Full Transcript

Thank you. Good evening, ladies and gentlemen. Welcome to the June 11, 2026 meeting of the Zoning Board of Appeals. Unfortunately, the chairman is under the weather he was tonight. please rise join me in these in the police religion i pledge allegiance to the flag of the united states of america and to the republic for which it stands one nation under god indivisible liberty and justice for all thank you be seated please

number one on hit parade First on the agenda is a request for an extension, appeal number 2022-039, HK Ventures, 4285 Middle Country Road in Calverton. They are requesting their third and final one-year extension, thus expiring June 8th of 2027. Everybody make a motion. So moved. Second. Aye. Mr. Barnes? Aye. Mr. Zawiski? Aye. And Ms. Kershaw? Aye. And I vote aye. Thank you. Any selected date? So the determination would expire on June 8th of 2027. It's the third and final extension. Thank you. Okay. And then first up tonight, we have appeal number 2025-028, 505 Lincoln Street Opportunity Zone Fund, LLC. This was adjourned from January 22nd of 2026. The board granted a lengthy adjournment. We received correspondence from Kim Judd dated June 10th, 2026. She had already spoken with Charles Cuddy, who is an attorney for the neighboring property owner. and they both agreed to another lengthy adjournment to try and work out parking agreement between the two properties. Are they requested October? So we have two meetings in October it would be the first sorry the second and fourth Thursdays of that month so it either be October 8th or or October 22nd. Everybody want to make a motion? So moved. Which date? 22nd. Okay. Second. All right. Once again, Mr. Barnes. Aye. Mrs. Whiskey. Aye. Ms. Portia. Aye. And I vote aye. So October 22nd. Thank you. Next, appeal number 2026-007, Jessica Acevedo, 189 Trout Brook Lane in Aquabog. was adjourned from the may 14 2026 meeting i did reach out to the property owner to see what she was going to decide to do whether or not she wanted to proceed with the application or if she would redesign to no longer require a variance and or a permit she agreed to do a two by one um like nameplate sign affixed to the house so she is withdrawing she sent me sort of an example of what she was looking to do which is actually what the zoning board had suggested at the original public hearing so that is which one all in favor next appeal number 2026-011 brian mcginnis 888 sound shore road in james port suffolk county tax up number 600-8-1-14 residents 840 zoning for a proposed rear deck applicant request transferences and or relief from Town Code Chapter 219-14A2, where proposed deck is not specifically allowed development under 219-14 subsection B. All development in bluff areas is prohibited unless specifically allowed by 219-14 subsection B. This was heard on May 14th and adjourned to this date. In the interim, we did receive a proposed revegetation plan for the property based on discussions that the zoning board had with the applicant prepared by Doug Adams of Young Associates. That's the remedy the violation of clearing without the correct based on the aerial images that Doug looked at he restored the area that was disturbed near the top of the slope and bluff to what was originally there before the clearing occurred all with appropriate plantings for a bluff area was there another issue about proof of other similar properties is that correct we were going to look at um similar situations where somebody had just gone for an extension or an enlargement of just a deck um we started looking at some applications by the way for the wreck uh you want to raise your right hand this way i told you i I told you nothing but truth, so I'll be good. I do. Would you hand down, please, and allow a clear voice. Please state your name and your address. Robert Stromsky. Here to represent the property owner and applicant, Mr. Brian McGinnis. I live in 44 Circle Drive, Shadesport, New York. I'm sorry, Mr. Stromsky. I interrupted you talking about those other properties. Sure. So what we had brought up a situation where I made reference that there were similar types of developments within the area. Looking at it, I had actually even engaged local council to possibly look at some properties. The one thing that we didn't find was in situations where there was just a deck and not the enlargement of the house as well. We found similar areas where there's a lot larger decks, but it's a larger house, so I didn't want to do an exhaustive search on those type of properties since it really wasn't exactly relevant to what we were doing as just a deck extension. so what we had done in the meantime is we kind of looked at the situation I discussed some options with mr. McGinnis and one of the things that was brought up at the last meeting was the possibility of using some sort of a cantilever to bring back the disturbance further away from the bluff so one of the things we had done is structurally looked at the framing we looked at the the possibility of using a pressure treated engineered lumber for the joist spans. So what we feel that we could do is we could make the column line, instead of having it out where we had proposed with the 16-foot deck, which would have been 15 feet, is to bring it back to a 12-foot standpoint from the house. At that point, we would only need three piers to support the girder. they would be hand dug no larger than 20 inches in diameter we even discussed the possibility of being on site with mr. McGinnis just to make sure that no heavy equipment or anything would be used it would all be done hand dug just to be very sensitive to the bluff area and then we looked at the engineered products and the maximum span that we can do beyond that comfortably that I would sign off as the architect would be three foot so one of the things we're proposing that we reduce from the original 16 to a 15 foot size of the deck but that the column is going to come back to 12 foot one of the things also that I didn't really mention before is that we did receive correspondence from the dec when we did apply for a letter of non-jurisdiction it appears and i believe this may have been submitted with the original application um but what we had what we were told from the dec was that a letter of non-jurisdiction was issued on this property back in 2022 where the applicant at that point was requesting a similar sized deck it was an eight foot eight foot deep deck to width of the house but then a drop down of another eight foot so they were going with a similar situation to 16 feet they had gotten a letter of non-jurisdiction from the dec attack point with no concerns about what they were looking to do they also in turn were doing the stair beyond the footprint so they would have been closer to the bluff at that time what we're doing is our stairs within that footprint so we're not going beyond what we're proposing is that 15 foot with the stair, we're staying within that footprint. Another thing was also that we sent them our plan, and they just stated that once a DEC issues a letter of non-jurisdiction, it doesn't expire, so as long as the site conditions didn't change and that what we're proposing is of very much different significance to what was originally granted a letter of non-jurisdiction. So one of the things we feel is that we've explained our project to the DEC. We feel that they didn't have any concerns. We feel that if we try to move the columns back, that we would be sensitive more to the disturbance via the bluff. And we feel very confident that we could do that with hand tools and make it very minimal disturbance. once that material is dug, sonotubes would be put in, the concrete would be poured that day, and that grade would be graded around the deck, and then we could then seed that and create an issue where there wouldn't be any erosion concerns. Even for the event, we are proposing silt and hay bale fence along the edge of the bluff, again, just to try to be as sensitive as we can. Okay. We felt that that would have been at least trying to be sensitive to some of the concerns that were raised up at the last meeting. And we also felt that looking back at the D.C. and really looking at what was originally applied to the D.C. was very similar to what we were doing. Anybody? Any counsel? Can you – will you supply a new plant to us? actually had created one if the board was was amenable to that idea I did do the diligence of drawing a new site plan with a 15-foot deck can we just go look at it real quick I brought three copies that would be enough I also have four three other copies. We're going to look at it as well. Thank you. I'll pass it.

Thank you.

Rob, on the building permit application it says that the original deck was or the deck was proposed 20 by 22? Yeah, so we're reducing it much more to 15. Okay. So it's essentially 12 with the three-foot cantilever. Yes. Perfect. Any members of the board have any inquiries, any questions? No. Anybody in the audience? Nobody on Zoom? No one on Zoom. Can we make a motion? This will be part of the record, obviously. Do you want to make a motion that we accept Mr. Stromsky's updated survey and plan that's provided. I second. All right. Once again, Mr. Barnes. Aye. Mrs. Lusky. Aye. I apologize for interrupting. Can we include the requirement for the implementation of the landscape plan? Do you want to just write that up? Second motion. I can't you up was before the board and I was just to make this a part of the record Okay, I go right now as to as to the application itself. You want to write it up

Yeah, okay to keep all the copies that I just put in so if you need any additional

I think that's what we were looking for. Thank you. We appreciate your effort and trying. I appreciate you working with us. Thank you.

I think we have a delusion. Yeah. You want to change it anyway? I gave it to John. Yeah. Okay. All right. Mr. Vice Chairman and the rest of the board, with respect to appeal number 2026-011, I move that the appeal of Brian McGinnis, 888 Soundshore Road, Jamesport, STM number 600-8-1-14, Residence A40, RA40 zoning, variances and or relief from the Town Code Chapter 219-14A2, where proposed deck is not specifically allowed development under Section 219-14, Subsection B, all development in bluff areas is prohibited unless specifically allowed by section 219-14, subsection B, be granted with a 12-foot deck with a 3-foot cantilever subject to compliance with the restoration and vegetation plan in accordance with the applications and sketches with amendments thereto, if any, as filed with the building inspector. Can I get a second? Second. All right. Mr. Barnes? Aye. Mr. Beliski? Aye. Mr. Porsche? Aye. And I vote aye. Can I hear yourself? Thank you very much. Appreciate it. Thank you.

The board is ready for the last appeal. appeal number 2026-012 Joy Ordeone, 735 Manor Lane, Jamesport, Suffolk County tax number 600-22-1-1.2 agricultural protection zoning to legalize a pergola and two sheds applicant request variances and a relief from town code chapter 301-37A1A where two sheds, one directly on property line and pergola in front yard where accessory structures are not permitted in the front yard. I will note for the record that after the legal notice was published and the agenda was posted, packets were circulated to the board members. The applicant representative sent an email last week saying that there were actually three sheds. I wasn't aware that the building department updated the denial letter to reflect three sheds until earlier this week. so I'm not if the council wants to speak on that we can sort of address that and some other issues on the property so we're going to tell the truth the whole truth I'd better show us how it'll be done before we proceed can I just have the affidavit thank you loud and clear voice would you please state your name Brooke Epperson with A&P Architecture the agent for the homeowner you understand you may have to repost you want to are you like do you understand you may have to repost on this do you want to go forward with this time until we because what we anticipate is if you repost what could happen is someone could show up you have to respond to them okay it's the zoning board of appeals recommendation that this matter be adjourned for several reasons one it's going to have to be reposted to the survey is going to have to be corrected there are encroachments located within the agricultural easement that should be identified one and addressed in addition the survey fails to identify all the areas that truly exist regarding impervious surface that should be addressed the survey should identify the impervious surface coverage in addition There are some inconsistencies between the application and the short EAF, and there are several locations of the application that are incomplete. I'll give you a for instance. Relief had been previously granted by this board for the pool. So there are a lot of blanks or inconsistencies between the EIF and the application that the zoning board would like to provide you the opportunity to correct, resubmit, especially as much as you're going to have to republish and post. Okay. Do you know that, ma'am? Yes, I do. Okay. Just to be clear, so they have the survey, but then they have the site plan, and that's where they have all of their calculations. You want them to update the site plan to reflect all conditions on site, including the third shed and pervious surface and the encroachments in the ag easement? Yep, but it's got to identify the encroachments within the agricultural buffer. in the agricultural easement okay so we don't need the survey updated just our site plan okay yeah cuz that's what I think the building department did their denial letter off of and you know that the site plan is stamped so it's a viable document for the zoning board to review in terms of relief ma'am how long anticipate the dual then? I'd say if we can postpone a month would that be okay? Okay. It's a date approximately what? July 9th. So as long as I have everything in like everything updated a new denial letter by July sorry June 24th I can run the legal notices on july 2nd and that'll get you to the july 9th meeting um and if the poster is still in good shape you can just update the date on that just rewrite over it okay all right so we'll make a motion to join it to july 9th i'm going to adjourn it to july 11th second aye aye aye aye I vote aye. Aye. Thank you. It's July 9 or July 11? July 9. Today is June 11. Yeah. But the first meeting in July is July 9. Aye. I ask for the meeting minutes for the board on April 23rd this year as well as May 14th. May I make a motion to be approved? So moved. Second. Aye. Thank you. Mr. Chairman, before we close, one other matter. I received correspondence for council representing Breezy Hill, essentially seeking to supplement the prior submission. Let me just finish this first. All right, as to the minutes, Mr. Barnes? Aye. Mr. Zloyski? Aye. Mr. Portia? Aye. And I vote aye. And I'm sorry, you're right. I apologize. So I received correspondence, Council for Breezy Hill. He's requesting that the zoning board consider that late submission. It didn't make it on for this agenda. If you'll recall, the planning board still has not completed SECRA necessary for the zoning board to make a determination. So I don't think it...

All right, someone want to make a motion that we consider that? Anybody? I make a motion that we consider the late submission. Second. All right. Mr. Barnes? Aye. Mr. Portia? Aye. Mrs. Whiskey? Aye. And I vote aye. Thank you. Do you want me to add that to the next agenda? Yes, just add it that we had conducted it tonight. correspondence is June 5th 2020 sorry June 25th 2026

Thank you.