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HomeMy WebLinkAboutZBA-07/02/2026 Hearing TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK: STATE OF NEW YORK --------------------------------------------------------------------------------------- TOWN OF SOUTHOLD ZONING BOARD OF APPEALS --------------------------------------------------------------------------------------- Southold Town Hall &Zoom Webinar Video Conferencing Southold, New York July 2, 2026 10:03 A.M. Board Members: LESLIE KANES WEISMAN—Chairperson (Zoom) PATRICIA ACAMPORA—Member (Absent) ROBERT LEHNERT— Member NICHOLAS PLANAMENTO— Member MARGARET STEINBUGLER—Member (Vice Chair) KIM FUENTES—Board Assistant JULIE MCGIVNEY—Assistant Town Attorney ELIZABETH SAKARELLOS—Senior Office Assistant DONNA WESTERMANN —Office Assistant July 2, 2026 Regular Meeting INDEX OF HEARINGS Hearing Page DECISION FOR 615 PIKE ST., LLC#8035SE 3-4 DECISION FOR BLUE MARLIN REALTY, LLC#8105 4 1875 Jackson LLC#8110 5 Elizabeth Swift#8111 5 - 16 NoFo NDS. LLC/Vito Tanzi Member#8112SE 17 - 20 Shelby Cox and Kathryne Carlsen/Carlsen Living Trust#8113 20- 21 Susan Dunning#8114 22 - 27 Alfred Von Hassel #8116 27 - 29 Stella Mallas#8120 30-33 Johannes DeBruijn #8130 33 -45 July 2, 2026 Regular Meeting VICE CHAIR STEINBUGLER : Welcome everyone to the July 2"d Public Hearings of the Zoning Board of Appeals. I would ask that we all rise and say the Pledge of Allegiance. The first item on our Agenda is to State Environmental Quality Reviews. I make the following Resolution declaring applications that are setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests as Type II Actions and not subject to environmental review pursuant to State Environmental Quality Review (SEAR) 6 NYCRR, Part 617.5 c including the following: 1875 Jackson LLC#8110, Elizabeth Swift #8111, NOFO NDS LLC/Vito Tanzi Member#8112SE, Shelby Cox and Kathryn Carlsen/Carlsen Living Trust #8113, Susan Dunning #8114, Alfred Won-Hassel #8116, Stella Mallas#8120 and Johannes DeBruijn #8130 so moved. Do I have a second? MEMBER LEHNERT : Second VICE CHAIR STEINBUGLER : All in favor? MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye VICE CHAIR STEINBUGLER : Aye CHAIRPERSON WEISMAN : Aye. Thank you for motion passes. We have two draft decisions to deliberate on and decide on. The first is 615 Pike St. LLC in Mattituck. This is an application for a Special Exception which is required for one of the uses of this project. The project involves a commercial building that will house one retail shop and potentially two take out shops and the take-out use requires a special exception from the Zoning Board of Appeals owing to its increased intensity of use relative to retail. This original application had four retail establishments,two retail, two take-out. It was reduced to three,the parking was increased per input from the Planning Board.This Board applied the seven general standards governing special exceptions set forth in the code, 280-142 and we also looked at the additional considerations which number seventeen and we determined that these are satisfied generally with some concerns about traffic. I make a motion to grant this special exception as applied for subject to several conditions. The one that is most specific to this application is that there will not be parking on Pike St. in front of the establishment, the use of the public road for loading, staging or standing will be prohibited, there is a loading dock in the rear to accommodate that. It is expected that the Planning Board will prohibit parking ordinary parking in front of the building. With that motion, do I have a second? MEMBER PLANAMENTO : Second July 2, 2026 Regular Meeting VICE CHAIR STEINBUGLER : All in favor? MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye VICE CHAIR STEINBUGLER : Aye CHAIRPERSON WEISMAN : Aye VICE CHAIR STEINBUGLER :The second application to deliberate and decide upon is Blue Marlin Realty, LLC#8105 located at 450 Blue Marlin Dr. in Greenport, New York. This is an application to demolish an existing residence and build a new dwelling on Blue Marlin Dr. The original application requested a side yard setback, a combined side yard setback relief as well as gross floor area exceeding the maximum allowed by approximately four hundred feet. At the public hearing the applicant was asked since this was new construction and unconstrained by the existing house since it was being demolished the applicant was requested to reduce the number of variances requesting, reduce the nonconformities. In a subsequent submission the project eliminated the need for any side yard or combined side yard variances and reduce the gross floor area a variance from approximately 399 sq. ft. to 198 which was about a fifty percent reduction. In light of the redesign and applying the standards of town law we find that this is a reasonable application. I make a motion to grant the relief as amended subject to several conditions including the septic system being approved by the Suffolk County Department of Health and the project being approved by the Southold Board of Trustees. Do I have a second? MEMBER LEHNERT : Second VICE CHAIR STENBUGLER : All in favor? MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye VICE CHAIR STEINBUGLER : Aye July 2, 2026 Regular Meeting HEARING#8110—1875 JACKSON LLC VICE CHAIR STEINBUGLER : The first application we have before us is 1875 Jackson LLC #8110. This is a request for a variance from Article XXIII Section 280-124 and the Building Inspector's February 12, 2026 Notice of Disapproval based on an application for a permit to construct a raised patio addition to a single-family dwelling (in conjunction with BP #50030) at 1) less than the code required minimum front yard setback of 35 feet, located at 1875 Jackson St. in New Suffolk. This was a request for a front yard setback of 21.3 feet where the code requires a minimum of 35 feet for the front yard setback. At the request of the applicant's representative, we are adjourning this application to the next available public hearing date. I don't know when that is, September 3rd? So we will adjourn to September 3rd MEMBER PLANAMENTO : Second VICE CHAIR STEINBUGLER : All in favor? MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye VICE CHAIR STEINBUGLER : Aye, thank you the motion carries. HEARING#8111—ELIZABETH SWIFT VICE CHAIR STEINBUGLER : The first active application before us #8111, Elizabeth Swift. This is a request for a variance from Article III Section 280-13C, Article III Section 280-15 and the Building Inspector's August 21, 2025 REVISED March 2, 2026 REVISED April 29, 2026 Notice of Disapproval based on an application to legalize "as built" additions and alterations to an existing accessory garage to include a second-story conditioned art studio with an HVAC system (in conjunction with BP#51567) and construct an accessory inground swimming pool at 1) the proposed use in the accessory building is not a permitted accessory use, 2) proposed swimming pool (located in other than the code permitted rear yard located at 1690 North Bayview Rd. (adj. to Goose Creek) in Southold. Would you like to speak to this application? PAT MOORE : Good morning. I have both David and Elizabeth Swift here with me, they are the owners of the property. Elizabeth, I think (inaudible) primarily because she is the artist so she would be operating the artist studio. However, the additional variance includes both owners so July 2, 2026 Regular Meeting I'm placing that on the record plus the application included both of them. As I was reviewing the file for today, I realized that the original application was filed by me for the artist studio and then later the pool application came in so what I've given you is the outline of standards for an area variance that also includes the pool because I realized that that had not come in somehow. I think there was some miscommunication, I thought the pool company did and they probably thought that I did it and neither one of us did it. So, I'm putting into the file to complete the record. MEMBER PLANAMENTO : Thank you Pat, that was a concern of mine when I was reviewing the application and I thought, this is a little strange. PAT MOORE : When I reviewed the record to prepare for today I went, where is it?Then I went back to the timeline I'm like, ah I didn't know about the pool at the time. Nevertheless, what I'm going to do I can I guess because to me the pool is a technical application, I'll just address the pool application first and then I'll go back to the artist studio if that's acceptable to the Board just to make things a little simpler and cleaner. Otherwise, I'll go the opposite way but; in my outline I provide a separate outline with respect to the pool in the side yard. You can see after each of the standards I identify the (inaudible) the pool in the side yard just to make it clear just so that it doesn't all get garbled.This is as I said a technical variance,the property is a waterfront property on Goose Creek and therefore the Trustees rules generally we try to accommodate and comply with the Trustees requirements. The pool company I think did a very good job in designing the location of the pool in that it is placed at more than 60 feet which is the new code for accessory pools from wetlands and we'll assume the wetlands will be at the retaining wall. Assuming the retaining wall will be the wetland setback for the Trustees the pool is setback behind that. When you went to do the inspection, you obviously observed for yourself that the property is completely surrounded by privet. I think that's the bushes that are there, about ten feet in height so the property is very well screened from both the street and from adjacent properties. So, the placement of the pool is at the appropriate setback of 10 feet from the side yard. Because of the way the house is positioned the house is not parallel to the water, it is angled so the rear yard is somewhat skewed, it would fall essentially where the existing patio is and that would place the pool too close in my opinion to be wetlands and therefore the Trustees would most likely encourage us to move it away. It is located in the side yard partially in the side yard and when you went to the property you could see that there is a logical placement here. There is privet and a gate that is at that corner which is essentially where the pool will be located. You could see that that's if you were to compare the location of the pool to the existing patio it falls directly right in between where the gate is. As is said, the placement of the pool meets all setbacks and the 10-foot side yard. The closest owner adjacent owner that in this survey is (inaudible) LLC, I remember when it was a different owner there.They have what would appear to be a half basketball court there directly adjacent so next to where the pool is proposed on July 2, 2026 Regular Meeting the Swift property the adjacent property owner has a half basketball court. No problem with that it's just their accessory structure is right there in a side adjacent to the proposed pool. Hopefully everyone will enjoy each other's amenities. I'm happy to address any other issues that you would like me to address. I did look at the aerials of this area,there were many pools in this area. Pools are becoming much more customary, it's an accessory customary accessory structure but I think over time pools have become really a high priority when it comes to the enjoyment of summer homes out here. On Kimberly Lane within 500 feet there are six pools, that's the Mooring subdivision I call it the Mooring subdivision and adjacent within 500 feet you have the Bertani home which has a lovely pool in the back of the home and that pool has been there for many years. Again, on the same side of the street this is somewhat of a crest so you have Bertani on the west, north MEMBER PLANAMENTO : When you day Bertani you're referring to the house on the PAT MOORE : The house on the corner of Oaklawn yes exactly. It's kind of North Bayview and it's a because you have the basketball court property then it looks like there are two little open space pieces that maybe beachfront for others that gives access there on the creek. I couldn't really identify they don't have they're like two little boxes but I can't identify what they were and then you have the Bertani home. MEMBER PLANAMENTO : Northwest on the same road at the PAT MOORE : Yea, same road as the crow flies. I used 500 feet because that was more logical dimension. It is within the character of the neighborhood with similar to other homes in this area and in this case the property meets all other criteria obviously other than the location of the structure. VICE CHAIR STEINBUGLER : Just for the record, what I wanted to be clear on because I think implied by what you just described but the relief sought here is an accessory building with a nonpermitted use as an art ceramic studio and the pool as an accessory structure,the code calls for it to be in the rear yard or for waterfront properties in the front yard and this pool is in the technical side yard as you indicated. I just wanted to be clear. PAT MOORE : Correct MEMBER PLANAMENTO : Also, if it's in the front yard to meet the minimum front yard setback of the primary residence. PAT MOORE : Correct,you'd have a primary setback from the road. In this case it makes no sense to put a pool in the front yard. Again, in part because of the angle of the house you have this July 2, 2026 Regular Meeting MEMBER PLANAMENTO : Pat, what is the front yard setback? PAT MOORE : I had it written down let's see, I pulled it up because I thought maybe be that the primary setback but front is 40, side is 15, both sides 35 and rear is 50. It's interesting I thought we might meet the primary setback requirement because you have 10 and to have both you'd have to have 25 but we have 27 and we have 19 so it wouldn't make sense in that you'd have the 25 on the same side as you have the 10 so I don't know how the Board would interpret so I didn't want to complicate things. MEMBER PLANAMENTO : I don't understand what you're saying, so for a pool in a front yard you'd have to meet the primary PAT MOORE : Sorry I jumped ahead. MEMBER PLANAMENTO : 40 feet PAT MOORE : Correct MEMBER PLANAMENTO : then you have your accessory side yard which is 10 feet. PAT MMORE : Correct MEMBER PLANAMENTO : So the side yards have nothing to do with that's for the building envelope, we're talking about for accessory structures. PAT MOORE : Yes, we have an accessory setback that we conform, 10 feet. It's the placement of the structure, that is the only variance. As I was saying, as far as it being in the front yard the gravel driveway is predominantly about half of the yard and which is a very good thing given that North Bayview is a busy street you really wouldn't be able to park on North Bayview I think it's not an appropriate some of us have ability to park in the street in front of our house but in this case it's not it's not appropriate so the gravel parking area is very generous, comfortable parking area that allows you to turn around and go out forward.So, I wouldn't encourage putting a pool, taking up any gravel parking area and on the east side of the property is where the sanitary system is so you would not have the alternative of putting the pool in the front yard in this case. You can't do it in the front MEMBER PLANAMENTO : So since you brought that up, it shows on I guess the site plan the area septic, so even if you scale out 20 feet it's still more than sufficient space for a pool in the front yard so maybe you'd explain July 2, 2026 Regular Meeting PAT MOORE : Not as I thought because you have a I don't I have to look at the site plan the gravel driveway. So, you have the gravel driveway that is here okay and then you have the sanitary which is MEMBER PLANAMENTO : It's not shown on that. PAT MOORE : It's not shown on this MEMBER PLANAMENTO : The site plan shows that it's immediately in front of the gate area. PAT MOORE : Which gate? MEMBER PLANAMENTO : If you're at the driveway there's a gate with a footpath to the front door. VICE CHAIR STEINBUGLER : It kind of shows it under the footpath. PAT MOORE : The sanitary is here? MEMBER PLANAMENTO : No to the right a little bit, and there's the footpath right where your finger is. PAT MOORE : Okay,the sanitary area oh in the footpath in the front of the house got it yes. I still don't think that there's enough room nor is it adequate honestly nobody wants a pool in the front yard to be honest. It's not the best location primarily because your home is designed so that the recreational uses are in the back yard on the waterfront house rather than the front. To try and squeeze a pool here in this area just would not really meet with either the character of the area because nobody has a pool in the front yard in this neighborhood. Bertani's front yard is just because of a setback but that is his rear yard. Realistically, this is the most logical location for the pool and as I said, it is a technical application that you get I think I've done many every year because of waterfront properties the encouragement to keep any accessory structures and particularly pools away from the water and maintain setbacks to the water the only logical location is the side yard. So, that would be the appropriate I think it's properly located and designed in the side. I guess there's also an alternative that doesn't really fit in this instance because the house doesn't my memory is that the house doesn't have many if any doors on that side, most of the access is in the back but if you were to connect the pool to an that's another alternative; many times, we've used when we have the position structures in the side yard you create a continuation of the existing dwelling to make it a principal setback.Again, in this case we looked at principal setbacks and you'd have to have it at minimum 15 feet from a property line with both and 25 so I'd be here for a variance anyway because on the east side you have 19 feet,the larger setback is 27 the shortest distance on the area where the pool would July 2, 2026 Regular Meeting logically might be connected to the house and the design of the house. You'd have to really make significant alterations to the house to open it up and create an area that is connected to the pool. Again, I defer to the family and to the pool company that I think did a very good job designing a reasonable and appropriate location for this pool. Did you want me to address anything else? MEMBER PLANAMENTO : Relative to the pool, do you need Trustees? PAT MOORE : Yes, I will go to the Trustees,yes. I think technically because we're within 100 feet we will need Trustees so that is the plan in this case to go after. ERIC MARTZ : I had a pre submission meeting with the Trustees. Eric Martz, I had a pre submission meeting with the Trustees and basically had some designs where it was hitting the 50 feet setback which they're about to change it to the 65 and I said, it's not going to happen and they actually recommended that the side yard would be a great place for it so they were kind of on board for that which is a good thing. We also tried to design a pool and fit in the front but with a 20-foot setback from the septic and the side yard setback and the primary setback there just really wasn't room to put anything. CHAIRPERSON WEISMAN : Question about lot coverage, not that it's not conforming I know it is. It looks like the existing lot coverage is 13.1%, proposed is 14.7, does that include both the pool and the outdoor shower which because it got covered by the stairs going up to the second floor of the garage now counts in lot coverage, do you know if both of those structures are included in the lot coverage? PAT MOORE : No, I'm sorry I don't know that. I asked the lot coverage be calculated in order to assure myself that we would meet the less than 20 or 20 and we did so I didn't ask for a more specific to that. MEMBER PLANAMENTO : (inaudible) PAT MOORE : (inaudible) are generally not lot coverage but as you said it's under the stairs. CHAIRPERSON WEISMAN : It's not considered a covered structure so it's part of the lot coverage. I'm not suggesting you're not going to be conforming, I just want to have an accurate. VICE CHAIR STEINBUGLER : I'm looking at page A-001 of five of the architectural design it's Mr. Martz's, proposed second-story addition. In the lower right-hand cornerthere's a table of zoning data that provides the square footage for lot coverage purposes of the first floor, the detached garage, the existing front porch, the wood ramp, the proposed swimming pool; the garage is included maybe there's a question as to whether that includes the shower? ILO I July 2, 2026 Regular Meeting PAT MOORE : I think yes, I don't know the answer to that, I can get that. It looks to be what's the width, it's a 4 X oh no it's 4 feet in width yea maybe it's 4 X 6 at most, 24 sq. ft.That looks to be the landing that appears hold on, oh okay 4 X the architect provided some diagram but not very much here where the joists are VICE CHAIR STEINBUGLER : Perhaps we can PAT MOORE : provide that for you, we can get that from yea it's not very much so. VICE CHAIR STEINBUGLER : Pat, you had a number of examples of other pools in the area and I'm sorry if I missed it but are any of them in side yards? PAT MOORE : I looked for variances that's how I did it. I only saw tennis court partially in the side yard but I didn't see a pool. DAVID SWIFT : David Swift the basketball court to the side yard directly MEMBER PLANAMENTO : And the pool is right adjacent it's like a swim spa type of pool. Maybe you can find the variance for the placement there and let's hope it's legally there. PAT MOORE : I didn't see I didn't look specifically at that because I didn't see the pool but I'll look for it. I did a search that included the asterisks to bring up any variances that would come up in that district but VICE CHAIR STEINBUGLER : I thought it might be considered the rear yard without walking on the property it looked like it might not be side yard. PAT MOORE : Yea it might go just far enough past the back wall. I know that the whole side here for the most part is the half court so after that I couldn't tell. VICE CHAIR STEINBUGLER ; From where we stood in the back it was PAT MOORE : Yea I didn't want to trespass I was looking from above. Okay, check if adjacent pool (inaudible). I did not see anything come up but I will double check. VICE CHAIR STEINBUGLER : Regards the artist studio, you're familiar with the many standards and requirements imposed when such variances are granted, are the applicants aware of them? PAT MOORE : Yes in fact part of the application we provided the outline that goes through the list of criteria and it was actually the response came directly around Elizabeth so yes she is very familiar with it the requirements and (inaudible). July 2, 2026 Regular Meeting MEMBER PLANAMENTO : So, sort of a question relative to art studio and I wasn't available for the interior inspection but you can clearly see (inaudible) it's just a simple shell. PAT MOORE : Yes MEMBER PLANAMENTO : So, we have many of these before us I just get confused which I don't know how the other Board Members feel, I haven't had the pleasure of talking about it I was away, but the building permit that was originally issued included finished interior storage with heating and cooling. PAT MOORE : Yes MEMBER PLANAMENTO : So, I don't want to suggest that's where I get lost cause that's where the conversation starts that oftentimes what I've seen from the Building Department they like to see exposed framing especially for storage. Now, there's been a little I don't call it a turn of events, if they allow things to be finished or you've been before us for people that are attorneys needs things to be stored, I would argue this point is kind of inconsequential because they're not asking for the use not the use but they're not asking for just the storage now we're discussing an art space so it's a completely different sort of deal. I didn't happen to see any plumbing and I'm a little confused and I'm not a potter but I would think automatically so maybe the applicant can (inaudible) PAT MOORE : Sure, cause I asked, are you sure you don't want a bathroom? MEMBER PLANAMENTO : I'm not saying that you should you know by right you allowed a half bath. PAT MOORE : You're allowed but I want it in fact I want to make sure and part of our record that if she decides some point in time to put a half bath that if it be alright with the Board to allow that. I know that art studios generally have allowed the half bath because many artists do need some water. MEMBER PLANAMENTO : I didn't see from walking around the property. PAT MOORE : It doesn't have it. MEMBER PLANAMENTO : I didn't even see a hose bib which is kind of common to a garage. Now if it was there maybe you can talk a little bit about that. ELIZABETH SWIFT: Elizabeth Swift, how are you? My last public speaking I um fainted at my best friend's wedding so I'm nervous. So, the reason there is no plumbing is, the standard way to have your own personal pottery studio, it's called a three bucket system so basically it's three :17 July 2, 2026 Regular Meeting buckets of water and the first bucket is your dirtiest water you clean all your tools there, then you go to the second bucket, you do another rinse, third bucket it should be clean water. So, what happens is your clay goes to the bottom and you siphon off that water and you can use that clay. The problem with pottery studios is that you can't get clay into the septic. You either use a three-bucket system like I'm doing currently or you would have to have a full sink retrofitted with a clay trap which are really stinky and scary to me. I don't want clay anywhere in my plumbing because I heard it's a nightmare so it's very standard for a three-bucket system. Technically I'm using two buckets I haven't figured out what the third bucket for so that's why I don't need it. I kind of just carry one bucket of water from the inside or from the hose when it's not wintertime and that's it. MEMBER PLANAMENTO : After hearing that statement it makes logical sense. You do not want to putts around with the plumbing. ELIZABETH SWIFT : Yea that's why I asked everybody and MEMBER PLANAMENTO : I was just taken back I thought it was very strange and people with all kinds of I shouldn't say studio spaces,everyone always wants some sort of utility sink at the very least and I thought this is just a little odd. PAT MOORE : Particularly painters, I've done several applications and I have one coming up of a painter where the medium,the water color or acrylics or oil you do need some water to maintain and that's okay. Well the oil obviously you're not using you're using turpentine but you can generally use standard plumbing at first but ELIZABETH SWIFT :This way I can also can reclaim all my clay. MEMBER PLANAMENTO : I thought that was brilliant about recycling, it only makes sense. ELIZABETH SWIFT : I made twenty five pounds of clay and I recycle twelve pounds of it. MEMBER PLANAMENTO : Thank you,Julie maybe you can answer this for me, PAT MOORE : Leslie had a question. CHAIRPERSON WEISMAN : Hi Pat, I just want to confirm that there are no classes that are going to be held how to do pottery, that there are no commercial sales of any kind or retail selling of pottery from the residential property,there are no exhibits for the public to look at there. Is this I want to know is the artist the owner represented by a gallery or have some other venue where the pottery is sold. July 2, 2026 Regular Meeting ELIZABETH SWIFT : No ma'am, this is just a hobby that I took up three years ago of it and I just want to do it all day long but no nothing I won't be selling anything, giving anybody classes it's just my kids get a lot of stuff. MEMBER PLANAMENTO : So, Julie the question I was going to ask you for clarification, I know we've done these before but I'm not remembering what the process is in the past but is this a use variance? We're addressing the standards I just I think we've had this conversation prior with art studios but it's not an area variance, we're not granting dimensional relief. CHAIRPERSON WEISMAN : It's a special exception, when we made the determination through a code interpretation that included those many, many lists of standards we believed it was allowed to be an accessory use subject to having a principal use that the owner occupied a house for their own personal use not for professional use. They can go out there and do what they want to do in there provided they didn't bring others onto the property. What happened was, the Building Department realized they were in no position to inquire about all those various conditions of approval to verify them so we agreed that we would hold a public hearing for a special exception approval. It's not a use variance, it's approved by virtue of meeting the conditions that we previously codified in a code interpretation. MEMBER PLANAMENTO : That's what I was thinking but then you just used the same word that came to my mind when I was reviewing the application special exception. It isn't a special exception application. CHAIRPERSON WEISMAN : It should be a special exception application, it is not a use variance. PAT MOORE : Let me, let me,the way that is MEMBER PLANAMENTO : Pat just for a second, Leslie my mind responded the same way that you just articulated and you used the word special exception and before Pat answers that question can you clarify why this is a special exception? CHAIRPERSON WEISMAN : Go ahead Pat. PAT MOORE : So, the way if you go back to your interpretations, it starts with the Building Department was inconsistent in how they were reviewing the accessory uses. In some cases, a workshop was somewhat of I want to call it a hobby shop, artist studio, workshop MEMBER PLANAMENTO : Woodworker (inaudible) PAT MOORE : It was completely random and guess work when you went to the Building Department to make this request for the space. Ultimately, I think the Board I thought very wisely created what would be an application that the first time I read it because of the conditions 141 July 2, 2026 Regular Meeting I said well you kind of created a special exception without legislating it as a special exception.It was an application that if you met the criteria that the Board identified in their interpretation that then it would be deemed a permitted use by virtue of the Board's review of all of the conditions. It was if the Town Board through legislation created (inaudible) special exception you'd use those special exception criteria standards but, in your case,you went more specifically and you identified those criteria standards that are really only applicable to an artist studio. It's more specific than the general special exception standard because special exceptions standard has criteria that are parking, you know generic that universally applied throughout the code. Your interpretation was much more structured to just an artist studio and that's the way we've applied for it since it was first adopted probably more than ten years at this point, I'm going back to the I think I attached prior decisions or mentioned them in my application. I know I was involved with several of them early on. I think Orient may have been one of the first ones Orient and New Suffolk were the two that created the criteria and after that we followed on other applications the criteria that mimic the questionnaire that I asked my client to review and abide by. I hope that answers your question. MEMBER PLANAMENTO : A little and the confusing part for me we haven't done to my best recollection the last one was an art studio that was actually an elevated for lack of a better "description tree stand. PAT MOORE : That wasn't mine. MEMBER PLANAMENTO : I know it wasn't yours, it was a while back. PAT MOORE : I have one in Cutchogue, I have the name of it but he was actually an artist of large pieces that showed in galleries but his you know his passion, his work and his art it all an artist does art work all the time there's not a time off.That space was a preexisting structure that was storage building, very funky looking building that he wanted to renovate, put sky lights and use it as an artist studio and we went through the process and this criteria was the criteria we used. It came right after the interpretations that kind of provided an outline to applicants to follow. As Leslie said,the Building Inspector really his authority is a black and white authority,they don't really have the ability to inquire beyond what is black and white and that's why it was sent to the Zoning Board for a more careful scrutiny. I'm hoping the new code will be a little more flexible but until that occurs here, we are. I have another one in Orient coming up. MEMBER PLANAMENTO : I have just one other comment if we can before I guess we close.This is just I guess to the applicant, the day of the inspection when I walked around I kind of (inaudible) to the windows if you have video surveillance you'll see me there, there were beds in the proposed art studio. It's non habitable I just want to remind you, no sleeping etc. July 2, 2026 Regular Meeting PAT MOORE : Thank you. A.T.A. MCGIVNEY : There are beds in there? MEMBER PLANAMENTO : They were inflatable mattresses. PAT MOORE : Air mattresses, potentially could be blown up into beds and I said you can't do that. He said I know. If it gets used for pottery definitely will not be used for sleeping. MEMBER PLANAMENTO : Well there's not a whole lot of space either but in fairness they were deflated but they were there. VICE CHAIR STEINBUGLER : Rob do you have any questions? Leslie any other questions? CHAIRPERSON WEISMAN : No VICE CHAIR STEINBUGLER : Is there anyone on Zoom with a hand up?With that I make a motion to close this hearing subject to receipt of updated information on lot coverage and information on the pool next door and its location whether side yard or rear yard. Am I missing anything? ,MEMBER PLANAMENTO : If it is if there was variance relief granted for that placement of the pool to include that. PAT MOORE : Well,first it technically has a building permit. MEMBER PLANAMENTO : We know those exist without building permits. I'll second it. VICE CHAIR STEINBUGLER : All in favor? MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye VICE CHAIR STEINBUGLER : Aye July 2, 2026 Regular Meeting HEARING#8112 SE—NOFO NDS, LLC/VITO TANZI, MEMBER VICE CHAIR STEINBUGLER : The next matter before us is the next application is NOFO NDS, LLC/ Vito Tanzi, Member#8112SE. This is an application requesting a special exception under Article III Section 280-13B(13). The applicant is the owner of the subject property requesting authorization to construct and establish an accessory apartment in an accessory structure at 12600 New Suffolk Ave. (adj. to Peconic Bay) in Cutchogue, NY. Who would like to address this application? GARY STEINFELD : Hi, I am Gary Steinfeld, West Creek Builders (inaudible) New Suffolk representing the applicant. I can answer any questions that you have. I think the application for an accessory apartment in an accessory structure on the second floor. VICE CHAIR STEINBUGLER : I did have one question in regards the relationship between the applicant and Salvatore Vito Tanzi and Salvatore Tanzi, there's an affidavit in the record stating that they have a direct I think it's called a direct familiar relationship, it doesn't state what that relationship is. GARY STEINFELD : It's his brother. VICE CHAIR STEINBUGLER : Brother, thank you. How many bedrooms does the existing house have? GARY STEINFELD : There are five bedrooms, four bedrooms. VICE CHAIR STEINBUGLER : So the septic system that GARY STEINFELD : It's a new septic system, an IA system that was already approved and installed for the accessory structure. (inaudible) VICE CHAIR STEINBUGLER : Got it, so there will be two septic systems. GARY STEINFELD : Yea, it was applied for through Suffolk County for the apartment on the second floor. Mike signed off on that (inaudible) for the apartment. MEMBER PLANAMENTO : Per code the applicant is entitled to two bedrooms, one bathroom you're only proposing one bedroom. GARY STEINFELD : Correct VICE CHAIR STEINBUGLER : I just had a concern that there might be shared septic. GARY STEINFELD : It's too far away. :171 July 2, 2026 Regular Meeting VICE CHAIR STEINBUGLER : Got it. Based on our site inspection it looks like there's plenty of room for three parking spaces but we don't have a document that indicates like a sketching on a site plan of (inaudible) GARY STEINFELD : (inaudible) site plan has. MEMBER LEHNERT:You see the boxes next to the left of where it says frame garage in the circle. VICE CHAIR STEINBUGLER : I do, thank you very much. The ones that say parking space, got it. I don't think I have any other questions, Nick do you have any questions? MEMBER PLANAMENTO : No, you asked the question about the tenant. I was confused because I thought the ownership was via Vito Tanzi but then the brother is called Salvatore Vito Tanzi so when I saw Vito, I thought it was the same person.Thank you for saying there's a brother. VICE CHAIR STEINBUGLER : Rob do you have any questions? MEMBER LEHNERT : No VICE CHAIR STEINBUGLER : Leslie, do you have any questions? CHAIRPERSON WEISMAN : I do, of course there's a full bath on the second floor where the apartment is proposed but I believe there's a half bath on the lower level, is that correct? GARY STEINFELD : That's correct. CHAIRPERSON WEISMAN : So, I've never seen a situation where I guess there's an that's the sort of storage area actually not being used as a garage cause it's clearly got these large glass patio window sliding you know patio doors, it's a storage area,what's being stored on that first floor? GARY STEINFELD : Like many of the newer home owners out here the client is a collector of memorabilia of art work and sculpture so I think we're seeing this more and more in front of the Board as well that some of these rooms that are being used as storage are now being places that they can locate their art collections, their memorabilia collections that's clean and rodent free and free from insects. So, that's what he does and tends to rotate his art work into the main house and exhibit there. CHAIRPERSON WEISMAN : Is the first floor conditioned space? GARY STEINFELD : The first floor is not conditioned space and there's no access to the second floor through the first floor. The second-floor apartment only has access from the exterior. I, July 2, 2026 Regular Meeting CHAIRPERSON WEISMAN : It's not common to have both a bathroom and an apartment which is permitted and an additional half bath which is also permitted in an accessory structure so that's just a little unusual we'll just have to figure out what to do about that. VICE CHAIR STEINBUGLER : Leslie, did you have other questions? CHAIRPERSON WEISMAN : No that was it. VICE CHAIR STEINBUGLER : Okay thank you, Liz says we have someone with their hand up on Zoom. TODD FREED : Hi thank you, my name is Todd Freed. We own the property to the immediate west at 12400 New Suffolk Ave. in Cutchogue thanks for your time today. If the ZBA approves this, will it be limited to that individual living there and if that individual no longer lives there, will they not be able to be rented out for example by VRBO, Air B&B? VICE CHAIR STEINBUGLER : The answer to that is that the special exception for an accessory apartment includes the condition that it be rented either to a direct family member or someone who is on the town's affordable or qualifies on the town's affordable housing registry and it must be leased for a period of minimum one year. It is not eligible for it to be used for short term rental. TODD FREED : Okay, great and sorry I am an attorney but I'm not acting as one only for myself now, is there a place I can find the definition of family member? VICE CHAIR STEINBUGLER : Yes, I believe it's in the town code and it's probably somewhere in this section 280-13 1 think it's 13 A&B set forth the requirements for applications for accessory apartments and one of those is in the primary residence and the other applies to apartments in accessory structures so I think you can find it in the town code. TODD FREED : Okay, you said 280-13 and the whole A and B? VICE CHAIR STEINBUGLER : Yes TODD FREED : Okay, thank you so much, I appreciate everyone's time today. VICE CHAIR STEINBUGLER : Thank you, any other anyone else from the okay it seems like we're good here. I will make a motion to close this hearing and reserve our decision to a later date, probably in two weeks' time at our special meeting. MEMBER LEHNERT : Second VICE CHAIR STEINBUGLER : All in favor? 19 July 2, 2026 Regular Meeting MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye VICE CHAIR STEINBUGLER : Aye HEARING#8113—SHELBY COX and KATHRYNE CARLSEN/CARLSEN LIVING TRUST VICE CHAIR STEINBUGLER : The next application on our agenda is, Shelby Cox and Kathryn Carlsen/Carlsen Living Trust#8113. Request for a variance from Article XXIII Section 280-124 and the Building Inspector's January 27, 2026 Notice of Disapproval based on an application for a permit to replace and rebuild in kind an existing deck addition to a single-family dwelling at 1) less than the code required minimum front yard setback of 35 feet located at 2250 North Sea Drive Southold, NY and for the record I'll just note that the proposed front yard setback is 27.4 feet where the code requires a minimum of 35 feet for the front yard setback, representing 21.7% relief from the code. ANDREW MALGUARNERA:Andrew Marguarnera 713 Main St. Port Jefferson acting as the agent. What we have here is an existing deck built in 1991, it had a C.O. and we are replacing it as it is you know it's aged out and we're replacing the deck in kind with all the same setbacks that were previously granted apparently. It's nonconforming but we're replacing what's there that was almost forty years now, no change to anything just having a newer deck on the house. If the Board has any questions. VICE CHAIR STEINBUGLER : Rob, do you have any questions on this one? MEMBER LEHNERT : I have none on this one. VICE CHAIR STEINBUGLER : Nick MEMBER PLANAMENTO : No questions. VICE CHAIR STEINBUGLER : Leslie, do you have questions on this one? CHAIRPERSON WEISMAN : No the site inspection just confirmed that the structure underneath is in disrepair and unsafe and if they were just replacing decking they wouldn't even be before July 2, 2026 Regular Meeting us but because the structure needs to be also replaced properly that's why they're before us but if they're maintaining exactly everything as it is I have no questions. VICE CHAIR STEINBUGLER : Do we have anyone on Zoom? Is there anyone in the audience that wants to address this application? JOE BURRASCANO : I'm Joe Burrascano I'm the immediate neighbor to the west. I just wanted to say that the deck is set behind heavy vegetation, you can't even see it from the street, you can't even see if from my house. The house is also very low, the street goes down and so the deck is not even elevated really. I'm a permanent resident if you look around (inaudible) none of this bothers us. The other neighbors across the street and to the north their setbacks are actually less than code right now cause (inaudible). So, I really don't think that it's out of character for the neighborhood, it's certainly not bothering any of us. I just want to let you know that from a day-to-day point of view it's.really not a big deal. MEMBER PLANAMENTO : I was going to actually share something similar, I think both Leslie our Chairperson and I live in the general area, we would agree we walk by we know the neighborhood and without a doubt there's screening. The testimony that he just offered I think is important and maybe it should have been brought forward so I'm glad that you actually said something.These are determinative factors. JOE BURRASCANO : It's really the character of the neighborhood it's not you know imposing on neighbors or the street, nothing it's just (inaudible). VICE CHAIR STEINBUGLER : Thank you for your testimony. Is there anyone else in the audience that would like to address this application? I'll make a motion to close this hearing and reserve this decision to a later date, most likely in two weeks from today at our special meeting. MEMBER PLANAMENTO : Second VICE CHAIR STEINBUGLER : All in favor? MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye CHAIRPERSON WEISMAN : Aye VICE CHAIR STEINBUGLER : Aye July 2, 2026 Regular Meeting HEARING#8114—SUSAN DUNNING VICE CHAIR STEINBUGLER : Our next public hearing is Susan Dunning #8114. Request for a variance from Article XXIII Section 280-124 and the Building Inspector's March 4, 2026 Notice of Disapproval based on an application to construct additions and alterations to an existing single- family dwelling (to remain unconditioned) at 1) less than the code required minimum side yard setback of 15 feet located at 925 Stephensons Rd. (adj.to the Long Island Sound) Orient, NY. For the record I'll just state that the current side yard setback is 7.5 feet, the project proposes that by enclosing an overhang over the stoop proposes a side yard setback that will be 5.9 feet where the code requires a minimum side yard setback of 15 feet for a variance of 60.7% relief. Who would like to address the application? MARTHA REICHERT: I will,good morning everyone, my name is Martha Reichert from Twoumey, Lathan, Shea, Kelley (inaudible) Quartararo 33 West 2"d St., Riverhead, New York for the applicant Susan Dunning Magrino. This is what I would characterize as a relatively minor proposed improvement. It is again the property is a improved with a pre-existing nonconforming dwelling which actually a couple of years ago we went to the Trustees and applied for the permits in the back of the property were two separate dwellings that we had combined into one thereby reducing nonconformities. The property is constrained again by its pre-existing improvements which is why while we are working within our pre-existing nonconforming coverage what we're doing is, enclosing something that is already counting under coverage. It's roofed over height, it's about just under 40 sq. ft. to create an unconditioned kitchen pantry. The way the town code works, the roof overhang doesn't count towards the side yard setback until it becomes enclosed which is why the existing side yard setback is 7.9 it goes to the corner of the building but once we enclose that roof overhang then the side yard setback becomes the number proposed in here but that is the extent of the application,just to create a kitchen pantry. It's 40 sq. ft., it's already under the coverage. Again, the building itself is pre-existing nonconforming. The property line that the side yard setback abuts, abuts a 25 ft. right of way that leads down to the water.The nearest residence is far,far away from it. It can't be seen from any of the streets. I doubt it can even be seen from any adjacent property unless you're on the second floor looking down but again it will just enclose a part of the existing home. It is already improved with sort of a step up to the house, we're just enclosing it. VICE CHAIR STEINBUGLER : Thank you, the application and the Notice of Disapproval note that the house is unconditioned. I think that means it means it's not heated, I think it's cooled, is there can you confirm that there's no heat? MARTHA REICHERT : I can't confirm that there's no heat because I wasn't prepared to answer that question. However, what I do know is that it's been C.O.'d, it has a building permit right July 2, 2026 Regular Meeting now that's open. That's something the Building Department will address. It has traditionally been a seasonally used home by its owners who have owned it now for quite some time almost twenty years. I know there are air conditioning condenser units that I have seen. MEMBER PLANAMENTO : It's described as a seasonal residence. MARTHA REICHERT : Correct (inaudible) and that's again it's a pantry so it's 40 sq. ft. VICE CHAIR STEINBUGLER : Well, as you know we conduct site inspections for each application before us and when I visited this property Monday of this week, I noted looking at the pool house let me go back, the application includes the Certificates of Occupancy for all alterations and buildings that have been done on the property. The pool house has a Certificate of Occupancy that specifies, it shall be nonsleeping and non-habitable. MARTHA REICHERT : Correct VICE CHAIR STEINBUGLER : I observed that the pool house has a bedroom on the left hand or south side and a living room on the right hand or north side and it seems to be serviced by two split units that could provide both heat and cooling. My observation is that the pool house is not compliant with the specifications of its Certificate of Occupancy and I wonder if you could speak to that. MARTHA REICHERT : I visited the site as well but I visited when I posted the property and it was merely to observe the main residence. I did not have access to the pool house and I did not look inside any windows so again, because it's not the subject of the application and this is the first that it is being raised that is you know I don't have any personal knowledge that I could speak to on it at this point. I mean that would be a matter for the Building Inspector to take a look at because I know it's been C.O.'d and I don't believe there have been any alterations to the structure since it was C.O.'d so again, that's VICE CHAIR STEINBUGLER : If I remember correctly, the C.O. is issued in 2013 specifically calling out nonsleeping non habitable. MARTHA REICHERT : Right, I just what I do know is that the house is undergoing a major renovation so it's very possible that furniture is being stored in the pool house right now but I have not been inside the pool house so I can't speak to what you observed. VICE CHAIR STEINBUGLER : Should I talk about potential A.T.A. MCGIVNEY : Yea, we should get an answer about that, if it's a violation (inaudible) find out exactly what's happening. 231 July 2, 2026 Regular Meeting MARTHA REICHERT : Sure, I will do that. She's not here with me right now but I can certainly supplement the record with a response. A.T.A. MCGIVNEY : Do you want to hold it open for that answer because if you get a written response you wouldn't be able to question it. VICE CHAIR STEINBUGLER : Perhaps we would hold it open, adjourn let's go through the other questions. Nick, did you have any questions on this one? MEMBER PLANAMENTO : I have no further questions. VICE CHAIR STEINBUGLER : Rob MEMBER LEHNERT : I have no questions. VICE CHAIR STEINBUGLER : Leslie, do you have any questions on this one? CHAIRPERSON WEISMAN : No A.T.A. MCGIVNEY : Leslie, do you recommend holding it open to get the answer or just submission, written submission? CHAIRPERSON WEISMAN : I don't know that another public hearing is appropriate on this so perhaps we can just close it subject to receipt. A.T.A. MCGIVNEY : or condition it on CHAIRPERSON WEISMAN : That as well, I mean certainly this Board has not approved applications where the subject property had noncompliance with prior conditions or something like that so we just have to make sure that everything's okay and if so we just proceed and if not then it needs to be remedied and it would be a condition of approval. VICE CHAIR STEINBUGLER : Is there anyone on Zoom?With that, I make a motion MEMBER PLANAMENTO : Relative to the C.O. that's in question for the pool house that I'll just state it, is C.O. Z36134 dated February 6, 2013, it's for a pool house cabana. The accessory non habitable, non-sleeping pool house with half bath,covered patio and outdoor shower as applied for. So, it's non habitable so perhaps you can pull the building permit to see that it conforms to the C. of 0. and MARTHA REICHERT : I know there are building plans so MEMBER PLANAMENTO : That's what I'm saying, exactly. 2,41 July 2, 2026 Regular Meeting MARTHA REICHERT : I can do that, like I said there's (inaudible) of violation but MEMBER PLANAMENTO : I don't think anyone I don't want to suggest it's impossible to get in. I myself did not do a site inspection, I couldn't get in. I think another Board Member had the same situation. Not that that matters but we've had three Members that have actually been there, I think there's just an open question that we need clarification on. MARTHA REICHERT : Okay, as I said the main house is under renovation right now so I don't know if furniture is being stored there. I can get that clarification and then exactly how do you want me to communicate this to the Board? A.T.A. MCGIVNEY : Are you comfortable in getting written submission and you condition it on (inaudible)? MARTHA REICHERT : Or as a condition of approval before I mean I know that a building permit isn't going to issue if there's a violation so I think this is something that the Building Department can handle. MEMBER PLANAMENTO : I don't think anyone here is calling Code Enforcement to create a violation but hopefully you can resolve it prior to that. MARTHA REICHERT : Sure, I just know that a building permit would review all of that as well so I wanted to be specific in terms of if we're closing the hearing what exactly you want me to do? VICE CHAIR STEINBUGLER : I think you suggested that you could consult with your client and get their input on the observation I made that the pool house contains a bedroom and a living room and it appears to be conditioned fully conditioned heating and cooling. MARTHA REICHERT : Sure, I don't know what the relevance of the living room would be though (inaudible) they're allowed to have a seating area. VICE CHAIR STEINBUGLER : Yes,yes but there's a bedroom and it doesn't seem to meet the non- sleeping stipulation of the C.O. MARTHA REICHERT : Okay, I will but again once I make the inquiry exactly how do you want me to what are we doing? MEMBER PLANAMENTO : I think a letter is fine, you can address your client review the C. of 0. plans make sure that it conforms. I don't know whether it's supposed to be conditioned or not etc. and then just cite your response in a written letter to the Zoning Board and we'll consider that response. If there's an issue, probably we'll condition our decision cause the determination I would argue it's kind of a benign request to fill in that overhang area but this did come up as a July 2, 2026 Regular Meeting point of conversation that before a building permit be issued perhaps it be you know that issue if there is an issue be resolved. A.T.A. MCGIVNEY : Closing the hearing subject to receipt of written explanation of the pool house use and depending on that be a condition in the approval that it be rectified. MARTHA REICHERT : The pool house comply with its approvals. A.T.A. MCGIVNEY : Right, before the building permit be issued. MEMBER PLANAMENTO : Exactly for the building permit for the enclosure. MARTHA REICHERT : That makes total sense, I just wanted to I understand procedurally I just want to be clear. VICE CHAIR STEINBUGLER : Okay, so with that A.T.A MCGIVNEY : Wait what has a building permit already, the overhang? VICE CHAIR STEINBUGLER : No the renovation of the house. MARTHA REICHERT : There's an open building permit for the renovation and it's posted. VICE CHAIR STEINBUGLER : It was swarming with workers on Tuesday. A.T.A. MCGIVNEY : I'm thinking it's subject to getting a building permit doesn't make sense. VICE CHAIR STEINBUGLER : It does, a building permit is needed for the one element of the alterations which increases the nonconformity of the side yard setbacks but the rest of the renovations are MARTHA REICHERT : The current building permit would just be amended to take that in so you know if my own point is the Building Department is there on a regular basis doing their VICE CHAIR STEINBUGLER : I would think that that is not the case, the Building Department I think the recent alterations and renovations to the home have been certified by an engineer, Nick Mazzaferro who is here. So, no Building Inspector has visited the property, they have not had the opportunity they haven't been needed because it's been certified by an engineer. MARTHA REICHERT : Sure but they will when they issue for final so MEMBER PLANAMENTO : I think we can close it subject to the letter and we'll make the determination as far as if approval is granted what condition exists. MARTHA REICHERT : What conditions are appropriate? z61 July 2, 2026 Regular Meeting A.T.A. MCGIVNEY : Whatever the Building Department needs to make it all legal. VICE CHAIR STEINBUGLER : I think I need to state that. I make a motion to close this hearing subject to receipt of information regarding the use of the pool house relative to its Certificate of Occupancy and I think that's my motion. Do I have a second? MEMBER PLANAMENTO : Second VICE CHAIR STEINBUGLER : Thank you, all in favor? MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye VICE CHAIR STEINBUGLER : Aye CHAIRPERSON WEISMAN : Aye HEARING#8116—ALFRED VON HASELL VICE CHAIR STEINBUGLER : The next hearing before us is Alfred Von Hassel #8116. Request for a variance from Article XXXIII Section 280-124 and the Building Inspector's February 17, 2026 Notice of Disapproval based on an application for a permit to reconstruct an accessory garage at 1) more than the code permitted maximum lot coverage of 20% located at 275 West St. in Greenport, NY. Just for the record I'll note that the proposed lot coverage is 21.1% where the code allows a maximum of 20%. NICK MAZZAFERRO : Nick Mazzaferro, the house and garage pre 1957 (inaudible). It was transferred he bought the house the current owner in I think it was 2012, 2013 they got pre- existing C.O.'s for the property and the garage structure in the back has reached the point of deterioration where it needs to be replaced. For environmental and economic reasons, we are reusing the entire garage floor slab and the entire garage foundation exactly as it sits today to try and minimize the amount of disturbance. Basically, the application is to remove the garage from on top of the foundation, take all the deteriorated elements and basically replace in kind, the same size the same footprint,the same location.The coverage that popped up when we put the application in (inaudible)tearing the garage down the coverage comes out to be 1.12%over of the current lot which (inaudible) back in the forties or whatever was small and it's a very residential neighborhood. (inaudible) same material, the same look and on the one side is the school parking lot and it's heavily vegetated so it's not even (inaudible). 7 July 2, 2026 Regular Meeting VICE CHAIR STEINBUGLER : One question that I had is,the garage is acquiring a second story, it's currently a one story structure and it looks like it's going to have a two story, a second story stairs to a second level,what is the proposed use of the second level? NICK MAZZAFERRO : It's just a ladder,tool storage(inaudible) storage the owner is a boat owner and I guess like a handyman worker. It's unconditioned space, it's actually a story and a half right now kind of. VICE CHAIR STEINBUGLER : It looked open to the rafters with no floor. NICK MAZZAFERRO : They never put a storage ceiling (inaudible). MEMBER PLANAMENTO : It would seem to me also that the 18 foot height I think it was 18, was it16or18? NICK MAZZAFERRO : 18 MEMBER PLANAMENTO : and that conforms, that's the highest that you're allowed with that setback. Whether one and half considered two I don't know, it conforms. NICK MAZZAFERRO : Actually we were kind of shocked when we got the notice about the sides being MEMBER PLANAMENTO : But lot coverage,that's the result of a pre C. of 0. NICK MAZZAFERRO : Yea, we had the pre C. of 0. so that's why we're here. MEMBER PLANAMENTO : Nick, I had a question that kind of ties into what Margaret was just taking about. On the proposed garage floor plan,you illustrate a stairwell going up which makes complete logical sense for people to carry whatever it is that they're storing but you also show a ceiling hatch. I'm just curious NICK MAZZAFERRO : He's got (inaudible) a lathe that he wants to get up there or a small (inaudible) like an outdoor as he's coming up the concept is to be able to put a winch in the rafters and getting an (inaudible) motor upstairs. ALFRED VON HASSEL : Al Von Hassel, the upstairs I just want to store nothing really heavy tools that I have that's about it that's why I wanted to put a hatch I was going to put a small winch on the rafters to use it to pull stuff upward rather than carry it up the stairs. I'm getting too old. MEMBER PLANAMENTO : I saw the stairs, most people just have the hatch or a pull down stair and you have a stairwell so that's why I had to ask the questions. July 2, 2026 Regular Meeting VICE CHAIR STEINBUGLER : Anything else Nick? MEMBER PLANAMENTO : No and I think the applicant previously stated, there's an awful lot of tar mat next door, I don't think there's exactly any and we're not necessarily talking about setbacks but just from the standpoint of the lot coverage it's a dense neighborhood it has more of a feeling of the Village of Greenport than the Town of Southold but the lot we're dealing with 1.2% over I think is mitigated by parking lot. I mean a school as a neighbor (inaudible) field or the school building. I mean if there was a way to save the building, I'm sure you have thought about that before coming to the Zoning Board of Appeals but at some point, it's better to have new construction, I think especially given the age of the structure. VICE CHAIR STEINBUGLER : Rob, did you have any questions? MEMBER LEHNERT : I do not. VICE CHAIR STEINBUGLER : Leslie, did you have any questions? CHAIRPERSON WEISMAN : No VICE CHAIR STEINBUGLER : Do we have anyone on Zoom? I will make a motion to close this public hearing and reserve decision to a later date, most likely two weeks' time on July 16. MEMBER LEHNERT : Second VICE CHAIR STEINBUGLER : All in favor? MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye VICE CHAIR STEINBUGLER : Aye CHAIRPERSON WEISMAN : Aye Z July 2, 2026 Regular Meeting HEARING#8120—STELLA MALLAS VICE CHAIR STEINBUGLER :The next application before us is Stella Mallas#8120.This is a request for a variance from Article III Section 280-15 and the Building Inspector's March 2, 2026 Notice of Disapproval based on an application to legalize an "as built" shed (under 144 sq. ft.) at 1) accessory located in an area other than the code permitted rear yard located at 420 Summit Dr. in Mattituck, NY. Just for the record, this relief requested is to permit an "as built" shed in the front yard where the code requires accessory structures to be in the rear yard. CHRIS RIVERA : Chris Rivera 250 Sound Beach Dr. Mattituck, NY 11952. I'm here for Mr. and Mrs. Mallas. This preexisting shed is located in the only possible place on the property, if you did a site inspection. There's no room in the rear yard (inaudible) right hand side and it's approximately at the closest point to the side yard and 25 feet also it's not a square property. This is the only place that they could put the shed. It used to be the old shed that was there on the property but after they built the garage and rebuilt the house this is the only place that they could put the shed at this point. It's pretty far back if you did a site inspection it's pretty far back. MEMBER PLANAMENTO : You can't see anything from the roadway, the house is sort of CHRIS RIVERA : It's elevated. MEMBER PLANAMENTO : It's elevated. VICE CHAIR STEINBUGLER : It's visible from the road,the roof of the shed is visible from the road. A question regards the other structures on the property that I did not find represented on the survey. There is a small shed or a small structure I think this is north so in kind of the northeast corner. MEMBER PLANAMENTO : The playhouse. VICE CHAIR STEINBUGLER : Yea the playhouse almost like a little kid's playhouse up by the road and lower in elevation cause there's a very steep drop off there and then in the rear adjacent to the chicken coop there was another little structure. CHRIS RIVERA : I know that there is a chicken coop and I know there's a very old (inaudible) structure towards the front, I don't think that's used anymore if that's an issue. VICE CHAIR STEINBUGLER : The question just is, what is the lot coverage because I realized what's before us is the location of the shed but the fact that there are structures on the property that are not noted on the survey suggests that we might have the applicant might not have had an accurate value for the lot coverage and there is a lot going on on the property. July 2, 2026 Regular Meeting CHRIS RIVERA : Is a chicken coop considered part of lot coverage in that open little, I know it's just a small little open roof overhang, it's not closed in any way it's just on 4 X 4's I think I don't know what it is and what it was used for in past but I just know it's not used today. MEMBER PLANAMENTO : I think what Margaret's speaking about is overall the lot coverage (inaudible) a chicken coop I mean oftentimes during a site inspection we'll feel something that like exceeds lot coverage. The last application was specific about lot coverage, I didn't have the feeling that there was a lot coverage issue where it existed. Here I didn't sense a lot coverage issue, maybe I'm mistaken just because of all the paving and retaining wall. It's very hard to get a feel so to me Margaret it doesn't feel like a lot coverage issue. I don't know if it's a fair request, I mean (inaudible). MEMBER LEHNERT :They would have tagged it in the Building Department. VICE CHAIR STEINBUGLER : Well I don't think it's provided so I'm not sure the Building Department MEMBER PLANAMENTO : I think in theory it's in review when they're looking at the application and the survey, they say wait a minute, there's a thought VICE CHAIR STEINBUGLER : I'll just say, here's the application part four, calculations of building areas and lot coverage, sky plane from surveyor design professional, percentage of coverage of your lot by building area, lot coverage, I'm just saying it wasn't provided. I can't look at that and say, I would like to know what the lot coverage is. I think it is worth having a completed application with all the requested information. CHRIS RIVERA :Just for my verification, if it's under 144 sq.ft. is it even considered as part of the lot coverage at that point or not? I really don't know. MEMBER PLANAMENTO : That's a good point. CHRIS RIVERA : Everything else has been permitted and I'm sure they took into consideration at that time what (inaudible) this is not considered as part of lot coverage. I mean the garage was there you know MEMBER LEHNERT : Basically if this was in the rear yard you wouldn't even be here. MEMBER PLANAMENTO : That's the interesting thing, walking around the property there was kind of a lot of hiking going up the driveway and across the walkways and around the garage building there's really nowhere you can put a shed. Now that might be a function of the fact that other improvements were made but we're dealing with what we're dealing with. 3 July 2, 2026 Regular Meeting CHRIS RIVERA : I'm not quite sure if it's considered front or side yard at that point cause it's still MEMBER LEHNERT : You're forward of the house and that's (inaudible) front yard. CHRIS RIVERA : Yea, I see where it's almost at the corner there. MEMBER PLANAMENTO : Well it's cited as not being in the rear yard, it's not saying where I would argue that this is a side yard. It's roofed over, it's cantilevered, the house ends in my opinion here and in line with I guess the northern fagade of the shed. CHRIS RIVERA : Where it says, (inaudible) porch? MEMBER PLANAMENTO : It's all roofed over. MEMBER LEHNERT : I go from the side and draw a line from the house it crosses it. MEMBER PLANAMENTO : So, in either case if it's a front or a side it's not in a compliant location. MEMBER LEHNERT : It's not in the rear. MEMBER PLANAMENTO : The property is immaculate. VICE CHAIR STEINBUGLER : Do any of the Board Members have questions, Leslie? CHAIRPERSON WEISMAN : Yea I have a question. You'll remember probably Chris, in 2022 the ZBA granted the demo of the single-family dwelling and a bunch of nonconforming accessory structures, so was this shed it's not covered by that?The shed was located there after the 2022 decision was rendered? CHRIS RIVERA :The shed I believe was I wasn't involved in that but the shed I believe was moved it was about where the new garage is now and it was moved out of the way because of the garage equipment. It was in the right rear corner, as you're looking at the house it was in the right rear corner of the house. MEMBER PLANAMENTO : Which is where the garage currently is,that would be the logical spot. CHAIRPERSON WEISMAN : Okay MEMBER PLANAMENTO : So between the build out of the garage and today the shed was placed in the front or side. CHRIS RIVERA : There's just no other place for it at this point. VICE CHAIR STEINBUGLER : Are there any other questions from the Board? Leslie, any other questions? P July 2, 2026 Regular Meeting CHAIRPERSON WEISMAN : Nope VICE CHAIR STEINBUGLER :Anyone in the audience wish to address this? Do we have any hands? Okay, I'll make a motion to close the hearing and reserve decision to a later date most likely in two weeks' time on July 16th. Do I have a second? MEMBER LEHNERT : Second VICE CHAIR STEINBUGLER : All in favor? MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye VICE CHAIR STEINBUGLER : Aye CHAIRPERSON WEISMAN.: Aye HEARING#8130- JOHANNES DEBRUIJN VICE CHAIR STEINBUGLER : The next application before us is for Johannes DeBruijn #8130. A request for a variance from Article III Section 280-15, Article XXIII Section 280-124 and the Building Inspector's January 5, 2026 REVISED April 29, 2026 Notice of Disapproval based on an application for a permit to construct an accessory pool house and construct an accessory swimming pool at 1) pool house less than the code required minimum front yard setback of 35 feet, 2) swimming pool less than the code required minimum front yard setback of 35 feet, 3) exceeding maximum lot coverage of 20% located at 2525 Bay Shore Rd. in Greenport, NY. For the record I'll say that the relief requested is a pool house with a front yard setback of 21 feet where the code requires a minimum of 35 which is a 40%variance relief requested. A pool with a front yard setback of 9 feet where the code requires a minimum setback of 35 feet for 74.3% relief and the location,accessory structures on waterfront properties maybe located in the front yard provided they meet front yard principal setbacks which are not met at this case and lot coverage. Lot coverage of 22.39% where the code allows a maximum of 20%. Alright, good morning Jen would you like to address this? JENNIFER DELVAGLIO :Yes,good morning saved the best for last. I'm Jen Del Vaglio representing the client East End Pool King at 4400 Rt. 48 in Southold. This is a good one but I don't think it's as big as we think that it may be if you look at it and look at the neighborhood and actually Bay Shore Rd. specifically. I wanted to just give you a little bit of a back story on this. When I met 33 July 2, 2026 Regular Meeting with the client back in August the vision for this project was quite large and it has moved throughout the whole property and we're trying to do as minimal impact on the property as we can and be as conforming as possible.Just to give you a Segway it started out with a pool on the waterside, it started out with an elevated deck on the waterside then we ended up moving things to the back. We wanted a garage and the pool of course so once we started putting this altogether on a survey because the survey was so old that I started to see how the lot coverage was kind of creeping up to the 30% mark so the clients and I talked about it and I recommended that we really scale this project down to something that's much more kind of in kind with the neighborhood.We decreased the size of the pool,we removed the raised deck, we removed the garage and so now we I feel have kind of like a humble request for what we're asking which is a 12 X 24 swimming pool and a 12 X 16 pool house accessory structure just so that there is some storage space, a little bit of overflow. It's a young growing family and you can see how charming and cute the house is they need a little extra space. We did put together a couple of things because I know that to keep in kind with the neighborhood so I from what I can gather there are eleven pools that have been permitted on the street on Bay Shore Rd. Can I bring it up?So those are all of the pools, some of them have had variance relief requested, some of them have variances that we'll go over in just a minute. I wanted to also highlight all of the garages that are in the front yard on Bay Shore Rd. that are on the north side, waterside and there are I think about eleven. So, I have those as well for you. I tried to get as many surveys as I could so that you could see sorry Rob, Nick can you share with Rob? I think that the request is in keeping with . the character of Bay Shore Rd.there are a lot of people that have the swimming pools,there are a lot of people that have garages that don't meet the (inaudible) setback. To be specific over eleven and they're all highlighted with the tax map and an aerial so that you can take a look. Then if I could just take a second, I wanted to go over a couple of the properties that do have some nonconforming but approved accessory structures or swimming pools and I'll hand them all out to you. This one that was a merged lot so they have a pool in the side yard that was ZBA 7855 it's 2140 Bay Shore you'll see it on the documents that I handed out.They got approval for a side yard swimming pool. This one is also 870 Bay Shore Rd. and they are ZBA 7537 and they have a dwelling that is not within the setback for the front yard, they're at 31.5 feet instead of the 35 feet conforming. The last one that I just wanted to share is ZBA 7822 and the address is 1255 Bay Shore Rd. in Greenport and they have an accessory structure, swimming pool that is not meeting the side yard setback, it's located in a nonconforming location. That one was also approved but they're not they don't have as many requests as we're asking for. However,these are a little bit more in keeping with what we're looking at today. Leslie I'm sorry that you're not here, all my big work here today. CHAIRPERSON WEISMAN :That's okay, I'll get it from the office don't worry. 34 [ July 2, 2026 Regular Meeting JENNIFER DELVAGLIO : The ones that I gave you are for that I think have more in line with what we're asking, there's multiple requests for multiple variance relief so I wanted to just highlight them to give you an opportunity to review them and give you an opportunity to ask any questions and we can go over what we're asking for and see how we can make it all work. Do you want to walk through them or do you want a second to just look at them? VICE CHAIR STEINBUGLER : I think for me because I'm slow I don't think I'm going to be able to digest them to the standards that I hold for myself. While we all wait, I would probably sit down and make a table and calculate all the variances other than that I'll just ask cause I think what this application request and I appreciate all the research it really is it seems very thorough. A simple question perhaps is,for all the pools found along Bay Shore Rd. are any in the front yard? JENNIFER DELVAGLIO : No, they're not, side yards. VICE CHAIR STEINBUGLER : Side yards, there was one very visible in the side yard that I saw. Most of the other were hidden. The other question I have is, the relief requested here the magnitudes are fairly substantial particularly for the pool, I think it's a 74.3% you know request relief for the front yard setback and the pool house is also a fairly large variance of 40%. If I go through these and I will, will I find variances that are of that magnitude? JENNIFER DELVAGLIO : I don't know how to do those calculations that you are doing. I only know how to do lot coverage calculation so I'm not exactly sure but I can tell you that the ones that you're going to look at have multiple requests, most of them are asking for front yard variances and get them. Most of them are asking for or some of them are asking for an overage on lot coverage and did get them at least two got over the lot coverage. I think all of them have a front yard setback that they all were approved for and one has the side yard setback. You'll see that the four that I gave you do kind of mimic what we're asking for as far as like front yard maybe not quite as much cause I don't know how you're getting those numbers but I do know we have the two structures that we're asking for the variance relief of the front yard so I understand. MEMBER PLANAMENTO : I was going to say for me the crux of the matter is the examples you provided were all individual situations so what is the most important to the applicant? They wanted a garage, you say they needed storage, you say they want a pool but they want a pool house for storage? Is there what is and I understand this is the application before us but what is most important to the applicant? JENNIFER DELVAGLIO : Most important thing to the applicant would be the swimming pool for sure. I was thinking and I don't know if it makes it easier because I've been doing this for so long that if we can potentially shift the pool house if it ends up being able to be moved a little bit, if 35 July 2, 2026 Regular Meeting we shifted it up it can get us into a little bit less of a setback request. Everything is already so small that to take out two feet on the pool or MEMBER PLANAMENTO : It's (inaudible) lot JENNIFER DELVAGLIO : Yea, it is a tight lot and when you go there it looks smaller than it actually is because of the way that the fence is oriented. I think once that fence goes away, you're going to see that you have more space to do more things in that small area. We're trying to stay out of the Trustees jurisdiction also so we're being mindful of that 100-foot line, we have a water table issue, we're trying to be mindful of the water table so all of those thing's kind of come into play and that's how we kind of configured everything. If you think that it would be better for us to shrink or reduce the pool house or maybe shift the pool house we could. I don't really want and neither does the client to decrease the size of the pool because it's already pretty small. MEMBER PLANAMENTO : If I could ask two questions that maybe it was in the application and I didn't see it, questions number one, where is the septic system? JENNIFER DELVAGLIO : Good question, the septic system is located do you see where the gravel path is? MEMBER PLANAMENTO : Yea it says concrete cover. JENNIFER DELVAGLIO : Yep MEMBER PLANAMENTO : I was assuming that was that, so did you scale out the minimum 20- foot distance? So, the pool is outside of that 20-foot JENNIFER DELVAGLIO : We are close. MEMBER PLANAMENTO : That's what I was wondering how close or 22 or 26 feet but you feel that's compliant and there wouldn't be any sanitary issues? JENNIFER DELVAGLIO : No, the pool will be raised and the septic is lower. You can see I don't know if you can see on your MEMBER PLANAMENTO : I didn't understand how the pool, how high is the pool raised? JENNIFER DELVAGLIO : It's actually not raised on Bay Shore but it is going to be out of elevation but then we're going to grade it back down cause you can see the topo.The topo goes at there's a five-foot elevation marked that goes kind of through where that concrete cover is and then if you come up towards where the aerial is that's pointing to the pool that says 127.8 feet from the bulkhead, you can see a faint 6 foot, so I gain a foot elevation there. Then if you go to the corner of the pool where the 9-foot from Bay Shore Rd. is it's a 7-foot elevation. 361 July 2, 2026 Regular Meeting MEMBER PLANAMENTO : So the second question I have, within the lot not using the public right of way you illustrated that you're removing the existing driveway, where will the minimum parking requirement of two cars go? JENNIFER DELVAGLIO : That is replaced I know there's so much on there but Nick, if you look underneath MEMBER PLANAMENTO : Where the planter is. JENNIFER DELVAGLIO : Yea MEMBER PLANAMENTO : Is that sufficient for two cars? JENNIFER DELVAGLIO :They only need one. CHAIRPERSON WEISMAN : The code requires two. JENNIFER DELVAGLIO : Is there a code for how big the parking lot needs to be? VICE CHAIR STEINBUGLER : I think it does specify the length and width. MEMBER LEHNERT :The definitions call out the size of a parking space. CHAIRPERSON WEISMAN : I have a question, Jen you know we're all very familiar with that neighborhood and you're not going to find a swimming pool that close to the road anywhere there. I'm wondering if you the lot coverage is not uncommon you know in that area to have a little bit of excessive lot coverage but the somehow or another to me if the most important thing is the pool,they gotta push that pool way back closer to the house. I mean it's a little bit farther on one side cause the property line is not parallel to the street and so it's kind of a very oblique angle and that makes it much longer on one end than the other but I think that thing has to be pushed screened fully and then pushed way back closer to the house. If you can find room somewhere or a very small pool house. It's going to have to be again much closer to a side yard and tucked way back toward the house. I think it would be a good idea to maybe talk your client about an amended application. MEMBER PLANAMENTO : Logistically though Leslie, the problem that I see cause I was thinking about different ideas or what is more important, maybe the pool can be rotated so it runs parallel to the length where the shed is but I think the septic system is the problem. CHAIRPERSON WEISMAN : It is a problem. MEMBER PLANAMENTO : You can push the pool back, I mean Jen just (inaudible) 371 July 2, 2026 Regular Meeting VICE CHAIR STEINBUGLER : The concrete cover is right there in the middle. MEMBER PLANAMENTO : She's right there at that 20-foot distance so even if you were to you know shift the pool to where the shed is then you're totally into the septic area. I don't know. CHAIRPERSON WEISMAN : I don't either but that is so close to that road. MEMBER PLANAMENTO : If you remember there is an applicant on I want to call Manhasset over by where Brewers is where they want to have a pool a similar pool right at the corner. CHAIRPERSON WEISMAN : I remember it well. JENNIFER DELVAGLIO : I know that there are a few pools that are in front yards for sure and we can certainly pull them and see what kind of variance relief was requested for them. I was trying be more specific to Bay Shore Rd. when I was pulling all of my research because I thought that it was more important to be kind of indicative of what's going on in that specific neighborhood but if the question is more of like a front yard variance for a swimming pool, we certainly have them and I can certainly pull them and then CHAIRPERSON WEISMAN : Jen, I think you're absolutely right. The priors that people submit from all over the town are really not relevant to the subject application.We only wanted to look at the character of the neighborhood, the specific neighborhood and what was granted in that neighborhood. Obviously, lot sizes vary from neighborhood to neighborhood, some are waterfront some are not. I think you've done a very good job of finding what's relevant to this application with your submission though I of course haven't had a chance to look at it and we'll all need to look at it. I think if there's any way to mitigate that front yard setback somehow by bringing it further back it's just so in your face at 9 feet. JENNIFER DELVAGLIO :Well the good news is,the pool would be at grade so arguably it wouldn't be an obstruction that anyone would see and we would have it very heavily screened on that side. We even show like privacy screening, there would be the code compliant fence of course and then heavy shrubbery for privacy.We actually intend to go down the west side also to screen that side. The east side is all woods and it's just a ramp for boats that come and go so that side isn't really as big of a kind of contender for the screening but we can certainly put it there too. VICE CHAIR STEINBUGLER : Do we have anyone on Zoom? JESSICA RONYAN-GLASS : Hello, my name is Jessica Ronyan-Glass I'm one of the owners of 2625 Bay Shore Rd. First, I just want to say thank you for taking the time to look over the application. We know it's really confusing to even look at our end and we've just appreciate you taking the time to do it. I would like to say that we also love the character of our neighborhood,that's why 3 July 2, 2026 Regular Meeting we chose the house and we've moved there and if you notice we are one of the few houses on the block that has not applied for permits to renovate to make a huge house on a small plot because we love the character. We are a super active family;we love to be outside so that's why we are asking for this pool and we know it's a big ask and we just appreciate you guys taking the time to look at the application and give us your feedback and let us know what you guys think. We're working hard with Jen on trying to find a solution to meet all the criteria. At the end of the day the most important thing for us is just a pool,that's all. MEMBER PLANAMENTO : I was just going to ask, the distance from the actual roadway to the lot line approximately. It's not on the survey but what would you guesstimate it at? JENNIFER DELVAGLIO : Oh yea cause there is some yea over the shoulder, I mean I would say it's probably about 4-feet. MEMBER PLANAMENTO : Four, I was thinking a little bit more but VICE CHAIR STEINBUGLER : Oh yea, if I look at the 9-foot arrow MEMBER LEHNERT : It's more than 4-feet. JENNIFER DELVAGLIO : Where do you see it? MEMBER LEHNERT : If that's 9 JENNIFER DELVAGLIO : Are you saying that that's the road? MEMBER LEHNERT : Yea that's the road. MEMBER PLANAMENTO : No, Bay Shore Rd. the road width is supposed to be basically 50-feet to the lot line the principal road as it sits has a shoulder. JENNIFER DELVAGLIO : If I go to that line the waterline at the pool is at 28-feet. MEMBER PLANAMENTO : From the roadway. JENNIFER DELVAGLIO : From the road. If we can move the pool I would but just because of the water conditions and the septic I just feel like we really can't put it anywhere else that would be more fitting. MEMBER LEHNERT :Just scale it plus or minus 20-feet. VICE CHAIR STEINBUGLER :So,Jen would you like additional time to discuss this with your clients or is this where we are? 39 July 2, 2026 Regular Meeting JENNIFER DELVAGLIO : (inaudible)for some other suggestions? I know Leslie is wanting to see it moved, I don't really know how we can move it so is there another way that we could make this application more amenable to the Board for approval for the swimming pool? VICE CHAIR STEINBUGLER : I think folks have offered their concerns. I don't know if it's appropriate for us to offer recommendations but I think you can sense that there's hesitancy about the magnitude of the front yard setback. There's hesitancy about the location because I don't think that there are any other pools in this neighborhood in front yards. I know there are elsewhere in town for sure. MEMBER PLANAMENTO : But I don't think so close also, that's the problem. VICE CHAIR STEINBUGLER : Yes, the proximity so the magnitude of the variance MEMBER PLANAMENTO : And there's a little bit of bend in the road (inaudible) JENNIFER DELVAGLIO : Right now is this an issue of the location of the pool or is it that if we were to remove something or minimize something that it would make it easier because we're asking for less? VICE CHAIR STEINBUGLER : I can't speak for the whole Board but in my mind there is a location just the magnitude of the front yard setback is very large for the pool. I have to go back to my notes but I think the pool itself is asking for over 74% relief from the code. Then the front yard to me is also concerning because there just isn't one in the neighborhood and the ones that I've seen elsewhere in town that are in front yards are generally there's a little bit of room. So, it's like a combination, if it were to go in the front yard, I think you'd want it to be greater, farther from the road, closer to the house as Leslie described. MEMBER PLANAMENTO : Or meeting front yard setback. VICE CHAIR STEINBUGLER : Meeting front yard setback for the residence. MEMBER PLANAMENTO : This is just an awfully constrained lot which at first I can understand (inaudible) in what they'd like to achieve but at the same time my first thought is they've got a bay in the back yard. Let's talk about where the pool equipment is. I saw that there's a propane tank but CHAIRPERSON WEISMAN :Was there any thought given to possibly moving it closer to the house kind of(inaudible) side yard rotating the pool so that you know it was more in the side yard and pushed back? JENNIFER DELVAGLIO : Leslie, are you referring to the side yard that's the east or to the west? 40 July 2, 2026 Regular Meeting CHAIRPERSON WEISMAN : I guess west where the driveway is that you're going to remove. JENNIFER DELVAGLIO : I did consider that at first and that's where I had put it, then I was trying to be mindful of the elevations and figure out how to make it so that my pool was level because if I put it that way I have the 5-feet all the way up to the 7-feet so I have a 2-foot differential which I can manage. MEMBER PLANAMENTO : So, Leslie was just and I drifted reading the survey, she was describing if you rotated the pool and put it where the existing driveway is JENNIFER DELVAGLIO : That's what she's suggesting but then I would have MEMBER PLANAMENTO : The lot is longer at that side too. I was thinking the alternative where the shed is. JENNIFER DELVAGLIO : I don't know if I can get any MEMBER PLANAMENTO : The septic I think is still the problem. MEMBER LEHNERT : You're always dancing around the septic. Have you given a thought to rotating the pool and putting it where the proposed pool house is which would move it farther back off the road? JENNIFER DELVAGLIO : If I do that the 20-feet puts me see where it says 16 on the east side of the pool house we're actually in line with the one on the 12 so that would be and then I wouldn't maybe I can do my 3-foot setback. I could maybe sneak that in. MEMBER LEHNERT :That would give you a much farther setback from the road than 9-feet. MEMBER PLANAMENTO : (inaudible) pool house you'd have the two spaces that you need. VICE CHAIR STEINBUGLER : For the parking. MEMBER PLANAMENTO : This way you can keep the existing driveway. VICE CHAIR STEINBUGLER : What we can do is adjourn, right? MEMBER PLANAMENTO : Actually you can adjourn just to the Special, is that sufficient time for you to look at the alternatives and come up with maybe a new plan? JENNIFER DELVAGLIO : It's my birthday that day so I will make it happen and then I'll bring in (inaudible). July 2, 2026 Regular Meeting VICE CHAIR STEINBUGLER : I think we're good here, I think I'll make a motion to adjourn this public hearing to the MEMBER PLANAMENTO : I'm sorry and relative to the proposed pool equipment, it needs to be in a sound deadening enclosure or 20 feet from the lot line. JENNIFER DELVAGLIO : We're going to go with the first one Nick. MEMBER PLANAMENTO : Sure just as a reminder and then I didn't see where the dry well was. JENNIFER DELVAGLIO : It's up at the top corner, it's listed in the top corner kind of the arrow pointing under 59 degrees 48 feet 30 inches right at that top,top corner. MEMBER PLANAMENTO : So the handout that you just gave me that has the pool equipment is much more faint than the one that was in our packet. JENNIFER DELVAGLIO : I'm sorry. MEMBER PLANAMENTO : I would ask my fellow Board Members, did they see the dry well? MEMBER LEHNERT : I did not. MEMBER PLANAMENTO : Where is do you want to JENNIFER DELVAGLIO : This is very faint. Can I show you on this one, here's the and I'll get it done. MEMBER PLANAMENTO : So, it's under the existing driveway, or proposed to be under the existing driveway, right here. It's not on yours either. So, we need ultimately the final document so maybe you take the chance just to show parking spaces, dry well, pool equipment. CHAIRPERSON WEISMAN : The other thing is, if the pool house is getting the whole front yard cluttered, if the applicant is more concerned with the pool maybe the elimination of the pool house and just a better placement of the pool will get rid of the lot coverage entirely or make it really de minimus.Those I guess MEMBER PLANAMENTO : Leslie, not to design the project, I was thinking something similar.This is a 12 X 16 which actually requires a permit and because it doesn't meet the setbacks, if it was reduced to below the 144 sq.ft.that might also improve the just like a typical shed it still requires the setback not the setback, yes the setback relief but it might MEMBER LEHNERT : It's still in the front yard. 42. July 2, 2026 Regular Meeting MEMBER PLANAMENTO : Exactly, but you're not meeting the minimum front yard setback or it's smaller which may impact favorably the lot coverage also. This might be the opportunity for the applicant to review alternatives or to your point, remove it. CHAIRPERSON WEISMAN : It's a very challenging site to put something like this on there. Front yard, rear yard it's just difficult. I think Jen has all of our comments and you know it's probably very appropriate to just simply give them an opportunity to think this through and let us know what they want to do. JENNIFER DELVAGLIO : If I take the pool down to a 12 X 12 then you still need the request for a variance for the front yard but it won't count towards lot coverage, is that what we're (inaudible). MEMBER LEHNERT : It's 124 sq. ft. VICE CHAIR STEINBUGLER : If it's truly for storage that was the question that I was going to ask, is why do you need a pool house when the house is right there? JENNIFER DELVAGLIO : It was going to be a pool it was going to be like a pool house, like extra space for them to be but understood. CHAIRPERSON WEISMAN :That was part of the problem, you submitted plans for that structure and it's kind of you know kit of parts that's assembled on site and there's elevations but there is no floor plan. I don't have a clue what's inside that.building. I don't know if there's a half bath, if there's an outdoor shower, if there's anything it's just there is no floor plan. We need to know what you're proposing to use that interior for. MEMBER LEHNERT: If there's a bathroom or any plumbing you have to meet Health Department requirements, septic. JENNIFER DELVAGLIO : Okay, noted. MEMBER PLANAMENTO : Do you think two weeks is sufficient that you can get it? I think what would be fair to the Board which puts you in more of a rush but we need time to review it so if the special meeting in on the 16th we need it by like the 10th or whatever that Friday is before. MEMBER LEHNERT : Can we hold this to the next public hearing? VICE CHAIR STEINBUGLER : You would have maybe a little bit more time to discuss with your client and get the documentation together and we could rehear it at the next public hearing in well the next that's fair we can adjourn again if it's not ready. 431 July 2, 2026 Regular Meeting MEMBER PLANAMENTO : I think what we would say to meet the to be able to have a decision on the 16th we would need to have whatever you're resubmitting, altering whatever statement you wish to make no later than end of business day the loth of July or Kim I guess 3:30 maybe to be fair to the ladies or then it would be readjourned. VICE CHAIR STEINBUGLER : Adjourned to the next available public hearing. JENNIFER DELVAGLIO : Okay, thank you. VICE CHAIR STEINBUGLER : Okay, so I need to make a motion. I make a motion to adjourn this public hearing to the next our next special meeting on July 16th and I think that's all I need to do. I don't need to specify all the homework involved. Do I have a second? MEMBER PLANAMENTO : Second VICE CHAIR STEINBUGLER : All in favor? MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye VICE CHAIR STEINBUGLER : Aye CHAIRPERSON WEISMAN : Aye VICE CHAIR STEINBUGLER :The motion carries and we'll get something from you by the loth and if that creates difficulty we can always readjourn to the next available public hearing or the next special meeting. JENNIFER DELVAGLIO :Thank you very much. MEMBER PLANAMENTO : One thing that Jen gave us which I find very interesting, Leslie you don't have the benefit of this but the prior application Mallas,Jen cited Mallas the 2022 decision. Unlike most decisions she actually included a survey that illustrates what was granted.The shed is in the existing location that they're now applying for so to your point it should have been covered by the original variance relief. CHAIRPERSON WEISMAN : I thought I saw that there. MEMBER PLANAMENTO : That is the weirdest thing. CHAIRPERSON WEISMAN : There were so many accessory structures on that property. 441 July 2, 2026 Regular Meeting VICE CHAIR STEINBUGLER : We have Resolutions to do. Resolution for the next Regular Meeting with public hearings to be held Thursday, August 6, 2026, so moved. MEMBER LEHNERT : Second VICE CHAIR STEINBUGLER : All in favor? MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye VICE CHAIR STEINBUGLER : Aye CHAIRPERSON WEISMAN : Aye VICE CHAIR STEINBUGLER : Resolution to approve the Minutes from the Special Meeting held June 18, 2026 so moved. MEMBER PLANAMENTO : Second VICE CHAIR STEINBUGLER : All in favor? MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye VICE CHAIR STEINBUGLER : Aye CHAIRPERSON WEISMAN : Aye VICE CHAIR STEINBUGLER : Motion to close the meeting. MEMBER LEHNERT : Second VICE CHAIR STEINBUGLER : All in favor? MEMBER LEHNERT : Aye MEMBER PLANAMENTO : Aye VICE CHAIR STEINBUGLER : Aye CHAIRPERSON WEISMAN : Aye 4.5 July 2, 2026 Regular Meeting CERTIFICATION I Elizabeth Sakarellos, certify that the foregoing transcript of tape-recorded Public Hearings was prepared using required electronic transcription equipment and is a true and accurate record of Hearings. Signature Elizabeth Sakarellos DATE :July 9, 2026 46