February 12, 2026 — Zoning Board of Appeals

Timestamped Transcript

Click any timestamp to jump the video to that moment.

0:00Thank you.
0:30Thank you.
1:00Thank you.
1:30Heather, I'm going to look around that pile.
1:31So you have the order of things today.
1:35So why don't we start, please?
1:36Okay.
1:37So first off, we'll read off the correspondences received.
1:42Patrick Fadoon, 52, Main Road, Riverhead, a request to withdraw appeal number 2025-041.
1:48That was dated January 28, 2026.
1:52Then Judy Lynn Simonsick from Fort Shelley, Deegan, Toronto, 1087 Old Country Road, Riverhead,
2:00change of counsel and response to a letter from Kim Judd.
2:03That was dated February 3, 2026.
2:08Amy Loeb, PBMC Northwell Health, 1087 Old Country Road, Riverhead, additional letter
2:13requesting to reopen appeal number 2025-042 and request to speak before the zoning board.
2:19That was dated February 4, 2026.
2:23And then another letter from Judy Lynn Simonsick, Fort Shelley, Deegan, Toronto, 1087 Old Country
2:28Road, Riverhead.
2:29And then response to letter from Amy Loeb.
2:31And that was dated February 10, 2026.
2:37All right.
2:38So to address the request made, we have the request to withdraw appeal number 2025-041.
2:45That's 52, Main Road, and Riverhead.
2:51Members of the zoning board, do you have a determination?
2:54Yes.
2:56So, Mr. Chairman, with respect to...
2:59Okay.
2:59Appeal number 2025-041, Suffolk County Tax Map 600-84-5-13.
3:07The conclusion, determination of the zoning board of appeals did consider applicants'
3:12request to withdraw the application, appeal number 2025-041, and did consider effort and
3:17expenditure of time and cost for site visits, review of history of site, reviewing the criteria
3:23of the use variance, review of applicable town code, hearing, and transcript, together
3:28with consideration of the use variance, and review of applicable town code, hearing, and
3:29of staff time and attendance, and time of interest at residence.
3:32Based upon the same, the zoning board grants the applicant request to withdraw with prejudice
3:37to reapply for such application for use variance for this site for two years from the date
3:43of determination.
3:46So moved.
3:47Second.
3:48Second.
3:49Okay.
3:50Mr. Barnes.
3:51Aye.
3:53Mr. Portia.
3:54Aye.
3:54Mr. Zaweski.
3:55Aye.
3:56Mr. Godzilla.
3:57Aye.
3:57And I vote aye.
3:59Aye.
4:00Heather.
4:01Okay.
4:01And then the second request to reopen the hearing for appeal number 2025-042, 1087 Old
4:08Country Road in Riverhead.
4:10Okay.
4:11Mr. Chairman, with respect to appeal number 2025-042, STM number 600-108-4-14.5, the zoning
4:24board gave careful consideration to all correspondence.
4:29Second.
4:29Second.
4:29Second.
4:29Second.
4:29Second.
4:29Second.
4:29Second.
4:30Second.
4:30Second.
4:30Second.
4:30Second.
4:32Second.
4:33Second.
4:33Second.
4:33Second.
4:33Second.
4:33Second.
4:33Second.
4:33Second.
4:34Second.
4:34in the record sent forth in counsel for Peconic Bay Medical Center and President of the Peconic
4:41Bay Medical Center Correspondents support a determination that the Zoning Board will
4:46reopen the hearing.
4:48Note, the opening of the hearing and hearing date shall adhere to all procedural provisions
4:54regarding notice, publications, etc.
4:57set forth in Town Law 267-A and Town Code shall be met before the rehearing.
5:06No moves.
5:07Second.
5:08Second.
5:10Mr. Barnes.
5:12Aye.
5:13Mr. Porsche.
5:14Aye.
5:14Mr. Zawiski.
5:15Aye.
5:16Mr. Gazillo.
5:17Aye.
5:17And I vote aye.
5:18We need to set a date, I guess.
5:20Set a date.
5:21We could do the next meeting date, which is February 26th of 2026.
5:27I move it be moved adjourned until that date.
5:29We'll reopen it at that date.
5:30Second.
5:3126?
5:32Yeah.
5:32Yeah.
5:32Okay.
5:33All in favor?
5:34Aye.
5:34Aye.
5:35Aye.
5:35Thank you.
5:37So that has been a...
5:40Sure.
5:46Good evening, Mr. Chairman, members of the Board.
5:48My name is Judy Simonsik.
5:50I come with the firm of Ferchelli, Deegan, Tarana, with offices at 333 Earl Ovington
5:54Boulevard in Uniondale.
5:55I'm here on behalf of...
5:57Tony Brook.
5:58We are obviously very surprised that the Board has voted unanimously to open up the hearing.
6:05We would ask for more time, though, if we're putting this on for February 26th.
6:10That does not give us much time.
6:11We were just substituted as counsel.
6:14I had submitted that letter in the first week in February that we were substituted as counsel
6:18for the prior attorney.
6:20So we would like more time.
6:22Which time?
6:24I would...
6:25At least until the next meeting.
6:26At least a month.
6:28I'll read off the next couple hearing dates.
6:31I will note that our chairman is not here.
6:35So we have March 12th, March 26th, or April 9th.
6:42At your pleasure.
6:43May I confer with my client for a moment?
6:45Sure.
6:56Thank you.
7:01Thank you.
7:01Thank you.
7:01Thank you.
7:02March 12th would be acceptable.
7:07So moved.
7:08Second.
7:09Okay.
7:10Mr. Barnes.
7:11Thank you.
7:13Aye.
7:14Braschetta.
7:15Aye.
7:16Zawieski.
7:17Aye.
7:17Cazillo.
7:18Aye.
7:19And I vote aye.
7:19So you've been moved to March 12th.
7:24And counsel for the zoning board, just to confirm, the property will need to be reposted for that date and will handle the legal notice?
7:32Correct.
7:32Okay.
7:33I can supply you with a poster.
7:35I'll let you know when it's ready.
7:41Okay.
7:41So with those requests out of the way, the reserve decisions, that section is no longer necessary.
7:51So we'll move right on to the public hearings.
7:53The first hearing is appeal number 2025-032, Bayview at Peconic, LLC, 47 Bayside Avenue, Jamesport,
8:02Suffolk County Tax Map number 600-93-1-4, Residence B40 Zoning, Appeal of Chief Building Inspector's Determination,
8:11dated July 29th, 2025, which rescinded a letter of preexisting use issued October 13th, 2022, for use as a transient rental.
8:20And this was adjourned from December 11th, 2025.
8:24Good evening.
8:25Good.
8:26Yes, we have some of the documents that had already been submitted, but copies for the board.
8:32Excuse me.
8:34Hold on.
8:34Oops.
8:35Sorry.
8:38And Pat, if you could just lower the mic a little.
8:41Yeah.
8:41It's such a high.
8:43Giants.
8:44Before you begin, first of all, can we have your appearance, please?
8:47Oh, I'm sorry.
8:48Yes.
8:48I was waiting.
8:50Patricia Moore.
8:51Thank you.
8:52State your name and address.
8:54Patricia Moore, 51020 Main Road, Southfold.
8:57I'm here on behalf of Bayview at Peconic, LLC, which is.
9:0247 Bayside Avenue, Jamesport.
9:05Just to cut to the chase, if you're going to.
9:08We've already had a hearing on this.
9:10If there's anything you want to add, by all means, let us know.
9:13But if it could be just redundant.
9:15Well, it's not.
9:17My goal here is not to go through all of the documents that are in your records.
9:22I think you're well, you're capable of reading the record and you don't need me to walk you through it.
9:28I do want a moment of your time to let me.
9:32Go ahead.
9:32Go through my presentation just to recap and create a record.
9:37Last time I was here, we kind of got off a little bit.
9:41So I want to try.
9:42Pardon me?
9:43You could do all that in a moment.
9:45Probably in two.
9:47How's that?
9:48Okay.
9:48All right.
9:49I had.
9:49Thank you.
9:50I have Mr.
9:52Fasaro, who is the and his sons were the members of the Bayview at Peconic, LLC.
10:00This is a continuation.
10:02Of our hearing seeking confirmation with the law already recognizes that this property's longstanding use as a single family residence with transient rental constitutes a lawful preexisting nonconforming use under 301 to 22 of the Riverhead Town code.
10:20This is a request for recognition of the vested property right that has existed for more than 60 years.
10:28The use was lawfully established.
10:31Uh, we.
10:32Have.
10:32The record is clear that the Fasaro family purchased the property in 1962 and began using it as a single family home with transient rentals at that time when the town adopted its zoning in 1959.
10:46The one family dwelling was a permitted use.
10:49Importantly, the town code defined dwelling as a structure occupied as a home, either permanently or transiently.
10:57So at the time this use began in 1962, transient.
11:01Occupied.
11:02The property's.
11:02Was expressly included within the definition of a permitted dwelling use.
11:08The use was lawfully at lawful at inception.
11:11That is the first and most critical element of this case.
11:16In 1995, the town amended the definition of dwelling and remove the reference to transiently.
11:23The property had been used for transient rentals for 33 years at that point.
11:29In 96 chapter 86.
11:31Was adopted requiring rental permits and in 2013, as you know, the prohibition, a prohibition was adopted.
11:40Um, transient rentals for fewer than 29 days.
11:44But under the well is settled New York law when zoning changes render a previous previously lawful use nonconforming that use becomes a vested property right?
11:55We've given you cases to that point.
11:57The town code itself recognizes this principle in 301.
11:59The town code itself recognizes this principle in 301.
12:00The town code itself recognizes this principle in 301.
12:00The town code itself recognizes this principle in 301.
12:01The town code itself recognizes this principle in 301.
12:02The town code itself recognizes this principle in 301.
12:03The town code itself recognizes this principle in 301.
12:05The town code itself recognizes this principle in 301.
12:07The town code itself recognizes this principle in 301.
12:08The town code itself recognizes this principle in 301.
12:08The town code itself recognizes this principle in 301.
12:09The town code itself recognizes this principle in 301.
12:11The town code itself recognizes this principle in 301.
12:12The town code itself recognizes this principle in 301.
12:13The town code itself recognizes this principle in 301.
12:14The town code itself recognizes this principle in 301.
12:15The town code itself recognizes this principle in 301.
12:16The town code itself recognizes this principle in 301.
12:16The town code itself recognizes this principle in 301.
12:18The town code itself recognizes this principle in 301.
12:19The town code itself recognizes this principle in 301.
12:20from renters, tax records, business records, and photographs, all demonstrate continuous
12:26transient rental use dating back to 1962.
12:30The evidence here is not speculative.
12:33It is voluminous and documented.
12:36Section 301.222 prohibits expansion and enlargement of the nonconforming use.
12:42There has been no enlargement, no intensification, no physical expansion of the dwelling.
12:48The structure remains substantially identical in scope and intensity to its historic use.
12:54This is the same five-bedroom, one-bath home with detached garage which has existed for
13:00decades.
13:01We are not seeking to increase occupancy, we are not seeking to add units, and we are
13:06not seeking to alter the footprint.
13:09Only continuation of what has always existed.
13:13In August 22, the town building inspector issued the letter of pre-existence.
13:18The building was
13:18owned by the man running the property owned by me.
13:22Unlike me, she owned me from the kids she owned me from me from me from me from me from
13:33me from me from me from me from me from me from me from me from me from me from me from
13:39me from me from me from me from me from me from me from me from me from me from me from
13:48he did not need to do anything further and there was no rental permit
13:52requirement three years later without any hearing appeal or administrative
13:58review the letter of pre-existing use was rescinded we're here because of
14:03rescission of the letter of pre-existing use was arbitrary and without process
14:08but even putting aside the board's authority is independent the evidence
14:13before before you establishes a non-conforming use by operation law
14:19again the rental permit process does not invalidate a pre-existing use as a
14:28suggestion I made to my client was that this board in granting our approval and
14:34we would accept a condition that the applicant would get a rental permit
14:39they have never objected to getting a rental permit they would have
14:42cooperated with the board and they would have accepted the application and they would have
14:43cooperated and gotten a rental permit but the rental permit process
14:46specifically prohibits and the affidavit and the statement you make when you get
14:51one says and you are not renting short-term rental putting yourself in
14:57that position would have put them in a fraudulent position had they applied for
15:03a rental permit had they been instructed to do so however if the board grants our
15:09approval and conditions obtaining a rental permit
15:12you would have to apply for a rental permit and you would have to get a
15:12rental permit then we could attach on any rental permit application this
15:16board's decision and say here this is somewhat of a nuance or a caveat to the
15:26rental permit process I think that that in and of itself protects the community
15:31protects the intention of the rental permit process to protect the public from
15:38terrible situations of people that don't maintain their
15:42property and create hazards to the community in our case the faceros have
15:50been diligent in 22 they got a full inspection they got a pre-co inspection
15:56electrical inspection and to the extent that all of the the agencies reviewed the
16:06condition of the property in 22 and even to today the property is well maintained
16:12with proper smoke detectors proper monoxide inspectors they are a good
16:21owner of the property they are really not what the rental law was intended to
16:28apply to I would also point out that in 2022 it's my belief that they did not
16:35believe he needed a rental permit is that the rental permit process excludes
16:40B&B's and
16:42motels hotels and such so when the board when the building department
16:48believed that he had a pre-existing short-term rental it made sense that he
16:56wouldn't need to go get a rental permit because he was treated being treated
17:00more as a commercial I want I don't want to say hotel motel but in that at or a
17:09B&B it was kind of a
17:11hybrid so without a clear indication one way or another they told him you didn't
17:17need anything further the code the rental law just doesn't provide for
17:22hybrids I think there's always a chance or not always an ability to customize
17:28something based on the circumstances so in conclusion for more than 60 years this
17:35property has operated in the same manner the town changed the law the owners did
17:41change their use the Constitution protects festive property rights New
17:47York law protects pre-existing non-conforming uses and the riverhead
17:51town code codifies those protections for those reasons we respectfully request
17:58that the board issue a determination confirming that 47 Bayside Avenue is
18:02entitled to continue to continue to use as a lawful pre-existing non-conforming
18:10single-family dwelling with transient rental use under 301 222 thank you
18:17there's more I presume that this last thing that you entered tonight it the
18:25thing with the years and all is that the days that it was rented so there you
18:30have some that's a yes or no question is that no I don't know what your concept
18:39of a moment in
18:40disagree well forgive me thank you that's yes this document is a quick
18:47rundown of all of the thank you renters thank you thank you but I'm gonna show
18:53your patients ask you a question yes I was looking through that and most of the
18:57stays are in here are less than 30 days yes and you mentioned before hotels in
19:03bed-and-breakfast do your clients file Suffolk County
19:06hotel tax yes they do do you have evidence of that
19:10I think we provide it already yes it's in your pocket yes all right thank you
19:16that's great thank you well you have to adjourn this reserve decision I
19:20presume well Your Honor sorry that's your old
19:24title we would request just a one-month adjournment to give us an opportunity
19:30to review and see if there's anything else that my clients wanted you she'll
19:37So the original hearing date was when, Heather?
19:41I have to look.
19:42It was a long time ago.
19:43But this was the second adjournment.
19:45This is only the second.
19:46Yeah, but so from the original hearing, the zoning board did grant two long adjournments.
20:03The zoning board has accepted every submission that you've wanted to make.
20:13You, obviously, the issue with respect to the determination that brought you here, that was back in October.
20:30Yes, we filed within 30 days.
20:3330 days of that determination.
20:35Right.
20:36How much time do you suggest?
20:37This has been going on for a long time.
20:40Yeah, no, I understand.
20:42As applicant, you have had an extended period of time to present or gather any information that you wanted the zoning board to consider.
20:56I mean, so, Heather, what was the original date?
20:58Can you give me the history?
21:03I can attest to the record being voluminous.
21:10Like a better word, it's robust.
21:12Robust.
21:12Well, it's proof.
21:15So I...
21:16What else can you add?
21:19What else are you going to add that we already don't have?
21:23How about two weeks?
21:24It's a continuation.
21:25Two weeks?
21:26Two weeks?
21:27Two weeks.
21:28Is it acceptable?
21:29So moved.
21:30That's fine.
21:3126 is your next meeting?
21:33Yes, February 26.
21:35That's fine.
21:36That's fine.
21:36Thank you.
21:37I second.
21:38Okay.
21:38And it was...
21:39I think it was October 23rd was the original.
21:44There was a motion and a second?
21:47Okay.
21:47Mr. Barnes.
21:49I think I sold more than it was seconded.
21:51It was seconded.
21:52Aye.
21:53Mr. Zaleski.
21:54Aye.
21:54And I vote aye.
21:56So you've been moved to February 26th.
21:59Thank you very much.
22:01Thank you.
22:01Thank you.
22:01Thank you.
22:01Thank you.
22:01Thank you.
22:01Thank you.
22:01Thank you.
22:01I'll assume, if it's all right, if we have nothing further, we'll just send a note or
22:06a letter saying, yes, please close the hearing, and then you can act, if that's acceptable
22:12to the board.
22:14Thank you.
22:15We don't want to have to appear and take your time.
22:18Thank you.
22:23Okay.
22:26Moving right along.
22:28Appeal number 2025-044.
22:31Robert Crinion.
22:339 Holly Tree Lane, Jamesport.
22:34Suffolk County Tax Map number 600-69-3-12.
22:39Residence A40 zoning.
22:41Proposed in-ground pool.
22:43Applicant request variances and or relief from Town Code Chapter 301-15A1A, where accessory
22:51structures are not permitted in the front yard.
22:53Chapter 301-15A1B, where proposed accessory side yard setback from a side street in the front yard.
23:01The street is 10 feet, where minimum required is 50 feet.
23:04And Chapter 301-11, where proposed impervious surface coverage is 33%, where maximum allowed
23:10is 15%.
23:11Your attorney?
23:15Okay.
23:15Raise your right hand.
23:16I do solemnly swear to tell the truth, to hold truth, and nothing but the truth.
23:19I do.
23:19I help you, God.
23:21State your name and address.
23:22Robert Crinion.
23:23How do you spell it?
23:24C-R-I-N-N-I-O-N.
23:27In this weather, you hear about a pool?
23:29Excuse me?
23:30In this weather, you hear about a pool?
23:30You hear about a pool, right?
23:32Yeah.
23:33All right.
23:33From my wife.
23:34And I can confirm we received the receipt of certified mailings and the affidavit of posting.
23:42Right ahead.
23:43Excuse me?
23:44Go ahead.
23:45Present your case.
23:45Yeah, we're looking to put a built-in pool and a patio around it.
23:51I have a corner plot, so the biggest area to put it in is on the James Ford,
24:00the High Tree Lane and Potomac Bay Boulevard side.
24:04It's a big open area there.
24:07We have right now a wood deck that we're going to take down, put a patio in, put a pool in,
24:15and yeah, that's it.
24:19What kind of fencing are you going to have around it?
24:22Steel fencing, yeah.
24:23Yeah.
24:25How are you going to address the front of it with the hedges and all that out there?
24:30I'm going to.
24:30I'm going to landscape it really good.
24:31I want it closed in nice and nice.
24:33You're going to landscape it, right?
24:35Oh, my landscaper is, yeah.
24:37Yes.
24:38So, would you have any objection with a recommendation that that landscape plan be approved by planning department planning staff?
24:52Sure.
24:53Sure.
24:53Sure.
25:00Mr. Krinian, is the lot to the west?
25:07It's been abandoned.
25:09We've been there for five years.
25:11I retired a Riverhead cop, what is his name, Tom?
25:17Lessard.
25:18Lessard.
25:18Lessard.
25:19Yes.
25:20He's been trying to contact the people for.
25:23Okay.
25:23So, that little lot in between there is, it's a narrow lot, right?
25:28It's a narrow lot, but it goes the whole way.
25:29Way back.
25:30Yeah.
25:30Yeah.
25:30Yeah.
25:30Way back.
25:30That's their property.
25:31Okay.
25:33Yeah, they actually, there's a camper on it, there's an old boat, and like a kid's plastic toy.
25:42That's, you know.
25:45And would you plan on the hedge that's there, is that on your property?
25:50What's that?
25:50The hedge that's on Peconic Bay Boulevard.
25:52That's actually, that's right where the property is.
25:57So, is that your hedge, or is that?
25:59I believe that's a property.
26:00So, I think I've seen people prior to me put it up, but I think it's your property.
26:04So, would you end up, so if it got knocked down, you basically have a pool that's around Peconic Bay Boulevard and everyone's looking at it.
26:11Yeah, but we've got to keep those hedges.
26:15The height of the pool is going to be about two foot higher, so it's going to sort of come up, and along that side, we're going to put an extra set of hedges.
26:28Okay.
26:28Okay.
26:28And then along that.
26:30abandoned lot side because we don't really like to see it we're going to put hedges on that side to
26:36uh minimize the site of uh seeing the abandoned lot okay and what kind of fence are you putting
26:42around the pool is it gonna be a solid fence or is it gonna be one of those uh metal fences with
26:46the top rail and metal and then uh you know like every uh four inches i think there are four inches
26:53is this code go with another uh uh you know i guess they call it post a new pole you know
27:01or it's not seat room well you'll be able to see it yes it will be but okay it will
27:09because we have such a beautiful view yep i'd like to sit in the pool and still see
27:14you know my wife likes to look at when the sun sets we actually get a great coming right across
27:20the island we get it the other side of the water gets a great
27:23view you know arches and carpels and everything so you're gonna you're gonna screen it from those
27:29sides no that that don't make sense just he was talking about the four just having learned the
27:33lesson the hard time it's four in between but at the bottom it's two between that's on your fencing
27:40okay it's two inches on the bottom and it can't and it can't be climbable right okay so i i i
27:47think that the pool guys go but he it's off the redwoods it was a big pool they've done
27:53plenty of them yeah so he's gonna know what you know heather did we see receive any correspondence
28:00on this application um no we didn't did you receive any like letters from the neighbors
28:06or anything no okay is anybody online um uh we have people online there's no one with their hand
28:16raised um if anyone wants to speak on this appeal please raise your hand
28:23okay
28:33mr chairman with respect to appeal number two zero two five dash zero four four i moved at the appeal
28:40of susan and robert crinian nine holy tree lane james port stm number six hundred dash six nine
28:48dash three dash twelve residence a forty r a forty zoning
28:53for variances and or relief from town code chapter 301-15a 1a where accessory structures are not
29:03permitted in the front yard chapter 301-15a 1b where proposed accessory side yard setback from
29:13a side street is 10 feet where minimum required is 50 feet and chapter 301-11 where proposed impervious
29:22surface coverage is 33 feet and the proposed impervious surface coverage is 33 feet and the
29:23proposed impervious surface coverage is 33 feet and the maximum allowed is 15
29:26percent be granted subject to plant to planting plan approved by the planning department in
29:35accordance with the applications and sketches with amendments thereto if any as filed with the
29:41building inspector second okay mr barnes aye mr porsche aye this is a wesky aye it's gazilla and
29:51i vote aye so
29:53has been granted so i like to get the uh the planting plan done yeah or even if you had a list
29:59of species and you know um size that you're going to plant you can submit it to me and i'll i'll take
30:05a look at it okay natives are preferred um i know that deer are an issue all over riverhead um so if
30:13you need suggestions i can suggest some deer tolerant species if you need them so i you and
30:20that i get the permit
30:22um so
30:23you'll get a written determination um which you can bring to the building department um and then
30:28you know it'll be an approval you know whatever your plan is or the list of plants
30:34planning will okay it and then you can proceed with building great all right thank you welcome
30:40that's expensive okay uh last appeal of the night appeal number 2026-001
30:471175 west main llc 1175 west main street riverhead suffolk county tax map number
30:53600-125-2-25.2 riverfront corridor zoning for a special exception pursuant to town code chapter
31:02301-222b the zoning board of appeals may approve a special exception to allow the change from one
31:08non-conforming use to another applicant requests conversion of western portion of building
31:14from pre-existing non-conforming spa restaurant to showroom storage and offices for heating and
31:18air conditioning business not a permitted use within the riverfront corridor zoning use district
31:23district
31:24good evening well i was cutting for the applicant i have an office at 445 griffin avenue riverhead
31:30with me tonight are two principals of the company chris geiger frank stressor and also the architect
31:38so they're all here to hopefully get this approved but basically what they have is they have a change
31:45of zone situation because when i say change of zone change of non-conforming use um there was a
31:53change in the running running running running running running running running running running
31:55running running running running running running running running running running running running running
31:57running running running running running running running running running running running running running
31:58running running running running running running running running running running running running running
32:00running running running running running running running running running running running running running
32:01running running running running running running running running running running running running running
32:04running running running running running running running running running running running running running
32:05running running running running running running running running running running running running running
32:07running running running running running running running running running running running running running running running
32:08running running running running running running running running running running running running running running running
32:10running running running running running running running running running running running running running running running running running
32:14running running running running running running running running running running running running running running running running running running running
32:17showroom, they would have an office in it, they would have a storeroom in it. They
32:22run a similar type business in the West Hampton area and they want to not leave
32:27that business but they want to come here and expand their business. This is
32:31certainly a less intense use than was there. It doesn't use the nighttime area
32:39for the restaurant, it closes at that time. It doesn't really impact the
32:45neighbors the way the other restaurant would. I think it is very much less of a
32:53non-conformity. The reason it's non-conforming is because it's Riverfront
32:57corridor and I'd like to hand up, if I may, a pictorial representation of that
33:03area. I think there's seven of them there.
33:15Thank you.
33:22That's designed just to show that there are a number of different uses there,
33:28similar type business uses. That whole area which is sort of a blue-purple
33:36color is the Riverfront corridor. The one across the street is the iconic River
33:42corridor, community corridor.
33:45This is also across from the pet site which is the pet hospital. So all of the
33:55things around them are basically business. There are a few dwellings. There
34:00are dwellings next to them. The people in those dwellings have been contacted and
34:04they have consented to what they want to do, which I say is much less than the
34:08restaurant that was here. I know that under the code any special exception
34:15is the
34:15hospital. But there's a lot of work to be done.
34:20So, the building must go through a whole process which is required by chapter 105-8.
34:30And that says that there are four determination factors. There are 13
34:35conditions. I don't think you want me to read all of them too. I'll go through
34:40some of them. But I have many of them in writing so you can take a look at them.
34:45So just to review this,
35:11there are four principal determinations
35:13that the board must make.
35:15Those are the first four on the first page,
35:18that the use will not prevent the orderly
35:20and reasonable use of adjacent properties
35:22or properties in the surrounding area
35:24or impair the value thereof.
35:27I think that this use and the sale and the installation
35:30and repair of heating and air conditioning equipment
35:31is much less intense
35:33than the fish market restaurant operation
35:36and will have much less impact on the neighbors.
35:39Number two is that the use will not prevent the orderly
35:42and reasonable use of permitted or legally established uses
35:45in the district wherein the proposed use is to be located
35:48or permitted or legally established uses
35:50in the adjacent districts.
35:52What I said was that use will not have any negative impact
35:55on the neighbors as the customers come by appointment,
35:59by the way, at this site.
36:00They don't just come in.
36:02They come only after they're calling
36:05and set up an appointment.
36:06So the hours are pretty limited as to the number of people
36:10that are going to be there.
36:12So the effect on the residences would really be
36:15negligible.
36:16The third item is the safety, health, and welfare,
36:19the comfort and convenience of the order of the town
36:21will not be adversely affected by the proposed use
36:25in that location.
36:26And I think this is a safe business.
36:28It's not adversely impacting the welfare
36:30or the health of the community at all.
36:34And I think similarly, when you get to number four,
36:36it says the use will be in harmony
36:38and promote the general purposes intent of Chapter 301.
36:41And Chapter 301 is the basic zoning provision
36:45of the town.
36:46And that certainly encourages the appropriate use of land
36:49and promotes the health, safety, and welfare of the community.
36:51And I think that this type of use at that site,
36:54based on the other uses that are there,
36:57certainly is appropriate.
36:59It doesn't impact, as I say, anybody.
37:01And I would think that the town would be happy
37:04to have the use change.
37:06So I, under the circumstances, would ask that you approve it.
37:10And I would also note that there had been a decision similar
37:13to what we're asking for,
37:15but it was many years ago in 2016,
37:17but it allowed the exact type of use
37:20that we're talking about here, a change of use.
37:25Certainly, if there are any questions,
37:26we'd be happy to answer.
37:28Male Speaker 1 Mr. Condé, you indicated storage.
37:30Will there be any outdoor storage?
37:32Mr. There may be some on what I think I'll lean to
37:36is that are already there.
37:37But basically, they're going to use the inside for storage.
37:40They're going to use it for three things.
37:42They're going to use it for showroom,
37:43for an office, and for storage.
37:45Male Speaker 1 But there won't be much outdoor storage?
37:47Mr. No.
37:48Male Speaker 1 So I was intrigued
37:52with the appointment portion,
37:55at least initially when I look at heating, cooling,
37:57I would expect you'd have contractors coming in,
37:59things like that. Is this really just offering more
38:01as a showroom for the most part?
38:03You have customers coming in?
38:05Mr. That the customers come only by appointment.
38:07In other words, they have to call in,
38:09they set up appointments for them to come in.
38:11Male Speaker 1
38:12Male Speaker 1 Joe, all of the retail,
38:15sales are by appointment?
38:19Male Speaker 1 Yes.
38:22Male Speaker 1 So in other words,
38:23if I was looking for a part?
38:27Male Speaker 2
38:29Female Speaker 1 If you're going to speak,
38:31can you come up to the podium?
38:32Male Speaker 1
38:36Male Speaker 1 So looking at the current layout
38:41it's running above me.
38:41Male Speaker 1
38:41Male Speaker 1
38:41Male Speaker 1
38:42Male Speaker 1
38:42Male Speaker 1
38:42Male Speaker 1
38:42The current layout of the property, it almost looks like there's roads running through it.
38:53All right, boys.
38:55I have a photograph.
39:07We'll get, sir, I'm going to swear you in.
39:09Just tell the truth, the whole truth, and that's about the truth, so I'll help you out.
39:15I do.
39:15Please state your name and your address.
39:18Strasser.
39:19First name?
39:20Frank Strasser.
39:21Okay.
39:231175 West Main Street.
39:24Very good.
39:25Thank you.
39:27Justin, are we able to get the camera on the ceiling to zoom into the picture Annemarie put up?
39:32Thank you.
39:33Yeah.
39:35Okay.
39:35Okay.
39:39So that's the adjacent property.
39:46The Osmonds owned all those plots of land there, so they owned the two, possibly three to the right,
39:51the seafood restaurant, the property to the left, and then the back plot that goes up to the river.
39:57So they utilized that whole property where they would drive through and access the other properties through 1175.
40:07So those roads that come across.
40:09The property, they're right on the edge.
40:11They're not really using them.
40:14It's like split where the road is halfway on the property line, halfway on their property line.
40:21Is that a mobile home on there also, that white line?
40:27Is there a trailer running now?
40:29I'm having a hard time seeing that.
40:30The white line there?
40:31I'm sorry.
40:32The white rectangular.
40:35Take a look at this one.
40:36It's the same thing.
40:39It's the same one.
40:41It's the one that's on the left.
40:42It's the one that's on the right.
40:42It's the one that's on the left.
40:42It's the one that's on the left.
40:43It's the one that's on the left.
40:43So that was a tractor trailer that one used for storage.
40:46That was taken out of there already.
40:48It's gone.
40:49Yes.
40:50Okay.
40:50Thank you.
40:51And on this survey you submitted on the, I guess it's the south border.
40:56There's a, looks like something identified as a lean-to that's right on the, looks like it's right on the border.
41:04Right on the property line.
41:0516 foot by something.
41:10They were storage sheds for firewood.
41:12So they were just, they're like dilapidated fence storage spaces for old.
41:18So they had a fire, wood burning stove in the place.
41:21So I guess, or fire pit outside.
41:24So they stored firewood there.
41:25It was, they called them lean-tos on the survey.
41:29Did you plan to remove them?
41:31We were just going to, we weren't planning to do anything with them.
41:35If we have to, we, you know, we can, we absolutely can.
41:38Okay.
41:41So Mr. Cuddy, are there easements on this property for these roadways and means of ingress and egress?
41:50Not that I'm aware of, no.
41:52I think they just used it because it was convenient.
41:55Right.
41:56Well, the question is, is that the continued plan?
42:01Not on your part.
42:03Not certainly on their part.
42:05Not on our part of it.
42:05If we can tell them to move it over because we don't want it, we really don't want it on our property.
42:10Well, this is going to require site plan process, correct?
42:14Yes.
42:14So I'm sure during that process, that will have to be addressed.
42:21Yes.
42:21And we don't have a problem doing that.
42:26Then just one other question.
42:27Where the, I guess the dining was, where there's the red masonry there.
42:30Is there any use of that?
42:32Or is that just going to more or less just be there?
42:34Wait.
42:34We're in.
42:35Probably going to put grass there.
42:37Green space, whatever they allow us to do.
42:40If we need to put grass there, we'll put grass there.
42:42If they want flowers, we'll put flowers.
42:44We're not planning to use it for anything other than.
42:48Building looks good.
42:48The aesthetics from the front.
42:50The work that you've done on the building, it looks good.
42:52Thank you.
42:54May I ask a question, Mr. Chairman?
42:57Sure.
43:00Is in part the building currently being used.
43:05By a personal health spa?
43:10Am I looking at the right application?
43:12No, it's not.
43:13It's not currently being used as a spot.
43:16It was, but it was.
43:17It had been at one time.
43:18Yes.
43:19Okay.
43:20So do you intend to use the whole building for your operation?
43:25Yes.
43:25Yes.
43:28And is there anybody else going to be renting on the property other than
43:32yourself and ownership of you own the building?
43:35Correct?
43:34Correct.
43:35Correct.
43:35And the property?
43:37No, nobody will be renting.
43:39We'll occupy the whole space.
43:41The whole space and the whole real estate.
43:45Correct.
43:45The whole parcel.
43:46Yes.
43:47Correct.
43:47Okay.
43:48All right.
43:49Thank you.
43:50Yeah.
43:50I think when they initially made the zoning board application,
43:53because they're phasing the construction,
43:55they had only pointed to a portion of the building,
43:58but because the special exception would essentially run with the parcel,
44:01it's important to identify.
44:03Okay.
44:03That they're going to be using it for.
44:05So it'll apply to the whole building and parcel.
44:07And then I did just want to note that we received a letter in support for
44:13the application from the property owner,
44:17ZBA Holdings Incorporated,
44:201159 West Main Street.
44:23And then we received additional letters in support.
44:26I believe there are four of them in here from neighboring property owners
44:30at 1167 West Main Street,
44:331205 West Main Street,
44:341165 West Main Street,
44:39and then 1191 West Main Street.
44:41Was that everything?
44:42Yes.
44:42Okay.
44:42Anybody else wish to be heard?
44:46Anybody waiting on Zoom there?
44:49Heather?
44:49We do have one person on Zoom.
44:52If you want to speak on this matter,
44:54please raise your hand.
45:01Any acknowledgement?
45:02No acknowledgement?
45:03No acknowledgement?
45:05We don't have anything else, do we?
45:08Okay.
45:08Okay.
45:09Who's got it?
45:09Chris Herb.
45:17Oh, Heather, you got to give me the dates.
45:27So can I read it?
45:28Yes.
45:29Okay.
45:29Absolutely.
45:30Heather, what's the February 26?
45:3326 is the next.
45:34Okay.
45:34Okay.
45:35So the motion for the Zoning Board
45:40is to close the hearing,
45:43mark it for reserve decision February 26.
45:46So moved.
45:47Second.
45:49Okay.
45:49Mr. Barnes?
45:50Aye.
45:52Mr. Portia?
45:52Aye.
45:53Mrs. Zawieski?
45:54Aye.
45:54Mr. Zillow?
45:55Aye.
45:55And I vote aye.
45:56So the variance has been granted.
45:58Good luck.
45:59Thank you.
46:00Okay.
46:00You're welcome.
46:02Thank you.
46:02Thank you.
46:03Thank you.
46:03Thank you.
46:04Thank you.
46:04Thank you.
46:06We didn't have any minutes from the last meeting
46:09so they'll go on for the next meeting when we get them.
46:13So the next meeting date is February 26th of 2026?
46:17So moved.
46:17And do we have a motion to adjourn?
46:20So moved.
46:21All in favor?
46:22Aye.
46:23Aye.
46:24Aye.
46:24Aye.
46:25Aye.
46:26Second?
46:27Second?
46:29Second?
46:30Second?
46:31Second?
46:33Second?
46:34Second?
46:34Thank you.

Full Transcript

Thank you. Thank you. Thank you. Heather, I'm going to look around that pile. So you have the order of things today. So why don't we start, please? Okay. So first off, we'll read off the correspondences received. Patrick Fadoon, 52, Main Road, Riverhead, a request to withdraw appeal number 2025-041. That was dated January 28, 2026. Then Judy Lynn Simonsick from Fort Shelley, Deegan, Toronto, 1087 Old Country Road, Riverhead, change of counsel and response to a letter from Kim Judd. That was dated February 3, 2026. Amy Loeb, PBMC Northwell Health, 1087 Old Country Road, Riverhead, additional letter requesting to reopen appeal number 2025-042 and request to speak before the zoning board. That was dated February 4, 2026. And then another letter from Judy Lynn Simonsick, Fort Shelley, Deegan, Toronto, 1087 Old Country Road, Riverhead. And then response to letter from Amy Loeb. And that was dated February 10, 2026. All right. So to address the request made, we have the request to withdraw appeal number 2025-041. That's 52, Main Road, and Riverhead.

Members of the zoning board, do you have a determination? Yes. So, Mr. Chairman, with respect to... Okay. Appeal number 2025-041, Suffolk County Tax Map 600-84-5-13. The conclusion, determination of the zoning board of appeals did consider applicants' request to withdraw the application, appeal number 2025-041, and did consider effort and expenditure of time and cost for site visits, review of history of site, reviewing the criteria of the use variance, review of applicable town code, hearing, and transcript, together with consideration of the use variance, and review of applicable town code, hearing, and of staff time and attendance, and time of interest at residence. Based upon the same, the zoning board grants the applicant request to withdraw with prejudice to reapply for such application for use variance for this site for two years from the date of determination. So moved. Second. Second. Okay. Mr. Barnes. Aye. Mr. Portia. Aye. Mr. Zaweski. Aye. Mr. Godzilla. Aye. And I vote aye. Aye. Heather. Okay. And then the second request to reopen the hearing for appeal number 2025-042, 1087 Old Country Road in Riverhead. Okay. Mr. Chairman, with respect to appeal number 2025-042, STM number 600-108-4-14.5, the zoning board gave careful consideration to all correspondence. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. Second. in the record sent forth in counsel for Peconic Bay Medical Center and President of the Peconic Bay Medical Center Correspondents support a determination that the Zoning Board will reopen the hearing. Note, the opening of the hearing and hearing date shall adhere to all procedural provisions regarding notice, publications, etc. set forth in Town Law 267-A and Town Code shall be met before the rehearing. No moves. Second. Second. Mr. Barnes. Aye. Mr. Porsche. Aye. Mr. Zawiski. Aye. Mr. Gazillo. Aye. And I vote aye. We need to set a date, I guess. Set a date. We could do the next meeting date, which is February 26th of 2026. I move it be moved adjourned until that date. We'll reopen it at that date. Second. 26? Yeah. Yeah. Okay. All in favor? Aye. Aye. Aye. Thank you. So that has been a... Sure.

Good evening, Mr. Chairman, members of the Board. My name is Judy Simonsik. I come with the firm of Ferchelli, Deegan, Tarana, with offices at 333 Earl Ovington Boulevard in Uniondale. I'm here on behalf of... Tony Brook. We are obviously very surprised that the Board has voted unanimously to open up the hearing. We would ask for more time, though, if we're putting this on for February 26th. That does not give us much time. We were just substituted as counsel. I had submitted that letter in the first week in February that we were substituted as counsel for the prior attorney. So we would like more time. Which time? I would... At least until the next meeting. At least a month. I'll read off the next couple hearing dates. I will note that our chairman is not here. So we have March 12th, March 26th, or April 9th. At your pleasure. May I confer with my client for a moment? Sure.

Thank you. Thank you. Thank you. Thank you. March 12th would be acceptable. So moved. Second. Okay. Mr. Barnes. Thank you. Aye. Braschetta. Aye. Zawieski. Aye. Cazillo. Aye. And I vote aye. So you've been moved to March 12th. And counsel for the zoning board, just to confirm, the property will need to be reposted for that date and will handle the legal notice? Correct. Okay. I can supply you with a poster. I'll let you know when it's ready.

Okay. So with those requests out of the way, the reserve decisions, that section is no longer necessary. So we'll move right on to the public hearings. The first hearing is appeal number 2025-032, Bayview at Peconic, LLC, 47 Bayside Avenue, Jamesport, Suffolk County Tax Map number 600-93-1-4, Residence B40 Zoning, Appeal of Chief Building Inspector's Determination, dated July 29th, 2025, which rescinded a letter of preexisting use issued October 13th, 2022, for use as a transient rental. And this was adjourned from December 11th, 2025. Good evening. Good. Yes, we have some of the documents that had already been submitted, but copies for the board. Excuse me. Hold on. Oops. Sorry.

And Pat, if you could just lower the mic a little. Yeah. It's such a high. Giants. Before you begin, first of all, can we have your appearance, please? Oh, I'm sorry. Yes. I was waiting. Patricia Moore. Thank you. State your name and address. Patricia Moore, 51020 Main Road, Southfold. I'm here on behalf of Bayview at Peconic, LLC, which is. 47 Bayside Avenue, Jamesport. Just to cut to the chase, if you're going to. We've already had a hearing on this. If there's anything you want to add, by all means, let us know. But if it could be just redundant. Well, it's not. My goal here is not to go through all of the documents that are in your records. I think you're well, you're capable of reading the record and you don't need me to walk you through it. I do want a moment of your time to let me. Go ahead. Go through my presentation just to recap and create a record. Last time I was here, we kind of got off a little bit. So I want to try. Pardon me? You could do all that in a moment. Probably in two. How's that? Okay. All right. I had. Thank you. I have Mr. Fasaro, who is the and his sons were the members of the Bayview at Peconic, LLC. This is a continuation. Of our hearing seeking confirmation with the law already recognizes that this property's longstanding use as a single family residence with transient rental constitutes a lawful preexisting nonconforming use under 301 to 22 of the Riverhead Town code. This is a request for recognition of the vested property right that has existed for more than 60 years. The use was lawfully established. Uh, we. Have. The record is clear that the Fasaro family purchased the property in 1962 and began using it as a single family home with transient rentals at that time when the town adopted its zoning in 1959. The one family dwelling was a permitted use. Importantly, the town code defined dwelling as a structure occupied as a home, either permanently or transiently. So at the time this use began in 1962, transient. Occupied. The property's. Was expressly included within the definition of a permitted dwelling use. The use was lawfully at lawful at inception. That is the first and most critical element of this case. In 1995, the town amended the definition of dwelling and remove the reference to transiently. The property had been used for transient rentals for 33 years at that point. In 96 chapter 86. Was adopted requiring rental permits and in 2013, as you know, the prohibition, a prohibition was adopted. Um, transient rentals for fewer than 29 days. But under the well is settled New York law when zoning changes render a previous previously lawful use nonconforming that use becomes a vested property right? We've given you cases to that point. The town code itself recognizes this principle in 301. The town code itself recognizes this principle in 301. The town code itself recognizes this principle in 301. The town code itself recognizes this principle in 301. The town code itself recognizes this principle in 301. The town code itself recognizes this principle in 301. The town code itself recognizes this principle in 301. The town code itself recognizes this principle in 301. The town code itself recognizes this principle in 301. The town code itself recognizes this principle in 301. The town code itself recognizes this principle in 301. The town code itself recognizes this principle in 301. The town code itself recognizes this principle in 301. The town code itself recognizes this principle in 301. The town code itself recognizes this principle in 301. The town code itself recognizes this principle in 301. The town code itself recognizes this principle in 301. The town code itself recognizes this principle in 301. The town code itself recognizes this principle in 301. The town code itself recognizes this principle in 301. The town code itself recognizes this principle in 301. from renters, tax records, business records, and photographs, all demonstrate continuous transient rental use dating back to 1962. The evidence here is not speculative. It is voluminous and documented. Section 301.222 prohibits expansion and enlargement of the nonconforming use. There has been no enlargement, no intensification, no physical expansion of the dwelling. The structure remains substantially identical in scope and intensity to its historic use. This is the same five-bedroom, one-bath home with detached garage which has existed for decades. We are not seeking to increase occupancy, we are not seeking to add units, and we are not seeking to alter the footprint. Only continuation of what has always existed. In August 22, the town building inspector issued the letter of pre-existence. The building was

owned by the man running the property owned by me. Unlike me, she owned me from the kids she owned me from me from me from me from me from me from me from me from me from me from me from me from me from me from me from me from me from me from me from me from me from me from me from me from me from me from me from he did not need to do anything further and there was no rental permit requirement three years later without any hearing appeal or administrative review the letter of pre-existing use was rescinded we're here because of rescission of the letter of pre-existing use was arbitrary and without process but even putting aside the board's authority is independent the evidence before before you establishes a non-conforming use by operation law again the rental permit process does not invalidate a pre-existing use as a suggestion I made to my client was that this board in granting our approval and we would accept a condition that the applicant would get a rental permit they have never objected to getting a rental permit they would have cooperated with the board and they would have accepted the application and they would have cooperated and gotten a rental permit but the rental permit process specifically prohibits and the affidavit and the statement you make when you get one says and you are not renting short-term rental putting yourself in that position would have put them in a fraudulent position had they applied for a rental permit had they been instructed to do so however if the board grants our approval and conditions obtaining a rental permit you would have to apply for a rental permit and you would have to get a rental permit then we could attach on any rental permit application this board's decision and say here this is somewhat of a nuance or a caveat to the rental permit process I think that that in and of itself protects the community protects the intention of the rental permit process to protect the public from terrible situations of people that don't maintain their property and create hazards to the community in our case the faceros have been diligent in 22 they got a full inspection they got a pre-co inspection electrical inspection and to the extent that all of the the agencies reviewed the condition of the property in 22 and even to today the property is well maintained with proper smoke detectors proper monoxide inspectors they are a good owner of the property they are really not what the rental law was intended to apply to I would also point out that in 2022 it's my belief that they did not believe he needed a rental permit is that the rental permit process excludes B&B's and motels hotels and such so when the board when the building department believed that he had a pre-existing short-term rental it made sense that he wouldn't need to go get a rental permit because he was treated being treated more as a commercial I want I don't want to say hotel motel but in that at or a B&B it was kind of a hybrid so without a clear indication one way or another they told him you didn't need anything further the code the rental law just doesn't provide for hybrids I think there's always a chance or not always an ability to customize something based on the circumstances so in conclusion for more than 60 years this property has operated in the same manner the town changed the law the owners did not change their use the Constitution protects festive property rights New York law protects pre-existing non-conforming uses and the riverhead town code codifies those protections for those reasons we respectfully request that the board issue a determination confirming that 47 Bayside Avenue is entitled to continue to continue to use as a lawful pre-existing non-conforming single-family dwelling with transient rental use under 301 222 thank you there's more I presume that this last thing that you entered tonight it the thing with the years and all is that the days that it was rented so there you have some that's a yes or no question is that no I don't know what your concept of a moment in law disagree well forgive me thank you that's yes this document is a quick rundown of all of the thank you renters thank you thank you but I'm gonna show your patients ask you a question yes I was looking through that and most of the stays are in here are less than 30 days yes and you mentioned before hotels in bed-and-breakfast do your clients file Suffolk County hotel tax yes they do do you have evidence of that I think we provide it already yes it's in your pocket yes all right thank you that's great thank you well you have to adjourn this reserve decision I presume well Your Honor sorry that's your old title we would request just a one-month adjournment to give us an opportunity to review and see if there's anything else that my clients wanted you she'll So the original hearing date was when, Heather? I have to look. It was a long time ago. But this was the second adjournment. This is only the second. Yeah, but so from the original hearing, the zoning board did grant two long adjournments. The zoning board has accepted every submission that you've wanted to make. You, obviously, the issue with respect to the determination that brought you here, that was back in October. Yes, we filed within 30 days. 30 days of that determination. Right. How much time do you suggest? This has been going on for a long time. Yeah, no, I understand. As applicant, you have had an extended period of time to present or gather any information that you wanted the zoning board to consider. I mean, so, Heather, what was the original date? Can you give me the history? I can attest to the record being voluminous. Like a better word, it's robust. Robust. Well, it's proof. So I... What else can you add? What else are you going to add that we already don't have? How about two weeks? It's a continuation. Two weeks? Two weeks? Two weeks. Is it acceptable? 27. 27. So moved. That's fine. 26. 26 is your next meeting? Yes, February 26. That's fine. That's fine. Thank you. I second. Okay. And it was... I think it was October 23rd was the original. There was a motion and a second? Okay. Mr. Barnes. I think I sold more than it was seconded. It was seconded. Aye. Mr. Zaleski. Aye. And I vote aye. So you've been moved to February 26th. Thank you very much. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. I'll assume, if it's all right, if we have nothing further, we'll just send a note or a letter saying, yes, please close the hearing, and then you can act, if that's acceptable to the board. Thank you. We don't want to have to appear and take your time. Thank you.

Okay. Moving right along. Appeal number 2025-044. Robert Crinion. 9 Holly Tree Lane, Jamesport. Suffolk County Tax Map number 600-69-3-12. Residence A40 zoning. Proposed in-ground pool. Applicant request variances and or relief from Town Code Chapter 301-15A1A, where accessory structures are not permitted in the front yard. Chapter 301-15A1B, where proposed accessory side yard setback from a side street in the front yard. The street is 10 feet, where minimum required is 50 feet. And Chapter 301-11, where proposed impervious surface coverage is 33%, where maximum allowed is 15%. Your attorney? Me? No. Okay. Raise your right hand. I do solemnly swear to tell the truth, to hold truth, and nothing but the truth. I do. I help you, God. State your name and address. Robert Crinion. How do you spell it? C-R-I-N-N-I-O-N. In this weather, you hear about a pool? Excuse me? In this weather, you hear about a pool? You hear about a pool, right? Yeah. All right. From my wife. And I can confirm we received the receipt of certified mailings and the affidavit of posting. Right ahead. Excuse me? Go ahead. Present your case. Yeah, we're looking to put a built-in pool and a patio around it. I have a corner plot, so the biggest area to put it in is on the James Ford, the High Tree Lane and Potomac Bay Boulevard side. It's a big open area there. We have right now a wood deck that we're going to take down, put a patio in, put a pool in, and yeah, that's it. What kind of fencing are you going to have around it? Steel fencing, yeah. Yeah. How are you going to address the front of it with the hedges and all that out there? I'm going to. I'm going to landscape it really good. I want it closed in nice and nice. You're going to landscape it, right? Oh, my landscaper is, yeah. Yes. So, would you have any objection with a recommendation that that landscape plan be approved by planning department planning staff? Sure. Sure. Sure.

! Mr. Krinian, is the lot to the west? It's been abandoned. We've been there for five years. I retired a Riverhead cop, what is his name, Tom? Lessard. Lessard. Lessard. Yes. He's been trying to contact the people for. Okay. So, that little lot in between there is, it's a narrow lot, right? It's a narrow lot, but it goes the whole way. Way back. Yeah. Yeah. Yeah. Way back. That's their property. Okay. Yeah, they actually, there's a camper on it, there's an old boat, and like a kid's plastic toy. That's, you know. And would you plan on the hedge that's there, is that on your property? What's that? The hedge that's on Peconic Bay Boulevard. That's actually, that's right where the property is. So, is that your hedge, or is that? I believe that's a property. So, I think I've seen people prior to me put it up, but I think it's your property. So, would you end up, so if it got knocked down, you basically have a pool that's around Peconic Bay Boulevard and everyone's looking at it. Yeah, but we've got to keep those hedges. The height of the pool is going to be about two foot higher, so it's going to sort of come up, and along that side, we're going to put an extra set of hedges. Okay. Okay. And then along that. abandoned lot side because we don't really like to see it we're going to put hedges on that side to uh minimize the site of uh seeing the abandoned lot okay and what kind of fence are you putting around the pool is it gonna be a solid fence or is it gonna be one of those uh metal fences with the top rail and metal and then uh you know like every uh four inches i think there are four inches is this code go with another uh uh you know i guess they call it post a new pole you know or it's not seat room well you'll be able to see it yes it will be but okay it will because we have such a beautiful view yep i'd like to sit in the pool and still see you know my wife likes to look at when the sun sets we actually get a great coming right across the island we get it the other side of the water gets a great view you know arches and carpels and everything so you're gonna you're gonna screen it from those sides no that that don't make sense just he was talking about the four just having learned the lesson the hard time it's four in between but at the bottom it's two between that's on your fencing okay it's two inches on the bottom and it can't and it can't be climbable right okay so i i i think that the pool guys go but he it's off the redwoods it was a big pool they've done plenty of them yeah so he's gonna know what you know heather did we see receive any correspondence on this application um no we didn't did you receive any like letters from the neighbors or anything no okay is anybody online um uh we have people online there's no one with their hand raised um if anyone wants to speak on this appeal please raise your hand

okay

mr chairman with respect to appeal number two zero two five dash zero four four i moved at the appeal of susan and robert crinian nine holy tree lane james port stm number six hundred dash six nine dash three dash twelve residence a forty r a forty zoning for variances and or relief from town code chapter 301-15a 1a where accessory structures are not permitted in the front yard chapter 301-15a 1b where proposed accessory side yard setback from a side street is 10 feet where minimum required is 50 feet and chapter 301-11 where proposed impervious surface coverage is 33 feet and the proposed impervious surface coverage is 33 feet and the proposed impervious surface coverage is 33 feet and the maximum allowed is 15 percent be granted subject to plant to planting plan approved by the planning department in accordance with the applications and sketches with amendments thereto if any as filed with the building inspector second okay mr barnes aye mr porsche aye this is a wesky aye it's gazilla and i vote aye so has been granted so i like to get the uh the planting plan done yeah or even if you had a list of species and you know um size that you're going to plant you can submit it to me and i'll i'll take a look at it okay natives are preferred um i know that deer are an issue all over riverhead um so if you need suggestions i can suggest some deer tolerant species if you need them so i you and that i get the permit um so you'll get a written determination um which you can bring to the building department um and then you know it'll be an approval you know whatever your plan is or the list of plants planning will okay it and then you can proceed with building great all right thank you welcome that's expensive okay uh last appeal of the night appeal number 2026-001 1175 west main llc 1175 west main street riverhead suffolk county tax map number 600-125-2-25.2 riverfront corridor zoning for a special exception pursuant to town code chapter 301-222b the zoning board of appeals may approve a special exception to allow the change from one non-conforming use to another applicant requests conversion of western portion of building from pre-existing non-conforming spa restaurant to showroom storage and offices for heating and air conditioning business not a permitted use within the riverfront corridor zoning use district district good evening well i was cutting for the applicant i have an office at 445 griffin avenue riverhead with me tonight are two principals of the company chris geiger frank stressor and also the architect so they're all here to hopefully get this approved but basically what they have is they have a change of zone situation because when i say change of zone change of non-conforming use um there was a change in the running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running running showroom, they would have an office in it, they would have a storeroom in it. They run a similar type business in the West Hampton area and they want to not leave that business but they want to come here and expand their business. This is certainly a less intense use than was there. It doesn't use the nighttime area for the restaurant, it closes at that time. It doesn't really impact the neighbors the way the other restaurant would. I think it is very much less of a non-conformity. The reason it's non-conforming is because it's Riverfront corridor and I'd like to hand up, if I may, a pictorial representation of that area. I think there's seven of them there.

Thank you. That's designed just to show that there are a number of different uses there, similar type business uses. That whole area which is sort of a blue-purple color is the Riverfront corridor. The one across the street is the iconic River corridor, community corridor. This is also across from the pet site which is the pet hospital. So all of the things around them are basically business. There are a few dwellings. There are dwellings next to them. The people in those dwellings have been contacted and they have consented to what they want to do, which I say is much less than the restaurant that was here. I know that under the code any special exception is the hospital. But there's a lot of work to be done. So, the building must go through a whole process which is required by chapter 105-8. And that says that there are four determination factors. There are 13 conditions. I don't think you want me to read all of them too. I'll go through some of them. But I have many of them in writing so you can take a look at them. So just to review this, there are four principal determinations that the board must make. Those are the first four on the first page, that the use will not prevent the orderly and reasonable use of adjacent properties or properties in the surrounding area or impair the value thereof. I think that this use and the sale and the installation and repair of heating and air conditioning equipment is much less intense than the fish market restaurant operation and will have much less impact on the neighbors. Number two is that the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or permitted or legally established uses in the adjacent districts. What I said was that use will not have any negative impact on the neighbors as the customers come by appointment, by the way, at this site. They don't just come in. They come only after they're calling and set up an appointment. So the hours are pretty limited as to the number of people that are going to be there. So the effect on the residences would really be negligible. The third item is the safety, health, and welfare, the comfort and convenience of the order of the town will not be adversely affected by the proposed use in that location. And I think this is a safe business. It's not adversely impacting the welfare or the health of the community at all. And I think similarly, when you get to number four, it says the use will be in harmony and promote the general purposes intent of Chapter 301. And Chapter 301 is the basic zoning provision of the town. And that certainly encourages the appropriate use of land and promotes the health, safety, and welfare of the community. And I think that this type of use at that site, based on the other uses that are there, certainly is appropriate. It doesn't impact, as I say, anybody. And I would think that the town would be happy to have the use change. So I, under the circumstances, would ask that you approve it. And I would also note that there had been a decision similar to what we're asking for, but it was many years ago in 2016, but it allowed the exact type of use that we're talking about here, a change of use.

Certainly, if there are any questions, we'd be happy to answer. Male Speaker 1 Mr. Condé, you indicated storage. Will there be any outdoor storage? Mr. There may be some on what I think I'll lean to is that are already there. But basically, they're going to use the inside for storage. They're going to use it for three things. They're going to use it for showroom, for an office, and for storage. Male Speaker 1 But there won't be much outdoor storage? Mr. No. Male Speaker 1 So I was intrigued with the appointment portion, at least initially when I look at heating, cooling, I would expect you'd have contractors coming in, things like that. Is this really just offering more as a showroom for the most part? You have customers coming in? Mr. That the customers come only by appointment. In other words, they have to call in, they set up appointments for them to come in. Male Speaker 1 Male Speaker 1 Joe, all of the retail, sales are by appointment? Male Speaker 1 Yes. Male Speaker 1 So in other words, if I was looking for a part? Male Speaker 2 Female Speaker 1 If you're going to speak, can you come up to the podium? Male Speaker 1 Male Speaker 1 So looking at the current layout it's running above me. Male Speaker 1 Male Speaker 1 Male Speaker 1 Male Speaker 1 Male Speaker 1 Male Speaker 1 The current layout of the property, it almost looks like there's roads running through it. All right, boys. I have a photograph.

We'll get, sir, I'm going to swear you in. Just tell the truth, the whole truth, and that's about the truth, so I'll help you out. I do. Please state your name and your address. Strasser. First name? Frank Strasser. Okay. 1175 West Main Street. Very good. Thank you. Justin, are we able to get the camera on the ceiling to zoom into the picture Annemarie put up? Thank you. Yeah. Okay. Okay.

So that's the adjacent property. The Osmonds owned all those plots of land there, so they owned the two, possibly three to the right, the seafood restaurant, the property to the left, and then the back plot that goes up to the river. So they utilized that whole property where they would drive through and access the other properties through 1175. So those roads that come across. The property, they're right on the edge. They're not really using them. It's like split where the road is halfway on the property line, halfway on their property line. Is that a mobile home on there also, that white line? Is there a trailer running now? I'm having a hard time seeing that. The white line there? I'm sorry. The white rectangular. Take a look at this one. It's the same thing. It's the same one. It's the one that's on the left. It's the one that's on the right. It's the one that's on the left. It's the one that's on the left. It's the one that's on the left. So that was a tractor trailer that one used for storage. That was taken out of there already. It's gone. Yes. Okay. Thank you. And on this survey you submitted on the, I guess it's the south border. There's a, looks like something identified as a lean-to that's right on the, looks like it's right on the border. Right on the property line. 16 foot by something. They were storage sheds for firewood. So they were just, they're like dilapidated fence storage spaces for old. So they had a fire, wood burning stove in the place. So I guess, or fire pit outside. So they stored firewood there. It was, they called them lean-tos on the survey. Did you plan to remove them? We were just going to, we weren't planning to do anything with them. If we have to, we, you know, we can, we absolutely can. Okay. So Mr. Cuddy, are there easements on this property for these roadways and means of ingress and egress? Not that I'm aware of, no. I think they just used it because it was convenient. Right. Well, the question is, is that the continued plan? Not on your part. Not certainly on their part. Not on our part of it. If we can tell them to move it over because we don't want it, we really don't want it on our property. Well, this is going to require site plan process, correct? Yes. So I'm sure during that process, that will have to be addressed. Yes. And we don't have a problem doing that. Then just one other question. Where the, I guess the dining was, where there's the red masonry there. Is there any use of that? Or is that just going to more or less just be there? Wait. We're in. Probably going to put grass there. Green space, whatever they allow us to do. If we need to put grass there, we'll put grass there. If they want flowers, we'll put flowers. We're not planning to use it for anything other than. Building looks good. The aesthetics from the front. The work that you've done on the building, it looks good. Thank you. May I ask a question, Mr. Chairman? Sure. Is in part the building currently being used. By a personal health spa? Am I looking at the right application? No, it's not. It's not currently being used as a spot. It was, but it was. It had been at one time. Yes. Okay. So do you intend to use the whole building for your operation? Yes. Yes. And is there anybody else going to be renting on the property other than yourself and ownership of you own the building? Correct? Correct. Correct. And the property? No, nobody will be renting. We'll occupy the whole space. The whole space and the whole real estate. Correct. The whole parcel. Yes. Correct. Okay. All right. Thank you. Yeah. I think when they initially made the zoning board application, because they're phasing the construction, they had only pointed to a portion of the building, but because the special exception would essentially run with the parcel, it's important to identify. Okay. That they're going to be using it for. So it'll apply to the whole building and parcel. And then I did just want to note that we received a letter in support for the application from the property owner, ZBA Holdings Incorporated, 1159 West Main Street. And then we received additional letters in support. I believe there are four of them in here from neighboring property owners at 1167 West Main Street, 1205 West Main Street, 1165 West Main Street, and then 1191 West Main Street. Was that everything? Yes. Okay. Anybody else wish to be heard? Anybody waiting on Zoom there? Heather? We do have one person on Zoom. If you want to speak on this matter, please raise your hand.

No. Any acknowledgement? No acknowledgement? Hm? No acknowledgement? No. We don't have anything else, do we? No. Okay. Okay. Who's got it? Chris Herb.

Oh, Heather, you got to give me the dates.

So can I read it? Yes. Okay. Absolutely. Heather, what's the February 26? 26 is the next. Okay. Okay. So the motion for the Zoning Board is to close the hearing, mark it for reserve decision February 26. So moved. Second. Okay. Mr. Barnes? Aye. Mr. Portia? Aye. Mrs. Zawieski? Aye. Mr. Zillow? Aye. And I vote aye. So the variance has been granted. Good luck. Thank you. Okay. You're welcome. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. We didn't have any minutes from the last meeting so they'll go on for the next meeting when we get them. So the next meeting date is February 26th of 2026? So moved. And do we have a motion to adjourn? So moved. All in favor? Aye. Aye. Aye. Aye. Aye. Second? Second? Second? Second? Second? Second? Second? Thank you.