet for various uses it uses 2.6 feet for
48:45mr porsche aye so wesky aye mr barnes aye is hello hi can i vote aye sure yes good luck
48:56thank you very much
49:00have a good night mr wattle okay
49:06next we have appeal number 2025-038 rh hamptons 321 llc 314 maple avenue and 321 union avenue
49:14riverhead so the county tax map numbers 600-127-1-44 and 127-1-41 residents a40 zoning
49:24for an unmerger applicant requests variances and or relief from town code chapter 301-243
49:32c3 where unmergers shall result in lot areas half or less of the area permitted in the ra40 zoning
49:38use district which is 20 000 square feet more specifically 314 maple avenue area is
49:445,002 square feet and 321 Union Avenue area is 5,139.69 square feet. Chapter 301-11, where
49:54front yard setback for 314 Maple Avenue is 25.8 feet, minimum required is 50 feet, where
50:01impervious surface coverage for 314 Maple Avenue is 27.2%, maximum permitted is 15%,
50:07where proposed front yard setback for 321 Union Avenue is 25.1 feet, minimum required
50:13is 50 feet, and where proposed impervious surface coverage for 321 Union Avenue is
50:1829.24%, maximum permitted is 15%.
50:22Good evening, Mr. Cuddy.
50:24Good evening.
50:24Charles Cuddy for the applicant.
50:26I have an office at 445 Griffin Avenue, Riverhead, New York.
50:30I hope that Heather wasn't exhausted by reading that, but could you give copies of this to
50:35the board?
50:37There's one for you and one for me.
50:42I just have it.
50:43I have a small packet that I'm handing out just, I think, to go over this because this
50:48is somewhat of a unique variance from my perspective because it involves two lots, which is probably
50:54rare.
50:56I've handed out a packet because I just thought it would help familiarize you with the property.
51:04The top sheet is just to show you that there are the two lots.
51:09The principal lot we're talking about is on Union Avenue.
51:13It's on 321 Union Avenue, and it's known as Tax Lot 41.
51:19The second lot, which we'll get to in a moment, is the lot that's on Maple Avenue, known as
51:27314 Maple Avenue, and it's known as Tax Lot 44.
51:33The second item I gave you is really two tax bills.
51:39These are current tax bills.
51:41This lot has had...
51:43These two lots have had tax bills for many, many years.
51:48In fact, the next statement that's in your group there is the history of the tax lots,
51:55just to let you know when they originated.
51:58One of them in 1920, the other in 1955.
52:05So these lots have been around for a long, long time as separate lots, the town recognized
52:11by giving out tax bills.
52:12They were separate.
52:15There came a time when they were looked at as a single lot, but before I get to that,
52:24I just want you to look at the photo that's in the next, the fourth thing that's in the
52:31package.
52:32That photo shows these two lots vacant in 2023, but it shows that by 1923, the tax lots
52:41were vacant.
52:41By 19...
52:43I'm sorry, 2024, 2025, the second photo shows that there is a house on the Maple Avenue
52:51lot.
52:53And the last thing I gave you was a certificate of occupancy to show you that the town recognized
53:00in January of 2025, this separate lot, the one on Maple Avenue, as distinct from the
53:09one on Union Avenue.
53:11So all along, these lots had been treated separately by the town.
53:16And in fact, the building was put up in 2024, and there's a CO for it in 2025.
53:24So I think without too much question, the lots are separate.
53:30They're not merged lots.
53:32There was a question that was raised at one time by the building inspector, did they merge?
53:37Well, when you build a house on one lot, you've confirmed.
53:40That that lot is a separate single lot.
53:43And that's what was done.
53:45So I don't think there's really a serious question that these are two separate lots.
53:50The problem is in building on these lots, even with the one that has a CO, the area
53:57that they're in is an R40 area.
54:00There's no house in that whole block that's a one acre lot.
54:08All of the lots, and you can see some by the pictures.
54:10That all those lots are roughly 5,000, 6,000 square feet.
54:16So it's impossible to build on these lots without having some sort of variance.
54:22For the one on Maple Avenue, no variance was requested.
54:28No variance was required.
54:30They just gave a building permit.
54:33The house was built.
54:34There's a CO for the house.
54:35But we're asking tonight that the CO be amended to reflect.
54:40The impervious surface and the setback variance that's requested and the relief.
54:46The same thing goes for the house that would be on Union Avenue.
54:50Because that's a 5,000 square foot lot in an R40 area.
54:55So you can't build anything virtually without having some variance.
55:00And without having an impervious surface variance.
55:03Both the houses would be similar in size.
55:05Approximately 2,000 square feet.
55:09One house.
55:10It's already constructed, of course.
55:12And the other house is to be constructed.
55:14But so our relief request is to grant the variance is requested to acknowledge that this is a separate lot.
55:22The acknowledgement being for the lot that's on Union Avenue.
55:26321 Union Avenue.
55:28I don't have more to say.
55:30I'm happy to answer any questions.
55:32Good.
55:33Any questions here?
55:35Anyone in the audience that would want to speak on this variance?
55:40Anybody on Zoom?
55:42Anybody on the board?
55:44Who's got this?
55:47Who's got the reading?
55:54Then he'll take it.
55:59Thank you.
56:01So Mr. Chairman, with respect to appeal number 2025-038, I move that the appeal of RH Hamptons 321 and 327 be approved.
56:08Thank you.
56:09Are there any Sale Sale Sale Sale
56:11Sale
56:16Sale
56:16Sale
56:16Sale
56:16Sale
56:16Sale
56:16Sale
56:16Sale
56:16Sale
56:16Sale
56:16Sale
56:17Sale
56:17Sale
56:17Sale
56:17Sale
56:17Sale
56:17Sale
56:19Sale
56:33Sale
56:33Sale
56:33Sale
56:34Sale
56:39or less of the area permitted in the RA40 zoning use district, 20,000 square foot, more
56:45specifically.
56:47314 Maple Avenue area is 5,002 square foot, and 321 Union Avenue area is 5,139.69 square
56:58foot.
57:00Chapter 301-11, where front yard setback for 314 Maple is 25.8 foot, the minimum required
57:08is 50 foot, where impervious surface coverage for 314 Maple is 27.2 percent, and the maximum
57:16permitted is 15 percent.
57:18Where proposed front yard setbacks for 321 Union Avenue is 25.1 foot, minimum required
57:24is 50 foot, and where proposed impervious surface coverage for 321 Union Avenue is
57:3029.24 percent, and maximum permitted is 15 percent.
57:37Be granted.
57:38In accordance with the applications and sketches with the amendments thereto, if any, as filed
57:43with the building inspector.
57:46I have a second somewhere?
57:49I'll second.
57:50All right.
57:50Moving and seconded.
57:51Mr. Portia?
57:52Aye.
57:53Mr. Zaweski?
57:55Aye.
57:55Mr. Barnes?
57:56Aye.
57:56Mr. Zillow?
57:57Aye.
57:57And I vote aye.
57:58So your variance has been granted.
58:00Thank you.
58:01You're welcome.
58:02Have a good night, Mr. Cuddy.
58:07Last opinion.
58:08Appeal of the night.
58:112025-039, Suzanne Bax, 7 Warner Court, Calverton, Suffolk County Tax Note number 600-11-2-2,
58:21Residence A80 Zoning, Proposed Single Family Dwelling Pool and Detached Garage.
58:26Applicant requests variances and or relief from Town Code Chapter 301-21A1A, where proposed
58:34pool is located in front yard, not permitted, where proposed detached garage is located in
58:38front yard, not permitted, Chapter 301-21A1B, where proposed pool side yard setback is
58:466.2 feet, minimum required is 25 feet, and Chapter 301-20C, where proposed habitable
58:54space for overnight accommodations and lower level of garage, not permitted.
58:59Your attorney, sir?
59:00Yes, sir.
59:00Okay.
59:01Please state your name and address.
59:03Good evening, Mr. Chairman.
59:04My name is Brian Doyle.
59:05I'm an attorney with the law firm Greenberg-Trarg 2317.
59:08Montauk Highway in Bridgehampton.
59:11I represent Suzanne and Ken Bax, and I'm here tonight with Shope Reno-Wharton, who is their
59:18design team, who is here on Zoom.
59:22To the extent the board would like, the design team can walk you through the presentation,
59:26and I can assist you with questions.
59:27Turn that mic up a little bit.
59:29And I can assist you with any questions.
59:31Can we just talk at any time?
59:32You got it.
59:35Okay.
59:35Go right ahead.
59:36Good evening.
59:36Can everybody hear us?
59:38Yeah.
59:38Okay.
59:42Hello.
59:43My name is Edward Nabrakowski.
59:45I'm here on behalf of Shope Reno-Wharton for the architectural team related with this project.
59:51I'm also here in the room with two colleagues of mine, Jerry Hupy and David Butcher, partners
59:55of the firm who are familiar with the project.
59:58Excuse me.
59:58I have to swear all of you in, I guess.
1:00:01Is anybody a lawyer up there on Zoom?
1:00:04Nope.
1:00:05Who's speaking?
1:00:07David Butcher.
1:00:09Please raise your right hand.
1:00:12I do solemnly swear to tell the truth, the whole truth, and nothing but the truth, so
1:00:16I help you God.
1:00:17Please state your name and address individually, please.
1:00:22Jerry Hupy, 18 Marshall Street, South Norwalk, Connecticut.
1:00:27Thank you.
1:00:29David Butcher, 18 Marshall Street, South Norwalk, Connecticut.
1:00:34Thank you.
1:00:35Edward Nabrakowski, 18 Marshall Street.
1:00:38South Norwalk, Connecticut.
1:00:39Thank you.
1:00:40How about the last two?
1:00:43That's the next.
1:00:47Okay.
1:00:47Okay.
1:00:48Go right ahead.
1:00:48Thank you.
1:00:49Ladies and gentlemen, may we share our screen with you for a few moments?
1:00:55Go ahead.
1:00:56If I may, I'd like to take a few minutes at the top of the conversation here and just
1:01:02walk you through bits and pieces of the project and explain how we got to the proposed design
1:01:07that you see before us.
1:01:08Thank you.
1:00:56Thank you.
1:00:56Thank you.
1:00:57Thank you.
1:00:57Thank you.
1:00:57Thank you.
1:00:57Thank you.
1:00:57Thank you.
1:00:58Thank you.
1:00:58Thank you.
1:00:58Thank you.
1:00:58Thank you.
1:00:58Thank you.
1:00:58Thank you.
1:00:58Thank you.
1:00:58Thank you.
1:00:59Thank you.
1:00:59Thank you.
1:00:59Thank you.
1:00:59Thank you.
1:00:59Thank you.
1:01:06Thank you.
1:01:08Thank you.
1:01:09Thank you.
1:01:10Thank you.
1:01:11Thank you.
1:01:13Thank you.
1:01:15Thank you.
1:01:17Thank you.
1:01:18Thank you.
1:01:20Thank you.
1:01:21Thank you.
1:01:22Thank you.
1:01:23Thank you.
1:01:24Thank you.
1:01:25Thank you.
1:01:26Thank you.
1:01:28by our clients, but we're here really to focus on lot number seven, which is the parcel on
1:01:34the right side of the page in the triangular area.
1:01:37The way you approach the site is via Warner Court, and the driveway into the property
1:01:43is in the cul-de-sac.
1:01:44You enter in the narrowmost point of the property at the highest topographic elevation, which
1:01:50is depicted in the lightest shade of green here.
1:01:53As you enter the property with the driveway, you descend downhill following the topography.
1:01:59There is currently an existing detached two-story garage on your left.
1:02:04As you approach the garage, you subjectively notice quite dramatically that the grade drops
1:02:09off very steeply to your right, which ends up in the darkest green area over to the right
1:02:14side of the screen in a pretty deep gully.
1:02:18But as you exit your car at the garage, if you were to approach the existing main residence,
1:02:23you would walk on foot across an exposed walkway toward the front door of the main
1:02:29residence, further reinforcing how the grade subjectively falls away on either side of
1:02:34you before you enter into the main block of the residence, which is depicted in the middle
1:02:38of the screen in the dark red block.
1:02:41So we spent a lot of time on this site walking around on foot, kind of exploring all the
1:02:46different angles of where we could locate new residents as per the requirements that
1:02:51our clients held us to.
1:02:53And we pretty quickly came to the conclusion that the current location of the existing
1:02:59residence was in fact the best building location here.
1:03:03So once we decided that we would propose a new residence on the footprint of the existing
1:03:08structure, we started to kind of come up with ways of how we could approach the site, the
1:03:14vehicle, where we could park.
1:03:16We looked at a couple of different solutions that kind of entered onto garages underneath
1:03:22the main block.
1:03:23Are there uses for parking for Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale
1:03:27Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale
1:03:32Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale
1:03:34Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale
1:03:37Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale
1:03:39Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale
1:03:41Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale
1:03:42Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale
1:03:44Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale
1:03:45Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale
1:03:45Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale
1:03:47Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale
1:03:48Sale Sale Sale Sale Sale Sale Sale Sale Sale
1:03:48Sale Sale Sale Sale Sale Sale Sale Sale Sale
1:03:49So in that we included that we would locate a two-car detached garage in like kind to
1:03:59the location approximately where the existing one is, which is again in the front yard of
1:04:04the existing main residence.
1:04:07And doing our proposed location, we relocated this out of the existing setback where the
1:04:13current garage building currently sits.
1:04:17And as the two of those relate to one another, the garage and the house, we had the final
1:04:21programmatic element of the swimming pool that we had to find a location for.
1:04:25And we also came to a conclusion that similar to where the existing one is located, that
1:04:30the most sensitive and logical area was to locate the proposed pool in a location very
1:04:36similar to the existing.
1:04:37However, we are also giving ourselves some relief by pulling it further back from the
1:04:41property line to where it currently is.
1:04:45So with that in mind, I'd also like to share a little bit of information about the location
1:04:47of the pool.
1:04:48So if you'd photograph a few, if you don't mind.
1:04:49Go ahead.
1:04:50This is the existing driveway approach.
1:04:55So this is, you know, depicting coming downhill to the left, there's the existing two-story
1:04:59detached garage in the front of the main residence.
1:05:03And this really highlights, you know, the pretty steep drop off on both sides as you
1:05:06approach this, both to the gully in the right, which is a big heavily wooded pit, and to
1:05:13the left, which ultimately leads in a more open manner to the coast.
1:05:17As you leave the garage and approach the main residence, this is that exposed walkway leading
1:05:24to the front door.
1:05:25Just again, further highlighting how the grade kind of reacts to this and how the existing
1:05:29main residence is situated up on a perch.
1:05:34This is a shot of the rear of the residence looking in the opposite direction.
1:05:38Again, just showing a different view, particularly with the depressed area to the left and the
1:05:42heavily wooded area.
1:05:46This takes us into a...
1:05:47View of the proposed.
1:05:50So this would be the mitigated approach.
1:05:53And this also shows the detached two-car garage.
1:05:57But again, where it is the existing one is, you know, kind of rotated at an angle and
1:06:01set over the side, the setback.
1:06:04This one is, you know, speaking more relations within the house.
1:06:07It's in a bit more sensitive area, but it still maintains, you know, a similar approach
1:06:12in terms of the driveway and in terms of the footprint of the two buildings.
1:06:16And you can see how it's it's a little bit more open.
1:06:17You can see as it rolls off into the grade on the right side of the image.
1:06:21And a shot of the proposed residence from the back, more or less from the part of the
1:06:28depression on the east side of the property.
1:06:30With that, I will turn it over to the board for further discussion and comments.
1:06:41I will point out one of the elements of relief that was part of the application was to make
1:06:47a portion of the garage habitable space on the ground floor.
1:06:52Upon reflection, the applicant would just like to be able to have kind of a cabana area
1:06:57in that space.
1:06:58So we are not requesting relief to have that be overnight habitable space.
1:07:03We just want to be able to have a bathroom and a changing area in that space.
1:07:07So in my perspective, that was the most controversial of the applications before you.
1:07:11Excuse me.
1:07:12The other elements of the application are effectively reducing nonconformities on the
1:07:16property.
1:07:17So Heather, more than likely, due to the way the house is situated on the property,
1:07:31this would require an application under the Coastal Rosings Chapter 219, correct?
1:07:41So any ground disturbance beyond that 50-foot line?
1:07:45I mean the deck is very high.
1:07:46Right.
1:07:46Right.
1:07:46Right.
1:07:46Right.
1:07:46Right.
1:07:46Right.
1:07:47closed. They're proposing it at 51.5 feet. So the deck itself is out of jurisdiction,
1:07:51but any ground disturbance beyond that would require Chapter 219 approval from the Planning
1:07:56Board, though it would not require a variance from Chapter 219.
1:07:59Right. So in other words, in some of the plans that we looked at, there's a proposal for silt
1:08:08fencing, obviously, to protect the coastal area. But in order to utilize those methods of silt
1:08:20fencing, the applicant would have to get a 219 permit to do that.
1:08:30Okay.
1:08:36Sorry. Our laptop is low on battery.
1:08:38Sorry. Was I supposed to answer an additional question?
1:08:50I'm having some technological issues. Am I good?
1:08:54Yeah.
1:08:54Okay.
1:08:55Counselor, I see that there's a patio that's encroaching over to the next lot.
1:09:00Is that going to be removed?
1:09:01Yes. Yeah. And that lot is owned by the same couple that are your applicants. So
1:09:06that is being removed and everything.
1:09:07They're in separate names?
1:09:08Yes. And it's being moved back onto the lot. So that non-conformity is being removed.
1:09:21Will there be any materials brought in to elevate the house, the new house?
1:09:25I'll leave that to the architects to answer if there's material being brought in.
1:09:28Do you anticipate any soil import or export?
1:09:32No. To the best of our knowledge, no. You know, the way we've situated things here,
1:09:38there's really no anticipation of either importation or exportation of fill to or
1:09:42from the site.
1:09:43Okay. And, um, I understand that there is a property owners association up there?
1:09:52Correct. Yes.
1:09:53How are they feeling about this project? Have you had any input from anybody?
1:09:59Uh, today we have not had any input. Uh, they have been notified as part of this procedure
1:10:04for the hearing. Um, but we, we haven't had any specific input.
1:10:07So the people who are in charge of the hearing are the ones who are going to be in charge of the hearing?
1:10:07So the people that live in there know about it and they're aware of what's going on?
1:10:13Yes. Correct.
1:10:13This is, it was conspicuously posted and everybody knows.
1:10:16It was posted in the...
1:10:17The HOA has been notified because they own the beach behind this piece of property.
1:10:21Right, right.
1:10:22So they're notified.
1:10:23Okay. So I haven't heard anything, so we'll see if anybody else has anything to say.
1:10:32Come right up, please, to the mic.
1:10:37Right here.
1:10:40Wait a long so.
1:10:42Please raise your right hand.
1:10:43I swear to tell the truth, the whole truth, but the truth so I help you with it.
1:10:47So help me God.
1:10:48Please state your name.
1:10:49My name is Bogdan.
1:10:50My name is Bogdan Luzarik.
1:10:52I live at 8 Warner Court, Bading Howell, New York.
1:10:55I am just, I am next door neighbors with Ken and Suzanne.
1:11:01Oh, the only question I had.
1:11:02Excuse me, sir.
1:11:03Excuse me.
1:11:03Would you spell your last name, please?
1:11:05L-A-Z-O-R-Y-K.
1:11:07YK and my first name is B-O-H-V-A-N.
1:11:11Thank you, I'm sorry.
1:11:15No problem.
1:11:16The only question I have is could the architect put
1:11:20up the picture of the front of the house again?
1:11:32Okay, now if I am correct that is coming,
1:11:35the driveway is going straight off the cul-de-sac
1:11:39into the detached garage, is that correct?
1:11:42That is correct, yes.
1:11:44Okay, so otherwise if I, so the way you're situated there,
1:11:50you're going to be moving trees on both sides
1:11:54of that driveway a little bit, aren't you not?
1:11:56Maintaining the same driveway approach.
1:11:59So we're maintaining the same driveway approach
1:12:01where the existing garage on the left has a much steeper turn
1:12:05into the driveway.
1:12:05Okay.
1:12:05So the left.
1:12:06Yeah, I know that, I know that lot perfectly,
1:12:08it's next door to me.
1:12:10Correct, yeah, we understand.
1:12:11You know, we're maintaining the footprint
1:12:13in as much as possible.
1:12:14Okay.
1:12:15It's our intention to not level any trees.
1:12:17Okay, fine.
1:12:18Now could you show me the picture of,
1:12:22I guess it would be the east side of the house?
1:12:26The east side.
1:12:29Only what we have is the one from the back.
1:12:30Yeah.
1:12:31That's the east side.
1:12:35Correct.
1:12:37Okay.
1:12:38And you won't be, are you removing any trees in front of that?
1:12:46So where this image is taken from is currently wooded.
1:12:49Yeah, I know that.
1:12:50That's why I'm asking.
1:12:51For purposes of presenting the design to the clients,
1:12:53we can't exactly be looking through the trees, so this is, you know.
1:12:56Yeah, the renderings were created for presentation
1:12:59of the architecture, not necessarily in terms of preservation of the trees.
1:13:05Okay.
1:13:07Well, I don't have no problem if you're going
1:13:09to be removing trees from that side.
1:13:10The only thing I had a question was the proposal on the garage,
1:13:16but they already say they're not going to have anybody staying over,
1:13:19so I have no problem.
1:13:21As far as I'm concerned, I wish them the best of luck
1:13:25on their new home when it's going to be built.
1:13:28And the only question I have is, if I have any cracks in my house,
1:13:31are you guys going to repair it?
1:13:34But when you go pounding?
1:13:35Yeah.
1:13:35I'm just a joke.
1:13:38Relax.
1:13:39It's the humor here.
1:13:43Okay, thank you for your time.
1:13:44Ken and Sue, I hope you good luck on your new place.
1:13:47Thank you for coming.
1:13:48Thank you.
1:13:49Thank you, sir.
1:13:51What are you doing?
1:13:54I have it.
1:13:55Wonderful.
1:13:56Is there anyone on Zoom who wanted to add anything who hasn't been heard?
1:14:00Is everybody reported already?
1:14:05I am.
1:14:06Ready?
1:14:07Let's go.
1:14:09Mr. Chairman, with respect to appeal number 2000-25039,
1:14:15I move that the appeal of Suzanne Bakes, 7 Warner Court,
1:14:20Calverton, STM number 600-11-2-2, residence A80, RA80 zoning,
1:14:29for variances and or relief from town code chapter 301-21A1A,
1:14:35where proposed pool is located in front yard, not permitted,
1:14:40where proposed detached garage is located in front yard, not permitted,
1:14:45chapter 301-21A1B, where proposed pool side yard setback is 6.2 feet,
1:14:53minimum required is 25 feet, and chapter 301-20C,
1:14:58where proposed habitable space for overnight accommodations in lower level
1:15:03of garage, not permitted.
1:15:05This board makes the following findings of fact and grants the above mentioned relief
1:15:11in part with conditions.
1:15:13Proposed pool and garage locations are approved.
1:15:17The accessory structure located within the front yard to wit,
1:15:21detached two-car garage with basement, partially finished for pool house
1:15:26with half bathroom, no shower, closet and guest area, and storage
1:15:32with second floor studio,
1:15:34attached outdoor shower, shall be for seasonal use and not improved with,
1:15:40A, a positive heating supply to the structure or converted area,
1:15:44B, energy conservation measures such as insulation to protect from heat loss,
1:15:51or C, a potable year-round water supply which is protected from freezing
1:15:57or if water is supplied on a year-round basis.
1:16:01In addition to said structure,
1:16:04shall not be further expanded nor shall structure be improved with kitchen facilities or laundry
1:16:11facilities including but not limited to cooking appliances, range, stove, cooktop, microwave,
1:16:18refrigerator, cabinets, kitchen sink, washing machine or dryer, except may be improved with
1:16:24a sink proposed and made part of this application and shall not be used for overnight sleeping
1:16:30accommodations, nor shall either be offered for use in the future.
1:16:32This board is not in the
1:16:34be a gift, license or lease for overnight accommodations, recreational or special events
1:16:41or operation of a business and instead same is limited to use as accessory to the single
1:16:48family residence.
1:16:50In accordance with the applications and sketches with amendments thereto, if any, as filed
1:16:55with the building inspector and the building inspector planning department shall determine
1:17:00the appropriateness of a requirement for a chapter
1:17:03of the proposed
1:17:12219 Coastal Erosion Hazard Permit for proposed disturbance within the Coastal Erosion Hazard
1:17:17Area.
1:17:18Second.
1:17:19Okay.
1:17:20Moving to second.
1:17:21Mr. Porsche?
1:17:23Mr. Zawieski?
1:17:25Mr. Barnes?
1:17:27Mr. Gazzillo?
1:17:29Can I vote aye?
1:17:30So your variances have been granted.
1:17:31Good luck.
1:17:32One of the conditions you mentioned talked about no shower.
1:17:38And effectively if this is a pool cabana, I understand the point about no insulation.
1:17:46But is there something that does not allow the bath in there to have a shower?
1:17:56So I think the way the application was originally proposed, it was not a shower.
1:18:01It was an outdoor shower.
1:18:02It was an outdoor shower.
1:18:03It was an outdoor shower.
1:18:04And the reason why the application was originally proposed was for an outdoor shower.
1:18:05Isn't that correct, Heather?
1:18:06It has an indoor.
1:18:07It has a full bath inside.
1:18:08And an outdoor.
1:18:09There is an outdoor shower as well, but there is a full bath inside shown in the drawings.
1:18:14So typically in order to ensure that the improvements are not used for overnight accommodations,
1:18:26typically it limits to the half bath for the cabana.
1:18:36I didn't see that within the code.
1:18:40Is it possible to ask for relief for that?
1:18:46I have no objection to a shower.
1:18:52I have no objection to a shower.
1:18:55I'm fine.
1:18:56Leroy.
1:18:57Are there any comments?
1:18:58Are there any comments?
1:18:59you'd have to amend the resolution okay so we'll make it okay
1:19:05all right Joe does he have to read it over a patient for to amend the
1:19:11resolution to permit a full bathroom toilet sink and full shower indoor in
1:19:19addition to an outdoor shower all in favor aye thank you everybody thank you
1:19:30for your concern very much before everyone runs away we do have minutes
1:19:39from October 23rd somebody move it please move to be accepted all in favor
1:19:48and next
1:19:49meeting date is December 11th 2025 there's no meeting on November 27th
1:19:54because it's Thanksgiving unless everybody wants to come at Thanksgiving
1:19:57here maybe come down and pack turnips be thankful you know exactly motion to
1:20:04adjourn so moved second all right motion to adjourn all in favor
1:20:19aye all those in favor 6-0

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Thank you. Thank you. Thank you. Thank you. Congratulations. To the flag. Of the United States of America. And to the republic. Which stands. One nation. Under God. Indivisible. Liberty. And justice for all. All right. Heather. You want to start. The agenda. And then we'll follow. Sure. So. Appeal number. 2025. 032. Bayview at Peconic LLC, 47 Bayside Avenue, Jamesport. The applicant's attorney has requested an adjournment to December 11th of 2025. So again, they requested an adjournment from tonight's meeting to December 11th of 2025. Okay, moved and seconded. Mr. Portia.

The first appeal, 2025-032, the applicant's requested an adjournment due to an illness. So it's Bayview at Peconic LLC, 47 Bayside Avenue, as previously stated. Alright, so are we good? We good there, sir? Good. Mr. Portia. Aye. Mr. Swesky. Aye. Mr. Barnes. Aye. Mr. Gazzillo. Gazzillo's vote aye. Okay, and I vote aye, so that has been adjourned. Go ahead, Heather. And then the next appeal on the agenda, 2025-028, 505 Lincoln Street Opportunity Zone Fund, LLC, 505 Lincoln Street Riverhead, and 214 Marcy Avenue Riverhead. The attorney for the application has requested a lengthy adjournment to January 22nd of 2026. That's Kim Judd, and then Mr. Cuddy, who's the attorney for one of the other property owners, has agreed to this adjournment. Can I have a... So moved. So moved. Second. Moved and seconded. Mr. Portia. Aye. Mr. Swesky. Aye. Mr. Barnes. Aye. Mr. Gazzillo. Aye. And I vote aye. So we've adjourned those. Go ahead, Heather. Before we move on to the next item, sir, were you seeking to be heard on the first appeal?

Okay. That's the last one, so we'll end it there. We'll end it when we get to it. Okay. They'll leave you. Okay, so moving right along, our first appeal of the night will be appeal number 2025-034, Roy Sokoloski, 15 Surfway North, Calverton, Suffolk County Tax Map number 600-40.2-1-42, Residence 840 Zoning for a proposed addition to dwelling, applicant request variances and or relief from Town Code Chapter 301-11, where proposed front yard setback is 9.6 feet, minimum required is 50 feet, where proposed side yard setback is 2.8 feet, minimum required is 25 feet, where proposed combined side yard setback is 11.2 feet, minimum required is 55 feet, where proposed rear yard setback is 1.4 feet, minimum required is 60 feet, and where proposed impervious surface coverage is 46.5 percent, maximum allowed is 15 percent. And if there's anyone here for the application. Any questions? Who's representing? Mr. Roy.

Are you an attorney, sir? No, I am the applicant and architect for the project. He's right here. You solemnly swear to tell the truth, the whole truth, nothing but the truth. I hope you go. I do. Please state your name and address. Yes. Roy Sokoloski. My permanent address is 400 Broyerwood Lane, Northvale, New Jersey. For this application, the address is 15. Surfway North, Fading Hollow. Thank you. Also known as C11? Yes, C11 in Woodcliffe Park. Can you change those numbers anymore? It's very confusing up there. I know it is. But it's okay. We get it. It's been around a long time. Yeah, okay. Well, if I can give you a brief introduction. Also, some of you may recognize me. I'm also chairman of the Town of Riverheads Architectural Review. I'm the director of the City of Riverheads Architectural Review Board, which I've been doing for probably over 35 years. This is Woodcliffe Park, which was started in 1950. My entire life has had summers spent in Woodcliffe Park. So it is now 75 years old. As you may be aware, that community started as a bungalow community and predates all zoning for that area. And then it was subdivided, I think, for tax purposes sometime in the 60s. And then zoning came in. But nothing in that community of 200 bungalows can possibly meet the current zoning. So every lot is undersized. Every lot has excess coverage. And I'm one of them. And the intent of this project is it's a one-story bungalow, summer bungalow. Okay. Okay. Okay. Only used in the summertime. It's two bedrooms with only a half bath currently. In order to take a shower, we have to go outside to a shed on the back of the property to take a shower. That was great when I was 30 years old. I'm married. My wife is somewhat handicapped, and it's become difficult. So I'm hoping to put in a new full bathroom indoors. But by doing that, I'm losing a bedroom. So now I'm in a room with a bathroom. I need to add a bedroom to one side of the area. I actually do have extra unused outdoor space, but in order to do this, as you can see, all of my setbacks will not be current code and my lot coverage will not meet current code. So I'm appealing based on a preexisting use where none of the other areas meet code as well. Roy, can I ask you a question? On the lots up there, they describe when you have a leasehold agreement, correct? Correct. And you only lease the structure itself or is there a parcel that's leased out to you? No, we lease the parcel. I own the structure as personal property, but we lease, we have a 99-year lease and I lease the parcel. We lease the parcel, which is more or less the same as what shows on the tax map. But that was all created after these bungalows were built. And as a matter of fact, when I researched it and looked at the tax map, I found out that my neighbor's house behind me is actually partially on my property. So there's no- It is your property. Yeah. There's no way you can straighten this out. There's not enough consistency up there for me ever to try to make sense of what happened up there. Right. I mean, to me, I would just enforce the fire codes for separation. Right. There's no sense of even describing the property. Correct. Yeah. In my eyes. Yeah. But you have a lot. Is it a recognized lot by the town of Riverhead? Yes. It is because it's preexisting nonconforming. Right. But it's not a lot to be conveyed. It's a lot that can be leased. Correct. Yeah. Yeah. I can't sell the lot. I'm guessing it's 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. Yes, I do. May we take a look at them? Yeah, yeah. I appreciate that. Do you want me to see if Justin can put them up on the screen? I would like that. Yeah. If we could see them on the screen, that would be great. You have it on there, right? Or you want? Yes, I can find it. Oh, okay.

Yes, please. It does depict the old structure and new structure? Yeah. Okay.

Justin, are you there? Justin. I think he fell asleep. Justin. He left the country.

So, can I ask you? It's not at work. What was the dimensions? What was the dimensions of the bedroom that you lost versus the dimensions of the bedroom that you're now creating? Okay. The bedroom that I lost was probably about 8 by 10 feet. And the new bedroom, the dimensions are up there. I don't know if you can see them from here. Yeah. That's the new bedroom, right? That's the new bedroom, right. Okay. And there's the bathroom in the middle? Yeah. The bathroom in the middle is a new bathroom. That was abandoned. That was an abandoned bedroom prior to that. Okay. And what did you say those dimensions were? 8 foot 7 inches by 10 foot 2 inches. That's the new one? Yes. Thank you. It basically is picking up 7 inches. Yeah. No big deal. Yeah. Yeah. Currently, it's what I call my backyard. It's empty. And all of my neighbors, my neighbor behind me has a shed. Again, I'm not saying it's a legal shed. It was just put up. It's going to be about 3 to 5 feet. 5 feet away from that new bedroom. So, is the shed metal or wood? I believe it's wood. Because you know there's got to be fire separation. Yeah, I know. We're trying to. I'm actually removing an existing shed on my property to create more fire separation. Okay. Currently, there's only about 18 inches separation from the back of my house to my neighbor. So, I'm actually losing a shed outside. Okay. So, try and increase that. I'm going to increase that separation. So, are you going to put a party planking or something like that? Yeah. Yeah. To have a better fire rating? Yes. Okay. You don't have many options. Hmm? You don't have many options with that place. No, I have really no other options. I mean, the only other option was to go up. Except that, as I said, my wife is somewhat handicapped. That wasn't stairs. And that doesn't work for us. How does the neighbor behind you feel? That is a new owner. So, I've never actually discussed it with them. I did send out all my notices. I don't know if they replied. But all of my other neighbors, you know, and I've known some of these people for 30, 40 years, are fine with this. I mean, I've been talking about this with my neighbors for the last two years. And they're all fine with it. I can confirm I received all of the certified mailing receipts. There are some green cards that came back. I didn't receive any correspondence on this particular. What's the unit number behind you? You recall? I'm going to say B12, but I'm not positive. Well, I would assume that you sent letters. Oh, yeah. And you did. Yeah. I got the list of addresses from you. We don't want any surprises. Yes. And Ben Carlin, who was actually the owner of all these lots, has already said he approves this. Approval. I saw it. Yes. Thank you. Okay. Thank you. Anyone else that wants to talk on this variance? Board? All set? Let's go.

If you could please come up to the microphone if you're going to address the board.

Hi, everybody. I'm Robert Nelson. Excuse me. Are you an attorney? No, I'm not an attorney. I'm an attorney. I'm an attorney. I'm just a tax payer. Riverhead tax payer. You said you swear to tell the truth, the whole truth, and nothing but the truth. So help me God. Yes, I do. Please state your name and address. My name is Robert Nelson of 120 Fishel Avenue in Riverhead, New York. I was just wondering, what was his original square footage of his bedroom and his bathrooms? It was 8 by 10. The original and the bathroom? The half bathroom? Oh, the half bathroom? It's probably the smallest bathroom you ever saw. It was about 3 by 3. Maybe 10 square feet. So now your full bathroom is approximately 7 by 7 or something? 5 by 8, I think. 5 by 8? Thank you so much. You have no objection. No, I have no objection. All right. Thank you. We've got no dog in this fight. No, no, no. I didn't think so. All right. Who has this? I'll take it. All right. Mr. Chairman, respectfully regarding the appeal number 20258034, I move the appeal of Woodcliffe Park Cottages, LLC, Sulikowski Residence. 15 Surfway North Bading Hollow, SCTM number 600-4.2-1-42, Residence A-40, RA-40, Zoning for Variants is Andal Relief in the Town, Code Chapter 301-11, where proposed front yard setback is 9.6 feet. Minimum required is 50 feet, where proposed side yard setback is 2.8 feet. Minimum required is 25 feet, where proposed combined side yard setback is 11.2 feet, and the minimum required is 55 feet, and where the proposed rear yard setback is 1.4 feet, and the minimum required is 6.0 feet. And finally, where proposed impervious surface coverage is 46.5 percent, maximum allowed is 15 percent. The appeal number 20258034, be approved in accordance with the application and sketches with amendments. There are two. If any, as filed with the building inspector. Second. Okay, moving to second. Mr. Portia. Aye. Mr. Zorsky. Aye. Mr. Barnes. Aye. Mr. Zillow. Aye. And I vote aye. So, if variance has been granted, good luck. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you.

Next up we have appeal number 2025-036, Muhammad Faisal, 2041 Osborne Avenue, Riverhead, Suffolk County Tax Net Number 600-62-1-15, Agricultural Protection Zone, Proposed 6-foot fence and 8-foot gate in front yard. Applicant requests variances and or relate from Town Code Chapter 301-37A-2, where proposed fence height is 6 feet in the front yard and the proposed driveway gate height is 8 feet. Maximum allowed height is 4 feet in a front yard. And I think we have the applicant. Representative's on Zoom. Good evening. Robert Litt here from the Litt Law Group. Good evening. Excuse me. Are you a lawyer? Yes, I am an attorney. Would you state your name and address again, please? Absolutely. My name is Robert Litt, Litt Law Group, 66 North Village Avenue, Rockville Center, New York. Thank you. Thank you. Good evening, members of the board. As I said earlier, my name is Robert Litt. I am the managing member of the Litt Law Group, counsel for Muhammad Fasil, one of the owners of 2041 Osborne Avenue in Riverhead, and the applicant in this instant application. My client has submitted an application seeking an area variance to construct a front yard fence 6 feet in height and a driveway gate 8 feet in height, where 4 feet is permitted pursuant to Section 301-37A-2 of the Zoning Act. The fence will be a see-through aluminum substantially similar to the picture submitted to the board marked sample. I believe that was submitted earlier today. Yes, that was submitted via email. I showed it to everyone. Thank you. First and foremost, I want the board to be aware that my client did everything he could to open lines of communication with his neighbors to ensure his neighbors, particularly the adjacent residential property owner, are protected. Thank you. I also want to make sure that the adjacent residential property owner was comfortable with this application. The adjacent residential property owner is not only comfortable with this proposed fence, but also wrote a letter in support of the instant application, which has also been submitted to the board. I believe you have that as well, correct? Yes, that was circulated via email. Thank you. As can be seen in the aerial photograph submitted for your consideration, the other neighboring properties are non-residential and mainly comprised of agricultural properties and farms, Thank you. as well as the waste management site and plumbing and heating facility. None of these properties seem to have any objection to the proposed fence, as same will have absolutely no impact on the functioning of their properties and business operating therein. I believe you also have that aerial map, correct? That was also circulated via email earlier. Yes, we saw it. Thank you. Also submitted for the board's review is an aerial photo showing the approximate location of the fence and gate. They are sufficiently distant from any driveway and structures on the neighboring properties so as not to have any impact on any neighbor's use of their property. It would also be positioned as such that they will not obstruct any view and interfere with any traffic on Osborne Avenue. I believe you have that as well, correct? Yes, I believe you have that one as well. I just want to make certain you have it where actually one of my people in my office was very nice and did a little tech work, Thank you. and showed where the six-foot fence would be and where the gate would be, correct? You should have that. That's the mock-up and the picture. Yes, we have that. Yes. Thank you. The purpose fence and gate are completely in line with the neighborhood and its characteristics. Multiple properties in the neighborhood have similar features and there will be no negative impact should the applicant construct his own similarly situated fence and gate. Furthermore, the instant application satisfies the requirements of an area variance. The benefit to the applicant outweighs any detriment to the health, safety, and welfare of the neighborhood. The applicant and his brother own the property together, use it as a secondary home, which they visit with their respective families throughout the year. The six-foot fence will provide safety and security for the families, which includes small children and elderly members. The proposed fence will fit perfectly well with the neighborhood's overall aesthetic. In fact, there is a plethora of properties in the neighborhood which contain similar fences. Therefore, granting the requested variance will have absolutely no negative impact on the surrounding property values. Based on the foregoing, I respectfully request on behalf of my client that the area variance request be approved. My client, Mohamed Fasil, is on the line as well, and he's here today with us to answer any particular questions the board may have for him as well. Thank you, and I'm here to answer questions too. The fence, does that go around the neighborhood? It goes around the entire property, is that correct? No, it's only going around the front, but there is fences, I believe, that continue around the property. There is what? I believe there are fences around the property itself, but they are in compliance. This is the only one that's going to be higher, is the six-foot one on the front and the gate itself eight feet. But what is the purpose of the fence? We understand the purpose of the fence is essentially, number one, for safety in such that he has small children and he has elderly, and we really want to make certain that the property is secure and safe. That's the only reason for the fence. So there are small children, but that doesn't stop them from going to the corner of the property and crossing out into the street. I'm just trying to make sense. There are fences that run around the side of the property and the rear of the property. I see. Mr. Fasil could identify them further, but what I understand, they are surrounding the entire property, so the property will be completely secure. So the survey does not depict a fence along the northern part. Well, it shows a wooden fence, I guess. Yes. There is a wooden fence. How high is that fence? From my understanding, it's in compliance. It's no more than four feet tall. Okay. So it looks like it goes in about 50 feet, and then there's a hedge row. So does that mean that the kids can get around that and get out to the street? That's all I'm concerned about, is the kids getting in the street. From what I understand, the property will be fully secure once the six-foot fence up front along with the eight-foot gate will be completed. Okay. So if you have a four-foot wood fence on the north side of the property, why does the one on the street have to be six foot? Why can't that be four foot? Because that's what the code requires, four foot. Because it's the street. Because it's the street. And it's our position that we wanted to have a high enough fence for the street area, everything else. Number one, in the back, most people, again, for safety and security, not about the kids getting out, but other people getting in. From what I understand, based on Mr. Fasil mentioning us, there were some kids getting out, but other people getting in. So it's a good thing that we have a fence. I think that's a good thing. I think that's a good thing. I think that's a good thing. You were also saying it. You were also saying it. You were also saying it. You were also saying it. You were also saying it. You were also saying it. You were also saying it. You were also saying it. You were also saying it. You were also saying it. You were also saying it. You were also saying it. You were also saying it. You were also saying it. You were also saying it. You were also saying it. You were also saying it. You were also saying it. You were also saying it. You were also saying it. You were also saying it. You were also saying it. You were also saying it. You were also saying it. You were also saying it. You were also saying it. You were also saying it. PROPERTY, PLEASE TRY TO ANSWER THE QUESTION OF THE BOARD MEMBER, PLEASE. HE HAS TO BE SWORN FIRST. PLEASE RAISE YOUR RIGHT HAND. DO YOU SELL ME SWEAR TO TELL TRUTH, TO HOLD TRUTH BUT THE TRUTH SO HELP YOU GOD? PLEASE STATE YOUR NAME AND ADDRESS. YES. HOLD TRUTH. HI, EVERYONE. MY NAME IS MOHAMMAD FAYSAL. AND I'M ON DISCUSSING ABOUT 2041 OSBUN AVENUE. SO I WOULD LIKE TO CORRECT ONE THING. LIKE YOU'RE TALKING ABOUT THE FENCING ON THE SIDE AND THE BACK OF THE PROPERTY, RIGHT? THE WOODEN ONE? ON THE SOUTH SIDE OF THE PROPERTY. SOUTH SIDE. YES. THERE IS NO FENCE. OKAY. THE EXISTING FENCE, RIGHT? NO. IT DOESN'T SHOW A FENCE ON THE SOUTH SIDE OF THE PROPERTY ON THE SURVEY. OKAY. IS ON MY PROPERTY YOU'RE TALKING ABOUT? YES. I HAVE THE SURVEY IN FRONT OF ME. I DO NOT SEE A FENCE THAT IS DEPICTED. HOWEVER, I SEE WOODS. I SEE THAT THERE'S A WOODED AREA. MAYBE THAT'S. THAT'S WHAT YOU'RE THINKING ABOUT. THERE'S A FENCE RIGHT HERE. AND HERE. NO. I WAS. THERE IS A FENCE. THERE IS A FENCE ON THE BACK OF THE PROPERTY. THIS IS THE SOUTH SIDE. ANOTHER FENCE. THIS IS OSBORNE. IS IT SOUTH SIDE? YOU GOT IT UPSIDE. NO. HIS FENCE IS RIGHT HERE. THIS IS THE SOUTH SIDE FENCE. NO. IT SAYS FOUNDATION. CONCRETE FOUNDATION. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. But he's attesting that there's no fence, or there is a fence. Which one is it? Which one is it? Is there a fence or isn't there? Which side of the property, toward the Young Avenue you're talking about? Yes, yes, towards Young Avenue, Young's Avenue. Okay, next, so next to my neighbor, right? The right side of my neighbor you're talking about? I believe, right? Depends on which way you're facing. Yes, on the Young's Avenue, Muhammad. Yes, yes, that one has a fence in it. The property, yeah, I would like to, I think, yeah, that one has a fencing on the property, which is compliance, you know? The wood and the wires. From what I understand, there's a wood fence that runs along the southern part of the property by the woods, correct? By the wood. Council, you stated earlier that there were properties similarly situated. Can you... Do you have a list of residential properties, non-agricultural properties, residential properties that have six-foot fences in the front yard and or eight-foot gates? Yes, we think the Foxwood Village had a six-foot fence. It was located at 1407 Middle Road, which is about a half mile away. Yeah, that's a commercial property, and it was treated as a commercial property. It's not a residential property. Even though there are... There aren't too many residential properties there, because most of them are farms and businesses and such. This is the closest one we had to it, since that was residential use. We considered that one would be at least close up. But it's treated as a commercial use, and it goes through a process called site plan review. And that's why the town required that fence around that property. So, do you have any residential properties that have six-foot fences in the front with eight-foot gates? No. Not that we could locate any ones over there with a six-foot fence and eight-foot gates. Only the fact is that there were similar types of gates there, other types of properties, and similar in that fashion. But if not, I don't have any ones that are particularly residential fences that I was able to locate. Because there wasn't too many residential properties that I've been to. Yeah, so the fencing that you're referring to, those were agricultural properties? Yes. Yes. They changed direction.

Well, I certainly would like to see some additional properties that have six-foot fence with eight-foot gates that are residential. Well, council stated he did a search and could not locate that. Okay, so. Well, I could do a further search if necessary to see. I could not find them immediately from an initial search. I see. But that's obviously, you know, something which we have to go a little deeper in how further out we need to go to go locate from the property. I was trying to find them in the general vicinity. A four-foot fence would not help you. No. My client had indicated that he wanted something a little bit higher than four feet. And is it going to be a solid fence? No. It's going to be a see-through fence. A see-through fence? Yes. So he's seeking privacy, but you can see through it? Yes. Yes. Exactly. It has security and such. But more than anything else, it does give a sense of the ability to keep people out and keep people in. But, council, isn't the fact that the absence of a fence on that other side inconsistent with his concerns? Is that a sign of security? I think what's more important is that, if you take a look at the survey, the other parts of the properties don't have the access to the main road. That's really what we're more concerned about is that to the south you had the town of Riverhead's property, which was essentially forest and woods. To the north, we did have the necessary fences. And to the other side, which was also the town of Riverhead, and to the back, which was also a commercial property, people didn't have the same access as to the front of the property. So we focused on the front of the property, which was right on Osborne Avenue. And that's where we really wanted to maintain the majority of the security. So do you have any copies of any police reports wherein you reported incidents of trespassing? Mohamed, did you have any incidents yourself, please? Okay. So it's like I didn't have the copy for the incident or the report, what happened. But a couple of times I called the police, right? Yes. And I didn't complain because there was some trespassing and people go all the way in the back of the property. But you made reports. Yeah, but I didn't have any. Just we called. We called the police. But we didn't have anything inviting, anything in written. But you just stated, unless I heard you incorrectly, you stated coming from the back of the property. You stated. No, no, no. You described it as. You had people coming from the back of your property, not the front of your property. That's what you said, unless I heard it incorrectly. Front. The front or the back? They entered the property from the front and go to the back. Yes, they came to the front to the back. Exactly. It's large enough of a property where essentially they were coming through the front area. We were hoping that the fact that the six-foot fence with the eight-foot gate would keep them from coming through the front and make it much harder for them to get access down the pass. Coming from the rear. The side is very difficult. From the front is very easy. Okay. Excuse me. Mr. Lit. Is it Mr. Lit? Yes. Looking at this property, this is a huge piece of property. It's eight acres. Why wouldn't you put a fence that would secure your house and the property around your house? Why are you securing a huge piece of property? Why wouldn't you? If you wanted security, why wouldn't you have the gate and have fencing run down and give yourself enough land? Why wouldn't you have a safe space for your house and driveway and everything and you'd have a secure piece of property? I think more than anything else, they were focusing on the front first. And the fact that the other parts of it, since it's eight acres and it's pretty substantial, to at least deal with the front first and then use the natural boundaries themselves in order to keep the safety aspects around the rest of the property. If they found that there was going to be a problem, then they would really just need to just get the necessary permits and keep a four-foot fence around the rest of the property at a later time. But they wanted to at least start with the process. Of the six-foot fence plus the eight-foot gate in the front first to do this process here. And there is fencing along the rear and there's fencing along some of the other parts of it. So it's a little bit piecemeal as he's sort of working through this process.

Well, I think you as an attorney, you can see our concern because we don't particularly care for six-foot fences in a front yard in residential properties. That's why we have it. And the zoning code that is prohibited and that four-foot is acceptable, but six-foot is not acceptable. So if you know of any other properties that you can provide us that had sought relief or had put it up without objections, I would have a tendency to say okay. But right now, I think we're looking for some other properties that have that kind of, and I don't know of any myself. So it would be helpful if you could provide that, Counselor. Yeah, that would be, that's fine. We're going to go a little bit deeper, dig a little bit deeper to see if we can find something that do fall within the good points. I would suggest that. Mr. Litt, if you could also secure any prior police reports regarding trespasses. Yeah, that would be good, too. Absolutely. We'll get police reports and we're going to try to find other properties that have similar six-foot fence. Okay. Well, that's good. Okay, gentlemen. So do you want to adjourn to the next meeting? Yes. December 11th? That's correct. Yes, thank you. That should be fine. As long as we do virtual, that should not be a problem. You'll bring that back to us and you'll send that to our assistant via e-mail? Absolutely. Thank you, Counselor. I appreciate it. Thank you very much for the Board's time and comments. Thank you. Thank you so much. You're welcome. Thank you. I'm going to adjourn this to December 11th. So I'm going to make the motion. I'd like a motion to adjourn it to December 11th. Second. Second. Second. Move in the second. And Mr. Aye. Thank you again. Mr. Barnes. Aye. Zillow. Zillow. Aye. Thank you, gentlemen. So that's been adjourned to December 11th. Heather. Thank you very much. Again, thank you very much.

Next appeal is appeal number 2025-037, Glenn and Virginia Woodhull, 506 Soundshore Road, Jamesburg, Suffolk County. Tax Map Number 600-7-1-21, Residence 840 Zoning, to legalize two sheds. Applicant requests variances and or relief from Town Code Chapter 301-9A1A where an existing shed is located in a front yard, not permitted, and 301-9A1B where a shed located in a side yard is 2.6 feet from side property line, minimum required is 20 feet. 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. miss judd good evening kimberly judd 737 roanoke avenue riverhead glenn and virginia woodhull are the owners they're not here tonight but their daughter christine malicean is is here she's sitting up front they might be on zoom who are these people uh glenn and virginia woodhull and who's this and this is their daughter christine christine she's actually right now did i say the wrong name oh okay i'm just having a little fun okay i know so this property is located on sound shore road and riverhead it borders the long island sound to the north the property is 3.2 acres it's located in the ra40 zoning district so it's an oversized property it benefits from a certificate of occupancy for a mobile home and deck this property has been in the woodhull family for over 30 years glenn in virginia the current owners received the property from a trust from there from glenn's parents and i think they obtained the property probably in the early 2000s so there are two sheds on the property and that's what we're here before you i i have watched your other meetings i know how you feel about sheds if you can locate them in a conforming location you would rather they be relocated than grant a variance so i'm going to show you i don't know if you were able to go to the property today there's no place else to put these two sheds that doesn't require variance yeah we'll use it for various uses it's it's it's it's it's it's it's it's Yeah, we were actually at the site. Oh, you were there? Yeah. Okay. So I put some pictures in there, and I think the survey is worth a thousand words. I know that at the road, you can see on the survey, the contours, the elevation at the road, it's Soundshore Road, 76 feet, and as you progress towards the rear of the property, it goes down substantially. There is no place to put these sheds in the rear yard because, as the pictures showed, they are right behind their deck, there's a staircase, and it's 30 feet down. And the property is naturally vegetated heavily. There's only enough room, as you can see on the survey, for a narrow walking path. So it doesn't make sense to put it in the rear yard because right behind their deck, behind the house, is a 30-foot drop. And the pictures in the packet will show you that there's a picture of my client, and actually Christine walking down the stairs. I don't know if you can take a look at that, the pictures, I think. You can see from the aerial, I put this aerial in the package. It's Suffolk County GIS photo. It shows my client's property has a blue circle on it, and you can see the two sheds on there. It's dated 2001, so you can see that they're there. The aerial photo before that's 1984. It's too early, so it doesn't show it on there. But my clients estimate that the sheds were put in. They're current locations around the 1990s by Mr. and Mrs. Woodhull's parents. Yeah, we saw a satellite with footings. What date was that one? 2018. For the sheds? These are the next page. We saw a satellite picture, right? 2018? 2008. That showed just footings. So was that shed put in? No, both of these sheds were put in the 1990s. And then put back? You want to ask? This is Christine Malacena. If you want to swear her in. Yes. Raise your right hand, please. You're telling me to swear? Tell the truth? The whole truth? Nothing but the truth? So help you God. I do. Please state your name and address. Christine Malacena. I live at 506 Soundshore Road, Riverhead, New York. Thank you. So the Moore put-together shed was at one time an aluminum shed that had received a lot of heavy damage during a storm. So it was replaced in the same area. Footprint. Footprint. Thank you. I see. Yes. So maybe it was replaced. So it was replaced after or during 2018? I think after. After. Okay. So now we have two that we're looking at. And let me ask this. You have a subdivision going on with this? Yes. So? We're trying to subdivide so I can build a house. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. So are those sheds like mounted in cement? How do you have them anchored? They're not in cement. I mean is it possible that they could be moved after you do the subdivision? Or you just want to keep them in place until you get your house built and all that kind of stuff? So we're going to build on the other side. What's the other side? So the east side of the property. Right. I see that. That's all vegetation now. So we're splitting the property down the middle basically all the way down the middle. Kind of down the middle. Correct. And would you be willing to take one of those sheds and bring it over? If I have to. They could do that, but they speak to the variance. Any place. I understand. Right. Any place. I just want to know if they're willing to do it. We're not going to make you make it do it, but we're thinking about making you do it. You want a house? You know. The one was built by my great-grandfather. Okay. So it has good sediment. And it was built at a porch that was a little bit lower than the ground level. So it's a little bit lower than the ground level. Yeah. And that has no habitable space in there, right? No. No. Because it looks like a little cottage. It's a tool shed. Maybe in the 20s people lived in there. I don't know. It was built as a porch to give them the sufficient living space to a trailer that was once on the site. Oh, I got you. Okay. In the 70s when my dad was a young kid. And so when the current modular home was put in in 1990, it was a little bit lower than the ground level. So it was built in a little bit lower than the ground level. I see. So it's a little bit lower than the ground level. Right. So it's a little bit lower than the ground level. Right. So it's a little bit lower than the ground level. Right. So it's a little bit lower than the ground level. And so when the current modular home was put in in 1990, instead of tearing it down, they just moved it and dropped the other part of the roof to make it a tool shed for my grandfather. I see. So one's a tool shed and one's a junk shed. Correct. Kinda. Toys. Toys? You need a big shed like that? Yeah. You know, because they're not... A lawnmower and... It's bigger than 120 square feet. So that's a problem. You're going to have to get rid of one of those trikes. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. yard and if i go in front of the house anywhere i need a variance to put the shed in a front yard so i submit that the property owner who would be most negatively impacted to the west over here de river has already verbally told my client they have no objection to the sheds remaining there and i would just say uh as a sort of an aside the town of south hampton on waterfront properties they flip the front and rear yards that way you can put your accessory structures on the roadside i i know that's something that makes sense so i think it makes sense only because you just can't put it in the rear yard because of how a good drop it is when you're walking over to the beach and any place else you're going to need it for a side or or front yard okay thank you are there any more questions see anyone out in the audience that would like to talk on this variance christine want to test point i think is that everything no christine does she want yes i'm sorry julian no we have any problems down there does anyone on zoom want to speak on this matter

doesn't look like heather who's got it hello can you hear me yeah who is it this is glenn woodhull good evening to the west dad yeah this is i receive this um property wait a minute we gotta swear him in where is he okay i'm in salisbury maryland can you unmute do you think justin

what can i do for you how can i do hold on please just stop stop stop are you in cell phone or in video video zoom down below are you not one of those squares the first one over there i was on here in a minute but i don't know why it's not now yeah we can hear you if you could just find a way to turn your webcam on so we could see you okay okay okay okay okay okay okay okay okay that's the challenge

mr woodall can you hear us yes i hear you all right raise your right hand i do solemnly swear to tell the truth the whole truth nothing but the truth so help you god please state your name and address i saw only square yes i do my name is glenn richard woodhull my address is 507-727-7277 okay okay there's a 1406 1406 camden avenue salisbury maryland good go ahead okay um christine was accurate in saying that my parents bought the property in 1963 and they had a trailer on there that did not meet code so my grandpa my grandfather was a carpenter and he built a and he built a porch porch sunroom to comply with what needed to happen for it to be legal the trailer held up for so much time that it ended up being unusable to use so they had to take the trailer down and they moved that porch over a side and when they put the other prefab on there in 1990 it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it moved it

said there was a storm and it got damaged so we had hired somebody to come in and build another shed there to take care of lawnmower and other things summer furniture things that needed to be kept that couldn't go into the other shed it can't be seen from the road and obviously it can't be seen from the road nobody can see it our neighbor to the west has no problem no problem with that we've talked about it years ago and recently as well okay thank you very much anyone else out here where's this I'll read it Jeremy I moved the appeal of 2025 37 for Glen and Virginia Woodhills and 506 South Shore Road Jamesport tax map number is 600-7-1-21 located in the residence A40 district RA40 zoning for variances and or relief of the town code chapter 301-9A1A where an existing shed is located in the front yard not permitted and 301-9A1B where a shed located on the side yard is 2.6 feet from the side yard. it uses 2.6 feet for various uses it uses 2.6 feet for various uses it uses 2.6 feet for mr porsche aye so wesky aye mr barnes aye is hello hi can i vote aye sure yes good luck thank you very much

have a good night mr wattle okay next we have appeal number 2025-038 rh hamptons 321 llc 314 maple avenue and 321 union avenue riverhead so the county tax map numbers 600-127-1-44 and 127-1-41 residents a40 zoning for an unmerger applicant requests variances and or relief from town code chapter 301-243 c3 where unmergers shall result in lot areas half or less of the area permitted in the ra40 zoning use district which is 20 000 square feet more specifically 314 maple avenue area is 5,002 square feet and 321 Union Avenue area is 5,139.69 square feet. Chapter 301-11, where front yard setback for 314 Maple Avenue is 25.8 feet, minimum required is 50 feet, where impervious surface coverage for 314 Maple Avenue is 27.2%, maximum permitted is 15%, where proposed front yard setback for 321 Union Avenue is 25.1 feet, minimum required is 50 feet, and where proposed impervious surface coverage for 321 Union Avenue is 29.24%, maximum permitted is 15%. Good evening, Mr. Cuddy. Good evening. Charles Cuddy for the applicant. I have an office at 445 Griffin Avenue, Riverhead, New York. I hope that Heather wasn't exhausted by reading that, but could you give copies of this to the board? There's one for you and one for me.

I just have it. I have a small packet that I'm handing out just, I think, to go over this because this is somewhat of a unique variance from my perspective because it involves two lots, which is probably rare. I've handed out a packet because I just thought it would help familiarize you with the property. The top sheet is just to show you that there are the two lots. The principal lot we're talking about is on Union Avenue. It's on 321 Union Avenue, and it's known as Tax Lot 41. The second lot, which we'll get to in a moment, is the lot that's on Maple Avenue, known as 314 Maple Avenue, and it's known as Tax Lot 44. The second item I gave you is really two tax bills. These are current tax bills. This lot has had... These two lots have had tax bills for many, many years. In fact, the next statement that's in your group there is the history of the tax lots, just to let you know when they originated. One of them in 1920, the other in 1955. So these lots have been around for a long, long time as separate lots, the town recognized by giving out tax bills. They were separate. There came a time when they were looked at as a single lot, but before I get to that, I just want you to look at the photo that's in the next, the fourth thing that's in the package. That photo shows these two lots vacant in 2023, but it shows that by 1923, the tax lots were vacant. By 19... I'm sorry, 2024, 2025, the second photo shows that there is a house on the Maple Avenue lot. And the last thing I gave you was a certificate of occupancy to show you that the town recognized in January of 2025, this separate lot, the one on Maple Avenue, as distinct from the one on Union Avenue. So all along, these lots had been treated separately by the town. And in fact, the building was put up in 2024, and there's a CO for it in 2025. So I think without too much question, the lots are separate. They're not merged lots. There was a question that was raised at one time by the building inspector, did they merge? Well, when you build a house on one lot, you've confirmed. That that lot is a separate single lot. And that's what was done. So I don't think there's really a serious question that these are two separate lots. The problem is in building on these lots, even with the one that has a CO, the area that they're in is an R40 area. There's no house in that whole block that's a one acre lot. All of the lots, and you can see some by the pictures. That all those lots are roughly 5,000, 6,000 square feet. So it's impossible to build on these lots without having some sort of variance. For the one on Maple Avenue, no variance was requested. No variance was required. They just gave a building permit. The house was built. There's a CO for the house. But we're asking tonight that the CO be amended to reflect. The impervious surface and the setback variance that's requested and the relief. The same thing goes for the house that would be on Union Avenue. Because that's a 5,000 square foot lot in an R40 area. So you can't build anything virtually without having some variance. And without having an impervious surface variance. Both the houses would be similar in size. Approximately 2,000 square feet. One house. It's already constructed, of course. And the other house is to be constructed. But so our relief request is to grant the variance is requested to acknowledge that this is a separate lot. The acknowledgement being for the lot that's on Union Avenue. 321 Union Avenue. I don't have more to say. I'm happy to answer any questions. Good. Any questions here? Anyone in the audience that would want to speak on this variance? No. Anybody on Zoom? Anybody on the board? Who's got this? Who's got the reading? Me. Then he'll take it. Thank you. So Mr. Chairman, with respect to appeal number 2025-038, I move that the appeal of RH Hamptons 321 and 327 be approved. Thank you. Are there any 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

or less of the area permitted in the RA40 zoning use district, 20,000 square foot, more specifically. 314 Maple Avenue area is 5,002 square foot, and 321 Union Avenue area is 5,139.69 square foot. Chapter 301-11, where front yard setback for 314 Maple is 25.8 foot, the minimum required is 50 foot, where impervious surface coverage for 314 Maple is 27.2 percent, and the maximum permitted is 15 percent. Where proposed front yard setbacks for 321 Union Avenue is 25.1 foot, minimum required is 50 foot, and where proposed impervious surface coverage for 321 Union Avenue is 29.24 percent, and maximum permitted is 15 percent. Be granted. In accordance with the applications and sketches with the amendments thereto, if any, as filed with the building inspector. I have a second somewhere? I'll second. All right. Moving and seconded. Mr. Portia? Aye. Mr. Zaweski? Aye. Mr. Barnes? Aye. Mr. Zillow? Aye. And I vote aye. So your variance has been granted. Thank you. You're welcome. Have a good night, Mr. Cuddy.

Last opinion. Appeal of the night. 2025-039, Suzanne Bax, 7 Warner Court, Calverton, Suffolk County Tax Note number 600-11-2-2, Residence A80 Zoning, Proposed Single Family Dwelling Pool and Detached Garage. Applicant requests variances and or relief from Town Code Chapter 301-21A1A, where proposed pool is located in front yard, not permitted, where proposed detached garage is located in front yard, not permitted, Chapter 301-21A1B, where proposed pool side yard setback is 6.2 feet, minimum required is 25 feet, and Chapter 301-20C, where proposed habitable space for overnight accommodations and lower level of garage, not permitted. Your attorney, sir? Yes, sir. Okay. Please state your name and address. Good evening, Mr. Chairman. My name is Brian Doyle. I'm an attorney with the law firm Greenberg-Trarg 2317. Montauk Highway in Bridgehampton. I represent Suzanne and Ken Bax, and I'm here tonight with Shope Reno-Wharton, who is their design team, who is here on Zoom. To the extent the board would like, the design team can walk you through the presentation, and I can assist you with questions. Turn that mic up a little bit. And I can assist you with any questions. Can we just talk at any time? You got it. Okay. Go right ahead. Good evening. Can everybody hear us? Yeah. Okay.

Hello. My name is Edward Nabrakowski. I'm here on behalf of Shope Reno-Wharton for the architectural team related with this project. I'm also here in the room with two colleagues of mine, Jerry Hupy and David Butcher, partners of the firm who are familiar with the project. Excuse me. I have to swear all of you in, I guess. Is anybody a lawyer up there on Zoom? Nope. Who's speaking? Ed? David Butcher. Ed. Please raise your right hand. I do solemnly swear to tell the truth, the whole truth, and nothing but the truth, so I help you God. Please state your name and address individually, please. Jerry Hupy, 18 Marshall Street, South Norwalk, Connecticut. Thank you. David Butcher, 18 Marshall Street, South Norwalk, Connecticut. Thank you. Edward Nabrakowski, 18 Marshall Street. South Norwalk, Connecticut. Thank you. How about the last two? That's the next. Okay. Okay. Go right ahead. Thank you. Ladies and gentlemen, may we share our screen with you for a few moments? Go ahead. If I may, I'd like to take a few minutes at the top of the conversation here and just walk you through bits and pieces of the project and explain how we got to the proposed design that you see before us. 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. by our clients, but we're here really to focus on lot number seven, which is the parcel on the right side of the page in the triangular area. The way you approach the site is via Warner Court, and the driveway into the property is in the cul-de-sac. You enter in the narrowmost point of the property at the highest topographic elevation, which is depicted in the lightest shade of green here. As you enter the property with the driveway, you descend downhill following the topography. There is currently an existing detached two-story garage on your left. As you approach the garage, you subjectively notice quite dramatically that the grade drops off very steeply to your right, which ends up in the darkest green area over to the right side of the screen in a pretty deep gully. But as you exit your car at the garage, if you were to approach the existing main residence, you would walk on foot across an exposed walkway toward the front door of the main residence, further reinforcing how the grade subjectively falls away on either side of you before you enter into the main block of the residence, which is depicted in the middle of the screen in the dark red block. So we spent a lot of time on this site walking around on foot, kind of exploring all the different angles of where we could locate new residents as per the requirements that our clients held us to. And we pretty quickly came to the conclusion that the current location of the existing residence was in fact the best building location here. So once we decided that we would propose a new residence on the footprint of the existing structure, we started to kind of come up with ways of how we could approach the site, the vehicle, where we could park. We looked at a couple of different solutions that kind of entered onto garages underneath the main block. Are there uses for parking 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 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 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 So in that we included that we would locate a two-car detached garage in like kind to the location approximately where the existing one is, which is again in the front yard of the existing main residence. And doing our proposed location, we relocated this out of the existing setback where the current garage building currently sits. And as the two of those relate to one another, the garage and the house, we had the final programmatic element of the swimming pool that we had to find a location for. And we also came to a conclusion that similar to where the existing one is located, that the most sensitive and logical area was to locate the proposed pool in a location very similar to the existing. However, we are also giving ourselves some relief by pulling it further back from the property line to where it currently is. So with that in mind, I'd also like to share a little bit of information about the location of the pool. So if you'd photograph a few, if you don't mind. Go ahead. This is the existing driveway approach. So this is, you know, depicting coming downhill to the left, there's the existing two-story detached garage in the front of the main residence. And this really highlights, you know, the pretty steep drop off on both sides as you approach this, both to the gully in the right, which is a big heavily wooded pit, and to the left, which ultimately leads in a more open manner to the coast. As you leave the garage and approach the main residence, this is that exposed walkway leading to the front door. Just again, further highlighting how the grade kind of reacts to this and how the existing main residence is situated up on a perch. This is a shot of the rear of the residence looking in the opposite direction. Again, just showing a different view, particularly with the depressed area to the left and the heavily wooded area. This takes us into a... View of the proposed. So this would be the mitigated approach. And this also shows the detached two-car garage. But again, where it is the existing one is, you know, kind of rotated at an angle and set over the side, the setback. This one is, you know, speaking more relations within the house. It's in a bit more sensitive area, but it still maintains, you know, a similar approach in terms of the driveway and in terms of the footprint of the two buildings. And you can see how it's it's a little bit more open. You can see as it rolls off into the grade on the right side of the image. And a shot of the proposed residence from the back, more or less from the part of the depression on the east side of the property. With that, I will turn it over to the board for further discussion and comments. I will point out one of the elements of relief that was part of the application was to make a portion of the garage habitable space on the ground floor. Upon reflection, the applicant would just like to be able to have kind of a cabana area in that space. So we are not requesting relief to have that be overnight habitable space. We just want to be able to have a bathroom and a changing area in that space. So in my perspective, that was the most controversial of the applications before you. Excuse me. The other elements of the application are effectively reducing nonconformities on the property. So Heather, more than likely, due to the way the house is situated on the property, this would require an application under the Coastal Rosings Chapter 219, correct? So any ground disturbance beyond that 50-foot line? I mean the deck is very high. Right. Right. Right. Right. Right. Right. closed. They're proposing it at 51.5 feet. So the deck itself is out of jurisdiction, but any ground disturbance beyond that would require Chapter 219 approval from the Planning Board, though it would not require a variance from Chapter 219. Right. So in other words, in some of the plans that we looked at, there's a proposal for silt fencing, obviously, to protect the coastal area. But in order to utilize those methods of silt fencing, the applicant would have to get a 219 permit to do that. Okay.

Sorry. Our laptop is low on battery. Sorry. Was I supposed to answer an additional question? I'm having some technological issues. Am I good? Yeah. Okay. Counselor, I see that there's a patio that's encroaching over to the next lot. Is that going to be removed? Yes. Yeah. And that lot is owned by the same couple that are your applicants. So that is being removed and everything. They're in separate names? Yes. And it's being moved back onto the lot. So that non-conformity is being removed.

Will there be any materials brought in to elevate the house, the new house? I'll leave that to the architects to answer if there's material being brought in. Do you anticipate any soil import or export? No. To the best of our knowledge, no. You know, the way we've situated things here, uh, there's really no anticipation of either importation or exportation of fill to or from the site. Okay. And, um, I understand that there is a property owners association up there? Correct. Yes. How are they feeling about this project? Have you had any input from anybody? Uh, today we have not had any input. Uh, they have been notified as part of this procedure for the hearing. Um, but we, we haven't had any specific input. So the people who are in charge of the hearing are the ones who are going to be in charge of the hearing? So the people that live in there know about it and they're aware of what's going on? Yes. Correct. This is, it was conspicuously posted and everybody knows. It was posted in the... The HOA has been notified because they own the beach behind this piece of property. Right, right. So they're notified. Okay. So I haven't heard anything, so we'll see if anybody else has anything to say. Come right up, please, to the mic. Right here. Wait a long so. Please raise your right hand. I swear to tell the truth, the whole truth, but the truth so I help you with it. So help me God. Please state your name. My name is Bogdan. My name is Bogdan Luzarik. I live at 8 Warner Court, Bading Howell, New York. I am just, I am next door neighbors with Ken and Suzanne. Oh, the only question I had. Excuse me, sir. Excuse me. Would you spell your last name, please? L-A-Z-O-R-Y-K. YK and my first name is B-O-H-V-A-N. Thank you, I'm sorry. No problem. The only question I have is could the architect put up the picture of the front of the house again?

Okay, now if I am correct that is coming, the driveway is going straight off the cul-de-sac into the detached garage, is that correct? That is correct, yes. Okay, so otherwise if I, so the way you're situated there, you're going to be moving trees on both sides of that driveway a little bit, aren't you not? Maintaining the same driveway approach. So we're maintaining the same driveway approach where the existing garage on the left has a much steeper turn into the driveway. Okay. So the left. Yeah, I know that, I know that lot perfectly, it's next door to me. Correct, yeah, we understand. You know, we're maintaining the footprint in as much as possible. Okay. It's our intention to not level any trees. Okay, fine. Now could you show me the picture of, I guess it would be the east side of the house? The east side. Only what we have is the one from the back. Yeah. That's the east side. Correct. Okay. And you won't be, are you removing any trees in front of that? So where this image is taken from is currently wooded. Yeah, I know that. That's why I'm asking. For purposes of presenting the design to the clients, we can't exactly be looking through the trees, so this is, you know. Yeah, the renderings were created for presentation of the architecture, not necessarily in terms of preservation of the trees. Okay. Well, I don't have no problem if you're going to be removing trees from that side. The only thing I had a question was the proposal on the garage, but they already say they're not going to have anybody staying over, so I have no problem. As far as I'm concerned, I wish them the best of luck on their new home when it's going to be built. And the only question I have is, if I have any cracks in my house, are you guys going to repair it? But when you go pounding? Yeah. I'm just a joke. Relax. It's the humor here. Okay, thank you for your time. Ken and Sue, I hope you good luck on your new place. Thank you for coming. Thank you. Thank you, sir. What are you doing? I have it. Wonderful. Is there anyone on Zoom who wanted to add anything who hasn't been heard? Is everybody reported already? I am. Ready? Let's go. Mr. Chairman, with respect to appeal number 2000-25039, I move that the appeal of Suzanne Bakes, 7 Warner Court, Calverton, STM number 600-11-2-2, residence A80, RA80 zoning, for variances and or relief from town code chapter 301-21A1A, where proposed pool is located in front yard, not permitted, where proposed detached garage is located in front yard, not permitted, chapter 301-21A1B, where proposed pool side yard setback is 6.2 feet, minimum required is 25 feet, and chapter 301-20C, where proposed habitable space for overnight accommodations in lower level of garage, not permitted. This board makes the following findings of fact and grants the above mentioned relief in part with conditions. Proposed pool and garage locations are approved. The accessory structure located within the front yard to wit, detached two-car garage with basement, partially finished for pool house with half bathroom, no shower, closet and guest area, and storage with second floor studio, attached outdoor shower, shall be for seasonal use and not improved with, A, a positive heating supply to the structure or converted area, B, energy conservation measures such as insulation to protect from heat loss, or C, a potable year-round water supply which is protected from freezing or if water is supplied on a year-round basis. In addition to said structure, shall not be further expanded nor shall structure be improved with kitchen facilities or laundry facilities including but not limited to cooking appliances, range, stove, cooktop, microwave, refrigerator, cabinets, kitchen sink, washing machine or dryer, except may be improved with a sink proposed and made part of this application and shall not be used for overnight sleeping accommodations, nor shall either be offered for use in the future. This board is not in the ! be a gift, license or lease for overnight accommodations, recreational or special events or operation of a business and instead same is limited to use as accessory to the single family residence. In accordance with the applications and sketches with amendments thereto, if any, as filed with the building inspector and the building inspector planning department shall determine the appropriateness of a requirement for a chapter of the proposed ! 219 Coastal Erosion Hazard Permit for proposed disturbance within the Coastal Erosion Hazard Area. Second. Okay. Moving to second. Mr. Porsche? Aye. Mr. Zawieski? Aye. Mr. Barnes? Aye. Mr. Gazzillo? Aye. Can I vote aye? So your variances have been granted. Good luck. One of the conditions you mentioned talked about no shower. And effectively if this is a pool cabana, I understand the point about no insulation. But is there something that does not allow the bath in there to have a shower? So I think the way the application was originally proposed, it was not a shower. It was an outdoor shower. It was an outdoor shower. It was an outdoor shower. And the reason why the application was originally proposed was for an outdoor shower. Isn't that correct, Heather? It has an indoor. It has a full bath inside. And an outdoor. There is an outdoor shower as well, but there is a full bath inside shown in the drawings. So typically in order to ensure that the improvements are not used for overnight accommodations, typically it limits to the half bath for the cabana. OK. I didn't see that within the code. Is it possible to ask for relief for that? I have no objection to a shower. OK. I have no objection to a shower. OK. I'm fine. Leroy. Are there any comments? Are there any comments? you'd have to amend the resolution okay so we'll make it okay all right Joe does he have to read it over a patient for to amend the resolution to permit a full bathroom toilet sink and full shower indoor in addition to an outdoor shower all in favor aye thank you everybody thank you for your concern very much before everyone runs away we do have minutes from October 23rd somebody move it please move to be accepted all in favor aye and next meeting date is December 11th 2025 there's no meeting on November 27th because it's Thanksgiving unless everybody wants to come at Thanksgiving here maybe come down and pack turnips be thankful you know exactly motion to adjourn so moved second all right motion to adjourn all in favor

aye all those in favor 6-0 you you you you you you you