Zoning Board of Appeals - Regular Meeting

I'm I'm gonna open the meeting at 7:30. Roll call. William Johnston here. Collagan here. Lisa Crackler here. Phil Dioro is here. Tom Graphanino is excused. We also have present uh Tim Hill, the ZBA attorney. Um first order of business is to review and approve the October 22nd, 2025 minutes. Motion to approve. I'll make a motion. All in favor? Oh, can I get a second? I'll second. All in favor? I I Okay, so we have uh uh two applications tonight. The first one is 82 Smith Street Lang. Is there someone here to present? I'm recusing myself. Oh. Because of my good friend.

Okay. Very good. Thank you. Okay. Thanks. Hey, good evening. Matt Sherman with Sherman Engineering Consulting. I'm here on behalf of the applicant. One second. One sec, Matt. Sorry. You're going to can you give give us a quick reading of the notice Christina?

Hearing on the application of Christina Lang, owner of 82 Smith Street, Shelter Island, New York, which is located in zone C and is more specifically described on the SEA County tax map as 700-18-3-8.1. The operation wishes to convert existing basement to one access dwelling and is seeking a variance from town code section 133 uh- 17A1D. Uh, and there was a letter of support received uh from George Han, I believe. Yeah. Okay. George Horn. [clears throat] Um, thank you. Uh, Matt Sherman, you're here to present.

Yes, I am. Thank you again. Matt Sherman, Sherman Engineering and Consulting. I'm here on behalf of Christina Lang as the um applicant on the uh on this application and the property owner. And basically what this is is u uh Christina is looking to get approval to convert her existing basement into an accessory dwelling unit. Um the uh site uh it's in Czone. So the minimum lot size required for an accessory dwelling unit would be 30,000 square ft. Uh on our original application we had the square footage number incorrect and we'd gotten an updated survey. So, we're actually a little bit better than the initial application would have indicated. The total square square footage for the property is 18,765 square ft. So, it's a variance of 11,235 square ft, uh, which is about a 38% variance from what the code required minimum would be in order to have an accessory dwelling unit on the property. Um, Miss Lang understands that that's a pretty significant variance to ask for. However, at the same time, the um the variance is looking for the approval of an accessory dwelling unit to a house that's a one-bedroom, oneb house. Uh, and the uh ADU would be a one-bedroom, oneb ADU. So, even with the addition of this uh uh accessory dwelling unit on a substandard lot, it's still a significantly smaller impact than a typical single family dwelling would have. Um, we couple that with the idea with the fact that this is very close to the Ryan horse farm, which is approximately 60 acres of protected property. Um, there's also um some other larger tracks in this area. They're not protected, but they are larger and

they're undeveloped at this time. So, the kind of impact that having this little bit of extra uh development in this property would have would be minimal by any standard. Um, and so based on that, we're looking for a variance for that um for that lot size, for that 38% uh lot size uh um difference from what the code requires. And Matt, am I correct in assuming there's a um an IIA uh septic system there?

Yeah, Christina just put it in and we got final approval on that a few months ago. So, there is a IIA in there and the IIA is uh designed for up to four bedrooms, which is really the minimum that the health department allows us to design for in most circumstances. So, it is uh it's new and it's it's more than large enough to accommodate this additional flow. And is there going to be any push out of the basement at all?

No, not not in any way, shape, or form. It's completely contained within the the basement itself. The only addition to the building footprint, if you would want to even call it that, would be on the western side. There's going to be an exterior staircase going down. and that's shown on the site plan. Um the [clears throat] existing building is about 20 ft just over 20 ft from the sideyard line and you're going to have a small staircase on that side. Um and that's about just over 15 feet from the sideyard line and the sideyard setback in this area is 10 feet for the building.

So it will not be in the setback at all then. Right. No, it's not not even close. Yep. [clears throat] Matt is um when I drive by the property and when I'm looking at this survey, I there's not a lot of parking there and if you're going to have this additional living quarters specifically for an accessory dwelling, you're going to have more vehicles going in and out. So, is there a parking plan?

Yes. Um on the site plan [clears throat] you'll see that there's um in the lower left corner of the property in that southwest corner there's a small gravel parking area now it's about 20 ft wide give or take um and that's going to be expanded to 30t wide going into the property. So you'll have enough width to park three cars and it's also going to be extended another 10 ft or so into the property. So, the parking area on site will be about 30 ft wide by 20 ft deep, which is the equivalent of three parking spots. Okay. Thank you.

You're welcome. And is the Can you run us through just the intended use? um renting it out, having family stay. Yeah, renting it out. Yes, year round. Yes, she's going through the ADU uh program. Yep. So, I believe that's one of the requirements of that program is that it's rented uh rented year round. Okay. Do you have any questions?

No, [clears throat] you guys covered it all. Do you have any other questions? I don't think so. Matt, is there anything you wanted to add? Nope. I think that pretty much covers it. It's uh you know, it's not not a very complicated application. So, I think we're in we've done a we've covered all the bases, I believe. Anyone in the audience uh in like to make comment? Anybody out in the Zoom land wish to make a comment? No. Um everybody there right Christina? Yeah.

So I think we can uh close this hearing leaving it open till I don't have my until not very long from there. No no December December 3. So we can have one week 26th November. 26th of November. It'll be one week from today. Mhm. Um and then we'll discuss it at our work session on December 3rd. Great. So did I'm sorry, just to make sure I'm clear, the uh correspondence is until the 26th. Correct. Correct. Perfect. [laughter]

I thought I thought our work session was the 10th and our hearing was the 17th. No. No. No. Okay. No, in December [clears throat] we always push it. Okay. All right. So, we'll leave it open to written correspondence until November 26th and we'll discuss it at the work session on December 3rd. Great. Everybody good with that? Yep. Yes.

Good. Thank you very much. I appreciate it. That's it.

That's might be in the city. Um, all right. We have uh one other hearing tonight that is 29 Terry Drive Woodward. Christina, will you read us a legal notion quick? Hearing on the application of Morin and Ortor Woodward, owner of 29 Terry Drive, Shel Trial in New York, which is located in zone AA, reverts to A and is more specifically described on the suffoc map as 700-17-1-59. The applicant wishes to legalize existing pool and pool equipment requiring area variances from the town section 133-65 B1 and Q. We hold 19.2 two ft side set bag where 20 is required for the pool and for the pool equipment to hold 18.1 yard set where 25 is required and 20.3 ft side bag where 25 is required.

Thank we have any correspondence on this? There was no correspondence. Thank you. Is there someone here to present?

I uh Valerie Marvin for Morin Woodward. Um do you need my address? 62 Main Street. Um, [clears throat] this application is also fairly straightforward and you know how small it was. This was an installation of a pool. Um, it was mistakenly put in the wrong place and um, you know, I'm here to confirm it with a variance if possible. It was it was it was constructed um some years ago. I do have a letter from a client um to the board um that I would like to read and just give you some you know background to what happened for her. Um you know I have some my sense of it is that it was a mistake. If you look at the survey um you'll see that they placed the pool of setback light accessory and this is um aa zone reverting to a so it was 20 ft um uh setback for the pool but it was a 25 ft setback for the um equipment. Um the property was staked at 20 ft and in fact I pulled the building permit and the building permit has a provision in it that a special condition isn't 20 foot side in your yard will be staked by the surveyor. So my suspicion is that you know it was staked improperly. I did speak with the pool installer again it's many years ago. His recollection is that it was staked. property is somewhat um uh um it's not level so it has a bit of a grade um and it was a little difficult to locate. He said you tried to be very precise but he was clearly trying to be precise to a state that was in the wrong place. Um and then he was a little bit off. Um so I you know that's what I suspect I'm sure was you know just installer um [clears throat] error. Um

it's an insubstantial variance. We had explored with the building department some type of um of administrative um I don't [clears throat] know you know I don't even know what it would have been called but um it was suggested to me by the building inspector that perhaps we could move the pool equipment and get some some administrative leave for the pool. But he came back to me and said, you know, come back to the variance. So, we did, you know, I did talk to my client about moving the pool equipment, but at this point, you know, I'm here to ask for a variance for everything to stay where it is. She's never um and as I said, I did promise I would I would read her statement. She's never had any complaints. Um the neighbors pool, you know, I walked to the property, you know, it's it's it the neighbors have pools. There's nothing inconsistent with this property, you know, and it's full other than the fact that the, you know, these mistakes were made. Um,

like if I read this, I do have copies. Is it very long? No. Okay.

Um, so I had asked her, you know, what, you know, what happened because it's been a while and why was it left? And she said at the time and in fact she said she spoke with Christina and then she met with Christina and she realized when Christina realized that the pool had already been built um she said you'd go home and enjoy it and Christina sent a follow-up email said a follow-up email did provide me with more information and she suggested I start the process of variance the following spring when I came back from Florida. I cannot stress how extremely nice and professional Christina was. I am at fault for not following her her advice and I regret not doing so. Um, every year we have spent less time on the island and upon each return, the home inevitably required maintenance before our family could enjoy it. The summer before last, I arrived on July 13th, 2024, finding a flood and mold growth at my lower level. It took 3 weeks to restore the damage and we left on September 14th. I can only tell you I've been dealing with an aging husband who has faced multiple health issues. Or raider Woodward, born 1127, 1993. He's 90. He has been here at home in the care of Trustbridge Hospice for the last year, which precluded us from visiting Shelter Island this past summer. I've been working full-time in real estate here in Florida, which is challenging, and I can tell you I have a lot on my plate. Please let the board know that I'm sorry and I regret my inaction. Please also let them know that I've never received any complaints from my neighbors. Our home was purchased by my parents, David and Elizabeth Barry, and has been in the family since it was built in 1971. I look forward to one day being able to spend more time in Shelter Island with close friends. Again, I am sorry this problem was not addressed sooner. And she was previous.

What year was the pool installed? I can look in one second. The pool was installed. permit was uh June 2015 and I think the pool was uh completed in 2016. And what sparked the realization that it was in the setbacks? They submitted a survey at the end of the project to close the permit and that's what I'm sorry which project?

At the end of the installation of the pool project. So they had a building permit to install the pool. Okay. and they did it to what they thought were the you know setbacks and after completion they submitted a new survey to the building department and the pool was in the wrong

when was that submitted? 2000 uh uh 2018. August 2018 and at that point the building department said it's within the setbacks. Correct. Okay. Didn't I walk over to you with these? But I still have You gave me one. That's all you wanted.

It's all right. I'll distribute a PDF. So that's fine. Yeah. Thank you. Really? So much more of the equipment than the pool itself, right? out out of a setback in terms of the intrusion. Yeah. Yeah. In terms of the intrusion, that was 4.7 ft.

I took some photos, but I looked at them today and they weren't great. But if you take a look at the property, you can see that the equipment is completely screened. Um the back of the property that would be looking at the equipment that's owned by the Pearlman. So there's no use of that property. It's all just um you know um undeveloped back there. Um, and there's no visibility of that pool equipment on from any other property. You can't see it. It's completely framed by trees and and hedges. Yeah, there's woods behind it.

Yeah, it's all undeveloped. It's all Yeah, there's nothing. There's nothing back there. And I couldn't standing by the pool equipment, I couldn't see anything other than those woods. Right. [clears throat] And do you think there's any sound to this neighboring property of the pool? I mean really if you look at it it's just it's just behind and it's it's completely enclosed. There are trees all around it and then the the the closest property well has a pool that's a you know approximately in the same location and there's a hedge between

I mean it looks completely consistent with the property and I'm sure that there's no noise from that. Yeah. Yeah. No. Any questions? I've been there. I see. No problem. Um, all right. Uh, anyone else in the audience have anything further to add? Anyone in Zoom land? Um,

I do have copies. I don't, you know, it's I have the building permit um only because it was suggestive to me that it said the special condition to the 20ft sideyard. Why don't you hand that out to us?

And it makes sense to me how it might have happened given that. So I and I but I don't want to be too muchain, you know, I just I noticed it on the permit when I was doing my research. Quiet. Yeah, it does say 20. Anybody else have any other questions after this new submission?

No. All right. Um, so I guess can I get a motion to close the hearing and leave it open to written correspondence until November 22? Yeah, I'll make that a motion. And I'll second it. All in favor? I I All right, I think we're done. Thank you very much. Thank you. Thank you. Can we Can we have a motion to close the hearing? Can we approve 2026 calendar before? Sure. Let's um Can I have a motion to approve the 2026 calendar? Did we decide on the November dates in November became the 4th and the 18th?

Yeah. Because the 11th veterans we did we do have December as being the first two the early bird schedule. [laughter] Yeah. All right. So, can I have a motion to approve? I'll make motion as written as as written. Uh, can I have a second? I'll second. All in favor? I can I have a motion to close the meeting? I'll make a motion. I'll second. All in favor? I