001zoning board, you guys are live. Good morning and welcome to the zoning board of appeals meeting for Friday, May 9th. Uh we have the minutes from April 11th, 2025. May I have a motion? So moved. Second, please. Second. All in favor? Hi, we have three determinations today and the entire files are available at village hall in the application of Jack Levy and Francis W. Levy 39 Georgia road suffer county tax map number 301-8-12-30.3 to modify a zoning board of appeals determination dated July 8th 2022 to redesign a previously approved accessory dwelling unit as granted. May I have a motion? So move second. Second. Gabby, can you please call the board? Mr. Merger, yes. Mrs. Mr. McMullen, yes. Mr. Baris, yes. Miss Fitz Simons, yes. In the application of Phyllis J. Berger, Phyllis J. Berke Trust
002and the Georgia New York Trust 44 Georgia Road Suffach County tax map number 301-7-3-4 for wetlands permits and variance to legalize two slate patios is granted with respect to the existing patio next to the pool and the existing patio next to the house upon the condition that the existing patio located 14.4 ft from the wetlands is removed with hand tools only. Accordingly, the motion of the application is deemed withdrawn as otherwise denied. May I have a motion? So moved. Second. Second. Abby, can you please pull the board? Mr. McGherk, yes. Mr. McMullen, yes. Mr. Baris, yes. Miss Fitz Simons, yes. Okay. Okay. And the last determination in the application of Sea Spray East Hampton LLC 20 Gracie Lane, Suffach County Tax Map number 301-13-12-12 for coastal erosion hazard area permit and variance to legalize the
003installation and maintenance of an existing sculpture is granted. May I have a motion? So moved. Second, please. Second. Gabby, can you pull the board? Mr. Mcgherk? Yes. Mr. McMullen? Yes. Mr. Baris? Yes. Miss Fitz Simons? Yes. Uh, we have one in German today. Sky is the limit LLC, 152 Monttok Highway. Oh, okay. Thank you. Uh, and we have uh two applications that have to be renowned. 64 we Acquisitions LLC, 64 West End Road and Woods Lane Holdings LLC, 12 Woods Lane. And we have a continued hearing for 2011 CHR Holdings LLC 2011 Kofavo Road. Good morning. Um Jackie Hubard here from Timmy Le Kelly Duven and Quer Riverhead on behalf of the applicant. We were uh here before you speak into the microphone. Yeah, we were here before you. Sorry, apologies. Um last month uh
004on this application uh in the interim we submitted new plans um yes for this one um apologies just the next one. Um we submitted new new plans uh in the interim to reflect the removal of that proposed uh conditioned space in the basement. Uh, and as of now, we are only before you for those two remaining variance requests uh for the um both sideyards for the proposed garage. Okay. Um I'd like to Would you condition the space in the basement not just to be basement? Can we do that, Billy? Um the basement. Can we condition it just to be basement or or it has to be basement? Yep. Good morning, chairman, members of the board. So, I think the board's concern last time was that it was being used for habitable purposes for, you know,
005like a gymnasium and other uses. So, if you, you know, if you're inclined to grant relief for the actual structure and you want to impose conditions on the use of the basement being just used for storage as a unfinished basement, that's I think that's the board's prerogative. Okay. Thank you. I think um I think when we were talking before when we were referring to storage, we were looking for just an open space, not sectioned off with um walls and closets and um different areas. I don't know if that's everyone else. And can we just go to Joe? Can you make a comment on the or or Tom on the walls in the basement? Can you make a comment on that? Good morning, uh, members of Mr. Chairman, members of the board. So, um, the clear
006is the code's, you know, fairly clear as far as um the creation of rooms um in in storage areas. So, it's we would, you know, look to have it be one room really realistically. I mean, um, that's how we, you know, it's similar, but not the same as a pool house. Um, as far as, you know, if there's other rooms and mechanical areas would be allowed to partition for mechanical. Um, generally not necessary. Yeah. Any any questions to Tom? No. Thank you, Tom. [Applause] Is that something that the applicant would be amanable to just making it one open room rather than all the closets? I believe so. I obviously have to confirm with them, but um we can definitely discuss it with them. Would you prefer to have it left open again or we can
007leave it open for or would you want to just do should we only do it for an additional written submission or we can leave it open to get your answer regarding the you know because we're we're going to we don't want the rooms at all. So it's going to be so do you want to talk to your client? That's fine. Okay. Thank you. All right. Thank you. And the new hearings for today, we have uh 26 West End Road LLC, 26 West End Road. Application of 26 West End Road LLC, Suffach County Tax Map number 301-15-3-7.1 for a variance from chapter 278 zoning, a wetlands permit in accordance with chapter 163 to cut fragmitees. The variance is requested from section 2783A88 and a wetlands permit in accordance with the standard set forth in section 163-3
008to permit the cutting of fragmitees utilizing handheld tools and equipment within a wetland and to plant vegetation within aent within and adjacent to a wetland. The subject property contains 71,347 square ft of area and is located at 26 West End Road and is in residence district R160. the property fronts in on Georgia pond and this project is classified as an unlisted action in accordance with SRA and then I'm just going to state who's sitting on this application for the record. Mr. Mcgherk, Mr. McMullen, Mr. Baris, Miss Fitz Simons, and Mr. Carmeli. Okay. Well, again, uh Jackie Hubard here on behalf of the applicant uh from Timmy Leam Shay, Kelly Dan Guerrero. I do have the affidavit if I come approach and hand that to Gabby. And while she's handing out the affidate, um, we have
009a memo from Billy from May 8, 2025. You received that? I did receive it, um, last night. I haven't had a chance to discuss it with the client, but received. Yep. And that's kind of where I wanted to go, see where you were, see where you're at with the client. Okay. Yeah, we I I had um Billy had given us the courtesy of speaking of relaying to us earlier in the week that there would be that would be proposal, but he only sent out the actual um width last night. So, I had mentioned to the client about the the general idea of a buffer. Um but need to talk to them further about it regarding the width and all of that. Um I do also have Jim Grimes here to available to speak to you
010about the um the plan that we did submit. There's any questions about that? Okay. Um, you like to hear from Jimmy, everybody? Um, I think I'd like to hear from Billy. Okay. I don't know if everybody's seen the [Applause] memo. Oh, that's okay. Good morning, board members. Billy Hack for the village. Um I I won't have I won't you know regurgitate the memo to you but if you have any specific questions for me um I'd be happy to try to answer them. Um so the main port point of that memo was um due to the fact the fragmitees have kind of encroached on the lawn but the lawn actually goes right to the fragmitees um once these fragmitees are gone the ability to keep that bank intact is going to be kind of incompromised. Um
011that's yeah one point. I mean you're the the fragmitees are the only buffer between the lawn and Georgia pond. So if you're repeatedly mowing the fragmitees for multiple years you're you're eliminating what little buffer exists right now. So that should be reinforced with removal of at least some of the lawn. Um and I I've just proposed a 25 foot buffer. I you know I'm looking at the amount of fragmitees that exists and it's you know there's no written rule as to how much buffer is appropriate although our code requires 125 ft um you know buffer area for not having lawn or uh irrigation or fertil you know applying fertilizers here they have there's 150 ft of lawn area between their improvements and the and the uh pond so I just decided I think 25 ft
012appears to be appropriate. It doesn't really affect or impinge, I don't think, on their usability of their property, but that's for the applicant to decide. And you're proposing native grasses and native shrubs. Yeah, I think you could do a really nice mix of of herbaceous vegetation and some shrubs. And um in similar projects, you know, we've the board has allowed shrubs to be maintained at a height of four feet so as to not in infringe on view sheds which is going to be lower than the existing fragmitees. Yeah, I think the fragmitees are probably eight, seven, eight feet in height. There is a a deer fence there. I It's called out to be removed. Um, you know, I don't want to assume that it's going to be put back at some point in the future,
013but perhaps it's a good time to memorialize the deer fence. It could be creatively weaved into the reveation and screened by the reveation and then it becomes more of a a legalized permanent feature that might help everybody. Great. And with this rev plan, you had I saw you had in there that you were uh requesting a a two-year um time limit for the irrigation or watering of the new plants. Um which is standard pretty much, right? Okay. Great. Yeah. Thank you. Any other questions for Billy? Mr. Grimes had his hand up. So piece with respect to fencing. The only thing I think would be wise. I got to swear again here. Oh, I'm sorry. Um, please raise your right hand and state your name and address for the record. Uh, James C. Grimes, Montalk, New
014York. Thank you. Do you swear to tell the truth, the whole truth, and nothing but the truth? Pretty much. Yes. With respect to the fencing, the only thing I think that would be wise for the applicant to ask for is for some temporary fencing and it could be tied in with the irrigation for two years. just to keep geese and the deer off of the plantings during the period of establishment. Our experience in these areas is that if you leave these plantings solely to nature, the geese come in and pull out all the little plants and the deer come in and pull out all the bigger plants. So if we could be allowed to do that um for that first two years of establishment um that you know that would be a u would would
015push this in terms you know the long the goal here is for a successful shoreline and buffer planting so that we don't have a client or an applicant that a couple years down the road's looking to go back to perhaps what they had. That's all I have. Thank you. Thanks. So, uh, Jacqueline, we'll keep this open. I assume you have to talk to your clients. Um, obviously take into consideration the deer fencing. Um, and the timeline on that and, uh, and maybe come back with a planting plan or the buffer. Okay, great. I I was going to ask if you preferred us to come back with that new plan in at that time. Okay. Really, we'd like to see I mean, yeah, we'd like to see a plan. Okay. Thank you. Thank you. And uh
016I'm not sitting on this hearing. So Mr. McMullen's got a application of Brian Stannis Suffach County Tax Map number 301-8-4-41 for area variances from chapter 278 zoning to construct a single family residence and accessory buildings and structures. A 312 foot variance is requested from section 278-3A13A to construct a residence containing 2,195 square ft of gross floor area where the maximum permitted gross floor area is 1,883 ft. A 1007 foot variance is requested from section 2783A9A to permit 2353 ft of coverage for the maximum permitted coverage is 2,166 square feet. 5 foot variance is requested from section 2783A5C to construct a swimming pool 15 feet from the rear yard lot where the required rear yard setback is 20 ft. The subject property is 8,334 square ft in area and is located at 74 Milh Hill Lane
017and residents district R40. This project is classified as a type 2 action in accordance with CRF and then I'm just going to state who's sitting. Um Mr. McMullen, Mr. Baris Misfit Simons and Mr. Darko. Morning, Jonathan. Morning. It's John Tarbet. I'm here representing Brian Stannis, and what we're looking to do is redevelop a property, which if you made it there this week, you probably saw it's it's an eyesore at this point. Uh, as part of the process, we're looking to eliminate some existing pre-existing legal non-conformities. Uh, one is that the garage in the back of the property which has a CO to for plumbing, heating, electrical, and could probably be used as a cottage. Uh, we are not going we're going to abandon that that use as a cottage uh and just uh make it
018into a garage, rebuild it for what it is now. We're also going to make that uh more conforming as far as removing it a little bit. You know, nothing substantial. It's a small property. You can only get so far, but we're going to make it more conforming than it is now as regards setbacks. The last co for the property was 2008 and it had 2,800 square feet of coverage. So while we are still proposing to be overall allowable coverage, it would be about a 500 square foot reduction in what was the coverage in 2008 when the last CO was issued. The existing house is one story. We are looking to uh it also is too close to the sideyard. So we're looking to bring that uh that the new house will meet sideyard setbacks. prior
019to uh any submission of the application, we went to all the surrounding neighbors and spoke to them and showed them the plans and they didn't simply not object or say they have no objections. They actually wrote pretty um pretty detailed letters to the board for why they think the new house will be in keeping with the charact the neighborhood in addition to the street. One of whom there's all the adjacent neighbors including the one across the street we spoke to and got letters from. Uh behind us is the Brown family. Uh, and then to our if you're facing the house to the right is actually a man who is a um his job as a historic preservation consultant. And his letter I thought was was pretty interesting and and and well written for why he
020thinks it'll be an improvement to the street if we're able to build what we're asking for. So the big ask is a gross floor area variance which um it's a small lot. The house is only the proposed house is only 21.95. Uh it's one of the small it would be one of the smallest houses on the street and the the essentially the the extra gross bar area we're looking for is a one-story addition off the back. Um I do have Brian Stannis here and I have the architect here if you have any questions. Um my my first concern is this is a a brand new build. Um, and being a brand new build, you're already going over the GFA allowed. Um, my second question is I see the swimming pool needs a a 5-ft variance.
021Um, I'm assuming that it's designed in a way that it's centered on the garage. Um, but there is room to actually put it in a conforming location. Um, I don't know what the other board members think, but I could if I could just add on the pool. Um, I think one of the worst things about pools is the noise from pool equipment. We are proposing to put the pool equipment in the basement of of the garage. And we did reach out to the Brown family and one of their biggest concerns was they said, "Hey, where is the where the Brown family is a family who would be impacted by the uh the rear yard variance of the pool?" And their first question was um uh where's the pool equipment going? And we were like, "Well,
022it's going in the basement." So there will be no noise associated with any pool equipment. Okay. Does anybody have anything to say? I I have the same concerns. Just the fact that this is a brand new building. You know, these are pretty large variances to be requesting for a new build. That's my feeling. I think they're over by 16 and a half% of what's allowed. Of course, when you start with a really small lot, the percentage like um it's it's a it's essentially uh like 300 square feet, which is a one-story addition to the back of the house, which you can't see from the street. So, you can you can you can build a new house that complies with zoning that everybody would think is too big by boxing it out. You know how that
023works, right? We we see houses that comply with zoning. We're like, well, how you know, that's an ugly house. How does that fit in? Or you can design a house that uh needs a a small 300 foot variance, which is off the back. Um, this this house was specifically designed to be very much in keeping with Milh Hill, which is why all the neighbors wrote these letters specifically not just saying we don't object, but saying, "Hey, this would be great for our street and that who's better to judge the character in the neighborhood than than the adjacent neighbors." Andy, uh, I think you kind of hit the nail on the head when you said it's a big ask. So I think you I would agree with the fellow board members and uh I think you
024should we should keep it open and uh maybe just come back with something less than 16%. Joseph anything to add agree with anything on the side. Okay. Um so I think it's it's pretty clear the board has some concerns even though it's only 300 square ft because the property is so small. Um it is a big ask. Um I would ask that you kind of come back and in the best interest of this application I think trying to make something that is conforming GFA wise would be better. Everybody agree. Okay. Um I will come back. Thank you. I I did want to add one more thing which I did submit a pretty extensive list of all the gross floor variances which were for the street. Um hopefully the board saw those. Yes granted. Okay. Yeah.
025All right. Um, did do you guys want to have anything? Yeah. Brian. All right. So, uh, Brian, stand a seat will speak. Sure. Swear you. Um, please raise your right hand and state your name and address for the record. Uh, Brian Stannis, 74 mil Hill, Eastampton. Thank you. Do you swear to tell the truth, the whole truth, and nothing but the truth? I do. Thank you. Good. Uh, good morning, rather. Um, Brian Stannis, uh, the owner of the property. I've seen some of you before obviously I live over on Pleasant Lane currently. Um this is the exact same size property that we have on Pleasant 0.19 of an acre. Um lived in the village now for since 2010 over at 17 Pleasant since uh 2018. Um we developed our property on Pleasant Lane. Um roughly
026about the same size house as this um in order to like kind of start a family. Um we recently had the opportunity to move on from Pleasant um to a much more picturesque street. Uh I think probably one of the most beautiful streets in the village. Um and in doing so, we kind of developed this um project where obviously these are these are asks that are little outside of the um the box. However, they were kind of in the same realm of what we had asked for in the past. And the biggest thing was that drove the GFA variance was the ability to put a third bedroom on the second floor. Um, our neighbor to the left, Mr. Liss, has a house that is probably to the foot of what's allowed. Um, and he wasn't
027able to fit that third bedroom on the second floor. And in trying to start a family, the biggest thing obviously for children and having them close to you on the second floor is really what drove that um that GFA variance. Now, we try to keep obviously any of the large um sight lines and everything from the road hidden, which is why we did that one story off the rear. Um and so um that's kind of really what like drove most of the design. I think you guys actually hit on it um exactly with the pool. The only request for that was obviously the aesthetic of centering it on the the current garage. Um so that was the deal with that. Um, and just in comparisonwise to the house that's next door, uh, Mr. Liss, who's
028also about 0.19 of an acre, our house would actually be no larger from the street view than that house comparatively. So the only piece would really be that back piece that would not be visible at all with obviously being a landscaper, um, would not be able to see anything from the the roadside. So I just wanted to add that. Great. So thank you very much. Thank you. Thank you. Okay. So, we will keep the uh application open until next meeting. Um I don't need to vote on that. All right. Um so, the next order of business is to close the hearing. Do I have a motion? Close the meeting. Close the meeting. Yes. Motion to close. Close the meeting. Second. Second. All in favor. Thank you. Thank you guys.