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                                       ZONING BOARD OF APPEALS
                              88 North Country Road, Port Jefferson, NY 11777
                                  Telephone: (631) 473-4744 Fax: 473-2049

                                   ZONING BOARD OF APPEALS MINUTES

                                                  February 28, 2008

The Zoning Board of Appeals meeting was held in the Village Court Room, 121 West Broadway, Port Jefferson,
NY 11777 at 7:30 PM

Lee Rosner, Chairman
Michael Verruto
Charles Kenny
Jack Giannola
Robert Gitto
Will Rau, Village Planner
Cindy Suarez, Secretary
Virginia Capon, Trustee


Appeal No. 381-07MV Section 12, Block 11, Lot 13.1
Mark Lyon as agent for Michael & Karyn Jensen
114 Spring Street

 Applicant seeks an area variance for a proposed detached garage. The applicant requests 22 10 height where a 14
height is required. The property is located in the Village s Residential RB-3 district on the south side of Spring
Street 250 feet east of Main Street.

Mark Lyon from Jefferson Consultants, 503 Main Street, Port Jefferson was sworn in to represent the applicant. He
submitted photographs of the public notice posting for the property file and he showed the Board revised building
plans. The architecture is similar to the previous proposed plan with the exception of the rear portion of the roof, the
height of which has been dropped, and the attic has been lowered to 6 to meet code. Mr. Lyon explained that the
applicant s intent is to create an architectural design to fit the character of the community. The garage will be
smaller than the neighbor s existing barn and will be used for storage only, without any heat.

Mr. Rosner questioned why the applicant is looking for a back dormer on the proposed garage. Mr. Jensen, owner of
the property, was sworn in. He stated that the back dormer would increase the attic storage to make room for
vehicles in the garage on the ground level.

Mr. Verruto questioned the height of the neighbor s garage to the rear of the property. Mr. Jensen stated it was a
minimum of 29 but, with the lower grade of the neighbor s property, it would appear to be the same height as his
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ZBA Minutes.

proposed garage. Mr. Kenny inquired as to the size of the pitch on the dormer. Mr. Lyon stated it was 3 vertical to
12 horizontal.

Mr. Rosner stated that the height issue is not as much of a concern as the bump out.

Mr. Rosner opened up the floor to the public for comments.

The following people were sworn in:

Marge McCuen, #115 Tuthill St., spoke in favor of the application. Barbara Sabatino, #2 Westview Ave., spoke in

Mr. Verruto made a motion to close the hearing, seconded by Mr. Giannola, all in favor, the vote was 5-0.

Appeal No. 368-08CK        Section 16, Block 8, Lot 17
                            Ahmet Kahyaoglu c/o 616 Main Street Corp.
                            616 Main Street

Applicant seeks a use variance for an expansion of a non-conforming use. The applicant desires to add an additional
gasoline pump and a small extension to the existing structure for a pre-existing automobile service station. The
property is located on the west side of Main Street approx 125 ft south of Liberty Ave. in the Village s Residential
R-O District.

Mark Lyon, Jefferson Consultants, submitted the proof of mailings and posting for the record. He explained that the
applicant withdrew the original application in December 2006. He presented photographs of the proposed site plan.
John Andrews, attorney for the applicant, was sworn in.

Mr. Rosner expressed to Mr. Andrews his concern about possible bias as he and Mr. Gitto are both property owners
within 200 feet of the subject property. Mr. Andrews replied that the applicant would have no objections to their
participating in the determination of the application.

Mr. Andrews submitted Exhibit A, a petition of approximately 600 signatures, of people in favor of the application.
He explained that this is the only gas station in the Village and that his client has only limited space for storage of
records. The space would not be heated. The structure fits within the setback envelope of the Village zoning
guidelines. The above garage storage would promote fewer deliveries of supplies to the site and the proposed
pitched roof would decrease the non-conformity.

Mr. Andrews submitted for the record two Zoning Board of Appeals legal decisions relevant to the intensification
issues raised by this application. Exhibit B = Inc Village of Laurel Hollow vs. John D. Owen. Exhibit C = Tarton Oil
vs. Town of Brookhaven. He also submitted the following exhibits:

Exhibit D = Eschbacher Engineer s memo dated 1/17/07.
Exhibit E = 7 photographs taken by Mr. Verruto
Exhibit F = Proposed site plan dated 1/26/06, received 2/28/08.

Mr. Verruto questioned Mr. Andrews about his contention that the addition of a pump is not an expansion of a non
conforming use. Mr. Andrews stated that it is not, based upon the two cases submitted above.

Mr. Andrews also stated that the hardship was not self created because in 1987 the decision was made

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to change the station from two to one pump, and the existing attic crawl space was 1, 014 sq feet with the highest
point being 7 . The roof line already existed and, therefore he feels that it was non-conforming when the applicant
purchased the property. He feels the hardship is unique to the property and that the proposed pitched roof would be
in keeping with the character of the neighborhood.

Mr. Lyon stated that in 1995 the Village voted to give the site a permanent Certificate of Existing Use.
Mr. Lyon asked if there were any staff comments.
Mr. Rosner stated that there would not be any staff comments until after the DOT comments were received.

There were no comments from the public.

Mr. Verruto made a motion to continue the hearing on March 20, 2008, seconded by Mr. Giannola, all in favor, the
vote was 5-0.

Appeal No. 387-08          Section 21, Block 5, Lot 3
                           LuLu Bundra c/o LuLu s Village Pub
                           1509 Main Street

 Applicant seeks an area variance to re-open a bar, a nonconforming use that has been unoccupied for more than a
year. That due to a recent amendment in the zoning ordinance, the use no longer meets the required area setbacks.
The property is located on the east side of Main St., approx 100 ft south of No. Co. Rd., situated in the Village s
Commercial C-2 district.

The following were sworn in:
Sharon O Brien, agent for the applicant.
Gus Semertgis, #88 Forest Avenue, Lake Grove, NY 11755 owner of the property building.
Damon Hagan, attorney for the tenant.
Jamie Hughes, #1509 Main St., Port Jefferson, NY 11777, business manager .
Lulu Bundra, #1509 Main St., Port Jefferson, NY 11777, business owner.

Ms. O Brien submitted to the Board packets with documents of the time line of events.

Mr. Hagan explained that the previous establishment Harley & Honeys closed in July 2006. Ms. Bundra entered
into her lease in March 2007. Permits were issued by the Building Department for the renovation and repairs. She
was not informed of code ordinance changes until five months later in October 2007.

Mr. Hughes stated that he had several interactions with the Village Engineer and the Fire Marshal and the code
ordinance change was not mentioned until October 2007. Mr Hughes went through the following time line:

    ·    July 2006 Previous business closed doors.
    ·    3/22/07 Ms. Bundra applied for liquor license through SLA.
    ·    4/9/07 Village Trustee Board meeting
    ·    4/10/07 Ms. Bundra applied for building permit.
    ·    4/26/07 new code ordinance approved by Village Trustees.
    ·    5/18/07 Ms. Bundra received building permit.
    ·    10/15/07 letter sent to SLA by the Village.

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    The Village Fire Marshal witnessed completion of the interior renovations in June 2007 and The Village
    Engineer stated that the final inspection and the COC would be issued when the liquor license was received.

    Mr. Hughes explained that the nature of this application is to bring a cultural music venue to the Village that
    includes food & drink.

    Mr. Rosner opened up the floor to the public.

        ·    Mr. Godfrey Palaia, #2 Mystic Ct., Stony Brook, design stage and sound system technician, in favor.
        ·    Mr. George Stade, #64 Tangere Dr., Sound Beach, heating & air conditioning mechanic, in favor.
        ·    Mr. Carl Palnblad, DDS #14 No. Co. Rd., Port Jefferson, neighboring property owner and resident of
             Belle Terre, no objection to application.
        ·    Jill Morrison, #2 Mystic Ct., Stony Brook, music director at SBU, in favor
        ·    Vincent Demarco, #7 Tinder Lake Grove, marketing director, in favor.
        ·    John Kirschenheiter, 815 W. Parkwood Rd., Middle Island, New York State enforcement officer &
             building inspector, in favor.
        ·    Dr. Augostine Romano, #11 Ring Neck Ct., Wading River, physician of 464 Main St. Suite B, Port
             Jefferson, in favor.

        Mr. Verruto made a motion to continue the public hearing until 3/20/08 hearing, seconded by Mr.
        Giannola, all in favor, the vote was 5-0. The Board requests the following documents be
        presented before the next hearing: the date of surrender of the previous liquor license and the fire
        underwriter s certificate for the COC issued for interior renovations in 2007.

        The hearing was closed at 11:30PM.                         Respectively Submitted, Cindy Suarez Secretary

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