Zoning Board of Appeals (zba) - Regular Meeting

into the rules and procedures that will follow for tonight's meeting.

Good evening and welcome to tonight's meeting of the Town of Babylon Zoning Board of Appeals. The following is the procedure that will be followed tonight. The matters will be called in the order they appear on the calendar with adjourned matters being called at the end of the regularly scheduled matters. Matters cannot be heard prior to their published scheduled time. When your matter is called, please submit the affidavit of posting to the secretary and proceed to the podium and give your name and address. The chairperson will then swear you in and read into the record information we have from your application, comments from various town departments and any correspondence received on your application. The chairperson will then ask you to make whatever presentation you wish to make to the board. After you have made your presentation, the board will ask whatever questions the board deems appropriate and then we will ask for comments from the public. If you wish to speak for or against an application, we ask that you wait until you're acknowledged, come forward, give us your name and address, tell us where your property is in relation to the property that's in question tonight, and then please direct your comments to the board, not the applicant or the applicant's representative. We have to keep a record and we cannot do that if there are people talking over each other or cross conversations. If someone has spoken for or against an application and they have said exactly the same thing that you wish to say, it will have the same force and effect in the record if you give your name and address, are sworn in, and say that you join in those comments. If you have anything additional to say, please don't hesitate to do so. But keep in mind that you will be given only one opportunity to speak. After the public has spoken, the board may ask the applicant to come back to answer any questions that may have come up as a result of the public comments or for the applicant to summarize. When the applicant comes back to answer any

additional questions, if that happens, that does not start a second round of public comments. Once the matter has been heard, various things may occur. The board may decide the application immediately. It may reserve decision. If the board reserves decision, that does not mean the matter is approved or denied. It just means that the board needs more time to decide, may want to go out and look at the site again, or might want to review the documents and testimony further before making a decision. In either event, the applicant will receive the board's decision in writing shortly after the board makes its decision. If the application is approved, that does not mean that you can then go ahead and start construction or whatever it is that you requested from the board. You will have to wait for the building permit to be obtained from the building department before your go- ahead. On some occasions, the matter may be continued for another night. If it is continued, in most cases, it will be for the submission of documents, a new survey, new plans, or something of that nature. If that's the case, no one needs to come back on the new date. The documents will be submitted and no further testimony will be taken. On rare occasions, a matter may be continued for future testimony. If that's the case, then people would have to come back to testify. If matters are adjourned at an open meeting on the scheduled date of hearing, no further notice need be given unless specifically required by the board on the date the adjournment is granted. Three rules that may affect your ability to proceed tonight. One, if the sign was not posted for 10 days, we cannot hold the hearing tonight. Two, if you commence this proceeding while you own the property, but no longer own the property, and you are here now to continue with the

application, you will need either the written consent of the new owner or the new owner to be present for the hearing. This situation could come about if you sold your house or building, money was held in escrow at closing for a certificate of occupancy or permit, and you're here tonight to clear that up. Lastly, if your application is a commercial application and it's other than a renewal and there is more than one tenant in the building, then you need your landlord to be here. Is there any applicant that has any difficulty with those situations and would need an adjournment tonight?

Is there anyone who would need an adjournment? Please rise and join the board in the pledge of allegiance. First application tonight is application 25185 of Oliver P. Quartier Revoke Revocable Trust property located in Wheatley Heights. Name and [snorts] address to the record, please. Karen Crew, 162 North 21st Street, Wheatley Heights, New York 11798. Okay.

You do affirm and tell the truth. Yes, I do. We have a planning division memo dated December 11, 2025. Environmental control memo dated December 17, 2025. If approved, this application will not result in significant impact. A survey by Meets and Bound Surveying dated August 28th, 2024. Tax has an area map. And we have five photographs and a set of plans from registered architect Daryl E. Cook dated November 12th, 2025. Would you like to tell us about the application?

Yes. Um I also would like to submit a set of pictures if you don't mind as well because part of it is this. Um my husband passed away about three years, actually three years on Christmas Eve this year. And my mother who has lived with me for the last eight years has um my parents lived there before. My mother is now residing with me. And one of the reasons why I'm asking for the deck is that my mother at 8 89 and 88 had her knees down right and left knee and a partial shoulder done in 91 years old. She's sharp as attack. Okay, this is her here. She uses that deck outside to walk around. We have tried to walk on the sidewalk and I have pictures with there as well. And in the undelating ground with her rollolator, she goes in and out and can fall. So the deck allows her to come outside, sit down and enjoy the backyard. The the gazebo that is there in the summertime, mosquitoes, we know that that's a big problem. She's able to sit out there with her great grandchildren of which the numbers are increasing every year. We just had two this year. And my house is the holding house for everybody there. I have lived at that house for 34 to 35 years. We are the original owners of that house. Um it's it will still be my house eventually when she passes on. And I want you to know both of our siblings. She has seven sisters. Three of them has lived to over 100. So we expect her to follow through and probably be around the same age. Okay? And so this is why I'm asking for the extension for the deck because it allows for her to come outside safely. without any issues and not having me constantly like the helicopter daughter that I can be at times and I'm also a nurse practitioner so I play a lot into that role. So in that increase would allow her to have that and also the gazebo of which there's I see that there's two here but I don't know if

they call the where you put the barbecue grill a gazebo as well but there's really one gazebo that I consider a gazebo but I think they consider two things there. So I'm asking for that to be there as well. um to be allowed the basement as I'm going through the application here from we have lived in that house for 34 years. That basement had a bathroom and we're asking for that to be restored with the fire damage that occurred last year in that house and we have not been we're waiting for that to be complete to move back in there. Um, when I came here the last time, we are removing the pavers that are around the side. And we're going to put grass back there instead of the pavers that went around there, which allowed her to actually walk around that whole house. She literally could come out the door and she'd walk around that entire house and do her miles. Okay. And so we're removing the pavers so she won't be able to that part will not be an option. She'll walk up and down where the deck area is right there. Can I submit this me time at the same time so you can see my mom ask her her her um her birth certificate and and her ID

you were here back in uh October right? Yes. So you moved uh the pave was back so two foot right around and the sheds will be removed the sheds that are there. Yes, they're going to be removed. Okay. We were to approve this, we would put a condition that the decks, the gazebo not being closed. Would you agree to that? Yes. [snorts]

So, talk to me about the basement. Now, the basement has been we've been there 34 years. My kids use it as at the time they're not kids anymore. They're grown children 42 and 43 and 41. My grandchildren when they come everybody goes down there. It's just an open space with a bathroom that has been there. And um when we bought the house at the time it was there and we we use it at a space that the kids could go in there and be in their own area. And the same thing applies now. Now, when my nieces, my nephew, grandchildren come, the house is still the family house with all of those things there. What's in the bathroom? Is it just a two-piece or

No, it's a it's now I'm going to inst No, it's going to be a walk-in shower. Just a shower. The bathroom shower and sink. Yes. Yes. Any other questions from the board? Would anyone like to be heard on this application? Record. There are none. Um I'll make a motion to approve application 25185 with a condition on the face of the co that the decks and gazeos not be enclosed. Favor. Good luck.

Thank you. Next application. Application 25229 of Howard and Nessen Holess property located in COPE.

Hi, good afternoon. Name and address for the record, please. Um 355 Malloy Street, Copen, New York. I need your name. Nisha Holdness and Howard Holdness. Okay. And do you both affirm to tell the truth? Yes.

Yes. For the record, we have a planning division memo dated December 9th, 2025. Environmental control memo dated September 17, 2025. If approved, this application will not result in significant impact. Survey by it's dated December 18th, 1968. It's not really by anybody. Uh tax as an area map and and Mr. Chairman, we have eight photographs and a site by Matthew Charles Bush dated October 8th, 2025.

Would you like to tell us about the application?

Sure. Um, so we acknowledge that the carport was built without prior um, zoning approval and we take full responsibility for that. Um, it was never our intention to violate the code. Um, the carport was built in necessity. A large pine tree of my neighbor, it overhangs on our property and we constantly um, have to clean up and it has damaged our vehicles. Um, while we do have a single car port garage, I know in the letter that was sent to us, it's saying it's a double, but I have um the photos to show that it's a single car port garage, and we do have multiple vehicles. Um, we understand each applicant is view on its own merit. However, single similar carports have been built at the same time across the street from us. And um we believe to show our request to be consistent with the character of the neighborhood. We have since installed um the gutter to the property um to properly manage the runoffs so it doesn't go in our neighbors um yard and um we're willing to comply with any reasonable condition the board may impose. Um, we ask for the board to grant approval for the variance.

Okay. Thank you. Turn a hearing over to Mr. Delawia. Good evening. How are you? Hi. Um, I was there today. It's a very well-kept yard. Um, I can see why you erected the carport as the car is beautiful. Um, did you not know that you would need a building permit to erect such a structure? No, we did not. The reason why? because it was open. We thought that we could just cover it. Cover it. Um I did see that you did put in gutters, but the issue is with the gutters, your downspout is directly on the property line. So all that runoff, okay,

can go either direction onto your neighbors or back onto yours. It's not angled any which way. It's just straight down right at the bottom of the carport, which we've since corrected. So I have the Today I saw it. We have the the little thing that turn it wasn't turned. Okay. Maybe when you shovel snow. I don't know. I'm just saying I was there today. Is it something that can be um fixed? I mean, truthfully, I would like to see it at least cut back two feet. So, I was in the neighborhood and I did not see any other carports. Um I have a photo showing the one right across the street from our neighbor. Yeah, that's the one on the the corner,

northwest corner. Yes. Yeah, I was I seen that. I think that's more of a um overhang. I don't know. I didn't see any cars under it, but do you know if they have a a variant or a permit for that? Um no, that's what we thought because it was built at the same time we did ours. Yeah. Maybe, you know, I'm just guessing here. They maybe have not had a complaint yet either. And you know, they could be before this board also. Um, another thing is how come you guys can't just open the gate and drive your cars into the backyard into the into the other garage?

So, it's a one um I know like um it on the letter it stated in that it's a two two um car garage, but it's actually a one as I have photos to prove that. And we have six cars. And we have six cars between us and our children. Would you be able to cut it back two feet? We wouldn't be able to pass the car through the car. Um it's just that you're at zero now. That's something if you can cut it back two feet. I'm not saying it would be approved, but it would increase your chances.

Okay, that would help. And then it also say that is an unmitted accessory structure on the property. It's a prefab um metal and it's movable. Yes. Agree to not enclose it% 100%. Can we can we at least have the occasional

Okay. Would you also agree that if we approved it to not further enclose the carport? No. Would you agree to cut it back from the property line? We have a foot line. Okay. We would just need plans showing that you're cutting it back to that zoning office.

Okay. You have to merge lots numbers 0100-177-31 and 32. You have two lots on the property.

Oh yeah, that's how we purchase the property. That would also be a condition along with no enclosure or the carport. Okay. Do we have to go through the town to do the merge?

Okay.

Cutting back the carport two feet. further enclosure of the casino.

Okay.

Any other questions from the board? Would anyone like to be heard on this application? Have a seat. Name and address. Name and address for the record, please. Moren Scott Witenham, 288 Garbaldi Avenue, and I'm the neighbor. You refer to Tell the Truth? Yes. Okay. What would you like to tell us about the application? um after seeing you know the way the aerial is done and listening to Stephen yes

I would agree with what you're saying because of the the property line so it's definitely over and that also the garage um is also over on the property line I know we're not here for that and with the comment that was made about the tree and stuff like that the tree Well, he had said about the tree that came over and stuff like that, whatever. So, to Oh, I'm sorry. So, to accommodate the carport, what did happen was that

the tree was I think you have pictures that probably show what it looks like. So, it was really dug into to accommodate that accommodate that overhang, you know, and I did speak to my neighbor about it. You know, I was very upset that he dug into it that much because it it um carpet does overhang and everything will be coming over and um I agree what you're saying to have it cut back two feet because the line if I was to put a fence up then my fence would be you know they would be Yeah. more than up against it. Yeah. [snorts]

Of course. Of course not allowed to go over your

It was It was I mean the pictures I think you have pictures that show us exactly how it was um how it was done which I like I said I was very upset about that and I do know survey wise just looking at the aerial on your screen that it's over. No, but on the survey you could, you know, I know my fence is here and then the line is, you know, over more where their um said car porch is. So that's it. I just want to say what you said.

Oh, would anyone else like to be heard on this application? The record, there are none. We are going to close the hearing. Reserve decision. You'll get the decision in the mail. All right. Thanks for coming down. Next application is application 25225 of Thomas K and Diane Gear property located in West Babylon. Name and address for the record, please. Hi, I'm Tom Greer and this is Dina Greer, my wife. 1453 12 Street, West Babylon, New York. And you both affirm to tell the truth. Yes.

For the record, we have a landing memo dated December 9th, 2025. Environmental control memo dated December 17, 2025. If approved, this application will not result in significant impact. A survey by Paul Barowski dated August 7th, 2025. Tax map acting as an area map. And and Mr. Chairman, we have six photographs and a survey by Paul Bariliski. land surveying dated August 7th, 2025. Would you like to tell us about the application?

Yeah, sure. Uh my wife and I have been lifelong Babylon residents, and uh we met here, got married here, raised our kids here, and this is the only house we've ever owned. We're going to be retiring soon, and we want to put a pool in to enjoy the summer. Right now, it's over the the uh building lot percentage. I think it's only by 67 feet because I guess it was grandfathered from the prior. It's either that or it's 167 square feet, but I think it's the 600. So, we'd like to get approval to be able to build I've never done this before to be able to build uh put the pool in. And everything will be set back. It'll be patios will be two feet from the property line, but it'll be actually be more be closer to three or three and a half ft from the property. turn a hearing over to Mr. Shipper.

All right. How are you? I recently retired and I'm jealous. [laughter] Listen, I'm my kids are going to have children. I want I'm enticing them with grandchildren to come. So, you agree to have the setbacks minimum and two feet off all property? Yes. You have a contractor? Yes. I have no further questions, Mr. Any other questions from the board? Would anyone like to be heard on this application? The record there are none. Okay.

[laughter] Thank you. It's a mistake on the calculation. That's all. Mr. Chairman, I'll make a motion to approve application25. Excellent. Thank you very much. Enjoy your holidays.

Application is application 25227 of Lorraine and Melissa Harris. Uh property located in West B. Name and address for the record, please. Good evening. Name and address for everybody. I'm Miguel Ramirez. I'm the architect project manager and also the attorney to represent the owner. Uh the owner is here with me too.

My address is uh 33 Lemon Place, West Babylon, New York 11704. I'm across the street of this house and they are my my neighbor. Okay. It's my pleasure to help them because the house now is going to looks very nice. Okay. Okay. Um ma'am, you going to speak? Are you going to speak at all? Are you No. [laughter] Do you affirm to tell the truth? You affirm to tell the truth, right? Yes.

Yes. Okay. For the record, we have a planning division memo dated December 9th, 2025. Environmental control memo dated December 17, 2025. If approved, this application will not result in significant impact. Survey by Donald N dated June 4th, 1991 tax map acting as an area map. And and Mr. Chairman, we have five photographs and a survey by Donald El Malm dated June 4th of 91 and a plot plan by Miguel Ramirez dated August 2025.

Okay. Would you like what would you like to tell us about the application? Uh yes actually uh the substance of this application is just uh add a second story to the existing onestory house and then uh we also regarding to the uh variances we are keeping uh exactly what we are proposing the existing house footprint also the uh proposed second floor is smaller in area than the existing first floor. Also, uh the uh negative situation here is because uh this is uh one of the smaller lots around the area because mostly of the lot stairs are 100 by 100 and this one is only like 7500 square foot. So but even though uh we are keeping exactly the existing footprint, we are not like uh extending anything uh sticking out anything from the house other than the uh from portico.

Okay. Thank you. Turn the hearing over to Mr. Sheepard. How are you? I'm good. I'm sorry that I couldn't hear you. I'm sorry. The purpose for the rising what's what's the reason? She knows more than me because they are a big family. Just explain to them. It doesn't matter. Just tell us what you're doing. What are you What are you doing? Why are you doing it? Why Why do you need the extra room? Oh, we have outgrow. I need the your name and address. Sorry. Melissa Harris, 329 Essex Street, West Bablin, New York, 11704. And do you affirm to tell the truth? Yes.

See, we're going to make you speak. Go ahead. We've kind of just outgrown the space and we just needed more space to our house. We don't want to go anywhere. We just want to just add to it. And are we keeping it as a one family? Yes. One kitchen. Yes. Occupied. Yes. questions. It wasn't that bad. Any other questions from the board? Would anyone like to be heard on this application? The record, there are none. Chairman, I'll make a motion.

Mr. Motion to amend application to read all in direction.

Good luck. Thank you. Have a nice a very good night. Have a good holiday. Thank you. [clears throat] Next application is 25228 of James P. and Bonnie M. McKver property located in North Babylon. A Christmas tree. How perfect. Name and address for the record. Uh, Kelly Bennett, 1257 UD Doll Road, Beayshore, New York 11706. And do you affirm to tell the truth? Yes, I do.

For the record of planning division memo dated December 9th, 2025, a previous approval case number 1160, which was approved to uh diminish distance to street line from 40 to 22.3 for a deck in connection with a front deck and above ground pool. uh environmental control memo dated December 17, 2025. If approved, this application will not result in significant impact. A survey by Elizabeth McCen updated last date June 13, 2025, tax map acting as an area map and

and Mr. Chairman, we have nine photographs and a survey by Lisa McQuilin dated June 13, 2025.

Would you like to tell us about the um here tonight on behalf of the property owners as well as the architect's office. We are proposing um a front covered porch. Really, it's just for aesthetic. Um it looks beautiful if you guys have seen the elevation. So, we are here tonight seeking two area variances. The first in connection with the front porch to reduce the front yard setback. Uh we're making the request of 22 um4. This property does have a prior approval for the existing sealed front deck. It's kind of low to um grade. So that's what we're going over. The porch is going to be 5 ft deep by the whole length of the house excluding the garage. So 30 feet long. So that deck that CO uh got granted at 22.4 actually. So we're seeking less than previously approved for the front yard variance. Um, in regard to item number [clears throat] two, we do have four accessory structures. Right now, we would be willing to um eliminate one of the sheds. They're two sheds. They're very small, 7 by seven identical. So, we would remove one so we could um amend that request to three accessory structures instead of four. And then in terms of the board's comments about the outdoor shower, I did uh get some information directly from the homeowner who shared that that pool is main the outdoor shower is mainly used for pool hygiene. So it the plumbing is direct uh through the dwelling. It's used seasonally basically when the pool is open and closed. Uh kids rinse off before going in, after going in, that kind of thing. So that was um the feedback on the outdoor shower. And um any questions we're willing to answer. We would agree to all the conditions as well. No enclosure of the front porch.

Turn hearing over to Mao. I'll make this amendment to application 2528 to amend number of accessory structures from And when was that shower erected? Oh, I think it's it's been there at least I would say over 10 years, you know, it's been there a while. Yeah. Okay. Yep. And we did provide that uh the building department requested elevations and plan so we satisfied all of that as well. Perfect. Um yeah, I have no other questions.

Any other questions from the board? Drainage goes. Yeah, all the plumbing is I I actually don't know details about the drain, but all the plumbing is directed. I can't imagine that it's going anywhere other than if it's through the dwelling directly. I can't imagine that uh water is going anywhere else.

Yeah. Would anyone like to be heard on this application? There are none. All right, chairman. I make a motion to approve application 25228 as amended with a condition of the front porch not be further in second. Thank you. Have a great holiday. Thank you.

Next application is application 25230 of Wilson and Elizabeth Jindan. Yes. Good. Yeah. Okay. [laughter] Property located in Deer Park. Name and address for the record. Uh my name is Wilson Zindon. Address is 147 Liberty Street, Deer Park, New York. Zip code 11729. Okay. Do you affirm to tell the truth? Yes.

For the record, we have a planning division memo dated December 9th, 2025. Environmental control memo dated December 17, 2025. If approved, this application will not result in significant impact. A survey by Michael Scaliz dated April 17, 2018. Tax map acting as an area map. And and Mr. Chairman, we have four photographs and a survey by Scalis Land Surveying April 17, 2018. Would you like to tell us about the application?

Uh, yeah. I just wanted to build a gazebo without prior knowledge of I didn't know about the zoning spaces and distance from the neighbor fence. It was just something that I was building for my wife for the summer. We like to love to spend time outside in the backyard and I like grilling. So, I figure I'll build something and that was it. And without prior knowledge to the zoning requirements. Okay, I'll turn the hearing over to Mr. Montigio. Good evening. How are you? Hello. Good. You got a quite a busy block this time of year, don't you? That Christmas display there, right? Yeah. Traffic is horrible. When was the shed uh built?

The shed uh it was there when we bought the house. Um, so we move we bought the house back in May of 2018 and the shed was already there. Can it be moved to confirm it location? If I touch it, it will just come apart. It's it's pretty old. What was the need for such a large large gazebo? It's overly big. I just wanted to make it functional and and, you know, fit the dining table so we can put it outside for the summer. Did you know you needed a permit before you did it? I had no idea. You did it yourself? Uh, at the beginning. Yeah. When I realized I need help. You had a contractor help you? Yeah. He didn't tell you needed permit. No.

If this was approved, if the shed was ever repaired or replaced, would you put into a confirming location? Of course. Yes. No enclosure. The gazebo. No. No further questions. Chairman. Any other questions from the board? Would anyone like to be heard on this application? For the record, there are none. Mr. Chair, I like to approve application 25-230 with the conditions. If the shed be repaired, replaced to move confirming location and note don't close gazebo pavilion.

Thank you. Next application is application 25226 of 79 Connor Lane DP LLC property located in Deer Park. Name and address for the record, please. John Schwanker, 311 West 14th Street, Deer Park. And do you affirm to tell the truth? I do.

For the record, we have a planning division memo dated December 9th, 2025. Environmental control memo dated December 17, 2025. If we were to approve this application, it would need a negative declaration. Survey by Barrett, Bonucci, and Van Wheel. A dated April 27th, 2004. tax map acting as an area map. And

Mr. Chairman, we have eight photographs and a survey dated November 2017 by Nelson and Pope Engineers, Architects and Surveyors, and a site plan dated January 2025 by Nelson and Pope Engineers, Architects, and Surveyors. Would you like to tell us about the application?

Yes. I plan on doing specialized auto repair low-key. Um, no outside parking. Business hours 8 to 5 Monday through Friday. I'll be the only worker in the I'll be the only person doing the repairs. And that's about it. Pretty simple. Okay. Okay, I'll turn the hearing over to Mr. Monte. How are you? Good evening. Hi. How long you been there for so far? How long you been in in the space? I just uh I just started moving in there. Oh, you knew there

the business model. How long How many What's the hours operation? Hours operation 8 to 5 Monday through Friday. It's only yourself all the time working. Just me. Are you going to have any kind of towing out towing out of there? like a tow list maybe on. No, I do all specialized stuff. So, I have one guy that does the towing for it all. Okay. And no outside storage whatsoever? Not at all. No, everything stays inside. No further questions. Chairman,

any other questions from the board? Would anyone like to be heard on this application?

I'm uh excuse me. I I own the property directly across from 7 and 9 Connor Lane. I need your name and address. Oh, uh my name is David Katson. Um the property owner at 10 Connor Lane directly across the street from 7 and 9. You affirm to tell the truth? Absolutely. Okay.

So, my issue is not specifically with this gentleman or his application. My issue is with the landlord and the current tenants in 7 and 10 Connor Lane. Uh there are at least aside from him, there are two other auto repair facilities housed in that industrial condo. And they see fit to park uh disassembled, damaged, repaired vehicles all over the street on Connor Lane, which is a short deadend street. Specifically, my issue is directly across from my driveway where I have uh I do uh mechanical contracting. I have a construction company and I get large deliveries. Uh there is a no parking zone directly across from my driveway and it is always filled with cars that are in various states of disrepair, parked all day long. Uh if you I have photographs which I can give you of the daily occurrence.

Yeah, absolutely. Um, and my concern is, you know, first of all, my question is I was under the impression that any business has to contain the vehicles that work in that particular thing on premise, meaning they can't street park and they can't they can't take up public roads. Is that a correct statement? Well, that's not what's going on there right now. that what's going on there now is beyond comprehension. We have there's a trailer parked down the street with an automobile trailer that's been parked there for a week and a half, two weeks at a time. And any day that you would drive down Connor Lane, you will see various cars in the state of disrepair throughout the entire street. But my specific issue is they're parked directly across from my driveway in an area that says no standing, no parking, and I can't get deliveries. I can't. The trucks can't navigate it because they can't make the turn. So, I'll submit these for record. I'm sorry about his issue, but uh it's really that the landlord has to deal with with his tenants. And I I spoke to the landlord directly and he told me to take it up with the tenants and I'm not having it. I you know, they they don't listen to me. Anyone else like to be heard on this application?

You the landlord? I'm the property manager. Well, my my uncle is the landlord. Yeah. Name and address. Jacob Curry Alley, for Lancing Lane, East Northport, New York 11731. You manage the property? Yes, I do. Sound like you're doing a good job. Okay. Well, so who else is in that property? There is people that are trying to get um there's tenants that do automotive and they are trying to get um to do it and [sighs]

basically doing what he's doing right now. Do they have approval from this board to be doing that? I started six months ago, so I do not know.

They need approval just like he needs approval. Number one, number two, they're not allowed to do any work outside at all. It has to be inside. Yeah, they don't do any work outside. They'd have to apply for outside storage if they wanted outside storage. That would be up to this board to grant it or not grant it. But as far as doing the actual work, it needs to be done inside, not outside, not even on the property that the street. Yes, I know that, sir. And I could I could talk to the tenants directly about that issue. Have to get back to us. answer questions.

Yeah, I haven't heard um about that issue, but now that someone is here doing that, I would 100% be on it tomorrow. I will 100% all the cars will be gone in the street. You can't do that. Um, all right. So, you're going to get back to us with answers to the questions. I would advise that you two gentlemen get together. 100%. I I have no idea about this issue. Okay. And try and get something resolved and get back to us and let us know that it's going to be resolved.

There are two other tenants in there. They need to have approval from us also. Yes. So, that's this way we're keeping a tight string on what's going on, which is this gentleman's problem right now. So, yes, I will 100% get in contact. You'll talk to this gentleman? I will right now. All right. Yep. All right. So, we're going to close the hearing. We're going to reserve decision. We're going to keep the record open for your response to the problems that's going on there. Okay. Do I just go to the town? Like, how do I You can uh to submit it to the zoning board office, okay? And write that this is what you're doing. Okay. All right. Thank you so much, sir.

Okay. Okay, I'm gonna close that. [laughter]

Okay. Name and address for director, please.

Keith Archer, Harris Coleman Archer, 445 Broad, Melville, New York. Representing the applicant. For the record, we have a planning division memo dated December 9th, 2025. Environmental control memo dated December 17th, 2025. If approved, this application would need a decive declaration. Uh, fire marshall's report by December 18, 2025 has a valid permit. Same thing. survey by Gregory David Peterman dated November 2017 tax map acting as an area map and

and Mr. Chairman, we have eight photographs and a survey dated November 2017 by Nelson and Pope Engineers, Architects and Surveyors and a site plan dated January by Nelson Engineers, architects and surveyors. Okay. Would you like to tell us about the application?

Sure. Uh, thank you, Mr. Chairman. By the way, with me is Tom Dixon, um, who's a professional engineer, Nelson and Pope, which is the firm that prepared the plan that's before us. So, um, by way of background, you know, Mana Park is at 215 Carl's Path and, um, has 214 55 and over one-bedroom unit um, residential units. It's owned SC which is senior citizen multiple residence district situated on about 8.3 acres and has frontage on Carl Straight Path and Comarmac Road. Um all of the residential units were constructed in the early 1980s um in separate twostory multi-unit structures. The applicant went before the planning board on October 6th of this year and obtained planning board approval for certain sewer facilities because they're going to be connecting all of the units to the southwest sewer district. um and to maintain seven seconds story units that were previously u constructed. Um it appears without the benefit of permits, but again this was 40 some odd years ago. So nobody quite knows the history of this. Um, but the planning board approval was also for a roofed over brick pavilion as well as removal of eight parking stalls on an adjacent piece of property that's controlled by the by the same principles. So, why are we here? We are here before the board requesting a variance for the number of residential apartments. Um, as I mentioned, there was seven units that appears to have been constructed without the benefit of building permits. We couldn't find them. They clearly don't

have cos. They were built in the 1980s, you know, when things weren't as tight as they are now. Um so the maximum density on that site um is 200 and is four units. It's over by four units basically. So while there are seven units that we're going to be legalizing um the variance is for four of them uh because that's that's what that's what it's over. Um, terms of parking, the site complies with the applicable parking requirements. And again, we're only asking for a variance for the four residential units for which cos will be requested. And again, as I mentioned, because it's mentioned in Katie's memo, the um eight parking stalls on the adjoining piece of property um will be removed. And that's actually on the site the Nelson and Pope site plan that was approved by the planning board. So that's that's the application in a nutshell.

Hearing over to Mr. Mont. Good evening. How are you? Good. How are you? Good. Will the site plan you know label the apartment to be legalized? It's not provided the site plan for the spots being removed. Okay. My apologies. It's actually on the site plan behind you. It's there. Yeah. Parking area also going to be next to the property as well. You saying next to the parcel that parking well the it's shown on the site plan. The eight spots are being removed. So the the parking is basically remaining as it is now. Okay.

Which is as it was approved 40 years ago.

How this come how did this come about now? Why did I know you were going to ask that? [laughter]

I'm curious. So there was an application filed to connect the property to the southwest sewer district, right? They got permission to connect. So we needed to file applications with the town for a building permit for the pump station and for the other infrastructure, right? And so at the time it would it was found out that um we're missing some cos. So we're trying to kind of play catchup ball um and at the same time connect to the southwest sewer district uh via a pump station and stringing a line over to um an adjoining um development Fairfield nulls. That that's kind of how it came up. total [laughter] numbers

the total number of units is so two 214 are allowed and there's I believe no there's 214 units 210 are allowed it's over by four

seven were not permitted But only we need the variance only for four. I have no further question.

Any other questions from the board? Would anyone like to be heard on this application record? There are none. Okay. So, we're going to close the hearing, reserve decision until we get something pounding pending. You know how that works. It'll be after Christmas now. We don't have meetings anymore this year. So once we get that move, Mr. Chairman, I'd like to approve application 25-224 with the adopted NEG deck on application 25-224

as waiting for sub county planning. Approvement is subject to sub county planning 25-224. Thank you.

Thank you. Have a great holiday everybody. Good seeing you again. Take care. You too. Now Pam's up, right? Right.