1 03/24/2021 1 2 TOWN OF NORTH HEMPSTEAD 3 BOARD OF ZONING APPEALS 4 VIRTUAL ZOOM PUBLIC HEARING 5 6 Wednesday, March 24, 2021 7 10:11 A.M. 8 9 10 BOARD MEMBERS PRESENT: 11 12 13 DAVID L. MAMMINA, A.I.A. - Chairman 14 LESLIE FRANCIS, ESQ. Vice Chairman 15 DAVID LEVINE, ESQ. Member 16 DANIEL DONATELLI, ESQ. Member 17 JAY HERNANDEZ - Member 18 19 20 ALSO PRESENT: 21 DEBORAH ALGIOS, ESQ. - Deputy Town 22 Attorney 23 VIRGINIA WAGNER - Secretary 24 MARC RUSSO Stenographer 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48

1 03/24/2021 2 2 P R O C E E D I N G S 3 CHAIR MAMMINA: Good morning, 4 everyone, and welcome to the Zoning Board of 5 Appeals, Town of North Hempstead. And what I'd 6 like to do before we get started is to just give 7 a little talk through the way we do things in 8 the town in case you've never been before a 9 zoning board. And if that is the case, we'll 10 ask you to just stay relaxed and calm. And if 11 you have been, you know, we may do things a 12 little bit differently than other 13 municipalities, whether it's a town or a 14 village. 15 So what we will do is Virginia 16 will call each one of the cases. We typically 17 call them in order, but, you know, not 18 necessarily. And when that is called, you know, 19 I will be recalling that and at the same time, 20 in the Zoom age, rather than putting hands up 21 physically, at that point then, you will notify, 22 you know, on the -- on the chat, and Deborah 23 will then -- 24 Well, what's the word you 25 used, Deborah? 26 MS. ALGIOS: Promote. 27 CHAIR MAMMINA: Promote. 28 There we go. Promote. It's something I never 29 -- it never happened. I'm still in the first 30 grade, so -- Deborah will promote you and then, 31 you know, at that point, you will have the 32 floor. 33 You will give your name and 34 address as everyone will as they come up. And 35 the applicant then would have the floor and they 36 would put on their case, so to speak, for the 37 Board. The Board will ask whatever questions it 38 feels that it would like to ask. If there is 39 anyone else who would like to speak, either in 40 support, or in opposition, they will then be 41 promoted one at a time. 42 If we do have, let's say, 43 whatever husband-wife, partner-partner, or 44 whatever it is, you may both, you know, come on 45 at the same time. You'll both give your name 46 and address. And the only thing that we ask, is 47 that you don't speak simultaneously so that the 48 court reporter can take an accurate record.

1 03/24/2021 3 2 If there is anyone else who 3 wishes to speak, then when that is done, the 4 applicant, and typically only the applicant -- I 5 mean, that's not a hard-and-fast rule -- but 6 generally it is only an applicant who gets a 7 second turn at the, you know, at the podium 8 because the Board may have questions that we 9 would like to ask based on testimony that was 10 presented. Or at the same time, the applicant 11 may wish to support or refute what someone has 12 said. So when that is done -- 13 Deborah, is this the week that 14 we're -- that we are no longer postponing the 15 decisions? 16 MS. ALGIOS: We did that -- we 17 started that at the last -- 18 MR. LEVINE: Last week. 19 CHAIR MAMMINA: At the last 20 hearing? Okay. So what will then happen is, 21 you know, the Board will do one of three things: 22 We will either approve the application, we will 23 deny the application, or we will continue the 24 application and/or reserve it. 25 Because we may want to offer 26 some kind of a compromise, you know, to the 27 applicant, you know, or we might want to see a 28 piece of paper, you know, a, you know, a closing 29 document, or, you know, any number of things, 30 and that would then be carried over and 31 continued, at least, in the next hearing. 32 So as I said, you know, anyone 33 who's never done this before, we just ask that, 34 you know, that you just remain, you know, calm 35 and, you know, it's -- sometimes it's easy, 36 sometimes it's hard for people, but we'll help 37 to carry you through that. 38 So with all of that said, 39 Virginia, do we have any modifications to 40 today's calendar? 41 MR. FRANCIS: Can we do the 42 pledge then now? 43 MS. WAGNER: Yes, Chairman, we 44 have -- we can do that after the -- 45 CHAIR MAMMINA: We'll do it 46 after -- 47 MS. WAGNER: I'll do the 48 adjournments and then we'll do the pledge.

1 03/24/2021 4 2 We have an adjournment of 3 appeal No. 21021 -- Inessa Borochov, 36 4 Shorecliff Place in Great Nicks -- Great Neck; 5 Section 2, Block 367, Lot 56. Residence-A 6 zoning district, that is adjourned until April 7 21st. 8 We also have an adjournment 9 without a date of appeal No. 21011, Minoo 10 Zolfaghari, 64 Saddle Lane, Roslyn Heights; 11 Section 7, Block 171, Lot 28, in the 12 Residence-AA zoning district and, again, that's 13 adjourned without a date. 14 MR. LEVINE: So which was the 15 first one? I'm sorry. 16 MS. WAGNER: First one is 17 appeal number 21021, Inessa Borochov. 18 MR. FRANCIS: It's not in our 19 memo. It's already taken out of our memo. 20 CHAIR MAMMINA: Yeah, I don't 21 see it in here. 22 MR. LEVINE: Yeah. 23 MS. WAGNER: It wasn't -- no, 24 I sent you an I think I sent everybody an e-mail 25 saying that that was going to be adjourned, but 26 it wasn't marked on the calendar. 27 CHAIR MAMMINA: Okay. And as 28 I say most weeks, for whatever reason, doing 29 this on Zoom -- and I was just talking to the 30 rest of the Board about how frequently I am on 31 Zoom. These things throw me off here, okay, so 32 I'm a little bit out of order and my apologies 33 to everyone, but we've always opened the 34 meeting, you know, with the Pledge of 35 Allegiance, so I'm going to ask Mr. Levine, who 36 is soon to be Judge Levine, to please lead us in 37 the Pledge of Allegiance. 38 (Pledge of Allegiance.) 39 CHAIR MAMMINA: Okay. Thank 40 you, everyone. 41 And, Virginia, if you would, 42 please, call the first case. 43 44 45 46 47 48

1 03/24/2021 5 2 MS. WAGNER: The first 3 appeal is appeal No. 21020, Robert Marantz and 4 Preeti M. Shah, 49-03 Concord Avenue in Great 5 Neck; Section 2, Block 286, Lot 164, in the 6 Residence-C zoning district. Variance from 70.B 7 -- 70-50.B to construct second-story additions 8 and a porch that are located too close to the 9 street, and to legalize a first floor addition 10 that is too close to the street. 11 CHAIR MAMMINA: We've heard 12 Appeal number 21020, Robert Marantz and Preeti 13 M. Shah is -- if there's anyone who is 14 interested in the application other than the 15 applicant, I will ask that you raise your hand 16 in the chat, and then after the presentation is 17 done by Ms. Curto, you will then be promoted one 18 at a time. So -- good morning, Ms. Curto, and 19 the -- 20 MS. CURTO: Good morning. 21 CHAIR MAMMINA: -- the Zoom is 22 yours. 23 (ANDREA CURTO, ESQ., testified 24 as follows.) 25 MS. CURTO: Good morning, 26 Chairman Mammina, members of the Board. Hope 27 everybody's doing well this morning, haven't 28 seen you in a while. And congratulations, Mr. 29 Levine, on becoming a judge. 30 MR. LEVINE: Thank you. It 31 wouldn't be the same if you weren't here for my 32 last hearing. 33 MS. CURTO: Thank you for 34 that. I think my client is waiting to get in. 35 I don't see him on the Zoom right now. Is that 36 Dan G? I don't know. His name is Robert 37 Marantz, so I don't think that's him. 38 MS. WAGNER: No, that's Dan. 39 Dan G. is our IT person. 40 MS. CURTO: Yeah. I know he's 41 waiting to get on, so if you could just let him 42 in. 43 MS. ALGIOS: I'm looking for 44 him. I don't see him on here. Oh, you know, I 45 see him. Okay. 46 MS. CURTO: Okay. 47 MR. LEVINE: There he is. I 48 see him.

1 03/24/2021 6 2 MS. CURTO: Okay. So just for 3 the record, Andrea Curto. I'm with the firm of 4 Forchelli Curto -- Forchelli Deegan Terrana at 5 333 Earl Ovington Boulevard, Uniondale, New 6 York, here on behalf of the applicant, Robert 7 Marantz. 8 So you do have the exhibit 9 packet, I saw that, right? So if you want to, 10 you could just put that up for me. So this is 11 an application for minor area variances for 12 additions to an existing residence. 13 My clients purchased the 14 premises in 2015. They're looking to maintain a 15 small addition in their kitchen that was built 16 in the 1950s. And they also need variances to 17 expand their second floor to create additional 18 bedroom space, a new master bathroom, and a 19 laundry room. They're not 20 increasing the number of bedrooms, they're just 21 changing the size and usability of each room. 22 They're rather small bedrooms, so they're trying 23 to make them a little bigger, more functional. 24 More importantly, they're not changing the 25 footprint of the house. And the proposed new 26 massing will be consistent with this Tudor style 27 and it also will be consistent other homes in 28 the neighborhood. 29 So let me just make this -- do 30 you want to make it a little smaller, just so 31 you could see it better -- or if you want to 32 give me control? Whatever you want to do. I 33 did want to read -- explain from the outset that 34 they -- we have reached out to most of the 35 impacted neighbors. My client has obtained six 36 consents that were included in this exhibit 37 packet. 38 My client and I personally met 39 with Arlene Pulambo (phonetic) and her husband. 40 She lives directly across the street, 41 diagonally. She had a lot of questions about 42 the renovation. We met with her and we 43 explained everything, and she gave us her 44 consent. 45 He also got consents from Mark 46 Figelman, spelled F-I-G-E-L-M-A-N. He is an 47 abutting property owner. His address is 255-14 48 Walden Place. Harris Ryu, the other abutting

1 03/24/2021 7 2 property owner, his address is 49-07 Concord 3 Avenue. Paul Kim, you just passed his house. 4 He lives directly across the street on the north 5 side of Walden. His address is 255-05 Walden 6 Place. And then, the other two are Anthony 7 Malfi at 16 Walden, and Larry Penner at 15 8 Walden. 9 So we could -- she's just 10 scrolling through the pictures right now. I'll 11 go through them after I do my presentation, but 12 those are the consent letters that she's showing 13 right now. 14 So the subject premises is 15 located on the northwest corner of Concord 16 Avenue and Walden Place and has a street address 17 of 49-03 Concord Avenue. It's situated in the 18 town's Residence C District and has a lot area 19 of 5000 square feet. The premises has 50 feet 20 of frontage on Concord Avenue and 100 feet of 21 frontage on Walden Place. The house faces 22 Concord Avenue, so that is the primary front 23 yard. 24 The house was constructed 25 sometime in 1934 and is pre-existing 26 non-conforming with respect to frontage 27 requirements. The frontage requirements that 28 are noted in this disapproval were enacted in 29 January of 2006. 30 Because this is a corner lot, 31 two front yards are required. The narrower 32 street frontage requires a 25-foot yard on 33 Concord Avenue, and the wider street frontage 34 requires a 20-foot yard, which is Walden Place. 35 So that's the front of the premises. You could 36 see it. You can't see the whole thing right 37 now, but that's the front fa?ade. 38 So the existing primary front 39 yard of 22.92 feet -- there's an existing 40 primary front yard of 22.9 feet on Concord 41 Avenue, and there's an existing secondary front 42 yard of 10.9 feet on Walden Place, and that's 43 where the kitchen addition is located. The 44 remaining house has a 13-foot front yard on 45 Walden. 46 So let's get to the variances 47 with respect to the additions. So this area 48 here, I don't know if you could see my cursor.

1 03/24/2021 8 2 Can you see me pointing to an area or is -- 3 CHAIR MAMMINA: No. 4 MS. WAGNER: No, I think if I 5 have control of the screen, you won't be able to 6 do that. What area did you want to point to? 7 MS. CURTO: It's the area 8 where the second story addition is going to go 9 in, just to the left of the gable. So that's 10 where the second-story addition is going to be. 11 So that addition will comply with the primary 12 yard requirement at 26 feet, but it's not going 13 to comply with the secondary yard requirement at 14 20 feet. It is going to be in line with the 15 existing house, So it's going to be 13 feet from 16 the secondary front yard. So we're not 17 increasing the non-conformity. We're just going 18 up and it's going to be the same distance to 19 Walden as the existing house is. 20 If you can scroll down a few 21 -- one more picture. That shows it right there a 22 little better, where the fillet is going to be 23 and where they're going to go up. If you go 24 down one more -- okay. This area here, this 25 little wooden porch is going to be removed 26 because it's non-conforming. 27 We could go down again. Okay. 28 So this is the -- this is the little addition 29 that has to be -- the minor addition that has to 30 be maintained. So this was done sometime in the 31 1950s. It's set -- this little jut-out is set 32 back 10.9 feet from the secondary front yard. 33 As you could see, it's just a little jut-out. 34 It measures 13.9 feet wide and 4.5 feet deep. 35 It's not visible to any of the 36 neighbors because there is extensive screening 37 in front of it. So if you scroll down to the 38 next photo, that just shows the side of it, that 39 it's really not that wide at all. If you go 40 down to the next one, that shows the trees that 41 are right in front of that. So as you can see, 42 it's not even visible. You can't tell that 43 there's a little jut-out right there. 44 CHAIR MAMMINA: Ms. Curto, 45 there's no addition proposed on top of that, 46 correct? 47 MS. CURTO: So there is going 48 to be an addition in the rear that will be on

1 03/24/2021 9 2 top of that. 3 CHAIR MAMMINA: On top of the 4 non-compliant place? Because I don't see that 5 on the drawing. The only place that I see -- 6 MS. CURTO: Oh. Not at the 7 10.9 -- 8 CHAIR MAMMINA: Okay. 9 MS. CURTO: -- but -- 10 absolutely not. No, no, no. But there will be 11 a rear addition. 12 CHAIR MAMMINA: Understood. 13 I'm putting the 10.9 on the record for your 14 benefit. 15 MS. CURTO: Oh. Thank you. 16 Yes. The 10.9 is only for that small little 17 section that I just showed you that's 13.9 by 18 4.5 feet. 19 CHAIR MAMMINA: Okay. So it's 20 unchanged -- 21 MS. CURTO: That's correct. 22 CHAIR MAMMINA: -- as always 23 it's been. 24 MS. CURTO: That's correct. 25 MS. WAGNER: Would you like me 26 to bring up the plans to explain that or do you 27 want to keep going with the exhibits? 28 MS. CURTO: It's up to the 29 Board to do the -- 30 CHAIR MAMMINA: Yeah, I'll 31 leave that to the Board. I've -- 32 MR. HERNANDEZ: Can you put up 33 the plan so we can all see them rather than 34 individually looking out for them, so we all 35 look at the same pages? 36 MS. WAGNER: Okay. Well, Ms. 37 Curto, do you want to finish this part of the 38 presentation or do you want to go to -- it's up 39 to you, how you want to -- 40 MS. CURTO: You know what? 41 Let's finish this and then we could bring up the 42 plan so we can -- because there may be more 43 questions. 44 MS. WAGNER: Is that okay with 45 you, Jay? 46 MR. HERNANDEZ: Sure. 47 MS. CURTO: It's just, that way 48 so we don't have to keep going back-and-forth,

1 03/24/2021 10 2 and -- okay. So -- 3 MR. HERNANDEZ: I just want to 4 make sure that everybody sees the same thing at 5 once. If we all individually look at it on our 6 computers, it can be confusing as to what it is 7 that each person is looking at. 8 MS. WAGNER: Yeah. Okay. 9 MS. CURTO: Okay. So that's 10 just -- that's the house directly across the 11 street. It's the only house that we -- that 12 would see this jut-out for the kitchen, and we 13 have a consent from this property owner. If you 14 go down to the next one -- okay. 15 So this shows the existing 16 backyard, I wanted to point out here because the 17 notice of disapproval says that we need a 18 variance for a porch. But it's actually just 19 going to be a stoop that's going to be coming 20 out from the sliding glass doors, so that 21 there's a step to come out and then steps going 22 down. The actual deck that's here, that's going 23 to be removed, and it's going to be replaced 24 with pavers. So I just wanted to explain that. 25 MR. DONATELLI: And, Ms. Curto, 26 before you move on, will the stoop extend beyond 27 what we see in that photograph? 28 MS. CURTO: So that I could 29 show you better on the plan. It's -- yeah. 30 When we turn to the second floor -- to the first 31 floor plan, I could show you that. But -- 32 MR. DONATELLI: Okay. 33 MS. CURTO: -- it'll extend 34 further east because there's going to be an 35 extension there. And then the stoop has to go 36 further because there's going to be additional 37 doors there. 38 MR. DONATELLI: Okay. Please 39 -- 40 MS. CURTO: Okay. 41 MR. DONATELLI: -- continue. 42 MS. CURTO: Sure. I don't know 43 if there's any other photos. 44 Virginia, if you want to just 45 go down. Okay. Yeah, that just shows the area 46 of the second floor addition. That's going to be 47 filled in right there. If you can scroll down a 48 little more, that shows the width of the

1 03/24/2021 11 2 extension. And you can go up -- 3 MR. HERNANDEZ: So there will 4 be a two-story extension on the entire section? 5 MS. CURTO: Yes. 6 MR. HERNANDEZ: Okay. 7 MS. CURTO: Keep going. 8 MR. HERNANDEZ: So, Ginny, 9 that -- that -- that -- can you stay in that 10 picture for a moment, please? 11 MS. CURTO: The one -- yeah. 12 MR. HERNANDEZ: Yeah. Okay. 13 So they are -- that room upstairs seems to have, 14 like, three windows? 15 MS. CURTO: Yes. 16 MR. HERNANDEZ: And there's an 17 angled roof above the sliding doors. 18 MS. CURTO: Right. 19 MR. HERNANDEZ: That angled 20 roof is going to disappear and become part a -- 21 of the building covering those three windows? 22 MS. CURTO: Correct. 23 MR. HERNANDEZ: So the windows 24 will move out to the new wall, I guess. 25 MS. CURTO: And everything's 26 going to move forward to the same spot that -- 27 MR. HERNANDEZ: Where the -- 28 MS. CURTO: -- where that 29 jut-out is right there. 30 MR. HERNANDEZ: Where the 31 sliding doors are? 32 MS. CURTO: Yeah. 33 MR. HERNANDEZ: Okay. Very 34 well. 35 MS. CURTO: Yes. 36 MR. HERNANDEZ: Thank you. 37 MS. CURTO: Yes. Okay. You 38 can go to the next photo. Oh, okay. That's 39 just shows the neighbor that we got consent 40 from. That's the Figelman residence. They're 41 east of the premises, they're the abutting 42 neighbor. And that is the abutting neighbor to 43 the south. That's the Ryu, R-Y-U, Ryu 44 residence. We have consent from them as well. 45 And that just shows the 46 general character of the neighborhood. There's 47 a lot of Tudor style homes. You could see there 48 is an enclosed portico in the front over there

1 03/24/2021 12 2 in one of the homes. But again, there's a lot 3 of Tudor style homes here. You can go down. 4 Same thing, just giving you different 5 perspectives. 6 The other side of -- that's 7 the other side of Concord. That just shows 8 Walden Avenue looking east. It's a dead end 9 street. That -- this is from the neighbor's 10 house that called me. She lives directly across 11 the street, and I wanted to show her perspective 12 and that she's fine with the proposed 13 second-story additions. CHAIR 14 MAMMINA: She really would not be impacted by 15 that. 16 MS. CURTO: No. 17 CHAIR MAMMINA: Well, because 18 it's in the back of the house. 19 MS. CURTO: Right. Okay. 20 That's all for this exhibit packet. If you 21 wanted to put up the second floor -- I mean, the 22 first-floor plan to answer any questions that 23 the chairman and the other members had. So it's 24 A2. And it's -- there's two sets of plans. 25 There's existing and proposed. So it's proposed 26 A2, that's the plan. That's the survey, so 27 that's not going to show it. 28 MR. HERNANDEZ: Next one. I'm 29 sorry, what? Yes -- 30 MS. CURTO: That's existing. 31 MR. HERNANDEZ: Yeah. That's 32 existing. 33 MS. WAGNER: Just tell me when 34 you get there because I -- because of the -- 35 MS. CURTO: That's it. 36 MS. WAGNER: This one right 37 here? 38 MS. CURTO: Yes. 39 MS. WAGNER: Okay. 40 MS. CURTO: So if you could 41 just make it a little bigger and move it over, 42 right? Sorry. I'm used to having control of 43 the screen. But you can see where it says 44 proposed rear stoop here. It's four feet by 18 45 feet, nine inches. That's the location of this 46 new stoop. And you could see where the fill-in 47 is, proposed two-story rear addition. 48 MR. DONATELLI: Yes.

1 03/24/2021 13 2 MS. CURTO: Right next -- yeah. 3 Exactly right. And they're removing the 4 existing wood deck we had spoken about. They're 5 also removing the fence. 6 MR. DONATELLI: Sorry. Could 7 you go back up, Ginny? 8 MS. WAGNER: Oh, sorry. 9 MS. CURTO: Yeah. 10 MS. WAGNER: I must have hit 11 something with my hand. 12 MS. CURTO: I'm sorry, I 13 forgot your initial question that you -- where 14 you were -- 15 MR. DONATELLI: So -- and I 16 see it here. Thank you for pointing it out. It 17 appears that it -- the proposed rear stoop will 18 extend slightly beyond what you showed in your 19 photograph -- 20 MS. CURTO: Right. 21 MR. DONATELLI: -- as the 22 existing wood deck? 23 MS. CURTO: Yes. That's 24 right. Just slightly more to the south. 25 MR. DONATELLI: Yes. Yeah, I 26 see that. 27 MS. CURTO: Yeah. 28 MR. DONATELLI: But that 29 answers my question. 30 MS. CURTO: Okay. Great. 31 Great. Does anybody else have any other 32 questions? 33 CHAIR MAMMINA: Well, I guess 34 just regarding that deck, just to be certain 35 that I'm understanding it. I mean, to call it a 36 deck -- I mean, it's no wider than the stairs. 37 MS. CURTO: Right. 38 CHAIR MAMMINA: As I read the, 39 you know, as I read the drawing. So, you know. 40 MS. CURTO: We went 41 back-and-forth with the plans examiner, but I 42 think she said because it's a double-door, 43 they're calling it a porch. So we have to get a 44 variance for it. But it is essentially a stoop. 45 It's just a step out and then stairs and then 46 there's going to be pavers surrounding that. 47 MR. LEVINE: And that way, you 48 don't fall off when you open the sliding door.

1 03/24/2021 14 2 MS. CURTO: Yes. Exactly 3 right. 4 MS. WAGNER: Well, that must be 5 because a stoop, I don't think has to meet 6 setbacks. So they allow that in the front, I 7 guess. 8 MS. CURTO: Yes. 9 MS. WAGNER: I mean, so that 10 you can get outside of your door. But once it's 11 in the back or with, you know, relation to, like 12 you said, double doors, they must -- 13 MS. CURTO: Yes. 14 MS. WAGNER: -- consider that 15 differently. 16 MS. CURTO: Yeah. That was the 17 rationale because I didn't really understand 18 that either. 19 MS. WAGNER: Yeah. I had 20 heard that before, so that's -- 21 CHAIR MAMMINA: We can talk 22 about that as a group later. It doesn't matter. 23 MR. HERNANDEZ: I'm just 24 trying to -- I'm looking at this plan and I see 25 proposed second floor additions in multiple 26 locations of the house. 27 MS. CURTO: Right. But not 28 everything needs variances. 29 MR. HERNANDEZ: Okay. So does 30 that -- 31 MS. CURTO: It just -- it's 32 shown on the plan. So I went over the -- I went 33 over the additions that need the variances. 34 MR. HERNANDEZ: Okay. 35 MS. CURTO: Anything that -- 36 it's the the secondary front yard that's the 37 issue. So any addition that's on that side is 38 going to need a variance. Anything that's on 39 the other side, on the south side, is not going 40 to need a variance. 41 MR. HERNANDEZ: Okay. I'm -- 42 I'm just trying to get a sense of -- of what the 43 house will look like as it is built. 44 MS. CURTO: Oh, well, we have 45 elevations. 46 MR. HERNANDEZ: If you can -- 47 MS. CURTO: Ginny -- 48 MR. HERNANDEZ: -- just show us

1 03/24/2021 15 2 the elevation, please. Thank you. 3 MS. CURTO: Sure. Ginny? 4 CHAIR MAMMINA: The last sheet. 5 Yeah, they -- those are in a different order 6 than mine. That's interesting. So the new 7 elevations are on A3. Is that A3, Ginny? I 8 think it might have those -- those probably -- 9 MS. WAGNER: Okay. Down 10 further? 11 CHAIR MAMMINA: -- don't 12 matter. 13 MS. WAGNER: Okay. 14 CHAIR MAMMINA: Go down 15 further, yeah. To the bottom. 16 MS. CURTO: That's existing. 17 Yeah. 18 CHAIR MAMMINA: That's 19 existing, right. 20 MS. CURTO: Right. All right. 21 MS. WAGNER: Yeah. I can't 22 see the numbers on the plans because -- 23 CHAIR MAMMINA: I know. 24 Because you're a little chopped off, that's why 25 I'm -- 26 MR. LEVINE: Please keep going 27 down. 28 CHAIR MAMMINA: -- trying to 29 guide you through because it's hard. 30 MS. CURTO: Yeah. Let's see 31 the next one. Here it is. 32 CHAIR MAMMINA: There they 33 are. 34 MS. CURTO: There we go. Here 35 it is. 36 MR. HERNANDEZ: Okay. So 37 that's the rear elevation and -- 38 MS. CURTO: Correct. 39 MR. HERNANDEZ: -- although it 40 says stoop on one side, it continues to a second 41 set of doors, so it is 18 feet. I couldn't make 42 out the number. So that's -- 43 MS. CURTO: Yes. It's 18 44 feet, nine inches across, and four feet deep. 45 MR. HERNANDEZ: Deep. Okay. 46 So that's -- I can see why the build department 47 is calling that a deck as it is more than a 48 stoop. It is just, you know, it -- 18 feet is a

1 03/24/2021 16 2 lot longer than a stoop. 3 MS. CURTO: Okay. 4 MR. HERNANDEZ: Yeah. 5 MS. CURTO: Okay. 6 MR. HERNANDEZ: Yeah. Can you 7 go to the front elevation, please? 8 MS. CURTO: I think you got to 9 go down, right. Go across. 10 MS. WAGNER: Yeah. No, I 11 know. Give me a minute. 12 MS. CURTO: Oh, sorry. Sorry. 13 MS. WAGNER: You know, I -- 14 actually, when I work remotely, I don't bring my 15 mouse with me. So I'm doing it on the laptop 16 and it's a little bit more clunky, but -- 17 MS. CURTO: Yeah. 18 MS. WAGNER: I don't know. It 19 -- 20 CHAIR MAMMINA: That's 21 difficult. That's difficult. You're my hero. 22 MS. WAGNER: Yeah. So I just 23 -- I mean, I'm used to it now but I just -- it 24 takes a little bit more time than the -- 25 MR. HERNANDEZ: Okay. Just so 26 that I know what I'm looking at here, that 27 little bumper on the left on the lower floor, is 28 that extra extension that the kitchen has? 29 MS. CURTO: Yes. 30 MR. HERNANDEZ: And then, what 31 your building is above it and indented. It's 32 closer to the original wall of the house. 33 MS. CURTO: It's exactly in 34 line with the original line. 35 MR. HERNANDEZ: Okay. 36 MS. CURTO: Yes. 37 MR. HERNANDEZ: Fine. 38 MS. CURTO: That's correct. 39 MR. HERNANDEZ: Thank you. 40 MR. FRANCIS: Ms. Curto, 41 what's the pitch on the proposed roof? 42 MS. CURTO: That I don't know. 43 I have to look at that. 44 MR. HERNANDEZ: It appears 45 severe from the illustration -- 46 MR. FRANCIS: From the 47 illustration, it looks like -- 48 MS. CURTO: Scale, does it say

1 03/24/2021 17 2 it on there? I don't see it. 3 MR. FRANCIS: I didn't see it 4 anywhere. 5 MS. WAGNER: It's probably on 6 here somewhere. 7 MR. LEVINE: Right down -- 8 MS. WAGNER: Usually they have 9 that little triangle somewhere to indicate. 10 MR. HERNANDEZ: On that side 11 elevation it should have it. 12 MR. LEVINE: Right. Go to the 13 -- 14 MS. WAGNER: Let's go over 15 here. 16 CHAIR MAMMINA: It may not 17 because it probably matches the -- 18 MR. HERNANDEZ: The existing 19 house. 20 CHAIR MAMMINA: -- it matches 21 the existing -- 22 MS. CURTO: Yeah, I'm sorry. 23 It's not noted on here, so I don't know. 24 MR. HERNANDEZ: Yeah. 25 MS. WAGNER: Yeah. They don't 26 -- 27 CHAIR MAMMINA: And that other 28 piece, Jay, that's looking more steep, that's 29 just a little pop out. 30 MR. HERNANDEZ: Yeah. 31 CHAIR MAMMINA: You know, if 32 you look at it from the rear elevation. If I'm 33 looking at that correctly, it's something that 34 only projects out, maybe, you know, I don't 35 know, eight inches, a foot, something like that. 36 I think it's more for decorative. 37 MR. HERNANDEZ: Okay. 38 MS. CURTO: Right. To give it 39 a nice architectural element. 40 MR. FRANCIS: Yeah. Could you 41 get that information to us or confirm that it's 42 no larger than the existing roof? 43 MS. CURTO: Yeah. Robert, Do 44 you know if it is? 45 MR. MARANTZ: When you say 46 larger, you mean -- 47 CHAIR MAMMINA: Mr. Marantz, 48 you have to please just put your name and

1 03/24/2021 18 2 address on the record. 3 4 (ROBERT MARANTZ testified as 5 follows.) 6 MR. MARANTZ: Oh, I'm sorry. 7 My name is Robert Marantz and I reside at 49-03 8 Concord Avenue, Great Neck, New York 11020. 9 MR. FRANCIS: Okay, Mr. 10 Marantz. MS. CURTO: So 11 they're asking about the pitch, do you know if 12 the pitch is the same as the existing roof? 13 MR. MARANTZ: That I do not 14 know. 15 MS. CURTO: Do you want me to 16 call the architect quickly? 17 MR. MARANTZ: The existing 18 roof has many gables. And so I -- that's, you 19 know, if you go back to the original drawing, if 20 you scroll up, you'll see that -- 21 CHAIR MAMMINA: I would think 22 it unlikely that the existing roof would be 23 taken off of the building. You know, the -- 24 MR. MARANTZ: Right. 25 CHAIR MAMMINA: -- the whole 26 way rather than just matched. 27 MR. MARANTZ: Right. Right. 28 Yeah, unfortunately, I don't -- so, you know, if 29 -- I think if Ms. Curto could call our 30 architect. 31 MS. CURTO: I have him -- I'm 32 getting him on the line right now. Just give me 33 one second. Sorry. 34 MR. HERNANDEZ: The real -- 35 what is -- renovation? 36 MS. CURTO: That is existing. 37 MR. FRANCIS: Yeah. 38 MS. WAGNER: Yeah. 39 MR. HERNANDEZ: Okay. 40 MS. WAGNER: Because he just 41 mentioned he wanted me to scroll up to the 42 existing, so -- 43 MR. FRANCIS: Right. I want 44 to just see to see if there was a difference 45 that you could see. 46 MS. CURTO: Greg, I'm on with 47 the Zoning Board right now, the hearing. And 48 they're asking about the roof pitch. Do you

1 03/24/2021 19 2 know if the roof pitch is going to be changed or 3 is it going to remain the same? 4 MR. SPANO: The existing roof 5 is remaining the same. The new roof is going to 6 be for showing on the point house. 7 CHAIR MAMMINA: Ms. Curto, 8 could you put the architect's name and address 9 onto the record just so -- 10 MS. CURTO: Yes. One second. 11 CHAIR MAMMINA: -- just so we 12 have it. 13 MS. CURTO: So, it's Greg -- 14 Gregory Spano from Frank Petruso Architects is 15 on the phone with me right now. 16 CHAIR MAMMINA: And that's 107 17 Northern Boulevard, Great Neck, New York. 18 MS. CURTO: Thank you. Yes. 19 So what he said was the existing roof is going 20 to stay the same. And what's going to happen 21 with the new roof? Yeah, so which one exactly, 22 Jay, do you want to know about? 23 MR. HERNANDEZ: Well, we were 24 just looking at that rear. I think it was the 25 -- no, it wasn't this rear elevation that we're 26 looking at. There was another one. 27 MR. FRANCIS: It was the front 28 elevation. 29 MR. HERNANDEZ: Was it the 30 front? That it looked very, very steep. 31 MR. FRANCIS: Right. 32 MS. CURTO: The front 33 elevation looks steep and he wanted to know if 34 that was going to change or if it was going to 35 remain the same. The front elevation is the 36 existing roof. It will not change. 37 MR. HERNANDEZ: Okay. 38 Perfect. 39 MS. CURTO: It remains the 40 same. 41 MR. HERNANDEZ: Thank you. 42 Thank you. 43 CHAIR MAMMINA: And I think 44 that the left elevation, the steep piece that we 45 see there, Jay -- 46 MR. HERNANDEZ: Yeah. 47 CHAIR MAMMINA: -- is really 48 just a little projection to give it, you know,

1 03/24/2021 20 2 that same Tudor flavor. 3 MR. HERNANDEZ: Yeah. The 4 decorative, yes. 5 CHAIR MAMMINA: Yeah. You 6 know, you could see -- you kind of have it -- 7 the, you know, the half-sawn timbers, you know 8 -- 9 MR. HERNANDEZ: Yeah. 10 CHAIR MAMMINA: -- on there. 11 MR. HERNANDEZ: Right. 12 CHAIR MAMMINA: I mean, 13 they're very light, you know, in the drawing, 14 but it could just be the way that we're reading 15 it. 16 MR. DONATELLI: Yeah. I was 17 actually questioning the larger roof above that 18 section, David. 19 CHAIR MAMMINA: I would say 20 that's existing. 21 MS. CURTO: That is existing 22 as well, yeah. 23 CHAIR MAMMINA: So otherwise, 24 they'd have to take the roof off the entire 25 house to change that. 26 MR. DONATELLI: Okay. 27 MS. CURTO: Okay. Are there 28 any other questions of the architect? No? 29 Okay. Thank you, Greg. Okay. Sorry about 30 that. 31 So in conclusion, we ask that 32 this relief be granted. The proposed 33 improvements are in character with the 34 neighborhood and will not negatively impact the 35 environment. The requested variances are minor 36 in nature and will only improve the appearance 37 of the home. 38 As depicted in the photos, the 39 kitchen addition is well screened and is not 40 visible to any neighbors. Also, the proposed 41 second floor additions are not increasing the 42 footprint of the house and are in line with the 43 existing setbacks of the house. 44 Also, as I've mentioned, the 45 architectural design is in character with the 46 Tudor style homes and the massing is consistent 47 with other homes in the area. The applicants 48 also do not have any alternatives to the

1 03/24/2021 21 2 requested variances because the premises is a 3 corner lot with two front yards which require 4 greater setbacks than interior lots. 5 There's also no other way to 6 enlarge their second floor without the requested 7 variances. Finally, this is not a self created 8 hardship. The house is pre-existing, 9 non-conforming with respect to these setback 10 requirements. So is that -- 11 CHAIR MAMMINA: Are there any 12 questions? 13 MR. FRANCIS: Just one 14 question, or just one thing I want you to 15 verify. My notes indicate that your GFA is 16 going to be over by approximately 174 square 17 feet; is that correct? 18 MS. CURTO: That was not my 19 understanding. 20 CHAIR MAMMINA: I don't think 21 they're denied. 22 MS. CURTO: They're not 23 denied, the the floor plan for the area, just 24 setback. 25 MR. HERNANDEZ: Okay. This 26 house -- I didn't see that. 27 MR. FRANCIS: Okay. I had it 28 in my notes. I was just wondering. 29 MS. CURTO: Yeah, so the 30 notice of disapproval only talks about the 31 setbacks. 32 MR. FRANCIS: Okay. I have no 33 other questions. 34 MR. DONATELLI: Okay. I have 35 no further questions. 36 CHAIR MAMMINA: Does the Board 37 wish to hold this? Or -- 38 MR. LEVINE: I'm okay with it. 39 I mean, I don't know about the rest of the crew. 40 MR. DONATELLI: I'm ready to 41 move it now. 42 MR. HERNANDEZ: Yeah. I'm 43 ready. 44 MR. LEVINE: All right. Well, 45 Mr. Chairman, having heard the application, I 46 move we grant it. I would note that, given the 47 fact that it's non-conforming, pretty much 48 anything you do to this house will require a

1 03/24/2021 22 2 variance. I move we grant the application. 3 CHAIR MAMMINA: We have a 4 motion from Mr. Levine. We'll give Mr. 5 Donatelli the second on that. I know Jay said 6 he also would but you're not getting your full 7 pay today, Jay. That's $0.25 off, okay? Please 8 poll the Board, Virginia. 9 MS. WAGNER: Member Levine. 10 MR. LEVINE: Aye. 11 MS. WAGNER: Member Francis? 12 MR. FRANCIS: Aye. 13 MS. WAGNER: Member Donatelli? 14 MR. DONATELLI: Aye. 15 MS. WAGNER: Chairman Mammina. 16 CHAIRMAN MAMMINA: Aye. 17 The application is granted. 18 MS. CURTO: Thank you for the 19 -- 20 MS. WAGNER: I apologize. I 21 called it out of order, but -- 22 CHAIR MAMMINA: That's okay. 23 MS. CURTO: Thank you very 24 much. Have a good day. 25 CHAIR MAMMINA: Okay. Thank 26 you. 27 MS. WAGNER: Bye-bye, Andrea. 28 MS. CURTO: Bye. Bye-bye. 29 CHAIR MAMMINA: Virginia, 30 you're going to have to remember when it's -- 31 when you ask David to say, "What say you, the 32 Honorable Mr. Levine?" 33 MS. CURTO: Yes. I know. 34 CHAIR MAMMINA: That's an 35 inside Zoning Board joke, okay? 36 MS. WAGNER: Okay. 37 MR. LEVINE: That was -- that 38 was when I first started nine years ago. 39 CHAIR MAMMINA: What say you? 40 MR. LEVINE: Ron -- Don 41 Bernbach (phonetic). 42 CHAIR MAMMINA: Right. That 43 was his name. Right. 44 MS. WAGNER: I'll have to look 45 back in the transcripts. 46 CHAIR MAMMINA: Every single 47 -- 48 MR. LEVINE: It is the dark

1 03/24/2021 23 2 side. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48

1 03/24/2021 24 2 MS. WAGNER: Okay. The next 3 appeal is appeal No. 21022, Rita Eredics, 21 4 Bayview Court in Manhasset, Section 3, Block 40, 5 Lot 933 in the Residence-C Zoning District, 6 variance from 70-49.B to construct an addition 7 that is larger than permitted. 8 CHAIR MAMMINA: You've heard 9 appeal number 21022, Rita Eredics. I wasn't 10 sure how to pronounce that. 11 MR. COSTELLO: Eredics. 12 CHAIR MAMMINA: You did better 13 than me. Do we have the -- oh, there's the 14 applicant. Okay. So you're Mr. Costello and, 15 you know, then, you know, if your client is on 16 they will ask them to be promoted at the -- at 17 the appropriate time. So please give your name 18 and address. 19 MR. COSTELLO: Good morning, 20 everyone. This is T.J. Costello from Hierarchy 21 Architects in Manhasset, New York. And I am 22 representing Rita Eredics on application 23 20-101817 at 21 Bayview Court. Shall I just 24 start? 25 CHAIR MAMMINA: Sure thing. 26 MR. COSTELLO: Okay. So I 27 don't know how many of you may or may not be 28 familiar with this particular section of town, 29 but it is a planned clustered development that 30 was built in the '30s. It just has some 31 interesting history, how it was developed by the 32 Corporation of Pan Am and it was used -- used to 33 be for pilots and stewardesses back in the day, 34 and has some interesting construction techniques 35 to it. 36 They're all two houses, two -- 37 basically row houses attached to one another. 38 There's 31 lots altogether and it's divided into 39 very pie-slice shaped lots that result in 13 of 40 these clustered homes. And our -- the subject 41 property is one of these clustered homes, sort 42 of towards the end of the cul-de-sac. 43 And I mention that because as 44 it's a horseshoe shaped street that these all 45 are in this planned community. And as -- in the 46 rear portion of the horseshoe, it's very 47 difficult to get any straight, direct view of 48 any way to the home and where we're now

1 03/24/2021 25 2 proposing to add this addition at the rear. 3 So it's -- needless to say, 4 it's virtually impossible to see from the street 5 because of that angle. And the addition in the 6 back is proposed to be 5.6 square feet -- sorry, 7 6.72 square feet greater than the allowable. So 8 we believe it's a fairly minimal request. And 9 we've arrived at the design by attempting many 10 options. 11 There's no feasible option to 12 add an addition on the second floor. This 13 second floor is the entire footprint. This is 14 just a one story addition off the rear. And we 15 are proposing to -- there's no -- currently no 16 bathroom on the first floor, so that we're 17 proposing to add a bathroom on the first floor, 18 and a den. Currently it's just basically one 19 large room and there's no place to -- to -- to 20 have an office, or a den, or a sitting area. 21 So it being, you know, in this 22 new age of COVID, it's essential that we are 23 able to have some place to expand for an office 24 and a den in -- on the first floor. There are 25 no garages. There's no mudroom. There's no 26 pantry. I think in this day and age, it's a 27 reasonable request to -- to -- to have a home 28 with these basic amenities, and that's what 29 we're proposing. And everything 30 being on one floor, it makes that all -- it's 31 the only feasible location we can -- we can -- 32 we can design it. The other thing that we 33 wanted to mention, too, is that it conforms in 34 all other regards to the side yard setbacks and 35 the square footage but for these, the 6.2 -- 36 sorry, I keep -- 6.72 percent. I think that 37 there's -- if you -- if there -- if you have 38 seen the plans and have any questions, I'll be 39 happy to answer them. And that's pretty much 40 all I needed to walk you through. 41 CHAIR MAMMINA: For me, 42 without talking specifically to the application, 43 you know, I always said if I could do my life 44 over again, I would become an architectural 45 historian rather than an architect. The history 46 of this piece of property is fascinating. 47 You know, to me, you know, in 48 that -- at LaGuardia Airport there is the Marine

1 03/24/2021 26 2 Air Terminal and the Marine Air Terminal is a 3 landmark building, you know, in New York City, 4 you know, with some very, very interesting 5 artwork, you know, in it from, you know, 6 immediately well, during and after the 7 depression, you know, when the president was 8 trying to get everybody back to work again. 9 And the Pan Am pilots lived in 10 these houses, and it's this funny little 11 cul-de-sac of, you know, of houses that was 12 probably in the middle of the woods when this 13 was built and the seaplanes, because that was 14 what took off from the Marine Air Terminal, 15 which is why it's called the Marine Air 16 Terminal, they were kept in hangars of what then 17 became Thypin Steel. And, you know, they would 18 make their way on over to there. And, you know, 19 for those of you who have live in the Port 20 Washington, you know, area, if you go to Port 21 Washington library, you'll find some fascinating 22 pictures of all of that when it was, you know, 23 in full swing. 24 And at one point, I -- and it 25 just escapes me who was the governor of New York 26 at the time. He was also a pilot and he would 27 fly up to Albany on Monday morning and land in 28 the river that's, you know, that's there, which 29 also the name escapes me. And he'd spend a week 30 up there. And then on Friday he would fly on 31 back to the Thypin Steel hangars, you know, that 32 are there. 33 So there's, you know, there's 34 lots, lots there to be seen, and I'm always 35 fascinated by, you know, by that and we have had 36 a couple of other applications in this little 37 area there. 38 MR. COSTELLO: Are you aware 39 that the floor package is actually Thypin's 40 truss steel? 41 CHAIR MAMMINA: Oh, is it? 42 MR. COSTELLO: It's the same 43 structure that they made the wing air foils 44 from. 45 MR. HERNANDEZ: Interesting. 46 Interesting So one more piece. Okay. 47 MS. ALGIOS: So I just want to 48 mention Ginny's been knocked off the hearing.

1 03/24/2021 27 2 She's trying to get back on. I have the plans up 3 and I can share my screen if any of the members 4 would like to see it. 5 CHAIR MAMMINA: Sure. Why 6 not, Deborah. 7 MR. HERNANDEZ: I'd just like 8 to make one comment -- 9 CHAIR MAMMINA: It was always 10 at the ready. 11 MR. HERNANDEZ: I'd like to 12 make one comment before you start since we're 13 talking about the overall house. This is also 14 an area that I believe -- this extension is only 15 -- it's completely in the back of the house. 16 And this is the area where there's a big drop 17 between these houses and their neighbors behind 18 them. It's almost like a ravine. So the other 19 -- you're basically looking over their roof 20 tops, if I remember correctly -- 21 MR. COSTELLO: You're correct. 22 MR. HERNANDEZ: -- the 23 neighbors behind you. So it's not like they're 24 encroaching on top of the neighbors that are 25 behind them. Is that correct, Mr. Costello? 26 MR. COSTELLO: That is 27 correct. Thank you. That's a good observation. 28 You must know the area well. 29 MR. HERNANDEZ: Yes, I do. 30 MR. DONATELLI: Mr. Costello, 31 I also have a question. Is there any way -- 32 have you given any thought to trying to minimize 33 the size of this room, would it be practical or 34 can you address that issue? 35 MR. COSTELLO: Sure. The 36 bathroom on the first floor is a bit -- small as 37 it can be. It's basically 6x6 and you can't get 38 really much smaller. That leaves the den, the 39 proposed den at 13x15, which isn't, you know, 40 grossly large, we believe. Could it be shaved? 41 A foot or two, maybe. But we think that the 42 13-foot width across is basically, 43 architecturally, just a straight line as you may 44 see in the plan. So the only -- 45 MR. HERNANDEZ: It might be a 46 good time to look at the plans where you can 47 poke it. 48 MR. COSTELLO: Yeah. The only

1 03/24/2021 28 2 option, if we were to make it smaller, if that's 3 a request or a proposal or a question, will be 4 to shorten the length. But the width, I think, 5 is pretty much a given. 6 MR. DONATELLI: The 7 screened-in porch that is there now, does that 8 have footings? 9 MR. COSTELLO: That does have 10 footings. Yes, it does. That -- 11 MR. DONATELLI: All right. 12 MR. COSTELLO: -- currently is 13 68 square feet, but it's going to be -- we 14 presume -- in the way and those footings will be 15 removed. It's basically, I think at best, like, 16 a concrete slab. We're not relying on that 17 footing. 18 CHAIR MAMMINA: Deborah, if 19 you could scoop one drawing up from what you 20 have -- 21 MR. COSTELLO: Let me go to 22 that -- the floor plan there. 23 CHAIR MAMMINA: There you go. 24 There's the floor plan [zoom inaudible there. 25 MR. COSTELLO: Yeah. 26 MS. ALGIOS: You're welcome. 27 MR. COSTELLO: So in the 28 westerly direction, the den is 15 -- 15 feet. 29 So after the -- existing wall, which is the west 30 wall of the kitchen, that's the existing 31 footprint of the house, let's call it. So the 32 addition in the rear, the former screen porch is 33 taking up about the same footprint as what is -- 34 what you're watching -- you're seeing as the 35 bathroom and the office, and the office nook, 36 we'll call it. It's really not an office, it's 37 just -- it's a hallway. 38 So the hallway and the 39 bathroom is where this old screen porch was and 40 that's being replaced, if you will, for this. 41 So the net addition is really the den, if you 42 want to think of it that way. But we're 43 thinking of it as a clean break and a new 44 construction because the porch really isn't able 45 to be used. 46 MR. HERNANDEZ: This is a -- 47 what we call a semi-attached house. And I just 48 want to confirm that the attached house is on

1 03/24/2021 29 2 the side of where the stairs going up to the 3 second floor is, correct? 4 MR. COSTELLO: Correct. 5 MR. HERNANDEZ: That's the 6 party wall. 7 MR. COSTELLO: The party wall 8 is on the south -- 9 MR. HERNANDEZ: Yeah. 10 MR. COSTELLO: -- which is the 11 party wall of the staircase and it's in the -- 12 other unit is a mirror of that. 13 MR. HERNANDEZ: Right. It's 14 the reverse mirror. Correct. And does the 15 neighbor have the structuriosity [sic] and 16 extension back there; do you know? 17 MR. COSTELLO: They do not. 18 It's just the original screen porch. So it 19 comes out about as far as the bathroom. 20 MR. LEVINE: Okay. So I'm 21 looking at -- because there seems to be stairs 22 going to the basement from the backyard. So 23 there's going to be, like, a hallway, you know, 24 an alley, so to speak, between the house and the 25 party wall? 26 MR. COSTELLO: The stairs to 27 the -- well, those are existing stairs to the 28 basement, it's not an alley. 29 MR. HERNANDEZ: But how do you 30 get to them? From where, you have a bathroom 31 back -- 32 MR. COSTELLO: In the kitchen 33 -- 34 MR. HERNANDEZ: -- there now, 35 and a kitchen? 36 MR. COSTELLO: The kitchen, as 37 you do now, you want -- 38 MR. HERNANDEZ: Does it hold 39 that? 40 MR. COSTELLO: Through a 41 closet to the kitchen. Through the kitchen to 42 go to the basement. 43 CHAIR MAMMINA: What kind of 44 closet? 45 MR. HERNANDEZ: I'm sorry, I 46 don't see that door. I see the kitchen, I see 47 the stove. 48 MR. COSTELLO: On floor floor

1 03/24/2021 30 2 plan No. 2, there's a pocket door. It's a 3 dotted -- 4 MR. HERNANDEZ: There is a 5 pocket door? 6 MR. COSTELLO: It's a dotted 7 -- 8 MR. HERNANDEZ: Okay. That's 9 a pocket door at the end of the kitchen -- 10 MR. COSTELLO: Yeah. 11 MR. HERNANDEZ: -- so there's a 12 gap, we continue on up it, then wall, that's a 13 pocket door, fine. Now, as you enter that 14 landing, for a lack of a better term, if you 15 turn left, you're going down and if you turn 16 right, you're going to the backyard? 17 MR. COSTELLO: That's correct. 18 MR. HERNANDEZ: So there 19 you're going into the backyard, which is going 20 to be extremely narrow four-foot piece of grass, 21 I guess, between the neighbor's property and 22 your wall -- your new wall? 23 MR. COSTELLO: Yes. 24 MR. HERNANDEZ: Okay. Just 25 trying to understand what are we looking at. 26 MR. COSTELLO: And in the 27 front the same thing. Yeah. Well, in the front 28 there, they are -- it's a combined portico. 29 MR. HERNANDEZ: Okay. 30 CHAIR MAMMINA: Actually, 31 these are these are attached one to the other. 32 So it is, Jay, as you're saying, extremely 33 narrow. 34 MR. HERNANDEZ: Yeah. It 35 reminds me of the Brooklyn days. Semi-attached 36 and attached. 37 CHAIR MAMMINA: Try to squeeze 38 a car up through there. 39 MR. HERNANDEZ: I lived in 40 those houses. 41 CHAIR MAMMINA: Yeah, me too. 42 MR. COSTELLO: Okay. 43 CHAIR MAMMINA: Okay. I don't 44 know, does anybody -- 45 MR. HERNANDEZ: I don't have 46 anything else. 47 CHAIR MAMMINA: -- anyone have 48 anything else on this? I mean, I would say this

1 03/24/2021 31 2 is extremely unique. 3 MR. HERNANDEZ: Yeah. Just to 4 out of curiosity, how far back does the property 5 go? Because I know that like I said, that 6 property drops significantly in the back. 7 CHAIR MAMMINA: Could you 8 continue up two more drawings and then there's 9 an area map? 10 MR. COSTELLO: Yeah. 11 CHAIR MAMMINA: There you go. 12 MR. COSTELLO: There you go. 13 I'm looking at the survey by Ferentello, it is 14 98.46 in depth and 26.57 across the narrow 15 front. 16 MR. HERNANDEZ: Again, only 17 because I know the area well -- happen to know 18 most of the -- these areas well, from the lower 19 houses on that circle at the bottom there of 20 Bayview Avenue, if you look up, you see some 21 houses that have these pylons holding up parts 22 of the house. Do you anticipate having to put 23 some pylons back there or is there enough land 24 there for you -- 25 MR. COSTELLO: No. 26 MR. HERNANDEZ: -- to build 27 on? 28 MR. COSTELLO: There's 29 definitely enough land there. 30 MR. HERNANDEZ: Okay. Fine. 31 Again, point of curiosity, that's all it is. 32 MR. COSTELLO: Sure. 33 CHAIR MAMMINA: Any other 34 questions from anyone? 35 MR. HERNANDEZ: Not me. 36 MR. FRANCIS: No. 37 MR. DONATELLI: No. 38 CHAIR MAMMINA: What's 39 everyone's feelings? 40 MR. DONATELLI: I do have one 41 or two thoughts about this. I think I would 42 like to try to review the file one more time. 43 So with the Board's permission, I would like to 44 reserve decision on that. 45 CHAIR MAMMINA: Absolutely. 46 No problem. So we will just reserve decision, 47 you know, on this. It may be decided later 48 today or maybe at our next hearing. So thank

1 03/24/2021 32 2 you very much, Mr. Costello. We appreciate it, 3 and very thorough presentation. 4 MR. COSTELLO: Okay. Thank 5 you. Thank you, everyone. 6 CHAIR MAMMINA: Thank you. 7 So at this point we will continue -- no. 8 Reserve. 9 MS. ALGIOS: Reserve. 10 CHAIR MAMMINA: Is that 11 right? Yes, right? 12 MR. COSTELLO: Yes. Yes. 13 CHAIR MAMMINA: I got it 14 right, finally. Okay. We will reserve this 15 application. Thank you. 16 MR. COSTELLO: That means I 17 get un-promoted? 18 CHAIR MAMMINA: That's right. 19 Demoted. Back to -- 20 MR. COSTELLO: Thank you. 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48

1 03/24/2021 33 2 MS. WAGNER: Okay. Next 3 appeal. Appeal number 21023, Adriana Minsky, 4 308 Mill Spring Road in Manhasset, Section 3, 5 Block 160, Lot 289, in the Residence-A zoning 6 district. Variances from 70-30.B and 70.32 to 7 construct a pitched roof over an existing 8 bedroom that is too close to the front and rear 9 lot lines. 10 CHAIR MAMMINA: You've heard 11 appeal number 21023, Adriana Minsky, is there 12 anyone in the room interested in the 13 application, and if so, please put your hand up 14 in the chat. And if we could have the 15 applicant, that would be wonderful. 16 MR. NEMEC: Mute. Good aft -- 17 good morning, everyone. Can you hear me? 18 CHAIR MAMMINA: We can hear 19 you but we can't see you, but I guess -- oh, now 20 we can see you. 21 MR. NEMEC: Okay. 22 CHAIR MAMMINA: I can see you 23 both now. So if you're both going to speak, we 24 would just ask that you both put your name and 25 address on the record. 26 MR. NEMEC: Norman Nemec, AIA 27 -- 28 CHAIR MAMMINA: Oh, we don't 29 see you Norman, but I guess that's okay. 30 MR. NEMEC: How come you don't 31 see me? The shared screen -- 32 MR. FRANCIS: Is your camera 33 on? 34 MR. LEVINE: Step into the 35 light. Come towards the light. 36 MR. NEMEC: Can you see me? 37 MR. LEVINE: No. 38 MR. HERNANDEZ: No. 39 MR. NEMEC: Hello? 40 CHAIR MAMMINA: No, not yet. 41 MR. HERNANDEZ: We can hear 42 you, we can't see you. 43 MR. NEMEC: I'm not a guru, a 44 tech guru, so -- well, at least you can hear me. 45 CHAIR MAMMINA: We can hear 46 you. 47 MR. NEMEC: Norman Nemec, AIA, 48 41 Onderdonk Avenue, Manhasset, New York. I'm

1 03/24/2021 34 2 the architect representing the Minsky family. 3 We were before the Board years ago. The house, 4 when it was originally built, had a second floor 5 walk-in closet. And the purpose of our variance 6 last time around was the prior owner had 7 enclosed below this walk-in closet, which is the 8 subject where we want to put a roof over. 9 And so now the Minsky family 10 has to redo their entire slate roof. And what 11 they are contemplating is to put a slightly 12 pitched roof, a gable roof, that matches the 13 rest of the house. There's no hipped roofs on 14 this house, there's a gable -- proposing a gable 15 roof. Right now it's a flat roof. 16 It's -- it's very difficult to 17 get to for maintenance reasons. It's a very old 18 roof, it leaks a lot and they thought that it 19 would be a wise time to see about getting the 20 approval from the board so that they can put a 21 pitched roof, which would be maintenance free. 22 And that's basically it, it's just a roof. 23 MR. LEVINE: Flat roofs are 24 just the worst thing ever invented for a 25 residence. 26 MR. NEMEC: Yes. 27 MR. LEVINE: I don't know why 28 they ever go on a house. I've never seen one 29 that -- one that doesn't leak, and I've had two 30 houses with flat roofs. And the first thing I 31 did on both was I got a permit to pitch the 32 roof. 33 MR. DONATELLI: Let me just 34 add that there was a point when I was 35 considering doing something to my house and 36 fortunately my contractor talked me out of it, 37 and best thing he ever did. 38 MR. FRANCIS: Did you pay him 39 extra for it? 40 MR. DONATELLI: In kudos. 41 MR. FRANCIS: There you go. 42 Okay. 43 MR. HERNANDEZ: Mr. Nemec, 44 could you -- do you have the architectural 45 renderings, something to show us how the house 46 will change, or where it's going to -- 47 MR. NEMEC: Can the moderator 48 do that?

1 03/24/2021 35 2 MR. HERNANDEZ: Sure. 3 MS. WAGNER: I can bring up the 4 plans, yes. 5 MR. NEMEC: Thank you, 6 Virginia. 7 CHAIR MAMMINA: It looks like 8 we lost Virginia too. 9 MS. WAGNER: No, I'm back. 10 MR. FRANCIS: Well, you're half 11 back. 12 MR. LEVINE: Hiding. 13 MS. WAGNER: You can't get rid 14 of me that easily. 15 MR. FRANCIS: Oh, would we ever 16 try? 17 MS. WAGNER: Let's see -- 18 MR. DONATELLI: Mr. Nemec, 19 while we're waiting for the plans, just to be 20 clear, we are not in any way changing the 21 footprint of the house; is that correct? 22 MR. NEMEC: Yes, that's 23 correct. I was -- it's basically, the existing 24 eaves is even staying, the gutter. We're just 25 basically building a gable roof on top of this 26 walk-in closet. There we go. 27 MS. WAGNER: That's the site 28 plan and then -- let's go to the elevations, I 29 guess? 30 MR. NEMEC: Yeah, I think that 31 would be most helpful. There we go. So on 32 elevation below, if you can scroll down a little 33 bit -- 34 MS. WAGNER: Oops, sorry. 35 Hold on a second. 36 MR. NEMEC: It's okay. All 37 right. So that -- that view right there is the 38 new gable roof. It's the same style as the 39 house with Tudor style and same roof pitch. 40 Basically, I think it's about 12 and 12 pitch. 41 MR. HERNANDEZ: Okay, I -- 42 MR. NEMEC: And also right 43 now, we're showing a window. I don't know if 44 you have photographs of what this walk-in closet 45 looks like now, but it really doesn't look very 46 good architecturally, in my opinion. 47 MR. HERNANDEZ: Mr. Nemec 48 forgive me, but I'm looking at a flat roof, but

1 03/24/2021 36 2 it's not a walk-in closet. It's got two giant 3 windows on it. I mean, if you look at this -- 4 MR. NEMEC: Right. We're not 5 -- that -- 6 MR. HERNANDEZ: -- at least 20 7 feet will be -- 8 MR. NEMEC: That's the garage. 9 It's the roof -- 10 MR. HERNANDEZ: So you're not 11 talking about that? 12 MR. NEMEC: No, no. I'm 13 talking about the triangle. 14 MR. HERNANDEZ: I don't see 15 it. That's the problem. 16 CHAIR MAMMINA: If you -- are 17 you looking at the front elevation? 18 MR. HERNANDEZ: I'm looking at 19 whatever Ginny's putting up, I guess it's the 20 front elevation. 21 CHAIR MAMMINA: Right now, 22 that's the west -- that's the west side, the 23 right-hand side of the house, if you are looking 24 at it straight on. If you -- if you leave that 25 front elevation -- I'm sorry, Ginny, I don't 26 mean to make you crazy. Okay. That's from the 27 rear now, Jay, so everything that's on the left 28 is what -- 29 MR. HERNANDEZ: The garage is 30 on the right with one window. I see that. 31 CHAIR MAMMINA: That's right. 32 Then, in other words, the flat roof is still 33 there on the -- you know, on the garage. 34 MR. NEMEC: Yeah. 35 MR. HERNANDEZ: Which flat 36 roof will be the one -- is the one that we are 37 raising? 38 MR. NEMEC: Okay. So you see 39 the drawing right now that says "Proposed rear 40 elevation." 41 MR. HERNANDEZ: Correct. 42 MR. NEMEC: You'll see that 43 there is a white angled line right -- that 44 bisects the chimney? 45 MR. HERNANDEZ: Yes. 46 MR. NEMEC: That's the existing 47 flat roof. 48 MR. HERNANDEZ: Got it.

1 03/24/2021 37 2 MR. NEMEC: And so everything 3 above it is what we're proposing to add. 4 MR. HERNANDEZ: So is that -- 5 okay. So is that space behind the chimney? 6 MR. NEMEC: Yeah. 7 MR. HERNANDEZ: That roof line 8 behind the chimney? 9 MR. NEMEC: Yeah. Yeah. 10 MR. HERNANDEZ: Well, I must 11 have driven in front of his house a dozen times 12 In the last couple of months. I live in the 13 neighborhood -- 14 MR. NEMEC: Right. 15 MR. HERNANDEZ: -- and I never 16 noticed that flat roof. That's the problem, you 17 know. 18 MR. NEMEC: Yeah. And so as I 19 was saying, if you could go to the west 20 elevation, just scroll down a little bit. Okay. 21 Right there. That's good. So we -- right now, 22 you don't have that triangular pitched gable 23 roof. Right now it's a flat roof and then 24 there's no window either. And it just looks 25 like a box on top of the room below. 26 And so in addition to 27 providing a pitched roof, we're trying to 28 architecturally enhance the look of the house 29 because this is the elevation that you're going 30 to see as you're driving up the Mill Spring 31 Road. And it's very prominent, you know, view 32 as you're driving and we think it's going to 33 look a lot nicer. 34 It's going to add, you know, 35 some character that -- to the neighborhood as 36 well. It's going to be consistent with all the 37 other houses. All the other houses around don't 38 have a, you know, a void, a box with a flat roof 39 in your face. All the houses there are very 40 well articulated architectural designs, and this 41 is, we believe, an extension of what the 42 neighborhood looks like. 43 MR. HERNANDEZ: Yeah. It is a 44 very strange looking box, as was rightly pointed 45 out. Thank you. Yeah. I have no further 46 questions. Anybody else? 47 MR. DONATELLI: I have no 48 further questions.

1 03/24/2021 38 2 MR. LEVINE: No. 3 MR. HERNANDEZ: Yeah. Unless 4 anyone has any objections, I think I'm ready to 5 make a motion. 6 MR. FRANCIS: Go for it. 7 CHAIR MAMMINA: 8 MR. DONATELLI: Mr. Chairman, 9 as I said I've been through this neighborhood 10 many, many times. I had not noticed t, hat box 11 up there, but I actually looked at it just now 12 again when I looked at my photographs. And it 13 is kind of strange looking. What they are 14 proposing is -- it is an improvement to the 15 house and it certainly would not be detrimental 16 to the neighborhood. So I move that we grant 17 the application. 18 CHAIR MAMMINA: We have a 19 motion. Do we have a second? 20 MR. LEVINE: Second. 21 MR. DONATELLI: Second. No, 22 sorry. Give it to David Levine, the Honorable. 23 MR. LEVINE: Gotta get my 24 seconds in now -- I've gotta get my seconds in 25 now. 26 MR. DONATELLI: Or forever 27 hold your peace. 28 MR. LEVINE: That's right. 29 CHAIR MAMMINA: Okay. So we 30 have a motion, Mr. Hernandez. Seconded, Mr. 31 Levine. Please poll the board. 32 MS. WAGNER: Member Hernandez? 33 MR. HERNANDEZ: Aye. 34 MS. WAGNER: Member Levine. 35 MR. LEVINE: Aye. 36 MS. WAGNER: Member Francis. 37 MR. FRANCIS: Aye. 38 MS. WAGNER: Chairman Mammina. 39 CHAIRMAN MAMMINA: Aye, 40 application is granted. Thank you. 41 MR. NEMEC: Thank you. 42 CHAIR MAMMINA: Good luck. 43 MR. NEMEC: Thank you. Have a 44 good day. Bye. 45 MS. WAGNER: Thank you. 46 CHAIR MAMMINA: Thank you. 47 You too. 48 MR. DONATELLI: You're

1 03/24/2021 39 2 welcome. 3 MS. WAGNER: Deborah, do you 4 see the applicant for the next appeal on the 5 screen? Because they're representing 6 themselves. So I just want to make sure they're 7 available. 8 CHAIR MAMMINA: And that's pro 9 se, right? 10 MS. ALGIOS: Yes, I see them. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48

1 03/24/2021 40 2 MS. WAGNER: Okay. Next 3 appeal. Appeal No. 21024, Hyman and Verna 4 Livingston, 31 Secor Drive North in Port 5 Washington, Section 5, Block 78, Lot 12 in the 6 Residence-A zoning district. Variance from 7 70-100.2K to install a generator too far from 8 the home. 9 CHAIR MAMMINA: Right. Appeal 10 No. 21024, Hyman and Verna Livingston. 11 MR. LIVINGSTON: Yes, sir. 12 Good morning. 13 CHAIR MAMMINA: And -- no. 14 Let me just finish calling it, Mr. Livingston, 15 but thank you for your enthusiasm. Is there 16 anyone that is on the case in the chat, whatever 17 -- who is interested in the application other 18 than the applicant? So we're not seeing -- 19 MS. WAGNER: I do not see any 20 hands raised. 21 CHAIR MAMMINA: We're not 22 seeing any hands at this point. So please give 23 your name and address. Thank you. 24 MR. LIVINGSTON: Yeah. Hyman 25 Livingston, 31 Secor Drive, Port Washington 26 11050. 27 CHAIR MAMMINA: Good morning. 28 So the floor is yours and I -- 29 MR. LIVINGSTON: Thank you. 30 CHAIR MAMMINA: -- guess that 31 -- 32 MR. LIVINGSTON: I'll tell you 33 something. I have never taken part in something 34 like this. And I have to tell you something, I 35 was enjoying Mr. Levine's talking about copper 36 pots. Because my daughter, who moved in because 37 of COVID is sitting next to me, used to work for 38 11 Madison Park. And she was saying this may 39 kill it. She said, copper pots? So -- 40 CHAIR MAMMINA: Actually, they 41 were my copper pots that someone gave me as a 42 gift, and they are extremely beautiful. And 43 that's why I was asking Mr. Levine, who also 44 loves cooking, as I do, and I said I'm afraid to 45 use them. I think I'm just going to hang them 46 on the wall and look at how beautiful they are. 47 MR. LIVINGSTON: Yeah, the -- 48 sadly the restaurant closed because of COVID and

1 03/24/2021 41 2 she had to move in, so she's sitting right here. 3 All right. Listen, I don't want to take too 4 much -- 5 MR. LEVINE: Their roast 6 chicken is excellent. They are delivering their 7 roast chicken. 8 MR. LIVINGSTON: They are. 9 MR. LEVINE: And I've had it. 10 It's superb. It is absolutely outstanding. 11 MR. LIVINGSTON: Now, the -- 12 some of my favorite -- the way they do the foie 13 gras underneath the skin and roast it, it's like 14 -- 15 MR. LEVINE: Oh, it's a heart 16 attack on a plate, but it outstanding. 17 MR. LIVINGSTON: I know. 18 Okay. So listen. Thank you so much. So let me 19 just pretty much tell you, I'm 82 years old, 20 lived in this house for 39, 40 years, maybe 21 more, and in need of a generator. And spoke to 22 a bunch of people, and when it turned out that I 23 brought Home Run to the property -- and I also 24 sent you pictures. 25 By the way, did you receive 26 the letters from my doctor concerning my -- you 27 know, I think I'm in pretty good condition, but 28 I survived kidney cancer at all kinds of cancers 29 and had heart surgery. But, you know, you do 30 need to check -- Dr. Elippo (phonetic). 31 But if you consider the -- I 32 sent you pictures, but the problem is that where 33 the generator can go is, there is photos. If 34 you look at the property, there's the deck and 35 then there's steps going up to the deck and next 36 to the deck going north, there's a -- we have 37 the deck and then there's this patio, brick 38 patio. 39 And the only place that the 40 generator can go, functionally, is there's a 41 tree there, and to the left of the tree, in 42 other words, between the tree and the deck, is a 43 bush which will come out and the generator will 44 go where that bush is. And there'll be some 45 kind of concrete platform built. 46 And the, you know, the lines 47 at Ventura -- by the way, I can't say enough 48 good about Ventura. I just -- that's -- just

1 03/24/2021 42 2 want to let you know something, they're great. 3 And they would take care of putting in the 4 plumbing and electrical lines, whatever's 5 required. 6 But the generator, to be 7 specific, is out of code because it's -- the 8 deck is there and there's no way we can get rid 9 of the deck. So that's the problem, to allow a 10 variance to move the generator slightly away 11 from the house because the deck is there. 12 And I sent the pictures. 13 There's two pictures, one taken of the deck and 14 the steps, and that picture shows that -- the 15 tree and the bush. I see two separate photos 16 which daughter said she sent you. And the 17 reason for the generator, of course, is I, you 18 know, I don't have any oxygen or anything like 19 that. I just really could not afford to be 20 without heat or whatever. So that's the issue. 21 MR. LEVINE: A generator is 22 pretty much a necessity at this point. 23 MR. FRANCIS: That's right. 24 CHAIR MAMMINA: Right. 25 MR. LIVINGSTON: It absolutely 26 is. 27 MR. LEVINE: I know that it is 28 no longer the luxury it once was. 29 MR. LIVINGSTON: And we can't 30 get at a generator. I mean, Dr. Elippo was 31 adamant when I was going through this about 32 getting -- excuse me -- about getting something 33 that would have a starter, and take it out the 34 garage, and you fill it up with thing, he said 35 absolutely, no. 36 MR. LEVINE: No, no, no. 37 Hard-wired gas. 38 MR. DONATELLI: Yeah. I would 39 -- 40 MR. LEVINE: What happens when 41 you're not home and the electric goes out, what 42 are you supposed to do then? Come home and 43 everything is out? 44 MR. LIVINGSTON: Absolutely. 45 MR. DONATELLI: I would just 46 note for the record that the deck -- the raised 47 wood deck that is there, is -- it really kind of 48 rules out any other possibility of code

1 03/24/2021 43 2 compliance. And I think that putting the 3 generator in the current spot is really pretty 4 much your only option. 5 MR. LIVINGSTON: Yes. Well 6 stated. That's exactly the problem. 7 MR. LEVINE: What kind of 8 generator is it? I'm sorry. If I missed it, I 9 apologize. 10 MR. LIVINGSTON: The model is 11 a Kohler. We're going with Home Run and they're 12 a distributor for Kohler. 13 MR. LEVINE: The Kohler is 14 actually the quieter of the main brands. So I'm 15 -- not that Generac's very noisy, but the Kohler 16 is significantly quieter. 17 MR. LIVINGSTON: Yeah. I used 18 to be in recruiting before I retired, so I was a 19 headhunter for 45 years. And I was actually on 20 retainer with Generac and the Generac, I 21 remember visiting the plant and it is quieter 22 and I think the quality control that they have 23 -- excuse me -- the distribution of parts. 24 The big problem with Generac 25 is that if you get a breakdown, they can't 26 guarantee anything less than four days for 27 installation of parts. I actually called my 28 contacts at Generac, and I knew Kohler too, when 29 I was a headhunter. So I agree with you. It's 30 quieter and I think that the quality control -- 31 and hopefully Home Run would be on top of it. 32 CHAIR MAMMINA: All right. 33 Well, thank you so much, Mr. Livingston. Mr. 34 Levine? MR LEVINE: 35 Actually, Port Washington, Mr. Donatelli. 36 CHAIR MAMMINA: Oh, am sorry, 37 Mr. Donatelli, I was looking at -- because I 38 know you're the generator man, David. 39 MR. LEVINE: Listen, I have a 40 Generac, but then again, I've and acre 41 and-a-quarter, so no one cares how loud mine is. 42 CHAIR MAMMINA: Right. 43 MR. DONATELLI: Right. So, 44 Mr. Chairman, having reviewed the site plan and 45 -- that the applicant provided, I once again 46 reaffirm my opinion that there's really no other 47 practical place to locate it. And as Mr. Levine 48 noted, it really is pretty much a necessity

1 03/24/2021 44 2 these days. 3 And, Mr. Livingston, I 4 congratulate you for having met those challenges 5 -- those health challenges, and still being a 6 young and vibrant 82 years old. Having said 7 that, Mr. Chairman, I make a motion that we 8 grant the application. 9 CHAIRMAN MAMMINA: We have a 10 motion by Mr. Donatelli to grant the 11 application. Do we have a second? 12 MR. HERNANDEZ: Second. 13 CHAIR MAMMINA: Seconded by 14 Mr. Hernandez. 15 Please poll the board, 16 Virginia. 17 MS. WAGNER: Member Levine? 18 MR. LEVINE: Aye. 19 MS. WAGNER: Member Hernandez? 20 MR. HERNANDEZ: Aye. 21 MS. WAGNER: Member Donatelli. 22 MR. DONATELLI: Aye 23 MS. WAGNER: Chairman Mammina. 24 CHAIR MAMMINA: Aye. 25 The application is granted, 26 and I would also just like to add that with the 27 topography of the land and -- well, where the 28 raised deck is, really, you know, it, you know, 29 it screens the generator largely and probably 30 the only people that are impacted by the noise 31 would be the Livingstons. So -- 32 MR. LIVINGSTON: I appreciate 33 you say -- by the way, we live -- if we go to 34 the house next door -- we have fabulous 35 neighbors, the Korains, and they are the only 36 ones that are affected, and she's going through 37 trying to have a generator. So we're both going 38 through this drill, so listen, thank you. This 39 was a good experience, by the way. I enjoyed 40 going through, you know, hearing what you have 41 to go through with the houses and everything. 42 (OFF THE RECORD.) 43 MR. LIVINGSTON: Okay. 44 listen, thanks so much for your time. 45 CHAIR MAMMINA: Thank you all 46 very much. 47 MR. LIVINGSTON: Thank you. 48 MR. LEVINE: You're welcome.

1 03/24/2021 45 2 CHAIR MAMMINA: Tune in any 3 time. It can be very entertaining. 4 MR. LIVINGSTON: Thanks a lot. 5 Take care. Bye. 6 MR. DONATELLI: Stay well. 7 MR. LIVINGSTON: Thank you. 8 MS. WAGNER: Thank you. 9 MR. LEVINE: I put that 10 chicken in the fridge. I took it out the next 11 day and there was a layer on the bottom of 12 butter and fat that had to be, like, a 13 centimeter. 14 CHAIR MAMMINA: All right. 15 MR. LEVINE: But damn. It was 16 good. 17 CHAIR MAMMINA: That shows 18 it's good. 19 MR. HERNANDEZ: And the other 20 centimeter is in your belly. 21 MR. DONATELLI: Yeah. 22 MR. LEVINE: Because I -- you 23 had the bread to soak it up. 24 CHAIR MAMMINA: That's it. 25 Okay. So let's call the next case. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48

1 03/24/2021 46 2 MS. WAGNER: The next appeal's 3 appeal No. 21025, Dionne Powell, 1 Secor Drive 4 in Port Washington, Section 5, Block 78, Lot 5 129, in the Residence-A zoning district. 6 Variance from 70-100.2.K to install a generator 7 in a front yard, which is not a permitted 8 location. 9 CHAIR MAMMINA: You've heard 10 appeal No. 21025, Dionne Powell. Is there 11 anyone who is on the meeting who is interested 12 in the application other than the applicant? 13 MS. WAGNER: I believe we had 14 someone that was registered to speak. 15 CHAIR MAMMINA: We'll see if 16 they put their -- if there are, just put your 17 hand up, then. Thanks, man. 18 MS. WAGNER: I don't see them 19 on here, but I think that maybe what happened 20 was there was some correspondence between the 21 applicant's attorney and that person and maybe 22 their issues were resolved and so they might not 23 -- may no longer wish to speak. 24 MR. LEVINE: Richard Carlton? 25 MS. WAGNER: Yes. So perhaps 26 he decided not to join. 27 CHAIR MAMMINA: It's always 28 good when neighbors talk to neighbors. Okay, 29 sir, Please give your name and address, whoever 30 you are. 31 MR. MIGATZ: Bruce W. Migatz 32 at the law firm Albanese & Albanese, 1050 33 Franklin Avenue, Garden City, for the applicant, 34 Dr. Dionne Powell. And Ms. Wagner, Dionne -- 35 Dr. Powell should be on the Zoom, if you could 36 promote her? 37 MS. WAGNER: Deborah, do you 38 see her? 39 MS. ALGIOS: I just promoted 40 her. 41 CHAIR MAMMINA: Okay. Thank 42 you, Deb. 43 MS. ALGIOS: You're welcome. 44 CHAIR MAMMINA: Mr. Migatz, 45 good morning. Mrs. Powell, good morning. 46 MR. MIGATZ: Good morning, Mr. 47 Chairman. I'm not sure if I'm going to order 48 dinner or present the case here after that last

1 03/24/2021 47 2 -- 3 CHAIR MAMMINA: We'll buy some 4 Copper pots, okay? 5 MR. MIGATZ: Some copper pots, 6 yes. Yeah. 7 MR. DONATELLI: It is getting 8 close to lunchtime, so let's try and avoid 9 talking about food, shall we? 10 CHAIR MAMMINA: Okay. 11 MR. LEVINE: We'll break after 12 the residential calendar. 13 MR. MIGATZ: This also is an 14 application for a generator and Dr. Powell also 15 lives on Secor Drive. And let me share my 16 screen. Can you see my screen? 17 MR. LEVINE: Yes, we can. 18 CHAIR MAMMINA: Well, we see 19 you. 20 MR. LEVINE: We see you. 21 MR. MIGATZ: You don't see the 22 screen? 23 MR LEVINE: Not yet. 24 MR. DONATELLI: No. 25 CHAIR MAMMINA: Not yet. 26 MR. LEVINE: Nor do we see 27 that fancy backdrop you used to have at Albanese 28 & Albanese. 29 CHAIR MAMMINA: That's right. 30 Very banner-like. 31 MS. WAGNER: Mr. Migatz -- 32 MR. MIGATZ: I don't know. 33 CHAIR MAMMINA: There we go. 34 MR. MIGATZ: There we go. 35 CHAIR MAMMINA: There we go, 36 it's on. 37 MR. MIGATZ: Okay. Exhibit 1 38 is a photograph of Dr. Powell's house on Secor 39 Drive and it is a corner lot, and this is an 40 aerial photograph, Exhibit 2. My cursor is 41 pointing to Dr. Powell's house. And it is on 42 the corner of North Plandome Road -- that's at 43 the bottom of the photograph -- and Secor Drive. 44 The application is to install a generator. 45 There was a prior appeal, just for the record. 46 I did mark that as Exhibit 3. Try that again. 47 MS. WAGNER: Counterclockwise. 48 MR. MIGATZ: Yeah. All right.

1 03/24/2021 48 2 Thank you, Ms. Wagner. I appreciate that. 3 MR. DONATELLI: Well, at this 4 point it is, anyway. 5 MS. WAGNER: We're almost 6 there. 7 MR. MIGATZ: I know, I know, I 8 know, I know, I know, I know, I know. 9 MR. LEVINE: Click -- or right 10 -- no, right click and you should be able to get 11 that cursor, there you go. 12 MS. WAGNER: Just to let you 13 know, Mr. Migatz, I always rotate the exhibits 14 that you send before I send them to the Board 15 and I save them, so -- 16 MR. MIGATZ: You know, I tried 17 -- 18 MS. WAGNER: -- I could save 19 you the time by sending them back to you. 20 MR. MIGATZ: Well, anyway. 21 MS. WAGNER: Would that not 22 work? 23 MR. MIGATZ: We don't have to 24 rotate that. Exhibit 3 is a decision, appeal 25 No. 17362. The premises has a prior 26 non-conforming front yard. They're on a corner 27 lot. The garage is prior non-conforming, 28 requiring 35 feet, existing 27 feet. 29 In the prior appeal, that was 30 for a rear addition to the house in 2006. And 31 the rear of the house is considered a front 32 yard. So this Board did grant a variance for a 33 rear addition in 2006. Only 42 square feet of 34 that addition encroached. 35 Exhibit -- this is not marked 36 as an exhibit. This is the site plan that the 37 Board has in the file, and it shows the location 38 of the generator has to be five feet away from 39 the house, so this is the garage. The top of 40 the picture is North Plandome Road, and then on 41 the side is Secor Drive. 42 The site of the garage is 43 deemed a front yard -- 44 MR. LEVINE: Yeah. 45 MR. MIGATZ: -- and that's why 46 we need a variance. And there was some 47 confusion. The residents that I communicated 48 with, they thought it was going in the front of

1 03/24/2021 49 2 the house, but it's not. It's going on the side 3 of the house, which is deemed a front yard. 4 MR. DONATELLI: And, Mr. 5 Migatz, sorry, just for clarification purposes, 6 I don't know if you already stated that. It 7 will be in the vicinity of the existing air 8 conditioning units; is that correct? 9 MR. MIGATZ: That is correct. 10 And Exhibit 4 is a photograph taken from Secor 11 Drive and you see the garage, and where my 12 cursor is, is where the two -- the AC units are. 13 And the generator will be right next to -- a 14 little bit opposite those AC units. 15 Now, going through the 16 criteria -- benefit to the applicant, well, this 17 is the only practical location where the 18 generator can go, and I'll get into that a 19 little bit later. 20 Weighing that against any 21 potential impacts to the community, Exhibit 5 is 22 a photograph taken from Plandome Road, and this 23 is Dr. Powell's house sticking up there. But as 24 you can see, there is a fence and there is 25 shrubbery, and there's no way that this 26 generator can be seen from North Plandome Road, 27 which is deemed a front yard. 28 That's another photograph, 29 less sun in the lens, showing that fence and 30 screening that will, you know, definitely block 31 their view of that generator. As in the last 32 application, if we talk about alternative 33 locations, this is the rear of the house, but 34 this also is deemed the front yard. So that 35 would still require a front yard variance. And 36 there is a deck in the rear yard. 37 So if you put the generator in 38 what is a practical rear yard, it would be 39 further than five feet away from the house, 40 which also would require a variance. So it 41 would require two variances, one for our front 42 yard setback, and one for being too far away 43 from the house, and that's just not a practical 44 location for the generator. 45 Exhibit 8 is a photograph of 46 the right side of Dr. Powell's house. And the 47 generator could go there as a right, because 48 that is a side yard. But that would be closer

1 03/24/2021 50 2 to this neighbor to the right with whom I did 3 communicate, and I'll put that e-mail into 4 evidence a little -- in a little while. 5 This doctor was concerned that 6 the generator was going in the front yard. I 7 explained to him it was going on the other side. 8 He withdrew his objection. So the only place It 9 could go without a variance is not a good place 10 to put the generator. 11 It is a -- as with respect to 12 whether or not there will be an adverse impact 13 on the environment, it is a Kohler generator and 14 I do have one page as Exhibit 9 from their spec 15 sheet. The generator, of course, only runs when 16 there's a power outage. Other than that, it 17 runs according to the Kohler spec sheets. It 18 will run once a week for 20 minutes to exercise 19 it, and when being exercised, the generator 20 produces 64 decibels, which is very low. And at 21 normal operation, it only produces 69 decibels, 22 which is very low. So I will submit to you that 23 it will not have any adverse impact on the 24 neighborhood or on the environment. 25 Exhibit 10 is a consent form 26 from 4 Secor Drive, which is the property across 27 the street slightly down the block, and I 28 explained -- I did communicate with this 29 resident as well, and I explained to them that 30 it's not really the front yard, it's the side 31 yard. And I sent them the site plan and you can 32 see on their consent form, they said as defined 33 in applicant's site plan, front yard is the side 34 of the garage. And I attached that to -- he 35 attached that to his consent form. 36 And Exhibit 13 -- I'm sorry, 37 Exhibit 11 is e-mail exchanged with Dr. Carlton 38 who lives to the right side of the house. And 39 he, too, was concerned, as I said, about the 40 front yard nomenclature. And after I explained 41 that to him, he withdrew his objection to the 42 application. So that is the applicant's 43 presentation. If the Board has any questions, 44 I'd be happy to answer them. 45 CHAIR MAMMINA: We've had -- I 46 guess I can't even say a few -- more than -- 47 enough to surprise me, of pieces of property 48 especially in this part of the world which are

1 03/24/2021 51 2 kind of -- almost like these peninsulas, you 3 know, that stick out and have these multiple 4 front yards, you know, and as I look at the 5 dimensions of it and, of course, we've seen 6 these generators, you know, but it's 48 inches 7 long, it's 26 inches wide and it's 29 inches 8 high. 9 So in my mind's eye, this is 10 the size of a small breakfast table. You know, 11 it's, you know, it's not some hulking, you know, 12 generator, you know, and I do think that, you 13 know, that in this day and age we do all 14 recognize, you know, the need for generators, 15 you know, and we're seeing more and more of 16 those. Mr. Donatelli, any thoughts on? 17 MR. DONATELLI: I would add, 18 Mr. Chairman, that this property, it is, I 19 believe, truly unique. It's almost triangular 20 in shape. And I do appreciate the applicant's 21 -- Mr. Migatz's comment that the one place where 22 they could install this of right is the place 23 where it would actually be the most disruptive 24 to the neighbor and so I'm prepared to make a 25 motion that we -- 26 I also, sorry, before I do 27 that, I also believe that there is lush foliage 28 that does block this from the view, including 29 the fence. And of course we all know about 30 Plandome Road actually being, unfortunately, 31 something of a thoroughfare and there's quite a 32 bit of traffic there. So I really don't think 33 that it will have a detrimental effect if it is 34 cited in the vicinity of the A/C units as the 35 applicant has indicated. So with all of that 36 said, I make a motion that we grant the 37 application. 38 CHAIR MAMMINA: So we have a 39 motion, do we have a second? 40 MR. HERNANDEZ: Second. 41 CHAIR MAMMINA: Seconded by 42 Mr. Hernandez. Please poll the Board. 43 MS. WAGNER: Member Levine. 44 MR. LEVINE: Aye. 45 MS. WAGNER: Member Hernandez? 46 MR. HERNANDEZ: Aye. 47 MS. WAGNER: Member Donatelli. 48 MR. DONATELLI: Aye.

1 03/24/2021 52 2 MS. WAGNER: Chairman Mammina. 3 CHAIR MAMMINA: Aye. The 4 application is granted. Thank you Mr. Migatz 5 and thank you, Ms. Powell. 6 DR. POWELL: Thank you. 7 MR. MIGATZ: Thank you -- 8 MR. DONATELLI: Thank you, Dr. 9 Powell. 10 MR. MIGATZ: -- members of the 11 Board. 12 CHAIR MAMMINA: Dr. Powell, 13 I'm sorry. 14 DR. POWELL: That's okay. 15 Thank you. 16 CHAIR MAMMINA: Thanks so 17 much. 18 MR. DONATELLI: All the best. 19 DR. POWELL: All right. Thank 20 you so much. 21 MR. MIGATZ: Ms. Wagner, I'm 22 going to hang around. You can un-promote me for 23 now and then promote me back, if that's okay. 24 MR. LEVINE: Yeah. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48

1 03/24/2021 53 2 MS. WAGNER: Okay. Next 3 appeal. Appeal No. 21026, Lyssa Lamport; 52 4 Essex Court, Port Washington; Section 5, Block 5 148, Lot 8, in the Residence-C zoning district. 6 Variances from 70-100.2K and 70-100.2K to 7 legalize an oil tank and an A/C unit that are 8 too close to a side property line. 9 CHAIR MAMMINA: You've heard a 10 appeal number 21026, Lyssa Lamport. Is there 11 anyone who is on the hearing who wishes to 12 speak, other than the applicant, and, you know, 13 if there is, please enter your name and raise 14 your hand in the chat. Thanks. So who -- do we 15 have Mr. Migatz for this, if I -- 16 MS. WAGNER: No, this is -- 17 MR. FRANCIS: Steven Shibly or 18 Scheibly? 19 CHAIR MAMMINA: Okay, Steven 20 Scheilby. Okay. 21 MR. FRANCIS: Scheibly, yeah. 22 CHAIR MAMMINA: Yeah. I just 23 got a little confused based on what Mr. Migatz 24 just said. Oh, and there we have the applicant. 25 MS. LAMPORT: Hi. 26 MR. FRANCIS: Probably -- 27 CHAIR MAMMINA: I guess it's 28 still good morning, Ms. Lamport. 29 MS. LAMPORT: Oh. 30 CHAIR MAMMINA: So are you 31 going to be presenting this yourself? Which is 32 fine, if you want. 33 MR. FRANCIS: No, the 34 architect's on. 35 CHAIR MAMMINA: Oh, I don't -- 36 I guess I just don't see him. 37 MR. FRANCIS: I assume that's 38 who Emily is. 39 CHAIR MAMMINA: I don't have 40 an Emily, but that's all right. It doesn't 41 matter. 42 MR. FRANCIS: I do. 43 MS. LAMPORT: I'm going to be 44 presenting myself. 45 MR. FRANCIS: Oh, I see Emily 46 Shibly here. Scheibly? 47 MR. SCHEIBLY: I'm here. Can 48 you hear me?

1 03/24/2021 54 2 CHAIR MAMMINA: Yes. There we 3 go. 4 MR. DONATELLI: Yeah. 5 CHAIR MAMMINA: Okay. Well, 6 either one may present or both may, you know, 7 have their say as long as it's one at a time, 8 giving name and address and we just ask you to 9 try not to repeat each other. That's all. 10 Okay. 11 MS. LAMPORT: Okay. 12 CHAIR MAMMINA: So whomever 13 would like to start. 14 MS. LAMPORT: I'm going to 15 start. Everyone can hear me okay? 16 CHAIR MAMMINA: Yes, we hear 17 you fine. 18 MS. LAMPORT: Okay. All 19 right. My name is Lyssa Lamport. I live at 52 20 Essex Court; Port Washington, New York. I am 21 the owner of the residence and I'm requesting to 22 legalize and maintain the A/C unit as well as 23 the oil tank where it presently is. 24 I can say I'm a third 25 generation in this home. I took residence -- or 26 took ownership just a few years ago. So as far 27 as I can remember, the oil tank, the A/C unit 28 have always been there. I didn't know it was an 29 issue until I filed a permit application to do 30 renovation on the home. 31 That renovation included 32 finishing our basement, and to do that, we added 33 an egress. So we put the egress in. So when 34 looking at the whole plan of where else the oil 35 tank or the A/C unit can go, the only option 36 would be where the egress had to go. 37 So -- and also, when I 38 realized that this was not in compliance, I did 39 go to the neighbors who have been living there, 40 I want to say for about 15 years or so. I asked 41 them if this was an issue and they actually 42 weren't aware that the oil tank or the A/C unit 43 were too close to the property line. So that's 44 why we are just seeking to leave it where it is. 45 MR. DONATELLI: Does your 46 architect also want to present some testimony? 47 MR. SCHEIBLY: Steven 48 Scheibly, Diversified Design Associates; 255

1 03/24/2021 55 2 Main Street, Suite 200, Huntington, New York 3 11743. 4 Good afternoon Board members. 5 I'm just here in the event of any technical 6 questions that Lyssa may not be able to answer. 7 I don't want to be redundant with everything she 8 has previously said, but the oil tank and the 9 air conditioning unit have very little place to 10 go other than where they are presently located. 11 MR. FRANCIS: Do you have any 12 pictures of the area? 13 MR. HERNANDEZ: Put up the 14 plans so that we can see where they are so that 15 everyone can look at the same paper. 16 MS. WAGNER: Yes. I will. 17 MR. HERNANDEZ: Thank you. 18 MR. LEVINE: I think we've 19 lost David. 20 MR. HERNANDEZ: It's looks 21 that way. 22 CHAIR MAMMINA: He's back. 23 Sorry. He had a letter he had to sign. 24 MS. LAMPORT: I do want to add 25 you're talking about food. I'm a dietitian, so 26 I've enjoyed hearing all about everything you've 27 been talking about. 28 CHAIR MAMMINA: That foie gras 29 though, must've must have you cringe, even 30 though it is delicious. 31 MS. LAMPORT: No. Nothing 32 makes me cringe. 33 MR. LEVINE: I adore foie 34 gras. I absolutely adore it. 35 CHAIR MAMMINA: Okay. So we 36 were potentially looking at some pictures or 37 drawings or whatever we -- 38 MR. DONATELLI: The survey. 39 CHAIR MAMMINA: The survey we 40 see, right? 41 MR. DONATELLI: Yeah. 42 CHAIR MAMMINA: Do we have a 43 dimension, you know, on that? 44 MR. SCHEIBLY: Yes. That 45 seems to be an outdated survey. The Building 46 Department had requested an updated survey which 47 we had furnished. Here, maybe it's coming up 48 now.

1 03/24/2021 56 2 CHAIR MAMMINA: Oh, here it 3 is, here it is. 4 MR. SCHEILBY: There we go. 5 CHAIR MAMMINA: I see it now. 6 Yes. This is residence -- 7 MR. DONATELLI: So that should 8 go in 1.7 feet for, is that the air conditioning 9 unit, and 3 feet for the oil tank from the 10 side-yard lot line? 11 MR. SCHEIBLY: That is 12 correct. 13 MR. DONATELLI: So both of 14 those are existing? 15 MR. SCHEIBLY: Correct. 16 MR. LEVINE: Is it screened? 17 Anyone? 18 MR. SCHEIBLY: I'm sorry? 19 MR. LEVINE: Is it screened? 20 CHAIR MAMMINA: Screened? 21 Landscaping? 22 MR. SCHEIBLY: No, they are 23 not. The neighbor is also approximately 5 foot, 24 3 inches from the property line, and there's a 25 common grass area between them to go from the 26 front to the rear. 27 CHAIR MAMMINA: Well, can it 28 be screened, you know, say two or three feet 29 away from the oil tank and along the side so 30 that you can't see it from the street? 31 MR. SCHEIBLY: Yes, we could 32 do that. 33 CHAIR MAMMINA: Okay. And I 34 do think, and -- you know, Virginia, maybe you 35 can help me out with this -- you know, this is 36 in a Residence-C. So the five foot, three and a 37 quarter is a permitted side yard, and I think 38 that the Town Board had amended the zoning for a 39 certain amount of penetration into the -- into 40 the side yard, maybe not in a C-zone though. I 41 just don't remember. 42 MS. WAGNER: You mean amended 43 other than what the requirements are now? 44 CHAIR MAMMINA: Didn't they -- 45 didn't they put something in that -- I'm not 46 saying that this would comply, but I thought 47 that they had said something about being able to 48 extend a certain amount, you know, into the side

1 03/24/2021 57 2 yard from the, you know, from the property line, 3 but I could be wrong. 4 MS. WAGNER: Well, whatever 5 requirements they were disapproved under, are 6 the current requirements. 7 CHAIR MAMMINA: It's okay. 8 MS. WAGNER: So if there were 9 -- I believe maybe that section you're referring 10 to was updated at some point. But what they 11 were disapproved under is what's in effect. 12 CHAIR MAMMINA: Yeah. And it 13 might have been Residence-B you know, and up 14 from there. It could very well be. I don't 15 know. Okay. So I -- you know, I guess if I'm 16 hearing Mr. Levine, would the applicant then be 17 willing, Ms. Lamport, to put some landscaping, 18 you know, around that that would be tall enough 19 to block that oil tank. Something evergreen 20 like maybe arborvitae. I mean, you've got, you 21 know, 5 feet in there, it wouldn't be more than 22 a couple of those and then a few down the side 23 as well, just to screen that out. 24 MS. LAMPORT: Blocked from the 25 front -- from the street view. Is that what 26 you're asking? 27 CHAIR MAMMINA: From the 28 street view and to whatever extent you can see 29 it, you know, from a side angle. 30 MS. LAMPORT: Yeah. Of 31 course. It is possible -- 32 MR. LEVINE: You're still to 33 get a hose in there. 34 MS. LAMPORT: -- and shrubs 35 in the front. So I could just bring it around 36 to the side so that you couldn't see it as you 37 were passing the house. That's no problem. 38 MR. LEVINE: You've got to get 39 a hose in there too. Just keep that in mind. 40 MR. SCHEIBLY: Yes. 41 CHAIR MAMMINA: Mr. Donatelli, 42 any thoughts? 43 MR. DONATELLI: No, I'm 44 prepared to move on this application subject to 45 the application -- the applicant's 46 representation of the -- in screening. 47 MR. LEVINE: Someone's got an 48 echo, by the way.

1 03/24/2021 58 2 CHAIR MAMMINA: Someone may 3 have a computer and a phone on? 4 MR. LEVINE: No. Looks like 5 it went away. 6 MS. WAGNER: I think -- 7 Deborah, see how you're feeling this. I think we 8 need to be a little bit more specific about 9 where the landscaping is going. 10 CHAIR MAMMINA: You know what 11 we can do, Ginny? Maybe I can mark something -- 12 MS. WAGNER: Yes, that would 13 be -- 14 CHAIR MAMMINA: -- for you and 15 send it to you and then that can go to Ms. 16 Lamport? 17 MS. WAGNER: That would be -- 18 CHAIR MAMMINA: Do you agree 19 with me? 20 MS. WAGNER: That would be -- 21 I think that would be a good idea. 22 CHAIR MAMMINA: Yeah. Because 23 if we were in a regular in-person hearing, 24 that's what we would do, so very good point. 25 MR. SCHEIBLY: Yeah. 26 CHAIR MAMMINA: I can print 27 that out here, or if you could send it to me as 28 an original document, just -- excuse me, not 29 original, as a single document. This will be a 30 little bit easier for me. 31 MR. DONATELLI: Do you want to 32 do that now or would you prefer to do that 33 later? 34 CHAIR MAMMINA: I can do it 35 now, you know, or we can do it later. Whatever 36 you'd like. 37 MR. SCHEIBLY: Well, we're not 38 [zoom inaudible on this one, sir. It's not 39 really a big deal. 40 CHAIR MAMMINA: Yeah, I -- 41 MR. DONATELLI: Yeah. 42 CHAIR MAMMINA: Virginia, do 43 you have the ability to draw on the plans that 44 are in front of you? 45 MS. WAGNER: I think I might 46 be able to annotate a little bit if you guide -- 47 if you -- 48 MR. HERNANDEZ: Just a couple

1 03/24/2021 59 2 of Xs, is all you need to do. 3 MR. DONATELLI: Yeah, just a 4 couple of Xs. 5 MS. WAGNER: Direct me to what 6 you want, you know, where you want the 7 landscaping to go. I can -- 8 MR. DONATELLI: I would 9 suggest along -- keeping -- first of all, in 10 between the -- from the front of the house, 11 looking to the left, which would be directly in 12 front, screening from the front, the oil tank 13 and the air conditioning unit. And then, coming 14 back, I don't know that you have enough room to 15 screen all the way to the air conditioning unit. 16 But I think you probably have 17 enough room to plant something that would screen 18 the oil tank anyway from the side yard neighbor. 19 So really, it would be L-shaped from the front 20 of the house going to the side yard and then 21 along the side. At least the length of the oil 22 tank. 23 MS. LAMPORT: Can I ask a 24 question just so I understand? To cut -- to get 25 through to my side of the backyard, if I put 26 shrubbery there, then does that -- that may 27 require that I have to walk on to the other 28 person's property to get into my backyard. 29 CHAIR MAMMINA: Unless you go 30 around the other way. 31 MS. LAMPORT: No. That I can 32 do. I just want to make sure that that's okay. 33 That I'm not blocking my entrance into my side, 34 and I just had to make sure I leave access for 35 the oil company to, you know, put the oil in. 36 MR. DONATELLI: Yeah. That's 37 -- well, then perhaps -- 38 MR. LEVINE: You also have to 39 leave room for a hose. So I don't think -- it 40 can't be a complete block. 41 MS. WAGNER: Yeah. Okay. 42 MR. DONATELLI: Right. 43 MS. LAMPORT: Well -- 44 MR. LEVINE: I don't think 45 that it is fair that they drag the hose through 46 someone else's property to fill their oil tank. 47 MS. WAGNER: Yeah. 48 MR. DONATELLI: I agree.

1 03/24/2021 60 2 MS. LAMPORT: Yeah. That's a 3 good -- 4 MR. HERNANDEZ: You also -- 5 you keep in mind that this actually fairly deep 6 into the property, probably about 50 feet into 7 the property. The house next door is only ten 8 feet away, which means that from the street, 9 unless you were standing directly in front of 10 it, you probably wouldn't see it. The moment 11 you move ten degrees to the left of the front of 12 the house, you're not going to see it. So I 13 don't think you need to block all 5 feet of it. 14 If you have one shrub -- 15 MR. LEVINE: You could also 16 move the shrubbery closer to Essex Court. I 17 don't see why it's got -- it's not a fence. You 18 don't have to have it in line with the house. 19 MR. HERNANDEZ: No. It can be 20 directly in front of the tank. Just one shrub 21 -- 22 MR. LEVINE: Or you could 23 build it closer to Essex court -- 24 MR. HERNANDEZ: -- will be 25 more than enough to cover the whole thing. 26 MR. LEVINE: -- so there's 27 more wiggle-room. 28 CHAIR MAMMINA: Yeah. 29 MS. LAMPORT: So currently -- 30 MR. DONATELLI: I don't think 31 -- it's not a fence, it doesn't have to be in 32 line with the front of the house. 33 MS. LAMPORT: All right. So 34 -- I'm sorry. We have shrubbery that go from 35 the steps of the front of the house, across the 36 bay window, and extend just past the -- that 37 side wall. So there is shrubbery and the oil 38 tank is sat below the shrubbery, so it is very 39 hard to see -- you don't see the oil tank from 40 the street, but I can build that up -- 41 MR. LEVINE: I don't recall 42 being able to see it from the street. That's 43 why I think we may be overthinking this. 44 MS. LAMPORT: Okay. You can't 45 see it, but I can -- I can build that up a 46 little bit better. 47 MR. LEVINE: I think we're 48 overthinking this.

1 03/24/2021 61 2 MS. WAGNER: Okay. So maybe 3 -- maybe if the board wants to, well, you can 4 bring it up on Google Earth now, I think. 5 MR. LEVINE: I mean, wasn't 6 there a photograph -- 7 MR. DONATELLI: Yeah. 8 MR. LEVINE: -- submitted with 9 this one that we got in the packet? 10 MS. WAGNER: Let me -- 11 MS. LAMPORT: No. But yeah, 12 if you look on Google Earth, you can see it. 13 You can't see the oil tank. 14 MR. LEVINE: Hold on, let me 15 look. 16 MR. DONATELLI: I'm calling it 17 up on my other computer on Google Earth. 18 MS. LAMPORT: There you go. 19 MR. DONATELLI: All right. 20 I'm there, just give me a second. Yeah. The 21 applicant is correct. It's really not visible 22 from the screenshot -- the street shot that 23 Google Earth is showing. So I think -- 24 MR. HERNANDEZ: It's a tree 25 there, and some shrubbery. 26 MS. LAMPORT: It's -- yeah. 27 MR. DONATELLI: Yeah. 28 CHAIR MAMMINA: Maybe we just 29 leave it alone. 30 MR. LEVINE: Yeah. I think -- 31 I think we're going to make the situation worse 32 if we start messing around. 33 MR. DONATELLI: Yeah. 34 MS. LAMPORT: Okay. 35 MR. DONATELLI: So with all of 36 that said, Mr. Chairman, it's been there a -- 37 quite a long time. It is adequately screened 38 from -- at least from the front. So I make a 39 motion that we grant the application. 40 CHAIR MAMMINA: And we have a 41 motion. Do we have a second? 42 MR. HERNANDEZ: Second. 43 CHAIR MAMMINA: Seconded by 44 Mr. Hernandez. Please poll the Board. 45 MS. WAGNER: Member Levine. 46 MR. LEVINE: Aye. 47 MS. WAGNER: Member Francis? 48 MR. FRANCIS: Aye.

1 03/24/2021 62 2 MS. WAGNER: Member Donatelli? 3 MR. DONATELLI: Aye. 4 MS. WAGNER: Chairman Mammina. 5 CHAIRMAN MAMMINA: Aye. 6 Application is granted. Thank 7 you. 8 MR. DONATELLI: Thank you. 9 MS. LAMPORT: Okay. Thank you 10 very much. 11 MR. LEVINE: After this case 12 I'm going to need a few minutes. 13 CHAIR MAMMINA: You're 14 welcome. 15 MS. LAMPORT: Thank you. Bye. 16 MS. WAGNER: So after this 17 one? 18 MR. LEVINE: Yeah, let's 19 finish the residential, but I'm the only one 20 home. I got a couple of things I got to take 21 care of. 22 MS. WAGNER: Okay. Yeah. I 23 think we -- 24 CHAIR MAMMINA: He needs to 25 clean his copper pots. That's what it it's. 26 MR. LEVINE: No, I've got to 27 walk the dog. 28 CHAIR MAMMINA: That's a new 29 one. 30 MR. LEVINE: I have trained 31 her to expect to go out regularly and it has 32 worked. So I'd like to keep that. And also, I 33 need something to eat. 34 MS. WAGNER: Okay. I believe 35 in the next one we might have someone that 36 wanted to speak. 37 CHAIR MAMMINA: It's the next 38 door neighbor. The next door neighbor who sent 39 a letter in? 40 MS. LAMPORT: Yes. And 41 they're also registered to speak, so just keep 42 that in mind. 43 MS. ALGIOS: All right. So 44 you want to take a ten-minute break? 45 MR. LEVINE: Let's do -- let's 46 finish the residential. 47 MRS. ALGIOS: Oh, you're going 48 to finish residential? Okay. I thought you

1 03/24/2021 63 2 were saying you needed it now. 3 MR. LEVINE: No, no. Let's 4 finish residential. It's good time to break 5 then, as it is. 6 MS. ALGIOS: Okay. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48

1 03/24/2021 64 2 MS. WAGNER: So the next 3 appeal is appeal No. 21027, Omer Malik, 71 4 Locust Lane in Lawson Heights, Section 7, Block 5 193, Lot 5 in the Residence-AA zoning district. 6 Variance from 70-14.A, also 70-50.E -- 70-5.E to 7 legalize a detached garage which exceeds the 8 number of permitted garages on the property. 9 CHAIR MAMMINA: You've heard 10 appeal number 21027, Omer Malik. Is there 11 anyone on the call who is interested in the 12 application other than the applicant? And I 13 believe that we know we have at least one 14 person. So Mr. and Mrs. Malik, please -- please 15 give your -- your name and your address. And 16 again, you certainly may both speak. We just 17 ask that it's one person at a time so that the 18 stenographer can take an accurate record. 19 MS. MALIK: Good morning, 20 everybody. As a matter of fact, good afternoon. 21 My name is Aliyah Malik (phonetic), and the 22 address is 71 Locust Lane, Roslyn Heights, New 23 York 11577. 24 CHAIR MAMMINA: Okay. 25 MR. MALIK: Omer Malik, 71 26 Locust Lane, Roslyn Heights, New York 11577. 27 CHAIR MAMMINA: All right. So 28 tell us a little bit about your application. 29 MR. MALIK: I have been in 30 this house -- we've been in this house with the 31 floor plan as the plan was approved. I have no 32 problem with the omission letter before, I think 33 we have three of them. And we have a separate 34 inspection, I believe. Excavation, footing, 35 foundation, framing, and I think it went 36 smoothly when I was going to get my [zoom 37 inaudible and municipal inspector, he was there 38 and somebody was -- told him at that point the 39 garage illegal and not supposed to be there. So 40 -- 41 MS. MALIK: So we put in an 42 application for variance, I think. Because, you 43 know, like my husband was saying, that we, when 44 we started building the house, we -- the plans 45 were approved for the detached garage and all 46 the, you know, the projections were done 47 accordingly and none of the omission letters 48 ever mentioned that we can't have the garage

1 03/24/2021 65 2 attached. 3 And as a matter of fact, we 4 have gone multiple times to PSEG in this matter 5 because a pole was too close to the roof of the 6 garage and we had to, you know, take care of it 7 for the next inspection, how to go according to 8 the regulations and decrease the height of the 9 poles, and then you push -- extra anchors go on 10 the poles for them, they had to do that. We had 11 to pay them for that. 12 And then, in the end when we 13 were about to get a final inspection, that's 14 when this -- that someone stop by and told us -- 15 the inspector while he was, you know, trying to 16 give us the final approval, that the garage is 17 not supposed to be there. And that's how the 18 disapproval was issued to us and -- 19 MS. WAGNER: Mrs. Malik, I'm 20 sorry to interrupt you, but I know your phone is 21 on because I saw it on the Zoom. If you could 22 shut that off, we're getting sound back. 23 MS. MALIK: Sure. 24 MR. LEVINE: There's an echo. 25 MS. MALIK: All right. That's 26 off now. 27 CHAIR MAMMINA: That's better. 28 MS. MALIK: Thank you. So was 29 I able to explain myself? Did you guys -- were 30 you able to hear it? 31 MR. FRANCIS: Yes. 32 MS. MALIK: Okay. 33 CHAIR MAMMINA: The problem we 34 have is the architect should've known this. 35 MS. MALIK: Well, the 36 architect never -- 37 MR. FRANCIS: The architect is 38 licensed in the State of New York. 39 MS. MALIK: Yes. 40 MR. LEVINE: And he's required 41 to know the laws of every town. 42 MS. MALIK: Okay. 43 MR. FRANCIS: He is the one 44 who is at -- who is res -- you're not 45 responsible to know the laws of the Town of 46 North Hempstead. 47 MS. MALIK: Okay. 48 CHAIR MAMMINA: That's not --

1 03/24/2021 66 2 but he is or she is. I don't know if it's a 3 male or a female. 4 MS. MALIK: Right. 5 MR. LEVINE: The fact that 6 you're -- I mean, it's the height of their 7 responsibility for your architect to have filed 8 plans knowing that they were illegal, and 9 whether or not he got caught or not doesn't 10 change the fact that they're not allowed. No 11 one's blaming you, necessarily, but I -- it 12 boggles my mind that an architect either just 13 doesn't know what the laws of the Town of 14 Hempstead are, or didn't care. I don't know 15 which one it is. 16 MS. MALIK: And would you 17 believe these plans, they were, like, amended 18 multiple times. Between the architect and the 19 Building Department, there were multiple 20 transactions e-mailed. 21 MR. LEVINE: Well, I don't 22 know -- I don't know what your architect was 23 doing, but he certainly wasn't reading the North 24 Hempstead code, or your contractor for that 25 matter. 26 MR. MALIK: We have a hard 27 time to dealing with him, you know, at the first 28 time -- 29 MR. LEVINE: It sounds to me 30 like you have a -- 31 MR. MALIK: -- after -- after 32 -- 33 MR. LEVINE: I don't want to 34 give you legal advice, but it sounds to me like 35 you have a claim against your architect for 36 malpractice. 37 MR. MALIK: So -- 38 MS. MALIK: Okay. But you 39 know what, eventually I agree to what the -- I 40 do not disagree exactly because this is what the 41 [zoom inaudible later on. But the thing was 42 that we're thinking or trying to get -- to keep 43 the garage because, you know, my husband is a 44 heart patient. And he recently had an open 45 heart surgery and after the surgery he's been 46 having problems, you know, driving, actually, 47 the car. So I'm the one who has to do the 48 driving now.

1 03/24/2021 67 2 MR. MALIK: I'm not moving my 3 neck. 4 MS. MALIK: Yeah. He can't 5 move his neck and he can't, you know, move his 6 body too much. 7 MR. LEVINE: You can keep the 8 garage. You just can't have both. 9 MS. MALIK: I'm sorry? 10 MR. LEVINE: You can either 11 have the one car garage or the two-car garage. 12 You can't have both. 13 MR. FRANCIS: No. 14 MR. MALIK: Nice. 15 MS. MALIK: I see. 16 MR. MALIK: I mean, it was 17 approved. 18 CHAIR MAMMINA: It was -- it 19 was incorrectly approved and there is not 20 another house in the neighborhood that has that 21 situation. There's no other three -- there's no 22 other that I'm aware of in all of the Country 23 Club that has a two-car garage and an unattached 24 one-car garage. I'm not even sure there's 25 another house in the Country Club that has a 26 three-car garage. 27 But I mean, we've denied 28 regularly -- actually, I take it back. We 29 haven't gotten any. You know, we've got -- the 30 one we've gotten since I've been here we've 31 denied. If you want to keep the one in the 32 back, you have to close off the two on the side. 33 If you want the two -- if you want the two 34 attached to the house, then you have to do 35 something with the garage. You could -- you 36 could put it -- you can get rid of the garage 37 door and make it a shed. 38 MS. MALIK: No, we've already 39 spend too much money on trying to fix it and -- 40 MR. MALIK: That's what we -- 41 MR. FRANCIS: If you file a 42 claim with your architect for malpractice, 43 recover your money, it's your business. I'm not 44 -- I am not so sure it will cost you anything, 45 quite frankly. 46 MS. MALIK: No, so -- I mean, 47 I understand that the architect ignored the 48 codes, the build -- but what about the Building

1 03/24/2021 68 2 Department, are they just supposed to look at 3 something and just approve it or they -- 4 MR. FRANCIS: There's a 5 mistake. 6 MS. MALIK: Sorry? 7 MR. LEVINE: If you read your 8 plans, it's stamped right on there, if they make 9 a mistake they can correct it. 10 MS. MALIK: Okay. 11 CHAIR MAMMINA: That's New 12 York State Law. 13 MR. MALIK: It falls on -- 14 because the Town of North Hempstead, I believe I 15 was right? 16 MR. LEVINE: The fact of the 17 matter is, though, that it all started with your 18 architect not understanding the law. 19 MR. DONATELLI: Let me suggest 20 this -- 21 MR. LEVINE: I think your 22 inaudible. 23 MR. MALIK: There is no other 24 house in the town of North Hempstead that has a 25 third car garage? I think there is a point that 26 -- 27 MR. LEVINE: Certainly not in 28 the Country Club that I'm aware of. 29 CHAIR MAMMINA: And not -- not 30 in a new house. 31 MR. HERNANDEZ: And it's also 32 possible -- 33 MR. LEVINE: Well, certainly 34 not new construction. 35 MR. HERNANDEZ: It is always 36 possible for a house to have -- that was 37 existing before the code, to have a third car 38 garage and a fourth car garage too. That's very 39 possible. 40 MR. LEVINE: I don't -- I 41 don't know of any though. 42 CHAIR MAMMINA: I don't 43 either. 44 MS. MALIK: So can we -- can we 45 be the first ones to get it or no? 46 MR. LEVINE: No. 47 MS. MALIK: Okay. 48 MR. HERNANDEZ: The problem is

1 03/24/2021 69 2 that once you approve one, then how do you tell 3 your neighbor, if they wanted to put another 4 garage in their house, that the code does not 5 allow it. 6 MS. MALIK: So even, you know 7 -- 8 MR. MALIK: It becomes -- it 9 becomes open for every house to have a second -- 10 a second physical garage. 11 CHAIR MAMMINA: Please 12 understand that the Town Board writes the zones 13 and they are the planning arm of the Town of 14 North Hempstead. And if the Zoning Board says, 15 well, you know what, we don't think that that 16 part that you put into the code about having 17 that separate garage is important, then 18 basically we've overridden the Town Board. 19 Now, if that garage was a 20 single garage by itself and it was built a 21 little too close to the property line or it was 22 six inches higher than it was supposed to be, 23 then that's what the zoning board, you know, is 24 here for, but not to make a blanket change, you 25 know, in the -- in the zoning, you know, by -- 26 you know, by doing something like that. Now, 27 I'm -- I'm not saying that I agree with the Town 28 Board or I don't agree with the Town Board 29 regarding that. You know, that's not -- that's 30 not ours. 31 You know, also, one of the 32 other tests of law -- because we work based on 33 tests of law -- that are in New York State law 34 that -- regarding zoning -- and Mr. Levine is 35 giving, you know, a solution. It may not be the 36 solution that you want, but if the garage 37 becomes storage, you know, where you take the 38 garage door out and you put that in, you know, a 39 regular door, then it's okay. 40 By example, though if you were 41 in the Town of Oyster Bay, you're not allowed to 42 have a shed that's larger than 100 square feet. 43 So if you were in the Town of Oyster Bay, you 44 would be in, you know, in a -- in a similar 45 predicament, you know, there with this -- with 46 this car -- with this -- in the Town of Oyster 47 Bay, you wouldn't even have the ability to do 48 that. But here, you do have the ability to not

1 03/24/2021 70 2 tear that structure down, you know, but to still 3 have, you know, to still have use, you know, of 4 that structure. 5 MR. DONATELLI: Yes. And I 6 would suggest, therefore, that you consult with 7 an architect to find a way to make that, if it's 8 the -- the garage in the back that you want to 9 try and legalize, an architect of your choosing 10 will be able to help you get some answers as to 11 how you can make that building compliant. 12 CHAIR MAMMINA: You know, we 13 did have and, you know, as Mr. Levine said, 14 we're -- we're really not again, by law, in the 15 business of giving advice. You know, that's not 16 really what we're supposed to be doing. We are 17 all taxpayers and homeowners, you know, in the 18 town of North Hempstead, and we all know that we 19 pay a lot of taxes, you know, and -- for a 20 certain lifestyle. It's possible for you to 21 take -- no, you're not allowed to have two 22 garages, no. So that wouldn't work if you 23 closed off the one side. 24 MS. MALIK: No, we -- 25 CHAIR MAMMINA: No, forget it, 26 that doesn't work. 27 MR. HERNANDEZ: One or the 28 other. 29 CHAIR MAMMINA: No, it's one 30 or the other. 31 MS. MALIK: That was crossing 32 my mind too, that we would [zoom inaudible), but 33 that we can keep it attached. 34 CHAIR MAMMINA: Yes. 35 MS. MALIK: Yeah. 36 MS. WAGNER: But what they can 37 do, Dave -- what they can do, Chairman, is they 38 can convert the one inside the house into 39 storage space by modifying -- by modifying the 40 doors. But it wouldn't -- they wouldn't be able 41 to have a garage door into that space. 42 CHAIR MAMMINA: Does that work 43 then, Ginny? Because that's what I was 44 thinking. 45 MS. WAGNER: Yeah. 46 CHAIR MAMMINA: You know, and, 47 you know, it's really just a question of what 48 does that language say because we'd love to try

1 03/24/2021 71 2 to find, you know, a way that this could work 3 for them. 4 MS. WAGNER: Yeah. 5 CHAIR MAMMINA: That's for 6 sure. 7 MR. FRANCIS: You can't have 8 an attached and an unattached. 9 MS. WAGNER: Right. 10 CHAIR MAMMINA: That's what -- 11 yeah. That was why I kind of retracted -- 12 MR. FRANCIS: So, it either a 13 two-car garage attached to the house or a one 14 car garage not attached to the house. 15 CHAIR MAMMINA: Yeah. 16 MR. FRANCIS: And there's not 17 a lot of wiggle-room because this house was 18 built to the ab -- to the max. 19 MS. MALIK: Yeah. 20 CHAIR MAMMINA: Yeah. Because 21 even if you said, okay, we're going to take this 22 garage down and we want to try to add another 23 garage onto the house. 24 MR. FRANCIS: Now, there's no 25 more GFA. 26 CHAIR MAMMINA: There's no 27 more floor area left for that. 28 MS. MALIK: Yeah. 29 MR. MALIK: What is a -- 30 MS. WAGNER: I think that the 31 floor area of the garage is already included in 32 the GFA? 33 MR. DONATELLI: Not the -- not 34 the unattached. 35 MS. WAGNER: No, not the 36 unattached. 37 CHAIR MAMMINA: Right. Not 38 the unattached. 39 MS. ALGIOS: Right. 40 CHAIR MAMMINA: And once they 41 attach it then it counts, that. 42 MS. WAGNER: No. But the 43 thing is, is that they need to get rid of -- 44 they need to get rid of one of those areas as 45 being classified as a garage. 46 MR. FRANCIS: That is correct. 47 MS. WAGNER: So by doing, they 48 can either remove the garage door from the

1 03/24/2021 72 2 detached structure and turn it into a -- some 3 type of a large shed. Or they can remove the 4 doors from the attached garage and turn that 5 into a storage area. So -- and you could work 6 with the Building Department to see -- 7 MR. HERNANDEZ: Any kind is 8 not -- that's not a storage area. It's livable 9 space, whatever kind of -- 10 MS. ALGIOS: Right. But I 11 mean, if -- if they don't want to convert it 12 into a living -- you know, a den or any -- if 13 they want to continue to use it as some type of 14 storage. It just can't be used to store a car. 15 They can't have a -- they can't have a garage 16 door. 17 MR. FRANCIS: Right. I think 18 -- 19 MR. MALIK: Hence my comment 20 -- sorry. Go ahead, Les. 21 MR. FRANCIS: Is this -- is 22 this a brick structure or is this a wood 23 structure? Because I don't have any -- 24 MR. LEVINE: This is -- this 25 is like a miniature of the house. 26 MR. FRANCIS: Okay. The 27 reason I was [zoom inaudible. 28 MR. LEVINE: It has a 29 supersized house in the back.. 30 MR. FRANCIS: Okay. 31 MR. DONATELLI: All right. I 32 think that hence my comment about them 33 consulting with their architect is really the 34 most prudent thing because they have a choice to 35 make. 36 MR. LEVINE: Yes. 37 MR. FRANCIS: Yeah. I 38 definitely agree. 39 MR. LEVINE: There was -- 40 there was someone else who wanted to speak on 41 the application? 42 MS. WAGNER: Yes. And when we 43 say these things about what your options are, 44 they're all options that need to be confirmed 45 and discussed with the Building Department, of 46 course. 47 MR. MALIK: Right. 48 MS. WAGNER: So they're --

1 03/24/2021 73 2 they're, you know, recommendations but, you 3 know, as to how that would be accomplished would 4 be something that you would need to confirm. 5 MR. MALIK: When the 6 municipality building inspector, he told me, I 7 mean you can just put some kind of pole, a metal 8 pole because the third car garage, it was going 9 to be shared. You can put a pole in the middle, 10 some kind of, like, 4x4 or 8x8 so make sure 11 there is [inaudible] It can be only -- the 12 maximum is six feet open. You can pull one side 13 if you can. If not, put a pole in the center, 14 he was talking about it. So make sure they 15 don't have, no, like, eight feet or nine feet 16 over -- just excuse me. 17 MR. LEVINE: That's something 18 your architect can discuss with the Building 19 Department. He had no idea. 20 MR. FRANCIS: Exactly. 21 MR. MALIK: Okay. We'll do 22 that. 23 MS. MALIK: So you -- 24 MR. LEVINE: I think there was 25 someone else who wanted to speak about the 26 application though. 27 MS. WAGNER: Okay. So I'm 28 going to move to the attendee list because we 29 have two hands up here. I'll allow the first 30 person to speak. 31 MS. WAGNER: So Judie, I've 32 just allowed you to speak, if you could just put 33 your name and your address on the record, 34 please. 35 MS. FRIEDMAN-CHESSON: Judie, 36 J-U-D-I-E, Friedman-Chesson, 61 Locust Lane, 37 Roslyn Heights. Hello? 38 MS. WAGNER: Yes. 39 CHAIR MAMMINA: Go right 40 ahead. 41 MS. WAGNER: You know, you're 42 free to speak. 43 MS. FRIEDMAN-CHESSON: Oh, I'm 44 sorry, I didn't -- 45 MS. WAGNER: It's okay -- 46 MS. FRIEDMAN-CHESSON: I don't 47 know. No, I had discussed this -- I live on the 48 other side and I had discussed this with Leo,

1 03/24/2021 74 2 who's right next door. And I had questioned -- 3 I had called about that as I saw it. I was told 4 that it was going to be a storage space by 5 somebody who I spoke with, at the time I didn't 6 think it was -- I dearly think that it is an eye 7 sore, but that's not the main problem. I think 8 the main problem is that over this fence, the 9 footage that it should be, I think it's 10 illegally placed. 11 MS. WAGNER: Okay. Do you 12 have any further comments? 13 MS. FRIEDMAN-CHESSON: Yes. 14 Where are we -- well, comments, no. She should 15 be on. 16 MS. WAGNER: Okay, so now are 17 you finished speaking? 18 MS. FRIEDMAN-CHESSON: Yes, I 19 am. 20 MS. WAGNER: Okay. Thank you 21 for your comments. 22 MS. FRIEDMAN-CHESSON: You're 23 welcome. 24 25 MS. LIN: Hi, my name is Ting 26 Lin. I am owner of 65 Locust Lane, which is 27 next door neighbor with this applicant. My only 28 concern is this detached garage or storage house 29 is too close to my property line. So from my IC 30 it's only, like, two feet away, so yeah. I 31 don't know if that's legal though. 32 MR. FRANCIS: Do we have the 33 -- do we have the survey, Virginia? 34 MS. WAGNER: I will bring it 35 -- I will bring it up, but I don't believe that 36 they were disapproved for the garage being 37 located too close to the property line. 38 CHAIR MAMMINA: It appears to 39 be 40 -- 41 MR. FRANCIS: Go on. I just 42 want to confirm with the survey says. 43 MS. WAGNER: Yes. I'm going 44 to bring that up. 45 CHAIR MAMMINA: Let's look for 46 the final -- certainly the drawing show it being 47 three feet on both sides -- 48 MS. WAGNER: Yeah.

1 03/24/2021 75 2 CHAIR MAMMINA: -- but you're 3 right, we should look at the -- 4 MR. LEVINE: I'm surprised 5 it's three feet in Residence-A. 6 MR. HERNANDEZ: Yeah. I would 7 agree with you there. That is surprising. 8 Because there are very, very few detached 9 garages in Residence-A. 10 CHAIR MAMMINA: That is really 11 true Jay, you're right. 12 MR. HERNANDEZ: They're 13 attached to the house. 14 CHAIR MAMMINA: Right. 15 MR. LEVINE: The Country Club 16 has a lot of detached garages. A lot of them. 17 CHAIR MAMMINA: They can try 18 to make it under the FAR. 19 MR. LEVINE: No, even back -- 20 when I lived in Country Club, I had a detached 21 garage and there was a lot -- it wasn't three 22 feet away from the property line, it was more 23 like seven or eight maybe even ten. Of course, 24 it was a full two-car garage. 25 MS. WAGNER: Really hard to -- 26 really hard to get the setback, but I gotta zoom 27 in. Hold on. 28 CHAIR MAMMINA: Let's zoom in 29 -- let's zoom it up. 30 MS. WAGNER: I'm going to go 31 over. 32 MR. HERNANDEZ: And there's a 33 retaining wall? 34 CHAIR MAMMINA: Three-feet. 35 MS. WAGNER: Three feet. 36 MR. LEVINE: Yeah. There's is 37 a grade difference, Jay, over there. 38 MR. HERNANDEZ: Yeah. 39 CHAIR MAMMINA: Okay. That's 40 three -- you're right, Virginia. Yes, it's 41 three feet. 42 MR. HERNANDEZ: Hold on. 43 MS. WAGNER: Okay. So are we 44 clear on that? 45 MR. HERNANDEZ: Yes. And 46 thank you. 47 MS. WAGNER: All right. 48 MR. LEVINE: It is three-feet,

1 03/24/2021 76 2 not two feet, ma'am. 3 MS. LIN: Okay. Well, from I 4 can see, like, in the front it's not three-feet 5 though. 6 CHAIR MAMMINA: Well, so it's 7 very difficult to know where a property line is, 8 ma'am, you know, without, I mean, a surveyor. 9 You know, and I'm not saying they're shooting an 10 imaginary line. It's a legal line, but it's not 11 a line that you know, that you can see, you 12 know, what is -- that's what surveyors do, you 13 know, for a living. It's that, you know, they 14 know how to measure, you know, what a distance 15 is. 16 You know, of course, you would 17 be entitled to have your own surveyor, you know, 18 come in and shoot that line if you really do 19 think it's too close and, you know, that's 20 really the only conclusive way to, you know, to 21 solve that. You know, and even when that gets 22 messy because whose survey is right then, but 23 according to the survey submitted, it's three 24 feet, as Virginia said. 25 MS. LIN: Okay. Thank you. 26 CHAIR MAMMINA: Okay. Anyone 27 else, Deborah? 28 MS. WAGNER: No. There's no 29 one else who would like to speak. 30 CHAIR MAMMINA: So Mr. and MS. 31 MALIK, we sincerely wish that we had, you know, 32 some better answer, you know, for you, but the 33 zoning ordinance is so clear, you know, on this. 34 I mean, I don't see that we have, you know, any 35 way that we can put this to the five tests, you 36 know, that are required, you know, by law and, 37 you know, and see this to a positive solution 38 for you. 39 MS. MALIK: I see. I 40 understand, I see that this whole session is 41 being recorded. Is there a way we can pull this 42 regarding from somewhere -- 43 CHAIR MAMMINA: Yes, you can. 44 MS. MALIK: -- so we can talk 45 about it? 46 CHAIR MAMMINA: Yes, you can. 47 Deborah, or Virginia, where are those posted? 48 MS. WAGNER: Well, the

1 03/24/2021 77 2 transcript -- I'm not sure about the recordings, 3 but the transcript will be available, but not 4 for usually a couple of weeks after the hearing. 5 I can look into seeing whether the -- so I just 6 got a message from the IT department that it 7 should be available, the video should be 8 available on the town website so you can reach 9 out to the Board of Zoning Appeals Department 10 and we can figure out how to make that available 11 to you. 12 MR. MALIK: Okay. Thank you. 13 MS. WAGNER: You have our 14 address, correct? 15 MR. MALIK: Yes. 16 MS. WAGNER: 210 Plandome 17 Road. 18 MS. WAGNER: No. I mean our 19 e-mail address, I'm sorry. 20 MS. MALIK: Give me that. 21 MS. WAGNER: Okay. It's 22 B-Z-A, D-E-P-T -- 23 MS. MALIK: Okay. 24 MS. WAGNER: @North Hempstead 25 N-Y. G-O-V. 26 MS. MALIK: Okay. 27 MS. WAHNER: Or you can call 28 us if you have trouble at 869-7667. 29 MS. MALIK: Okay, (516), 30 right? 31 CHAIR MAMMINA: Yeah. 32 MS. WAGNER: Yes. 33 MS. MALIK: All right. Thank 34 you. 35 MS. WAGNER: You're welcome. 36 CHAIR MAMMINA: Okay. 37 MR. LEVINE: Mr. Chairman, I'm 38 prepared to make a motion. 39 CHAIR MAMMINA: It's -- well, 40 please, Mr. Levine. 41 MR. LEVINE: I'm sorry? 42 CHAIR MAMMINA: Please. 43 MR. LEVINE: Okay. Mr. 44 Chairman, as much as it pains me to do it, I 45 move that we deny this application. 46 CHAIR MAMMINA: We have a 47 motion. Do we have a second? 48 MR. LEVINE: Wait up, let me

1 03/24/2021 78 2 finish. I'm sorry. 3 CHAIR MAMMINA: Oh, go ahead. 4 MR. LEVINE: Going through the 5 five factors, I think they do have to -- we sort 6 of have to go through it here just in case at 7 some point someone wants to look at it again. I 8 do believe that an undesirable change will be 9 made in the character of the neighborhood, and a 10 detriment to nearby properties. I would note 11 that I've probably driven past this property 12 when it was a previous house -- and this house a 13 minimum of 5,000 times as I've lived in Roslyn 14 Country Club for about 17 years, and where I 15 live now is roughly -- it's less than a mile 16 from this house. 17 There are no homes that I'm 18 aware of in Roslyn Country Club that would have 19 this kind of situation with -- attached to a car 20 garage and an unattached one-car garage. So it 21 is not -- it is not the character of this 22 neighborhood to have such an arrangement. When 23 the benefit can be -- sought by the applicant 24 can be achieved in any other way? Yes. The 25 applicant can have a one car garage in the back, 26 which is quite standard. 27 When someone has built a new 28 house where the FAR makes it impossible to have 29 it attached to the house, or the applicant and 30 keep the two-car garage attached to the house 31 and not use the other one. The two-car garage 32 is standard. So there's nothing that requires a 33 three-car garage. I would also note that there 34 is ample driveway space on this particular 35 property to probably hold, I don't know, eight 36 cars. So it's not an issue that if we got rid 37 of if the applicant had to only had a two-car 38 garage, that cars would be on the street. 39 That's not going to be happening. 40 I do believe this variance is 41 substantial in is as much as it is seeking to 42 absolutely change the character, and almost 43 change the law of the Town of North Hempstead 44 zoning, which we are not permitted to do. 45 Whether the proposed variances has an adverse 46 impact on the physical environmental conditions? 47 Yeah, probably not. I don't think it has any 48 effect on that.

1 03/24/2021 79 2 It's certainly self created, 3 the applicant built this -- built the house or 4 had the house built. I would note also that the 5 applicant has claimed a certain financial 6 hardship if we are to deny this -- well, I don't 7 claim to give legal advice, I do believe that an 8 architect should've pointed out to the applicant 9 that this was not permitted in the Town of North 10 Hempstead. I would suggest the applicant talk 11 to an attorney, about whether or not there's an 12 appropriate cause for architectural malpractice 13 which may alleviate the the applicant's need to 14 spend any money to remediate this problem. 15 It is unfortunate that this 16 wasn't caught earlier, but it's quite clear when 17 you look at the stamp right on the plans that 18 the architect got back, and hopefully the 19 contractor got, and hopefully the applicant, 20 which says that mistakes that are made during 21 the review process can be be cured and will be 22 cured by the Town of North Hempstead, and they 23 will not be held liable for those. So for all 24 those reasons I move we deny the application, 25 with all due respect. 26 CHAIR MAMMINA: In the motion, 27 do we have a second? 28 MR. DONATELLI: I'll second. 29 CHAIR MAMMINA: Seconded by 30 Mr. Donatelli. Please poll the Board. 31 MS. WAGNER: Member Levine. 32 MR. LEVINE: Aye. 33 MS. WAGNER: Member Francis? 34 MR. FRANCIS: Aye. 35 MS. WAGNER: Member Donatelli? 36 MR. DONATELLI: Aye. 37 MS. WAGNER: Chairman Mammina. 38 CHAIRMAN MAMMINA: Aye. 39 The application is denied. 40 MS. MALIK: I have one more 41 question before we go. So basically the option 42 we have is either to close the two attached, or 43 to close the detached. We can keep one, right? 44 MS. WAGNER: Well, you need to 45 discuss that with the Building Department, how 46 you would rectify that, but -- 47 MR. LEVINE: It doesn't sound 48 -- what you said sounds reasonable to my

1 03/24/2021 80 2 lay-legs -- ears. 3 MS. MALIK: I'm sorry. I 4 didn't hear you. 5 MR. LEVINE: That's likely 6 what they're going to say. 7 MS. MALIK: Okay. So either 8 one of them. Got you. All right. 9 MR. MALIK: Thank you, 10 everybody. 11 MS. MALIK: Thank you, 12 everyone. 13 MS. WAGNER: You should work 14 with your plans examiner to figure out exactly 15 what would be acceptable in terms of legalizing 16 the garage -- either one of the garages. 17 MS. MALIK: Okay. Thank you 18 so much. 19 CHAIR MAMMINA: Thank you. 20 MS. WAGNER: All right. So 21 we're going to take a break, Deborah? 22 MS. ALGIOS: Yes. How long 23 should we -- 24 MR. FRANCIS: How about 15 25 minutes. 26 MS. ALGIOS: So we'll 27 reconvene about 12:45? 28 MR. FRANCIS: Sure. 29 MS. WAGNER: Okay 12:45 works. 30 (Short recess taken.) 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48

1 03/24/2021 81 2 MS. WAGNER: Okay. Next 3 appeal, appeal No. 20938, Vohora Realty, 27 4 Myrtle Street, Manhasset, Section 3, Block 44, 5 Lot 1, in the Resident -- in the Business B 6 zoning district; variances from 70-208.G and 7 70-208.F, to convert a non-conforming mixed-used 8 building entirely to residential, expanding a 9 non-conforming use, and additions to the 10 building, expanding a nonconforming building. 11 CHAIRMAN MAMMINA: You've 12 heard appeal No. 20938, Vohora Realty. Is there 13 anyone in the room who is interested in the 14 application, other than the applicant? And if 15 so, just make sure that your hand is raised and, 16 at the proper time, then Deborah will promote 17 you to speaker if you wish to speak. There's no 18 obligation to speak. You may just want to 19 listen. 20 Okay. So with that said, do 21 we have the applicant? 22 MR. VOHORA: Yes. 23 CHAIRMAN MAMMINA: Good. 24 MR. VOHORA: Good morning. 25 CHAIRMAN MAMMINA: Good 26 morning. 27 MR. VOHORA: Good afternoon, I 28 should say. Neal Vohora, 15 The Loch, Roslyn. 29 MR. IANNONE: Mr. Chairman, 30 can you hear me? 31 CHAIRMAN MAMMINA: Yes. I 32 hear you fine. 33 MR. IANNONE: Okay. I turned 34 my camera on. I should be there as well. 35 CHAIRMAN MAMMINA: Yeah, we 36 don't see you. If this is Mr. Iannone, we don't 37 see you, though. But that's okay. 38 MR. IANNONE: Okay. I don't 39 know why I was on before. But I'll try and fix 40 that. 41 CHAIRMAN MAMMINA: Okay. 42 MR. IANNONE: Besides Mr. 43 Vohora, Chairman Mammina, I also have Sol 44 Hakimian, who's a real-estate expert that -- for 45 this hearing. He is sitting next to Mr. Vohora. 46 CHAIRMAN MAMMINA: Okay. Do 47 we have any credential for him? 48 MR. IANNONE: I --

1 03/24/2021 82 2 CHAIRMAN MAMMINA: Only -- 3 MR. IANNONE: Well, I sent 4 over with the exhibits -- but I would ask to -- 5 I would, you know, voir dire him and put forth 6 his expertise for you in the form of questions. 7 And obviously -- 8 MS. ALGIOS: I'm sorry, Mr. 9 Iannone; since you are speaking, can you just 10 place your name and address on the -- 11 CHAIRMAN MAMMINA: Oh, I'm 12 sorry. 13 MS. WAGNER: That's okay. 14 MR. IANNONE: Sure. For the 15 applicant, Vohora Realty, James L. Iannone, Law 16 Offices of James L. Iannone, P.C. -- there I am 17 -- 421 Willis Avenue, Williston Park, New York 18 11596. Good afternoon, Chairman Mammina and 19 members of the board. 20 MR. HERNANDEZ: Good 21 afternoon. 22 CHAIRMAN MAMMINA: Good 23 afternoon, Mr. Iannone. 24 MR. HERNANDEZ: How are you, 25 sir? 26 CHAIRMAN MAMMINA: We see you 27 now. 28 MR. IANNONE: Okay. Sorry I 29 had some technical difficulties before. 30 As the board may be aware, 31 this is a continued hearing back -- that we 32 started in September, that I asked be adjourned. 33 I thank the board for, you know, allowing the 34 applicant and myself to have this opportunity to 35 continue its presentation. 36 CHAIRMAN MAMMINA: Okay. The 37 floor is yours. 38 MR. IANNONE: Okay. Members 39 of board, this property is kind of a unique 40 property. The property, 27 Myrtle Street, 41 Manhasset, is Section 3, Block 44, Lot 1. It is 42 a property that my client purchased in 2019. It 43 has a certificate of existing use. 44 And basically, the way this 45 property is, it has two addresses on one tax 46 lot. And the way the property is is it's a 47 one-family residence, which is 31 Myrtle, with a 48 detached garage used for retail, with an

1 03/24/2021 83 2 apartment above, which is 27 Myrtle. And I 3 submitted that as Exhibit F to the board. 4 The applicant's desire is to 5 turn 27 Myrtle into a full residence, 6 eliminating the mixed use that it currently has, 7 which is as office on the first floor and as an 8 apartment on the second floor. There are many 9 reasons for this. 10 The current configuration of 11 the -- of 27 Myrtle -- the office space -- 12 there's no bathroom on the first floor. So as a 13 use for office, is not very practicable for most 14 people, in that you would not be able to, if you 15 were going to see clients or a person there, see 16 clients and have a use of a bathroom. The only 17 bathroom is on the second floor. 18 The applicant's desire is to 19 create a single-family residence at 27 Myrtle. 20 I've indicated -- and I've sent over to the 21 board the renderings, which I've attached as 22 Exhibit C; they're not in color, unfortunately, 23 but I shared that -- I can share the pictures 24 with my screen. And I sent to Secretary Wagner 25 -- I realize that they were not in color, and I 26 e-mailed the color renderings to Secretary 27 Wagner; hopefully she can see them; otherwise, I 28 can display them and share my screen. 29 So if I could -- this is a 30 rendering of the street view; if you can see it. 31 This is 31 Myrtle, and 27 Myrtle is directly 32 behind it in a corner. You can see on this 33 rendering the third ren -- the third picture, 34 the two structures next to each other: 31 35 Myrtle; and I'm now pointing to what we would 36 like to do with 27 Myrtle. 37 MR. DONATELLI: It might be 38 easier if I don't -- if you don't mind my 39 interrupting, it might be easier for us to be 40 looking at one source of the photographs, either 41 sharing the screen or else just -- you know, so 42 we all have one frame of reference -- 43 CHAIRMAN MAMMINA: Yeah -- 44 MR. IANNONE: Okay. 45 MR. DONATELLI: -- rather than 46 you holding up photographs. 47 MR. IANNONE: What I can do is 48 --

1 03/24/2021 84 2 MR. DONATELLI: We're fine 3 with looking at the non-colorized version. 4 MR. IANNONE: Okay. What I 5 can do is -- I don't know if it's possible, for 6 the e-mail I sent -- the non-color version does 7 show, but I did send the color photos. So 8 afterwards if you have any questions, they have 9 them. 10 The idea is -- with 27 Myrtle, 11 we've taken the location and we're going to put 12 landscaping in the front to soften the look. If 13 you could see the -- I know -- 14 Yes. Thank you very much. 15 That is the proposal for 27 16 Myrtle, the structure on the right with the 17 cursor. We have put planting -- currently 18 there's no plantings like that. We took -- we 19 would put those plantings in front to soften the 20 look of the structure, to make it more in 21 character and conformity with the neighborhood. 22 With -- we would have -- still 23 have ample parking for two vehicles there, and 24 two -- as you can see behind it in that photo, 25 there's an SUV in the back. There would be 26 additional parking for 31 Myrtle, as you can see 27 in that photograph over there. There would be 28 two parking areas for the -- for cars for that 29 house. 30 This area is zoned as Business 31 B. But as I've attached to the board, this is an 32 interesting area of Manhasset, in that the zones 33 change very quickly. And the street behind it is 34 zoned Residence C. So one block behind it is, in 35 fact, Residence C, which I've attached as 36 Exhibit G, a copy of the zoning map, which shows 37 just how carved up Myrtle Street and the 38 surrounding area are in that area. 39 And so while the street, 40 Myrtle Street, itself is in fact zoned as 41 Business B, if you go down Hillside Avenue one 42 block there, you lead into a neighborhood in the 43 -- of Manhasset that is very similar; the houses 44 are all very similar to the houses that we're 45 proposing. Just to be clear; 31 Myrtle is not 46 part of this application because it is in fact a 47 one-family residence already. I'm just showing 48 it and we -- or renderings of it so we could

1 03/24/2021 85 2 describe how we would like to -- if our 3 application was granted, what the total property 4 tax lot would look like. And I think it -- 5 CHAIRMAN MAMMINA: Mr. 6 Iannone, I apologize for interrupting you. The 7 -- just so that I understand better; number 27, 8 then, right now, according to certificate of 9 existing use, is an apartment or a garage or -- 10 I'm -- I guess I'm just a -- I was a little 11 confused by that. 12 MR. IANNONE: What the exact 13 -- it's -- Chairman Mammina, what the exact 14 certificate of use says is -- is that it is a 15 detached garage used for retail, with apartment 16 above. So it -- 17 CHAIRMAN MAMMINA: Okay. 18 Right, you did say. 19 MR. IANNONE: -- it is a 20 certificate of existing use, and that's why this 21 is a use variance, because even though the 22 upstairs is used for residential, Business B 23 doesn't -- this is a prior non-conforming use, 24 and -- 25 MR. HERNANDEZ: And, again, 26 for sake -- 27 MR. IANNONE: -- the 28 application is to -- 29 MR. HERNANDEZ: -- for sake of 30 clarity -- 31 MR. IANNONE: -- expand the 32 non-conformity, even though the house right next 33 door to it on the same tax lot is residential. 34 The property two doors down, 35 17 Myrtle, is a three-family residential. And 36 the property at the corner, which -- the corner 37 of Myrtle and Bayview, which I've attached a 38 photo of as Exhibit H, has been converted to a 39 residential use. 40 CHAIRMAN MAMMINA: Legally 41 converted? 42 MR. IANNONE: Yes. 43 MR. HERNANDEZ: For sake of 44 clarity: When you say that 27 is a detached 45 garage, it is a detached garage to 31, correct? 46 MR. IANNONE: Yes. This is 47 the -- what I tried -- what I had some 48 difficulty explaining when we were -- when -- at

1 03/24/2021 86 2 the initial hearing, is explaining to the board 3 exactly why there are two structures on one tax 4 lot, and how this property came to be this way. 5 So -- and what we're trying to 6 do is to, in my view -- and of course, 7 everyone's view is subjective. But in my view, 8 the renderings and what the applicant is looking 9 to do is much more in character and conformity 10 with that area of Manhasset, especially as you 11 go west one block deeper into -- from Plandome 12 Road into Manhasset. Those homes are all 13 similar size and similar lots. 14 And, you know, you -- on 15 Myrtle Street and Bayview, you do have -- you 16 know, you have a Citibank next to a house, you 17 ha -- so you have a neighborhood where the 18 zoning -- the way things are zoned really 19 doesn't match how the neighborhood has evolved. 20 So -- but -- 21 MR. HERNANDEZ: You made 22 reference to the other houses with similar lots. 23 You're correct; they are roughly 5,000 square 24 feet each. But there's only one house in the 25 5,000 square feet. You are effectively 26 proposing to put a second house on the same 27 5,000 square feet that another house already 28 exists on. 29 MR. IANNONE: Well, I believe, 30 Member Hernandez, that Residence C does allow 31 for even a detached two-family house in that 32 residence, and that's the residence directly 33 behind us. That's that resident classification. 34 And again, this lot right now 35 -- what we're trying to do besides trying to 36 make a reasonable rate of return, we're trying 37 to beautify the property and, by doing so, also 38 decrease the intensity of the use. Right now, 39 there is a residence there at 31 Myrtle, and the 40 certificate of existing use is for a residential 41 apartment on the second floor and as a -- and as 42 a commercial use for the first floor. And that 43 would -- brings more traffic to the area, and 44 that brings more intensity as far as parking and 45 as far as traffic to the area. 46 If this were in fact allowed 47 that these would be two residential 48 single-family residences as opposed to a

1 03/24/2021 87 2 single-family residence with an accessory 3 apartment and a commercial use on the first 4 floor, which is permitted as it exists now, you 5 still have the aspect of two separate families 6 living in that space. 7 MS. WAGNER: Deborah, I just 8 want to clarify something that was said before. 9 Mr. Iannone, you had said you 10 were applying for a use variance, but I think 11 it's been decided that this is not a use 12 variance, that this is an area variance, and 13 that is the appropriate criteria that should be 14 discussed here. 15 Is that correct, Deborah? 16 MS. ALGIOS: Yes. 17 MR. IANNONE: Okay. Well, 18 that's actually great. I was prepared to 19 discuss both. You know, and quite honestly, 20 that is why I submitted all the information, had 21 Mr. Hakimian available to testify, because the 22 fact of the matter is that the commercial use is 23 the uses in Business B, first of all, because of 24 the size of the unit. Most of the property that 25 we're talking about -- most of that is totally 26 inapplicable. Like, we can't put a nursing home 27 there. The only other use would be as an office 28 space. And the reason I 29 submitted all this information and photos of 30 available and vacant commercial properties on 31 Plandome Road and other commercial properties is 32 that, in a use-variance situation, the criterion 33 must be that the applicant must show that there 34 is no meaningful rate of return that could be 35 achieved by the applicant, and that -- you know, 36 just to prepare -- I know that we had a spirited 37 discussion about this, and I wanted to be 38 prepared on both fronts. 39 As far as the plan, I did 40 submit the drawing -- the architectural drawing. 41 The idea would be to build this structure and 42 have a four-bedroom home with a small eating 43 kitchen on the first floor, a full bath on the 44 first floor, and a full bath on the second 45 floor. I submitted that originally in the 46 original application, and I realized that I did 47 not include that with my additional exhibits. 48 So I sent that to Secretary Wagner this

1 03/24/2021 88 2 afternoon at the break; in case anyone wants to 3 see that. But these were the original plans 4 that were submitted to the board. 5 As far as the factors go for 6 the property, I believe that, you know, looking 7 at it as an area variance, that the factors that 8 the board must consider -- the proposal that we 9 have fits all of those criterion and would, in 10 fact -- would not create an undesirable change 11 in the character of the neighborhood, or a 12 detriment to nearby properties if this variance 13 were created. 14 I submit to the board, I 15 believe this is a significant upgrade, the way 16 that we would change this property from its 17 current configuration, which is not as 18 attractive of a site, which has a higher 19 intensity of use with permitted commercial use 20 on the first floor, and apartment on the second 21 floor; the second factor being whether the 22 benefit sought by the applicant can be achieved 23 by some other method other than an area 24 variance. 25 I submit to the board, no, not 26 in this situation, because, you know, this -- 27 while we could use the property as a mixed use, 28 I don't think that is its appropriate -- its -- 29 its best use, either from my client's 30 perspective of attempting to realize a better 31 return monetarily, or also building -- having 32 something that I think that the neighborhood 33 would find aesthetically pleasing and would not 34 be as intensively used parking-wise or 35 traffic-wise. 36 Whether the requested area 37 variance is substantial: I do not believe it is. 38 We're not increasing the footprint at all of the 39 structure. We are taking the structure as is. 40 We're beautifying, with some landscape 41 architecture, the front of the structure. We're 42 not increasing the footprint at all. And in 43 fact, we -- the -- we would be -- as I said, it 44 would be a less intense use than having a 45 business owner on the first floor and a 46 residential renter on the second floor. 47 Whether the proposed variance 48 will have an adverse impact or effect on the

1 03/24/2021 89 2 physical or environmental conditions of the 3 neighborhood or district: I submit to the board, 4 it would not. It, in fact, would increase the 5 -- it would be in conformity. And really, 6 Myrtle Street is kind of like the entranceway 7 into the residential section of that area of 8 Manhasset, and it would bring the residential 9 aspect of that area of Manhasset further closer. 10 And like I said, 31 Myrtle 11 already is a one-family residence. 17 Myrtle is 12 already three-family residence. So it's not as 13 if this is not a residential area. This is not 14 the street. Most of the use on that street is 15 residential at this point. And the alleged 16 difficulty, I would say -- respectfully submit, 17 was not self-created. This is an existing 18 structure that is here. It is a hybrid use. 19 And what we're looking to do is make this use 20 into a one-family residential, which I believe 21 would be a benefit to the community. 22 I also did submit a waiver -- 23 a consent from one of the neighbors. There are 24 only five adjoining properties: One is Manhasset 25 Park District. One actually is a property owned 26 by Vohora Realty; that's 17 Myrtle. Obviously, 27 they consent to the application. And I did 28 submit a consent from Hillside Lot, LLC, which 29 is the owner of the property -- the adjoining 30 property at 57 and 47 Hillside Avenue. 31 I could have Mr. Hakimian, 32 who's sitting here, if the board wishes to hear 33 him -- about how residential real estate in the 34 area is very much in demand, as opposed to the 35 other uses right now, and how the current use of 36 the unit as a mixed use is not in demand at all. 37 So just to make my proofs, if I could, I'd 38 introduce Mr. Hakimian. 39 MR. HERNANDEZ: If I could -- 40 MR. IANNONE: If I could I ask 41 Mr. Hakimian -- 42 MR. HERNANDEZ: If I can just 43 add something before you do that, only to 44 clarify something you said. 17, it is true, 45 correct, a three-family house? 46 MR. IANNONE: Yes. 47 MR. HERNANDEZ: And you use 48 that as an argument for this area being residen

1 03/24/2021 90 2 -- more residential than it appears. However, 3 it's important that we be -- neglectful not to 4 point out that that 17 is not surrounded by 5 lawn; it is surrounded by your commuter parking 6 lot that is rented out. So although it may be 7 residential, the building itself, the 8 surroundings of it are completely commercial. 9 So you were -- 10 MR. IANNONE: Yes. 11 MR. HERNANDEZ: -- you -- I 12 live in the neighborhood. I drive by there 13 constantly. And it's a misnomer to say that 14 that block is residential. Yes, there are two 15 residential homes pigeonholed amongst commercial 16 properties. 17 MR. IANNONE: Mr. Hernandez -- 18 Member Hernandez, you're exactly correct. Yes, 19 there is a parking lot that has been a 20 conditional use, and I've handled those 21 conditional uses for that area. And that 22 conditional use of that as a parking lot dates 23 back as early as, the records that I see -- to 24 1972. 25 MR. HERNANDEZ: That's 26 correct. 27 MR. IANNONE: So yes. But -- 28 MR. HERNANDEZ: You identified 29 (phonetic) it was, before, for those parking 30 lots. I recog -- 31 MR. IANNONE: I have. And I 32 would never make a misstatement to this board. 33 It is, though -- in fact, there are people 34 living there as a three-family. 35 MR. HERNANDEZ: I -- I'm not 36 disagreeing with you, yeah? I just want to -- 37 MR. IANNONE: And -- 38 MR. HERNANDEZ: -- clarify 39 that there are 30 parking spaces, roughly, in 40 that parking lot; isn't that -- not three or 41 four. 42 MR. IANNONE: I think it's 22, 43 but it's -- it's less than 30, but I think it's 44 22. But please don't quote me on that. 45 MR. LEVINE: You are correct. 46 MR. IANNONE: 22? Okay. That 47 would be [zoom inaudible. 48 MR. HERNANDEZ: I count to --

1 03/24/2021 91 2 I count to 24. But that's okay. So doesn't 3 matter. 4 CHAIRMAN MAMMINA: May I ask 5 you to clarif -- 6 MR. IANNONE: The point being 7 is, you are correct, it is a three-family house. 8 However, it is all blacktop (phonetic) as a -- 9 MR. HERNANDEZ: It's used as a 10 commercial enterprise. 11 MR. IANNONE: Yes. 12 MR. HERNANDEZ: It's used as a 13 commercial enterprise. 14 MR. IANNONE: And what we're 15 trying to do with the end of the block there, 16 with the other property, with the other tax lot, 17 is soften its look and make it look more 18 residential by adding landscaping to it, to 19 soften its look, to make it more in conformity 20 to -- if you've traveled down Hillside and go 21 further back -- one block back, that's the 22 beginning of Residence C. And I think what the 23 architectural rendering that we submitted -- is 24 in keeping with Residence C, which is the zone 25 behind it. 26 CHAIRMAN MAMMINA: Mr. 27 Iannone, I'd like to just ask a question of 28 Deborah -- 29 MS. ALGIOS: Yes. 30 CHAIRMAN MAMMINA: -- and, I 31 guess, Virginia also. So the disapproval that 32 says it's a non-conforming use is no longer the 33 disapproval per se, or it's a -- this is 34 strictly an area variance and not a use 35 variance? 36 MS. WAGNER: No, it's -- it's 37 an expansion of a non-conforming use. 38 MS. ALGIOS: Exactly. 39 CHAIRMAN MAMMINA: Oh, okay. 40 So it is -- it's an expansion. Okay. 41 MS. WAGNER: Yeah. So -- 42 MS. ALGIOS: It's an 43 expansion. That's how it was interpreted. 44 CHAIRMAN MAMMINA: Good. I'm 45 good with -- 46 MS. WAGNER: They have a 47 non-conforming use and they want -- which is the 48 residential portion of the mixed use, and they

1 03/24/2021 92 2 want to expand that residential portion. You 3 know, if it was coming in as -- entirely as a 4 residential use in a commercial zone, it would 5 be a use variance. But because they already 6 have that use as already legal on the property 7 in part, they are expanding that. So -- 8 MS. ALGIOS: That's the way 9 it's being interpreted. 10 CHAIRMAN MAMMINA: Thank you, 11 Virginia. And -- 12 MR. DONATELLI: Yeah, thank 13 you for that clarification, 'cause that was 14 exactly the question that I had, as well. 15 MS. WAGNER: Which is the 16 reason why we postponed -- 17 CHAIRMAN MAMMINA: From 18 September. 19 MS. WAGNER: -- the -- 20 MS. ALGIOS: Yes. 21 MS. WAGNER: -- from the last 22 hearing, is to clarify that. And based on 23 discussions with counsel and the Commissioner of 24 Planning, we decided that it was appropriate to 25 proceed as an area variance. 26 CHAIRMAN MAMMINA: Okay. And 27 then, Mr. Iannone, before you call your 28 real-estate expert, just one other question. 29 The certificate of existing use and the approval 30 of that second floor as residential and the 31 first floor as retail commercial use, when -- do 32 you know when the -- when that happened? In 33 other words, did that pre-date the zoning? And 34 was that the defense or was that granted by the 35 zoning board in 1960-something or -- what do we 36 know about that? 37 MR. IANNONE: What I know 38 about it -- what I submitted to the -- as 39 Exhibit F to the board is the search -- the 40 property search when my client purchased the 41 property back in 2019. There is -- what came 42 back is a certificate-of-occupancy search said; 43 Attached please find certificate of existing 44 use, No. 1760 -- 1716, issued September 24, 45 1986; one-family residence with detached garage 46 used for retail, with apartment above. 47 And the next page is the -- in 48 fact, a copy of the certificate of the existing

1 03/24/2021 93 2 use, which is legible but very -- not the best 3 legibility. You can make out the date and you 4 can make out what it says. But it's -- I -- 5 because of the age, and I think it was on 6 microfilm, that's what it is, what I have. 7 CHAIRMAN MAMMINA: Okay. 8 Nothing to do with the certificate or its 9 validity; just as a curiosity: Can you read who 10 it was signed by? Again, it doesn't reflect 11 negatively or positively or -- yeah, I'm -- just 12 my curiosity. 13 MR. IANNONE: Chairman, I 14 can't -- there is a signature there. It says, 15 -- 16 CHAIRMAN MAMMINA: Fine. 17 MR. IANNONE: -- Recommended 18 by, Approved. There's a stamp that says, 19 Approved, but I can't see whom it was approved 20 by. 21 CHAIRMAN MAMMINA: That's 22 fine. Forget it. Okay. 23 MR. IANNONE: So that is what 24 the property is. That's the difficulty of what 25 this is. And again, this is why we're seeking 26 to -- we're seeking the proposed variance. 27 If at this time, if you would, 28 I would call Mr. Hakimian, who's with me. 29 CHAIRMAN MAMMINA: Please. 30 MR. IANNONE: Mr. Hakimian, 31 could you give your appearance for the board? 32 MR. HAKIMIAN: Sure. My name 33 is Sol Hakimian. I'm, you know, real-estate 34 business for 15 years. I'm currently working 35 with Daniel Gale Sotheby's International on 36 Plandome Road; at 364 Plandome Road in 37 Manhasset. And I do residential and commercial 38 business, and I'm trying to help my client, Mr. 39 Vohora, in this case. Basically, what will be 40 viewed with the -- 41 CHAIRMAN MAMMINA: And if you 42 may -- and I'll apologize for interrupting you. 43 And I guess I'll ask the 44 counsel if I am correct, 'cause I'm the 45 architect on the board, not the attorney. But 46 the fact that essentially you're a real-estate 47 broker, that does not make you a real-estate 48 expert by credential. And of course you can

1 03/24/2021 94 2 testify, but, in terms of the weight of that 3 testimony, it would not be as a -- you know, as 4 a real-estate expert but, you know, strictly 5 someone who sells real estate; is that correct? 6 And I can ask Deborah and Mr. Iannone. 7 MR. IANNONE: Well, I was 8 going to -- I don't -- Deborah, do you want to 9 answer before I say -- 10 MS. WAGNER: Well, I -- I -- I 11 suppose, for what he's going to be testifying -- 12 and I'm assuming, as to the value of -- of the 13 neighboring properties. Is that correct? I 14 mean -- 15 MR. IANNONE: The -- 16 MR. HAKIMIAN: Yes. 17 MR. IANNONE: The purpose of 18 his testimony, Chairman Mammina and to the 19 board, was simply to discuss the -- you know, 20 he's viewed the property. He is our real-estate 21 agent for the property. He is assisting, and 22 will be eventually assisting, the applicant with 23 listing the property for rent, in whatever 24 capacity it's allowed to be used. 25 And being that he is a 26 real-estate agent for 15 years in the area and 27 he is a real-estate agent in both with -- 28 handling both commercial real-estate in the form 29 of leasing and the form of purchase, and also 30 residential real estate, what I have him here -- 31 what I'd submit his testimony would be: simply 32 to advise the board as to the marketability and 33 the feasibility and, as I said originally, 34 viewing this as a use variance, as it was 35 initially -- as the initial indication was it 36 was being viewed; to state you know, the 37 necessity to have this -- for this variance to 38 be granted, for my client to be able to achieve 39 a meaningful rate of return. 40 And even in an area-variance 41 context, I would still like to -- especially 42 since he's been on the call since 9:30, I would 43 like for him to be able to, you know, give his 44 expertise and advise the board as to the market 45 conditions, which he can testify much better to 46 than I can as the applicant's attorney, 'cause I 47 don't -- I'm not a realtor in Manhasset; he is. 48 He's the one who has clients coming in,

1 03/24/2021 95 2 customers each day, either looking to rent or 3 looking to lease or purchase. 4 CHAIRMAN MAMMINA: Okay. So 5 what I think is, you know, a real-estate expert 6 is a very broad term. I think what we'll do is 7 we'll take his qualifications, you know, into 8 consideration, we'll hear his testimony, and 9 we'll make a decision as to whether or not we 10 will accept him as an expert, after we hear his 11 testimony. MS. ALGIOS: But 12 -- 13 MR. IANNONE: Thank you very 14 much. 15 MS. ALGIOS: But he's not a -- 16 he's not a -- 17 MR. LEVINE: If he's not an 18 expert, we can give weight to his testimony as 19 we deem appropriate. 20 MS. ALGIOS: -- certified 21 real-estate appraiser, correct? 22 MS. WAGNER: Exactly. 23 MS. ALGIOS: He is not an 24 appraiser. He's a -- 25 MS. WAGNER: No. 26 MS. ALGIOS: He's someone who 27 is knowledgeable about the market. But -- 28 MR. LEVINE: Even if he's not 29 an expert, we can consider it and give it what 30 weight we deem appropriate. 31 MS. WAGNER: Absolutely. 32 MR. LEVINE: Right. We could 33 take it as if -- 34 MS. WAGNER: Exactly. The 35 board can still -- even if the board does not 36 qualify him as an expert, they can still 37 consider his testimony and give it whatever 38 weight they choose to give it. 39 CHAIRMAN MAMMINA: Right. 40 Maybe I -- 41 MR. IANNONE: Thank you. 42 CHAIRMAN MAMMINA: That's a 43 better way -- 44 MS. WAGNER: You're welcome. 45 CHAIRMAN MAMMINA: -- of 46 expressing my question. Sure. 47 MR. IANNONE: Thank you. I 48 appreciate that. I'm -- we're fine with that.

1 03/24/2021 96 2 Mr. Hakimian, may -- are you 3 familiar with the property, 27 Myrtle? 4 MR. HAKIMIAN: Yes, I am. I 5 sold -- 6 MR. IANNONE: Have you been in 7 -- 8 MR. HAKIMIAN: This was a 9 property that I sold to Mr. Vohora, 2019. 10 MR. IANNONE: Okay. And the 11 property as it's currently configured right now, 12 meaning 27 -- 13 MR. HAKIMIAN: Yes. 14 MR. IANNONE: -- it is right 15 now, as it -- listed, commercial on the first 16 floor, residential on the second floor. And as 17 I -- as stated before, there's no bathroom in 18 the first floor. Could you opine, in your 19 experiences as a real-estate agent in that area, 20 what the marketability of that property is, for 21 rent right now, in this current -- 22 MR. HAKIMIAN: Well, the first 23 floor -- the fact that it doesn't have a 24 bathroom, it would be very difficult to rent it 25 to a user. Now, if he get a person to rent -- 26 to live upstairs and use the first floor as a 27 office, they still need to have a bathroom. So 28 I don't think anybody zoom inaudible first floor 29 would want to have their customers to go to 30 their apartments to use the bathroom. 31 And right now the way the 32 market is, there is so many choices for people 33 to have an office, and there is so many vacant 34 properties that they have the selection to 35 choose from. So it would make it very difficult 36 to use the first floor as a office space. 37 MR. IANNONE: And -- 38 CHAIRMAN MAMMINA: Of course, 39 a bath -- 40 MR. IANNONE: And along those 41 lines -- 42 CHAIRMAN MAMMINA: -- a 43 bathroom could be added. 44 MR. IANNONE: -- members of 45 the board, that's why -- what I submitted and 46 went through with respect to Mr. Hakimian: the 47 photos that I've attached of, you know, vacate 48 storefronts on Plandome Road, and listings for

1 03/24/2021 97 2 properties that -- on Plandome Road that Mr. 3 Hakimian gave me, that is listed as of March 4 3rd. I don't know if any have been rented 5 since; I haven't searched further. But that -- 6 those were available properties for rent in 7 commercial space back as of March 3rd. 8 Exhibit J was a property that 9 -- on Bayview Avenue, that's for rent; is 10 commercial. And Exhibit K is a 11 42,000-square-foot property located at 111 East 12 Shore Road that's even offering a year of free 13 rent at the moment, you know, and still has not 14 had any success in renting the property. 15 Mr. Hakimian, could you tell 16 the board right now, what is the conditions for 17 residential -- the demand for residential 18 one-family housing in Manhasset around the area 19 that the property 27 Myrtle is in? 20 MR. HAKIMIAN: Well, right now 21 the demand for residential rental is very, very 22 strong. Actually, as we speak, there is only 23 maybe four properties for rent in whole 24 Manhasset area. And the fact that there are so 25 many people leaving the city and coming to Long 26 Island -- there is not enough supply for those 27 people. So it's much, much more demand for 28 residential than it is for commercial space. 29 MR. IANNONE: And if the 30 variance -- if the variance application were in 31 fact to be granted, do you have an idea of what 32 you would consider a monthly rental for the 33 property? 34 MR. HAKIMIAN: I would say 35 would be between $4,300 to $4,500 a month. 36 MR. IANNONE: I don't have any 37 more questions for Mr. Hakimian now. If any of 38 the board members do, please ask. 39 MR. HERNANDEZ: No questions. 40 CHAIRMAN MAMMINA: No 41 questions. Thank you. Thank you, Mr. -- 42 MR. HAKIMIAN: Sure. 43 CHAIRMAN MAMMINA: -- 44 Hakimian. 45 MR. HAKIMIAN: Sure. Thank 46 you. 47 MR. IANNONE: With -- members 48 of the board, if you have any other questions of

1 03/24/2021 98 2 me or Mr. -- 3 MR. HERNANDEZ: I do. 4 MR. IANNONE: -- or Mr. 5 Hakimian, I'd be happy to take it; otherwise -- 6 MR. HERNANDEZ: Yeah, 7 actually, I do. I don't know what the square 8 footage of this property is, the rental business 9 property underneath. I have -- I haven't -- 10 don't recall the number offhand. 11 MR. IANNONE: I do. 12 MR. HERNANDEZ: But I think 13 it's a little bit misleading to compare a 14 property on East Shore Road, of 4,200 square 15 feet, not being rented for a year -- comparing 16 it to this property, which I would imagine is 17 definitely less than 1,000 square feet. 18 MR. IANNONE: It -- it -- it 19 is the -- the idea -- the only reason I put that 20 in at all was, again, in the context of the fact 21 of showing the relative weakness for commercial 22 real estate at the time. Obviously, if -- 23 whoever would be renting our property, if our 24 variance application were denied and we had to 25 rent it as an office, the property at -- the 26 42,000-square-foot East Shore Road property is 27 not a competitive property to it. I would 28 submit to the board, though, that the properties 29 on Plandome Road would be. And in fact, they 30 would be superior for a commercial use, because 31 that's the main thoroughfare for Manhasset. I 32 would assume that they would be much more 33 desirable because, you know, with a commercial 34 property, visibility and even more street 35 parking would be something that a commercial 36 lessee would find desirable. 37 So those properties and that 38 property at Bayview -- those, I would submit, 39 are in fact much more competitive or much more 40 comparable. I only put the other one in just to 41 highlight the relative weakness -- 42 MR. HERNANDEZ: Yeah. 43 MR. IANNONE: -- of commercial 44 real estate -- 45 MR. HERNANDEZ: Yeah. 46 MR. IANNONE: -- at this time 47 -- 48 MR. HERNANDEZ: Yeah.

1 03/24/2021 99 2 MR. IANNONE: -- as opposed to 3 residential, which is extremely hot and -- what 4 we're seeing here also is -- and our Zoom 5 meeting right now is perfect evidence of it, in 6 and of itself -- people are using residential 7 properties and telecommuting and working from 8 home in a lot of instance. 9 I do believe that, God 10 willing, the virus subsides, people will be, in 11 fact, going back into New York City and working. 12 I do believe that we might be going more towards 13 a hybrid model in the future. I certainly don't 14 have a crystal ball. But that again highlights 15 how desirable this property would be as a 16 residential property, because it would be a 17 beautiful residential property within feet of 18 the Manhasset train station. 19 So the person that we'd be 20 looking to rent this property, say that person 21 works in New York City and is going to be going 22 to work three days a week. He would have -- he 23 or she would have the train readily accessible. 24 And to go to and from work, they would have all 25 the shops and the amenities and restaurants and 26 bakeries and Starbucks and the dry cleaners that 27 are on Plandome Road. And he or she, or they if 28 it was a family, would also have the benefit of 29 that area and living in the beautiful area of 30 Manhasset; the schools and such. So as a 31 residential, this property would really offer 32 someone the best of both worlds. 33 MR. HERNANDEZ: I know the 34 charms of Manhasset; I've been here for -- 35 living here for 30 years, so I know it well. And 36 Manhasset historically has not had a surplus of 37 rental housing; it's always been in very, very 38 short demand. I moved out of my house for one 39 year to do some major renovations, and I had a 40 hard time finding a rental house for a year. So 41 I understand that. 42 You pointed out that one of 43 the -- the major drawback of this commercial 44 side of this property is the lack of a bathroom. 45 Have you explored the possibility of putting a 46 bathroom in? 47 MR. IANNONE: We could put a 48 bathroom in. And I would -- Mr. Hakimian -- if

1 03/24/2021 100 2 we -- if we sought a building permit and put a 3 bathroom in -- and I had asked Mr. Hakimian 4 again -- I still believe that, if it's used and 5 we do put a bathroom on the first floor, first 6 of all, it will make the space that's usable as 7 office space smaller, because obviously you're 8 cutting into the space that you have for office 9 use. So you're making the space smaller by that 10 means. 11 But even if we were in fact to 12 do that, you have a situation where we really -- 13 we have to spend substantial sums of money and 14 seek building permits and build something that's 15 not currently there, to have a use that, to use 16 this property as a commercial use, which, as Mr. 17 Hakimian just testified to, there's really no 18 demand for that. There's very little demand. 19 There's obviously always some demand, but right 20 now there's very little demand for it, 21 especially in the current market standpoint. 22 And also, the way that the 23 property is as a mixed use, it really would 24 appeal only to someone who is a very unique, 25 almost unicorn, tenant that is a lawyer or an 26 architect or an accountant who wants to have his 27 or her office on the first floor and live on the 28 second floor. I don't think many people would 29 be comfortable having an office on the first 30 floor and having a residential tenant on the 31 second floor. I don't think that's a good look 32 for many business owners, and I don't -- 33 MR. HERNANDEZ: All of 34 Plandome Road is essentially like that. 35 MR. IANNONE: I understand, 36 but I think that we're morphing away from that. 37 I mean, the -- when Plandome Road, being an 38 older community, was built -- you know, I had 39 one of these applications in Port Washington. 40 The idea was it was a deli, and the store owner 41 lived above it. That's the Walt Disney 1910, 42 circa, of America town. It -- it has its charms 43 but I don't -- it only appeals to a very small 44 subset of people that will require my client to 45 go out and basically find two sets of tenants. 46 And I could ask Mr. Hakimian 47 this question. 48 Mr. Hakimian, and if we did

1 03/24/2021 101 2 put a bathroom in the premises, on the bottom, 3 and spent the money to do that and then tried to 4 rent the property as a -- as an office, 5 commercial on the bottom, and also as a tenant 6 on the top, would that -- in your estimation, 7 (a) would that be something that is desirable or 8 rentable, from what you're seeing, and then (b) 9 would you be able to get the same rental return? 10 MR. HAKIMIAN: To my opinion, 11 first of all, it would be very difficult getting 12 a tenant on the first floor, simply because 13 there are so many places on Plandome Road 14 available, which is on the main streets. And 15 why would they want to come to the area that 16 it's off Plandome Road and -- since they would 17 have so many choices? 18 And secondly, the rent that 19 you're going to get, it's going to be so 20 minimal. And to go through the expenses for the 21 landlord, it might not make sense to add a -- 22 even -- if you're going to put a bathroom in 23 that unit, most likely they have to put a 24 handicapped bathroom, simply because it's 25 considered commercial. And that's going to take 26 a lot of space. So you're really left with a 27 very tiny square footage for office space. 28 MR. DONATELLI: So I have a 29 question: When was the last time that you had a 30 commercial tenant in the -- on the ground floor? 31 MR. HAKIMIAN: I had a -- I 32 rented a spot on Main Street; on Main Street in 33 Port Washington, 148 Main Street, which is a 34 mixed use. The first floor I rented to a bakery 35 -- 36 MR. IANNONE: Okay. Sorry to 37 -- 38 MR. HAKIMIAN: -- Steiner's 39 bakery. 40 MR. DONATELLI: Sorry to 41 interrupt. I -- perhaps I need to rephrase the 42 question. When -- on this particular property 43 here, the property at 27 Myrtle Street -- 44 MR. HAKIMIAN: Oh. 45 MR. DONATELLI: -- when was 46 the last time that you had somebody in that 47 space? 48 MR. HAKIMIAN: I didn't --

1 03/24/2021 102 2 it's -- I never put it in the market yet. 3 MR. HERNANDEZ: When was the 4 -- 5 MR. DONATELLI: Okay. 6 MR. HERNANDEZ: -- last time 7 it was rented, I think, is the question. 8 MR. VOHORA: As far as we 9 know, you know, as long as we have owned the 10 property, it has been completely vacant. And it 11 seemed to be vacant for some time before we took 12 over. 13 MR. HERNANDEZ: And you bought 14 it in 2019? 15 MR. VOHORA: Correct. 16 MR. DONATELLI: Thank you. 17 MR. IANNONE: Are there any 18 other questions from members of the board? 19 MR. DONATELLI: I have -- 20 CHAIRMAN MAMMINA: Questions? 21 MR. DONATELLI: -- no further 22 question. 23 MR. HERNANDEZ: No. 24 MR. IANNONE: Okay. Again, I 25 appreciate the board's time to take the time to 26 review this application on two separate matters, 27 to adjourn it, to come to a determination as to 28 what kind of variance that, you know, is 29 required here. I would suggest and 30 respectfully, you know, ask the board to grant 31 the variance that is prayed for here. I believe 32 that -- and again, I did submit the plan for the 33 property, to the board; it was submitted to 34 Building Department. I just re-e-mailed it to 35 Ms. Wagner -- to Secretary Wagner. 36 Again, I think that what we're 37 proposing here would not change the character of 38 the community; in fact, it would merely -- it 39 would actually enhance it. And I set forth all 40 the other factors before, that I thought that we 41 did, and I -- I'd rather not be redundant; I 42 know there are other people waiting. 43 I think that -- in sum, that 44 the application does meet all the five criteria 45 that's set forth under Town Law Section 27- -- 46 267-b, and that I would ask the board to grant 47 the variance. 48 CHAIRMAN MAMMINA: Okay.

1 03/24/2021 103 2 Thank you, Mr. Iannone. Great, good 3 presentation; appreciate it very much. I think 4 that we will reserve decision on this, you know, 5 today so that it -- so that it gets its due 6 consideration. Not an easy application. It's 7 -- we do appreciate it. And again, good job. 8 MR. IANNONE: Thank you very 9 much. I appreciate your time. 10 MS. WAGNER: Chairman, I'll 11 just note that there's nobody that appears to 12 want to speak on this. I do not see any hands 13 raised. 14 CHAIRMAN MAMMINA: Forgot to 15 ask. Thank you. 16 MR. LEVINE: Mr. Hakimian, 17 you're an excellent witness, by the way. 18 MR. HAKIMIAN: Sure. Thank 19 you. MR. LEVINE: I -- 20 MR. HAKIMIAN: Thank you. 21 MR. LEVINE: I could not speak 22 that well off the cuff, and I know you didn't 23 know -- I don't think you knew all the questions 24 you were going to get. Excellent witness. 25 MR. HAKIMIAN: Sure. Thank 26 you, sir. 27 MR. IANNONE: Member Levine, 28 congratulations on your appointment to the 29 judiciary. 30 MR. LEVINE: Thank you so 31 much. We'll see you in court. 32 MR. IANNONE: Thank you. Take 33 care. 34 MR. VOHORA: Thanks for your 35 time. 36 MR. HERNANDEZ: Thank you. 37 MS. WAGNER: So the decision 38 is reserved, correct, Deborah? 39 CHAIRMAN MAMMINA: Decision is 40 reserved. 41 MS. ALGIOS: Correct. 42 43 44 45 46 47 48

1 03/24/2021 104 2 MS. WAGNER: Okay. Next 3 appeal's appeal No. 21016, 43-53 Mineola Avenue, 4 43-53 Mineola Avenue in Roslyn Heights; Section 5 7, Block 4, Lot 350, in the Business B zoning 6 district; variances from 70-103.A and 70-103.F, 7 to construct interior alterations, converting 8 retail space to office space with not enough 9 off-street parking or loading areas. 10 CHAIRMAN MAMMINA: You've 11 heard appeal No. 21016, 43-53 Mineola Avenue, 12 LLC, and 43-53 Mineola Avenue at 43-53 Mineola 13 Avenue, Roslyn. 14 Deborah, do you know if we 15 have anyone in the queue, you know, on the -- 16 MS. ALGIOS: I see a hand up; 17 it says Sanford. I don't know if that's -- 18 MR. LEVINE: That's the 19 architect. 20 MS. ALGIOS: That's the 21 architect? Okay. 22 CHAIRMAN MAMMINA: Yeah. 23 MS. ALGIOS: We -- 24 MR. LEVINE: Sandy Berger. 25 MS. ALGIOS: We did have two 26 people that indicated they wish to speak on 27 this. 28 CHAIRMAN MAMMINA: Okay. 29 MS. ALGIOS: I don't know why 30 they're not in the -- 31 CHAIRMAN MAMMINA: Although, I 32 -- MS. WAGNER: Oh. No, their 33 hands -- we do have two other people now. 34 MS. ALGIOS: Okay. All right. 35 Then that's probably them. 36 CHAIRMAN MAMMINA: We'll ask 37 them to put their hand up. 38 Mr. Migatz, give your name and 39 address and then go ahead; I know you -- that 40 there's something you want to say. 41 MR. MIGATZ: Yeah. Bruce W. 42 Migatz, Albanese & Albanese, 1050 Franklin 43 Avenue in Garden State, New York, for the 44 applicant, Ms. Wagner. We do have Robert 45 Eschbacher, who is appearing as an expert 46 witness. If you could promote him. 47 MR. HERNANDEZ: Mr. Migatz, 48 now we're back to the backdrop.

1 03/24/2021 105 2 MR. MIGATZ: Yes. I didn't 3 want to disappoint Mr. Mammina since he made 4 that comment, so I got the backstop up there. 5 CHAIRMAN MAMMINA: And I see 6 you waxed it all up, too. 7 MR. MIGATZ: Yes. Yeah, yeah. 8 CHAIRMAN MAMMINA: Looked 9 good. 10 MR. MIGATZ: Very good. 11 MR. LEVINE: Carnauba wax. 12 It's all set now. 13 CHAIRMAN MAMMINA: That's it. 14 We're all good to go. Okay. 15 MR. MIGATZ: And -- 16 CHAIRMAN MAMMINA: All yours. 17 MR. MIGATZ: And Ms. Wagner. 18 We also have Paul Toobian and Rodney Davoudi 19 (phonetic), who are principals of the applicant. 20 If you could promote them if they're still 21 there. 22 MS. ALGIOS: Yes, they are. 23 CHAIRMAN MAMMINA: Okay. Mr. 24 Migatz, it's all yours. 25 MR. MIGATZ: All right. If I 26 may share my screen. 27 (Off the record.) 28 MR. MIGATZ: The property card 29 is Exhibit 1; it confirms that the subject 30 property is improved with a prior non-conforming 31 mixed-use commercial building constructed in 32 1922. It had six retail stores on the first 33 floor and eight apartments on the second floor 34 when it was originally constructed. It had a 35 unpaved parking area in the rear, which by 36 today's standards could accommodate 11 spaces, 37 but in '22 no spaces were required. 38 Exhibit 2 is a picture of the 39 subject premises. The top photo is the front of 40 the building, on the corner. And this bottom 41 photo is the parking lot behind the building. 42 And this is how it looked in 2016 when the 43 applicants acquired the property. They spent a 44 lot of money fixing up the property. Exhibit 1 45 is the refurbished front of the building, and 46 Exhibit 4 is the rear parking lot that they 47 paved and striped to meet today's standards. 48 Now, they had this property

1 03/24/2021 106 2 for sale. They converted the six retail stores 3 into two retail stores, and they renovated the 4 upstairs apartments and changed the eight 5 apartments to five apartments. And for the past 6 several years, ever since they purchased the 7 property in 2016, they've been unable to rent 8 the retail stores, and they are now seeking to 9 convert the retail space to a co-working office 10 space; small private offices with shared common 11 areas, such as reception, conference rooms, 12 restrooms, and a pantry, that people can use on 13 a as-need basis. 14 There -- this is very timely 15 because there was just an article in today's 16 Newsday; I'll hold it up and I'll -- there it 17 is. Anyway, the headline is, "No more commute. 18 Survey: Expect to keep working New York City job 19 from Long Island." And the first paragraph 20 reads, "Only 22 percent of Manhattan's major 21 employers plan to require office workers to 22 return in-person full-time post-pandemic, with 23 about two-thirds expecting a hybrid schedule, 24 according to a recent survey that was 25 performed." And I've seen other articles that 26 said the same thing. This was in today's 27 Newsday. 28 And even those who work from 29 home -- I know that, when I was working from 30 home during the pandemic, I still had to come to 31 my office on occasions; I couldn't do everything 32 from home. And, you know, the applicant feels 33 that this is needed now, will be needed, and 34 there's a market for it, as opposed to being no 35 market for retail space, despite their efforts 36 for several years to try to rent the premises. 37 The conversion from retail to 38 office does require a parking variance because 39 office space requires one per 200, and retail's 40 one per 300. The conversion to retail space 41 increases the existing non-conformity by eight 42 spaces. As a retail space, 24 parking spaces 43 are required and, as -- I'm sorry. As a retail, 44 16 are required and, as an office, 24 are 45 required. So that's an increase of eight in a 46 non-conformity. But by changing the apartments 47 from eight to five, they decrease the required 48 parking for the apartments, by three. So the

1 03/24/2021 107 2 net increase in the existing non-conformity of 3 parking is only five spaces. 4 This is an area of variance; 5 balancing the benefit to the applicant against a 6 potential detriment to the community. The 7 benefit to the applicant is to put their 8 property to -- to a use that they can rent, as 9 opposed to having a vacant space. 10 Detriment to the community: 11 Well, the, you know, first factor is will there 12 be an undesirable impact on the surrounding 13 properties. And to address that issue, I will 14 call Robert Eschbacher. He has submitted a 15 parking analysis to this board as part of the 16 record. But I would ask the board to recognize 17 him as an expert witness, as a traffic engineer, 18 and allow him to to sum up his report. 19 CHAIRMAN MAMMINA: Please. 20 MR. ESCHBACHER: Good 21 afternoon, Chairman Mammina and members of the 22 board. Excuse me. My name is Robert 23 Eschbacher, with VHB Engineering, located at 100 24 Motor Parkway in Hauppauge. 25 As Mr. Migatz indicated, it 26 was retained to review the adequacy of parking 27 in connection with this application and, as part 28 of that, I prepared a report, which has been 29 submitted to the board. What I'd like to do is 30 briefly review some of the highlights of that as 31 they relate to the parking deficiency. 32 On paper, based on the notice 33 of disapproval from the Building Department, 34 there's a deficiency of 18 spaces because, 35 looking at the overall site, 29 spaces would be 36 required; that's the combination of the 37 apartments and the first-floor office space. 38 And only the 11 spaces that are striped -- paved 39 and striped in the rear are available. 40 Now, the way the Building 41 Department approaches this is by looking at the 42 proposed square footage of the office space and 43 then applying the necessary code requirements. 44 However, this proposed office space is different 45 than your traditional one, because of the 46 changing climate in office-use conditions. 47 With a co-working space, as 48 we've called this here, rather than having large

1 03/24/2021 108 2 bullpen areas where any number of people might 3 be stationed in there, by having separate 4 designated walled-in offices, it limits the 5 number of people that can be working there and, 6 as a result, the number of people really becomes 7 a determining factor about the amount of parking 8 that would be required. 9 Now, the plan that's been 10 submitted with the application shows that there 11 would be 24 -- I'm sorry, there would be -- got 12 my notes messed up here. There will be a limit 13 on the number of offices, as shown, but -- it'd 14 be the 20 offices. But in my opinion, based 15 upon a research and review of other materials, I 16 have estimated that, at the most, it is 17 reasonable to expect that only 75 percent of 18 them would be occupied at any one time, and that 19 is really on the high side. Many of the 20 businesspeople or individuals that would rent 21 these only come one day a week and, even when 22 they come, they may only be there for an hour or 23 two each time. It is extremely rare that all 24 the offices would be fully occupied at all 25 times. It's not the way these work. 26 In one of the previous 27 buildings where my office was, there was one of 28 these co-working spaces, and I regularly had a 29 chance to walk by and see what was going on. 30 And it was just as I've described: very few 31 people in there at any one time. So when I look 32 at this, I see that the actual parking demand is 33 going to be much lower than would otherwise be 34 needed. 35 Also, the -- it's important to 36 recognize that the parking for the apartments on 37 the second floor would generally not be heavily 38 used during the daytime; the residents there 39 would be using those to go other places. But 40 realizing that there may be some of that overlap 41 between them, I made certain assumptions. 42 And basically, when I look at 43 the practical demand for the offices and for the 44 apartments upstairs, during the daytime when the 45 peak demand would occur, that the average 46 weekday parking demand would be 20 spaces. 47 That's 18 for the offices, two for the 48 apartments. When I compare the 20 spaces that

1 03/24/2021 109 2 would be needed to the 11 spaces provided on the 3 site, I've identified that there would be a 4 shortfall of nine spaces, which would need to be 5 accommodated with on-street parking. Once 6 again, these are conservative assumptions. 7 So another part of my study 8 involved looking at the availability of 9 on-street parking nearby to serve this 10 particular building. And we prepared a detailed 11 study looking at it, primarily focusing on 12 Mineola Avenue. We included the two side 13 streets just to the north and south of this. 14 And over the course of a typical day, we 15 documented the number of vacant spaces. This 16 was originally done last October; we expected 17 the hearing to be sooner than it actually was. 18 But I recently went out and 19 did an update on that as well, and found 20 generally similar conditions. The results of 21 that show that the number of vacant on-street 22 spaces -- once again, primarily on Mineola 23 Avenue -- would be far in excess of what will be 24 needed to accommodate the demand for this. 25 It's also important to 26 recognize that there are other uses of the site 27 that it could have been put to. As Mr. Migatz 28 indicated, in recent times the building was 29 occupied by several ground-floor retail tenants, 30 which were permitted as of right, as a 31 non-conforming use. As I've indicated to this 32 board in the past, one such use, the hair salon 33 or beauty parlor or nail salon, even occupying a 34 portion of the ground-floor space would generate 35 greater parking demand than this entire 36 first-floor office would be. So in actuality, 37 this proposed use would clearly be a less 38 intense use with respect to the parking demand. 39 And once again, that's using conservative 40 assumptions about how it would actually be 41 occupied and used. 42 So in conclusion, based upon 43 the results of my study and analysis and 44 research of this type of use, it is my 45 professional opinion that there will be adequate 46 nearby available on-street parking, which, in 47 conjunction with the onsite parking, will be 48 adequate to accommodate the needs of the

1 03/24/2021 110 2 ground-floor office space and the second-floor 3 apartments. And I'd be happy to answer any 4 questions. 5 CHAIRMAN MAMMINA: Any 6 questions for Mr. Eschbacher? 7 MR. HERNANDEZ: I have some 8 questions of Mr. Migatz but not Mr. Eschbacher. 9 MR. DONATELLI: Yeah, I just 10 want to -- 11 MR. MIGATZ: Mr. Eschbacher, I 12 have a question for you. The building is primed 13 non-conforming as to a loading zone. There is 14 no loading -- 15 MR. ESCHBACHER: Yes. 16 MR. MIGATZ: -- there's no 17 loading area. In your opinion, do you feel that 18 a loading zone is necessary for this office use? 19 MR. ESCHBACHER: No, no. This 20 situation is similar to the other buildings up 21 and down Mineola Avenue. Typically, the -- any 22 deliveries to these would be short-term, such as 23 a FedEx, UPS, and so on. And the delivery truck 24 would have the same situation, whether it's the 25 office use or retail use. Actually, it might be 26 argued, there will be less demand for 27 deliveries, as an office than for retail use. 28 So I do not expect that that would result in any 29 problems at all, all year. 30 MR. MIGATZ: Right. 31 MR. DONATELLI: I would also 32 wanna jump in for a moment. It just seems to me, 33 Mr. Eschbacher, that having a potential office 34 use, even for individuals who might rent a 35 temporary office there, if they have clients 36 coming, typically that might be by appointment, 37 as opposed to general retail where customers 38 might show up at any particular time or they may 39 come during the lunch hour, during the after 40 hours. So it seems to me that it might be a 41 little bit more structured with office space 42 rather than with regular retail where somebody 43 might show up at any time. Is that your 44 understanding? 45 MR. ESCHBACHER: That's 46 absolutely correct. Yes. 47 MR. DONATELLI: Okay. Thank 48 you.

1 03/24/2021 111 2 Proceed, Mr. Migatz. 3 MR. MIGATZ: Okay. Thank you. 4 Going through the other factors this board can 5 consider. Whether the benefits sought can be 6 achieved by some other means other than a 7 variance: Well, the answer to that is no. 8 There's no room for any additional parking. 9 There's no adjacent properties available to put 10 additional parking in. 11 Whether the variance is 12 substantial: Case law tells us that the 13 substantiality of a variance is material, only 14 if it has an adverse impact on the community. 15 Mr. Eschbacher's testimony, I believe, 16 establishes that it will not have an adverse 17 impact and, in fact, it would lessen the impact 18 of what could go in their retail stores as of 19 right. And I would just note that, before the 20 applicants renovated the building, there were 21 six stores; there was a nail salon that was 22 there as one of the tenants. 23 Whether the variance will have 24 an adverse impact on the environment: This is an 25 unlisted action. Once again, I would submit 26 that it's going to improve the condition there 27 because there'd be less demand for parking than 28 otherwise could be as of right. And the 29 difficulty itself created as a matter of law 30 because the applicants purchased the property 31 subject to the code that they seek a variance 32 of. But that's only one factor for this board 33 to consider. 34 We do have consent forms that 35 we've submitted. Let me see if I know my 36 rotation now. I still got it wrong. One more 37 time. All right. 38 CHAIRMAN MAMMINA: Okay. 39 MR. HERNANDEZ: We do have 40 five consent forms that we submitted: 35 Mineola 41 Avenue, which is the adjacent commercial 42 property; 22 Mineola Avenue, which is a 43 commercial property down the street; 92 Warner 44 Avenue, residential property; 24 Garden Street, 45 a residential property; and we've got 37 Warner 46 Avenue, a residential property. 47 That is the applicants' 48 presentation, unless the board has any questions

1 03/24/2021 112 2 or there are any residents that have questions. 3 MR. LEVINE: I have a couple 4 questions. Are the tenants -- the residential 5 tenants guaranteed a parking space in their 6 lease? 7 MR. MIGATZ: I would have to 8 ask either Mr. Toobian or Mr. Davoudi to answer 9 that question. 10 MR. TOOBIAN: Yes, and -- 11 MR. LEVINE: Okay. Okay. 12 We'll, do that one first. 13 MR. TOOBIAN: Yes. Hi. My 14 name is Pouya Toobian, and, no, the tenants are 15 not guaranteed a parking space. 16 MR. LEVINE: Okay. 17 MS. WAGNER: Mr. Toobian, can 18 you just please put your name and your address 19 on record. 20 MR. TOOBIAN: Yes. Pouya 21 Toobian. P-O-U-Y-A. Last name, Toobian, 22 T-O-O-B-I-A-N. 9 Villa Street, Roslyn Heights, 23 New York 11577. 24 MS. WAGNER: Thank you. 25 MR. LEVINE: The other 26 question is, there are different models for 27 these -- oh, how do you call them, how would you 28 call them -- transient offices or pay-as-you go 29 offices, or things like that. Is this model 30 that, whatever -- let's call it a cubicle. If 31 I'm using the wrong terminology, I apologize, 32 but we -- I think everyone knows what I'm 33 talking about. Those are rented to one 34 individual person or are they rented on a daily 35 basis? I've seen some rented on an hourly 36 basis. What's the model for this particular 37 one? 38 MR. MIGATZ: If Mr. Toobian or 39 Mr. Davoudi can answer that? 40 MR. TOOBIAN: Yes. Pouya 41 Toobian again. No, to answer your question, 42 it's rented to an individual person. It's not 43 by hour and it's not by company. It's one 44 person. 45 MR. LEVINE: Okay. And so a 46 month-to-month? A year-to-year? How does it 47 work? 48 MR. TOOBIAN: It would be

1 03/24/2021 113 2 every six months. There would be different 3 packages we would offer: six months -- 4 MR. LEVINE: Okay. 5 MR. TOOBIAN: -- eight months, 6 12 months. But we're not doing it to companies 7 or hourly. 8 MR. LEVINE: No, I gotcha. 9 Obviously, you understand my -- my question is, 10 you know, hourly or daily, your capacity will be 11 higher. I guess -- 12 MR. TOOBIAN: Yes. 13 MR. LEVINE: -- that's the 14 reason I'm asking the question. 15 MR. TOOBIAN: Yes. 16 MR. LEVINE: It's not just 17 'cause I'm trolling for information. 18 MR. TOOBIAN: No. 19 MR. LEVINE: Clearly, if it's 20 going to be rented to the same person, it's less 21 likely to have full occupancy on a regular basis 22 than if it's sort of like a no-tell motel. 23 MR. TOOBIAN: Yes. You're 100 24 percent correct. 25 MR. LEVINE: Was there anyone 26 who wanted to speak about this? Anyone in the 27 chat room? 28 MS. ALGIOS: Yes. We have two 29 individuals with their hands up. 30 CHAIRMAN MAMMINA: Okay. So 31 maybe we can promote them. 32 MS. YEUNG: Hi. How are you? 33 I'm Maggie Yeung, a resident in 49 Garden 34 Street, which -- my property is directly 35 connecting to the parking spot -- parking lot, 36 through the business building. 37 Right now as I can see, that 38 our street front has been always packed. I 39 could take a picture now and show -- I don't 40 know how we could have fit another -- so many 41 cars that we have mentioned; 11 parking spot or 42 -- and my concern is we have small children that 43 goes to school, doing the -- you know, the 44 drop-off and sometime play in -- on the street, 45 and riding bikes. With that many cars coming in 46 and out, not the scheduled or any -- I'm just 47 concerned about their safety. And my neighbor 48 has two little girls going to school as well,

1 03/24/2021 114 2 and sometime they are home. And that's what -- 3 my main concern. 4 MR. LEVINE: Ma'am, see, just 5 so I make it clear: Something is gonna go in 6 this space. 7 MS. YEUNG: Yeah. 8 MR. LEVINE: Right. So even 9 if we deny this, it's not like the business is 10 gonna remain empty. Some business is gonna go 11 there. 12 MS. YEUNG: I understand. 13 MR. LEVINE: And, you know, so 14 it's -- the question is what's the best -- and 15 I'm not saying that we agree or disagree, but we 16 have to figure out what the best fit for this 17 particular area is. The terrible design of 18 Mineola Boulevard -- and I -- 19 MS. YEUNG: Yeah. 20 MR. LEVINE: -- said this for 21 a long time -- is that it's commercial on 22 Mineola Boulevard and, as soon as you get one 23 lot in, on either side it becomes residential -- 24 MS. YEUNG: Uh-huh. 25 MR. LEVINE: -- with almost no 26 buffer. Unfortunately, that's the way it is and 27 that's the way it's always gonna be. 28 MS. YEUNG: Uh-huh. 29 MR. LEVINE: So it makes it 30 very difficult because -- it's just -- you're 31 always going to have that overflow of some cars 32 parking on the side streets, unless the town -- 33 MS. YEUNG: Yeah, it is. 34 MR. LEVINE: -- puts some 35 regulations in. 36 MS. YEUNG: It -- it is. So 37 you know, sometimes we do have a little break on 38 the street, but with -- like, I'm concerning, I 39 mean, about that many office space renting. We 40 will have more parking issues. 41 MR. LEVINE: Okay. Wait. 42 Have you been -- were you there when it was 43 fully occupied previously? 44 MS. YEUNG: They was never 45 fully occupying when I move in -- when I move in 46 here. 47 MR. LEVINE: Okay. 48 MS. YEUNG: I bought the house

1 03/24/2021 115 2 in 2011. 3 MR. LEVINE: Okay. 4 MS. YEUNG: Okay. There was 5 only two tenants upstairs, and there was -- when 6 I move in, there was a nail salon, I believe, or 7 -- nail salon, yeah, and then a pharmacy. Then 8 the pharmacy move out and the nail salon closed 9 down. And ever -- and then there is some kind 10 of store, I don't remember, for couple years, 11 and then it was vacant ever since. 12 MR. LEVINE: Right. 13 MS. YEUNG: So yeah, that's -- 14 MR. LEVINE: You have a bit of 15 a problem. You know, the problem is I'm not 16 sure I -- how we can solve your problem. No -- 17 you know, no matter what goes in here, if it's 18 fully occupied, -- 19 MS. YEUNG: Uh-huh. 20 MR. HERNANDEZ: There's gonna 21 be traffic. 22 MR. LEVINE: -- parking's 23 gonna be an issue on your block -- 24 MS. YEUNG: I know. That's 25 the thing -- 26 MR. LEVINE: -- okay? 27 MS. YEUNG: You know. It's 28 going to be -- 29 MR. LEVINE: It's just a fact 30 of life. 31 MS. YEUNG: It's going to be 32 -- yeah. So that's my concern. I'm, like, this 33 is, like, a very packed street. Like, even now 34 I can see that, through my window, we have about 35 ten, 15 cars right in front our -- there's, like 36 -- from the store -- from the nail salon, people 37 come in and out. That's the main part -- main 38 issue that I'm -- you know, and people making 39 U-turn on this -- 40 MR. LEVINE: Oh, it's 41 terrible. 42 MS. YEUNG: -- front house. 43 MR. LEVINE: It's -- 44 MS. YEUNG: Yeah. 45 MR. LEVINE: Mineola Boulevard 46 -- there's a fatality a year, if not more -- 47 MS. YEUNG: Uh-huh. 48 MR. LEVINE: -- from people

1 03/24/2021 116 2 speeding down the block. The thing is that, you 3 know, part of what we have to do is -- you have 4 certain businesses that get a lot of foot 5 traffic: nail salons, grocery stores, barber 6 shops; you can probably think of a whole bunch 7 also; delicatessens. And those are the ones 8 where people are gonna be traveling in and out 9 more. And then you have businesses that may not 10 have as much traffic all the time. 11 MS. YEUNG: Uh-huh. 12 MR. LEVINE: I mean, I -- you 13 know -- I'm trying -- you know, the -- no matter 14 what we do, no matter what goes in there, 15 there's always gonna be traffic on Mineola 16 Boulevard and the side streets. 17 MS. YEUNG: Yeah. 18 MR. LEVINE: I hate to say it. 19 I mean, no matter what we do, there's always 20 gonna be traffic there. 21 MS. YEUNG: Yeah. That's why 22 I am participating in what he says this morning 23 to now, see what kind of verdict it is that -- 24 what is changing in our community. You know, 25 that's why I'm here. 26 MR. LEVINE: Okay. So what 27 I'm saying is let's say we deny this and they 28 have to keep -- they have -- they keep six 29 storefronts there, or whatever number they 30 happen to do it for, and they all get rented out 31 and they all rent it out to businesses that are 32 more active. 33 MS. YEUNG: Uh-huh. 34 MR. LEVINE: You may very well 35 have a worse situation -- 36 MS. YEUNG: Uh-huh. 37 MR. LEVINE: -- and there's 38 nothing we could do to stop it. 39 MS. YEUNG: I know. I 40 understand. And I -- 41 MR. ESCHBACHER: If I could 42 also just point out for a second that, with the 43 office use, it's generally going to be five days 44 a week, whereas -- 45 MS. YEUNG: Uh-huh. 46 MR. ESCHBACHER: -- any other 47 type of commercial use would be six or possibly 48 seven

1 03/24/2021 117 2 MS. YEUNG: Uh-huh. 3 MR. ESCHBACHER: -- days a 4 week, and -- 5 MS. YEUNG: Okay. 6 MR. ESCHBACHER: -- possibly 7 longer hours each day. 8 MS. YEUNG: Uh-huh. Yeah, 9 that's something that, you know, we do have a 10 sense -- we purchased the house and we have to 11 live with that changing. So I do put the -- in 12 consideration, definitely, and I'm -- I feel so 13 bad for the owners that purchased this 14 locations, that not be able to rent it out on 15 time. And, you know, with all this outbreak and 16 it's more and more difficult. But I still think 17 that 20 offices -- it's kind of a lot. Even 18 though -- if you have a -- rent out and people 19 coming in, it's still causing a lot more traffic 20 than what it can fit. 21 MS. ALGIOS: Mrs. Yeung, your 22 time is up. 23 MS. YEUNG: Uh-huh. Thank 24 you. 25 MS. ALGIOS: So we're -- you 26 know, we -- 27 MR. LEVINE: Thank you, ma'am. 28 MS. ALGIOS: -- speakers -- 29 MR. LEVINE: You're in a very 30 difficult position. 31 MS. ALGIOS: Yes. 32 MS. YEUNG: Yes, I am. 33 MR. LEVINE: It's -- we're not 34 making light of it. It's a very difficult 35 position to be that close to the -- the 36 commercial area. 37 MS. YEUNG: Yes. Thank you. 38 MS. ALGIOS: Thank you very 39 much. 40 CHAIRMAN MAMMINA: Do we have 41 anyone else, Deborah? 42 MS. ALGIOS: Yes. 43 So the person identified as 44 S-H-I-M-I-N [sic], you're free to speak. And 45 just please provide your name and address for 46 the record. 47 MS. SHAN: Okay. Good 48 afternoon. This is Margaret. My name is Shi

1 03/24/2021 118 2 Shan. I'm the owner of the 52 Garden Street, 3 Roslyn Heights, New York 11577. I have been 4 here for more than 20 years. Unfortunately, the 5 street becomes busy and busy. And I see the 6 whole section of the building -- of the offices 7 building they built, and it took a lot of time 8 and they took a lot -- spent a lot of money; I 9 understand that. But I hope they can just have 10 11 -- if they have 11 parking lot [sic], I hope 11 they don't have more offices. 12 Just now, Robert says some peo 13 -- some office, they won't work for five days; 14 maybe Wednesdays, Saturday; they take turns. 15 But who can make sure that's really happen? The 16 business will grow and they -- not only the 17 officer [sic] but also the visitors. And also, 18 unfortunately for this lease area, every morning 19 they have more than ten strangers; I think they 20 are waiting for -- to find a job or whatever. 21 So I think the street is busy 22 and I don't feel safety at this time. So I just 23 give your -- our opinion. But I know we cannot 24 control -- we can control nothing, but, however, 25 I just want to say that. And sometimes the car 26 just block my driveway and I cannot go out. So 27 it's really a pity. 28 And right now the street is 29 busy enough. We have the -- the nail salon, the 30 Chinese acupuncture and the Japanese 31 supermarket. So right now the parking is busy 32 enough. So I just give you my opinion and to 33 let you think about that. 34 And also just now I heard that 35 somebody say that the tenants upstairs for -- 36 they don't work, they work outside, they only 37 come back at evening. But that's not true. 38 Every day we can see from my house, to see the 39 outside parking lot, always at least the five or 40 six cars are parking there. But I'm sure 41 there's no other people's parking except the 42 tenants'. 43 So I hope you can think about 44 that. Thank you. 45 CHAIRMAN MAMMINA: Ms. Shao 46 [sic], thank you. 47 MR. HERNANDEZ: Thank you. 48 CHAIRMAN MAMMINA: Do we have

1 03/24/2021 119 2 anyone else, Deborah? 3 MS. ALGIOS: No, we have no 4 one else. 5 CHAIRMAN MAMMINA: Okay. Mr. 6 Migatz. 7 MR. MIGATZ: Thank you, 8 Chairman Mammina. Just in conclusion: As Mr. 9 Levine said, you know, this is a difficult area, 10 and the existing, you know, traffic and parking 11 on that block is not from the applicant's 12 business. So that's an existing condition; 13 they're not causing it. As Mr. Eschbacher said, 14 if retail stores go in there, another nail salon 15 -- that evidently is one nearby, causing 16 problems already -- you have much greater 17 traffic than what was proposed. 18 So it's a bad situation for 19 the neighbors, we understand that, but we're 20 trying to make it better, not worse. You know, 21 the building's not going to remain empty, and 22 this is a better use for that building, with 23 less impacts, as Mr. Eschbacher testified, for 24 the neighborhood. So we respectfully request 25 that the application be granted. 26 CHAIRMAN MAMMINA: What we're 27 going to do is we're going to reserve the 28 application; may or may not be decided today. 29 It is a difficult problem that we have in many 30 parts of the town, and, you know, we certainly 31 want to give this careful consideration. So 32 thank you-all for good presentation. And as I 33 said, may be decided today -- 34 MR. LEVINE: Before we break 35 -- I'm sorry. 36 CHAIRMAN MAMMINA: -- maybe 37 next hearing. 38 MR. LEVINE: Before we break 39 -- I'm sorry -- there was another thing about 40 loading zones. And I'm not sure why an office 41 would need a loading zone, but I would note 42 that, given what -- you know, the deliveries I 43 get on a regular basis from UPS, FedEx, Amazon, 44 and everyone else in between -- no one cares 45 about loading zones anymore anyway. UPS is 46 certainly not -- if UPS truck wants to park, 47 he's going to park where he wants to park. So 48 it's a -- to me anyway, that part of it -- I

1 03/24/2021 120 2 understand that the law requires it, but, given 3 the way offices run, I have no idea why you'd 4 need one. 5 And, you know, if there comes 6 a point where you have to -- you know when you 7 started up, bringing, you know -- if we were to 8 grant to bring in, you know, all the office 9 equipment, that's -- they clear out the parking 10 lot, you do it that way. But I'm not sure I 11 understand the necessity for a loading zone in 12 an office building. That's my first -- that's 13 my two cents. 14 CHAIRMAN MAMMINA: Think, as 15 the world -- 16 MR. LEVINE: Another -- 17 CHAIRMAN MAMMINA: -- changes, 18 you know, that becomes more and more the -- the 19 point: that -- a supermarket needs loading 20 zones; you know, your average business. You 21 said the truck pulls up and the guy runs out and 22 drops it and goes, so -- okay. Thank you-all. 23 MS. WAGNER: Mr. Migatz, I 24 just had a quick question, and you may have 25 covered this and I may have missed it. But are 26 the tenants going to have set leases or can 27 people just rent that on a daily basis? 28 MR. MIGATZ: No. Mr. Toobian 29 responded to that question. I think Mr. Levine 30 asked that. It's not going to be on a daily or 31 hourly basis. There's going to be set leases. 32 The -- Mr. Toobian said that the business model 33 is for, like, a six-month lease; could be longer 34 -- 35 MR. TOOBIAN: Something -- 36 MR. MIGATZ: -- could be 37 shorter. You know, that's an evolving 38 situation. But it's not going to be on a daily 39 basis. 40 MS. WAGNER: Okay. Thank you. 41 CHAIRMAN MAMMINA: Okay. 42 Thanks. Again, we'll reserve decision on the 43 applications. 44 MR. MIGATZ: Thank you. 45 CHAIRMAN MAMMINA: Thank you. 46 MR. TOOBIAN: Thank you. 47 CHAIRMAN MAMMINA: I guess 48 Virginia will call the next case. I think we

1 03/24/2021 121 2 have Mr. Migatz on that one -- 3 MS. WAGNER: Mr. Migatz, turn 4 around in your chair once and we'll call the 5 next one. 6 CHAIRMAN MAMMINA: Spin. 7 MR. LEVINE: One sec. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48

1 03/24/2021 122 2 MS. WAGNER: Appeal No. 3 20974, 1998 Holding Corporation, 1998 Hillside 4 Avenue, New Hyde Park, Section 8, Block 211-14, 5 Lot 606 in the Business B zoning district; 6 appeal for determination or, in the alternative, 7 variance from 70-203.G, to allow a building 8 addition in an area required for a landscaped 9 buffer, and variances from 70-103.A, 70-103.F, 10 70-146.A, 70-229.A, and 70-147, for less 11 off-street parking than required, no loading 12 zones, not in compliance with prior BZA appeals, 13 and fencing taller than allowed, associated with 14 the construction of a proposed one-story rear 15 addition to a building. 16 CHAIRMAN MAMMINA: You've 17 heard appeal No. 20974, 1998 Holding Corp., is 18 there anyone in the queue who has their hand up 19 at this point, Deborah? 20 MS. ALGIOS: Not at this 21 point, no. 22 CHAIRMAN MAMMINA: So seeing 23 no one, so, Mr. Migatz, you are up. Name and 24 address, please. 25 MR. MIGATZ: Bruce W. Migatz 26 with the law firm, Albanese & Albanese, 1050 27 Franklin Avenue, Garden City, New York. Robert 28 Eschbacher is also an expert witness on this 29 case. I see he is promoted. I'm not sure if 30 the project architect, Lou Gileno, is still 31 there. 32 MS. ALGIOS: He is. Would you 33 like for me to promote him? 34 MR. MIGATZ: Yes, please. And 35 the principal of the applicant, Frank Nicola, do 36 you -- is he still there? 37 MS. ALGIOS: Yes. 38 MR. MIGATZ: Could you please 39 promote him? 40 MS. ALGIOS: Okay. They've 41 both been promoted. 42 MR. MIGATZ: All right. Thank 43 you. 44 Hopefully the application is 45 not as bad as it sounds when you read that legal 46 notice. The applicant is only trying to 47 construct a 794-square-foot addition to an 48 existing building, but --

1 03/24/2021 123 2 CHAIRMAN MAMMINA: Only. 3 MR. MIGATZ: -- it -- of 4 course, the building is non-conforming in some 5 respects and has a prior variance. It does 6 trigger various relief. 7 Let me share my screen. Oop, 8 I had it. Okay. All right, the -- Exhibit 1 is 9 a photograph of the existing building at 1998 10 Hillside Avenue. It's a prior non-conforming 11 commercial building. Since 1986, it has been 12 occupied by Preferred Exterior Corporation, 13 which is a roofing and siding contractor. It's 14 a family-owned business; Frank Nicola's father 15 started it 50 years ago. Now Frank and his 16 brother Matt continue to run the business. The 17 two of them are also the principals of the owner 18 of the property. It is owner-occupied. 19 The present -- Exhibit 2 -- 20 here we go again -- is the subject of a prior 21 variance back in 1956 -- I'm sorry, '57, which 22 triggers most of the relief -- well, not most, 23 but a good could portion of the relief that has 24 been requested. That was a decision that 25 granted a conditional-use permit for office and 26 storage for a mason contractor, for the 27 equipment in -- in their office. 28 In 1957 -- I checked the old 29 code, and the business for the storage and sale 30 of ice, wood, coal, coke, fuel oil, or building 31 material was a conditional use in a Business B 32 zone. It's no longer permitted, so that is a -- 33 it was a prior -- now's a prior non-confor -- 34 well, withdrawn. It's not prior non-conforming, 35 because it does have the conditional-use permit. 36 So it is a permitted use, but it would not be 37 permitted today. 38 A C of O was granted. I'll 39 come back to that decision of conditions in a 40 moment; I'm not going to bother flipping that. 41 The C of O for offices and storage, that was 42 granted in 1957. The 1956 condition had various 43 conditions, one of which was that all materials 44 and equipment shall be stored within the 45 building. 46 As the board might have 47 observed on its inspection of the building, 48 there's materials and equipment stored outside

1 03/24/2021 124 2 the building, and that is the reason for the 3 applicant's proposal to construct a rear 4 addition to the building, for the storage of the 5 materials and equipment that're now in the 6 parking lot. There is a metal shed in the back 7 of the building, but that is not adequate to -- 8 to store these materials. 9 The addition of the storage 10 area triggers a parking variance. The building 11 presently has no parking -- no required parking, 12 'cause it was not required in 1957. If you 13 apply today's standards for parking to what is 14 presently there, you would need six off-street 15 parking spaces. None are required, so there's a 16 six-space non-conformity. 17 The addition of this 18 794-square-foot storage area requires one space, 19 so you are increasing the non-conformity by only 20 one parking space. And in a practical matter, 21 we are actually reducing the non-conformity, 22 because right now you need not provide any 23 parking, and we are proposing, on the site plan, 24 five parking spaces. So we're actually 25 decreasing the non-conformity. 26 Nonetheless, a parking 27 variance is technically required, and I'd like 28 to have Mr. Eschbacher, who has submitted a 29 traffic -- a parking analysis to the board, to 30 summarize his study: whether or not the granting 31 of this variance would have an adverse impact on 32 the surrounding properties. 33 Mr. Eschbacher? 34 MR. ESCHBACHER: Good 35 afternoon again, Mr. Chairman and members of the 36 board. Robert Eschbacher, VHB Engineering, 100 37 Motor Parkway in Hauppauge. Once again, I was 38 retained in connection with this application, to 39 evaluate the adequacy of parking. 40 As Mr. Migatz indicated, based 41 on today's standards, the proposed site would 42 require seven parking spaces. And the site plan 43 before you shows five spaces, so therefore 44 there's a deficiency, in that respect, of two 45 spaces. 46 In order to evaluate how 47 things would work in the local area, I conducted 48 a parking study; in this case, it was limited to

1 03/24/2021 125 2 the south side of Hillside Avenue, going from 3 the site, and then heading west to Manor Court 4 Drive. There is unrestricted, unregulated 5 parking along that area. 6 And over the course of a 7 typical day, we counted the number of vacant 8 parking spaces, and the result -- and we did 9 that from 9:00 in the morning until 5:00 in the 10 afternoon, the typical business hours for this 11 company, and we always saw that there was a 12 minimum of 16 vacant spaces throughout the 13 course of the day. Based upon 14 the results of that and my discussions of the 15 operation, it is my professional opinion that 16 there will be adequate parking by the existing 17 -- the proposed onsite spaces, as well as the 18 on-street spaces along the south side of 19 Hillside Avenue, without causing problems for 20 any other businesses. And I recommend that the 21 application be approved. I'd be happy to answer 22 any questions you may have. 23 CHAIRMAN MAMMINA: Questions 24 for Mr. Eschbacher? 25 MR. LEVINE: No. 26 CHAIRMAN MAMMINA: Seeing 27 none, thank you, Mr. Eschbacher. 28 MR. MIGATZ: Thank you. The 29 benefit that the applicant seeks cannot be 30 achieved by some other means that is feasible, 31 other than the variance. There is no available 32 parking elsewhere. The variance, even on paper, 33 I submit to you, is not substantial. Applying 34 today's standards that the Building Department 35 applied, not taking into account that it's -- 36 has prior non-conforming parking conditions, 37 you're only two spaces short. 38 But as I testified -- or, I 39 should say, as I explained, we're really only 40 increasing that non-conformity by just one 41 parking space. And case law tells us that the 42 substantiality of a variance is really only 43 relevant if the variance has an adverse impact 44 on surrounding community, and Mr. Eschbacher's 45 expert opinion is that it will not. 46 As far as environmental or 47 physical impacts, we're only building -- 48 actually, I said 794. I looked at my note; it's

1 03/24/2021 126 2 764 square feet. It's a very minor addition. 3 We're not really changing existing conditions. 4 In fact, we're improving existing conditions 5 environmentally by getting the equipment and 6 materials inside the building. 7 Technically, it is still 8 creating hardship, because the applicant 9 purchased the property subject to the code that 10 they seek a variance of. But that is only one 11 factor to be considered. So I would submit that 12 -- weighing the benefits against the potential 13 impacts of the parking variance, that the 14 benefit far outweighs any potential detriment to 15 the community. 16 Let me address some of the 17 other required variances; one is for setback. 18 The -- let me rotate this. I got to put a 19 little sticky on my computer to tell me which 20 way to rotate it. 21 CHAIRMAN MAMMINA: What you 22 have to do is what I do: Call in one of the 23 youngsters from the office: -- 24 MR. MIGATZ: Right. 25 CHAIRMAN MAMMINA: -- Here's 26 what I'm trying to do. 27 MR. MIGATZ: Because my 28 5-year-old needs to come in and -- 29 CHAIRMAN MAMMINA: There you 30 go. 31 MR. MIGATZ: -- do this for 32 me. 33 The rear-yard setback required 34 in Business B is 15 feet, proposed as five feet, 35 one inch. But Exhibit 4 is a photograph from 36 Google Earth, which I can blow up. My cursor is 37 on the applicant's property. And to the rear -- 38 the rear property is actually owned by a town -- 39 North Hempstead, and leased to Spring Rock Golf 40 Center. Whoops. And the golf center's more on 41 the east of the property. 42 And to the west of the town's 43 property sits a wooded area, and it's been that 44 way ever since the -- Spring Rock went in there, 45 which was a long time ago. So there's no homes 46 back there. There's no business back there. 47 And I would submit that a setback variance is 48 not going to have an adverse impact on that

1 03/24/2021 127 2 adjacent property. 3 The applicant seeks a 4 determination that a landscape-buffer variance 5 is not required that the Building Department 6 cited. Since it was granted in appeal -- 1957 7 appeal -- 1563, a condition -- they did grant a 8 landscape variance. A condition was that the 9 entire property be paved that is not devoted to 10 the building. 11 The disapproval notice says 12 that the existing property has a lawful paved 13 area at location of the required buffer. 14 However, the addition at this location is 15 increasing the degree of non-compliance with 16 this code. I don't understand that rationale. 17 Either you have a buffer zone or you don't have 18 a buffer zone. 19 I don't think we need another 20 variance that runs with the land but, in the 21 event the board feels we have -- we need a 22 variance -- and we did request, in the 23 alternative, another variance be granted again 24 for a no-buffer zone. And for the same reason a 25 rear-yard setback is not gonna have an adverse 26 impact on the adjacent property, not having a 27 buffer zone is not gonna have an adverse impact; 28 it's just a wooded area back there. 29 The other relief is also 30 triggered by the 1957 variance. The applicant 31 is seeking a variance pursuant to 70-229.A or an 32 amendment to the prior appeal, to propose 33 addition in the required paved area. The 34 Building Department again cited that the rear 35 addition is in the required paved area. So I 36 would agree with them technically: We either 37 have to amend that 1957 appeal or vary that 38 pursuant to Section 70-229.A, to allow the paved 39 area to be replaced in part with a 40 760-square-foot addition. 41 The applicant seeks a 42 variance, once again, pursuant to 70-229.A or an 43 amendment to the prior appeal, to permit a 44 six-foot-high fence in lieu of a masonry wall on 45 the west property line. One of the conditions 46 of the 1957 variance was that a decorative 47 concrete wall be built on that west property 48 line. Maybe the board said that because the

1 03/24/2021 128 2 applicant was a mason contractor and he could 3 put a wall up instead of a fence. That is not 4 something that this board, in recent memory, has 5 required. They usually require a fence, not a 6 -- not a wall. Frank Nicola never recalls that 7 wall ever being there when he -- when his was 8 father purchased the property in 1986. He 9 doesn't recall a wall -- a concrete wall being 10 there. 11 So the site plan does show a 12 six-foot-high -- it's an existing six-foot-high 13 chain-link fence; it has wood straps in it. And 14 we actually are providing, as shown on the site 15 plan, a six-foot landscape zone between the 16 parking spaces and that fence, which essentially 17 dresses up the property and makes it -- makes it 18 look nicer. 19 The last relief is a variance 20 of 70-147, to permit the maintenance of an 21 eight-foot-high fence that's on the rear of the 22 property line. The Code allows a six-foot 23 fence. This eight-foot fence has been there as 24 long as Frank Nicola can remember. He tells me 25 that he likes to keep an eight-foot fence there 26 for security. He tells me that there are some 27 -- some youths who -- as Vinny would say, who 28 play in that area there, and he wants to keep 29 those youths out of his property. So he is 30 seeking a two-foot-high variance to maintain -- 31 MR. HERNANDEZ: Mean yudes 32 (phonetic)? 33 MR. MIGATZ: -- maintain that. 34 MR. LEVINE: Youths. 35 MR. HERNANDEZ: You mean 36 yudes, Mr. Migatz? 37 MR. MIGATZ: Excuse me? 38 MR. HERNANDEZ: You mean 39 yudes? 40 MR. MIGATZ: Youths. 41 CHAIRMAN MAMMINA: He's fast. 42 Look at that. Look at his background. He's 43 fast. 44 MR. MIGATZ: Oh. Just saw 45 that. Very good. Very good. 46 All right. So actually Ms. 47 Wagner sent me an e-mail to tell me how to 48 rotate this, but I don't have time to read that

1 03/24/2021 129 2 e-mail. 3 CHAIRMAN MAMMINA: You want to 4 go clockwise. 5 MR. MIGATZ: Very good. All 6 right. 7 We do have consent forms. 8 Exhibit 5 are consent forms that were returned 9 when we did the first mailing. The first 10 mailing did not include that eight-foot-high 11 fence in the rear of that sort of variance; it 12 included everything for the addition. So we do 13 have no consents that did not include the rear 14 fence. 15 And Exhibit 6 -- we have four 16 consents that included the notice that had the 17 fence being taller than permitted in the rear, 18 and they're actually from residents in the area: 19 112 Maple Drive, which is southeast to the 20 property; 30 Hillside Avenue, across the street; 21 18 Hillside Avenue, across the street; 27 22 Primrose Drive, across the street. So they have 23 been submitted in evidence. 24 That is the applicant's 25 presentation, unless the board has questions or 26 there are residents that have questions. 27 CHAIRMAN MAMMINA: We have any 28 residents in the queue? 29 MS. ALGIOS: No one has their 30 hand up. 31 CHAIRMAN MAMMINA: No one has 32 their hand up. What's everybody's feeling about 33 this? 34 MR. DONATELLI: And I think 35 I'm prepared to move on the application. I 36 don't know about the others. 37 MR. HERNANDEZ: We -- 38 Talking about the eight-foot 39 fence in the back, only because I think it's 40 important, because there is a neighbor directly 41 west of this house. However, that neighbor's 42 back yard does not align with the rear yard of 43 the -- of this property. This property sort of 44 goes further back than that neighbor's house. 45 So that neighbor should not be seeing an 46 eight-foot fence diagonally across from him, and 47 it's sort of, you know, buried into the property 48 itself. I don't think I normally would like to

1 03/24/2021 130 2 see an eight-foot wall -- or an eight-foot fence 3 in someone's back yard. So I don't think that 4 neighbor will be impacted dramatically by it. 5 CHAIRMAN MAMMINA: You do or 6 you don't? 7 MR. HERNANDEZ: I don't see 8 it. I -- yeah, I don't see that it will be a 9 problem. Again, normally, I would not like to 10 see an eight-foot fence. If you had an -- sort 11 of a straight-across back yard -- 12 CHAIRMAN MAMMINA: Right. 13 MR. HERNANDEZ: -- separating 14 houses facing two different streets, I wouldn't 15 want to see an eight-foot fence, even if it was 16 not directly behind a house but next to it, 17 because you -- it would be glaring you in the 18 face to have that eight-foot fence there. 19 CHAIRMAN MAMMINA: Yeah, I -- 20 I agree with you. And we -- we've also granted 21 the eight-foot fences kind of -- I don't want to 22 say around the corner. It was certainly -- you 23 know, parts of Denton Avenue, you know, where 24 there were not houses directly in back. And I 25 think this kind of fits in the same category -- 26 MR. HERNANDEZ: Yeah. 27 CHAIRMAN MAMMINA: -- you 28 know, as -- you know, as that. 29 MR. DONATELLI: And I would 30 also add that I think that the potential for 31 some mischief down there by some yudes might 32 very well warrant a taller fence. 33 So having said that, Mr. 34 Chairman, I'm very much concerned, generally 35 speaking, about the landscape buffer. But in 36 this instance, there is no residence right 37 behind it; there's really -- that doesn't seem 38 to be an issue. It seems very unlikely that any 39 residences will be placed there. So I make a 40 motion that we grant the application. 41 CHAIRMAN MAMMINA: Okay. We 42 have a motion. 43 Did you say something, 44 Virginia? 45 MS. WAGNER: Mr. Donatelli, 46 and does that include the appeal? So what is 47 your opinion on the appeal for determination 48 regarding --

1 03/24/2021 131 2 MR. DONATELLI: So I -- I -- 3 MR. HERNANDEZ: Grant the 4 variance. 5 MR. DONATELLI: -- I do 6 believe that a variance is required, because it 7 is really the expansion of a non-conforming -- 8 non- -- prior decision. But I think that by 9 granting the instant variance, that we're really 10 solving that problem. So I would vote against 11 determination in favor of the variance. 12 MS. WAGNER: Okay. 13 CHAIRMAN MAMMINA: Okay. So 14 we have a motion. Do we have a second? 15 MR. HERNANDEZ: Second. 16 CHAIRMAN MAMMINA: Seconded by 17 Mr. Hernandez. Please poll the board. 18 MS. WAGNER: Member Donatelli? 19 MS. DONATELLI: Aye. 20 MS. MIGATZ: Member Hernandez? 21 MR. HERNANDEZ: Aye. 22 MS. MIGATZ: Member Levine? 23 MR. LEVINE: (No response.) 24 MR. HERNANDEZ: Ginny? Where 25 are you? 26 MS. WAGNER: Where is he? 27 MR. HERNANDEZ: On the phone. 28 Oh, you're muted. 29 CHAIRMAN MAMMINA: Ginny, just 30 say, Aye. 31 MR. HERNANDEZ: Nod your head. 32 CHAIRMAN MAMMINA: Okay. 33 Because -- 34 MR. LEVINE: I'm sorry. I got 35 to make a phone call; very important. 36 MS. WAGNER: Okay. 37 CHAIRMAN MAMMINA: There you 38 go. It's all right. 39 MR. MIGATZ: But, before you 40 go, want to thank you for your service. It was 41 a pleasure appearing before you. 42 MS. WAGNER: I think he 43 disappeared, but -- 44 MR. LEVINE: No, I'm still -- 45 Mr. Migatz, I appreciate that. 46 MS. WAGNER: Oh, there he is. 47 MR. LEVINE: The pleasure was 48 all mine, quite frankly. I learn so much from

1 03/24/2021 132 2 many of the great practitioners, yourself 3 included. 4 MR. MIGATZ: I thank you. And 5 you were -- you, as well, was very inspiring and 6 educational, and you had a lot of knowledge, and 7 you always looked at the properties, and you 8 always saw both sides of the problem, and I 9 appreciate that. And I hope you do the same on 10 the bench when I see you in court. 11 MR. LEVINE: Come visit me in 12 court. 13 I got to call my wife; it's 14 very important. 15 CHAIRMAN MAMMINA: Okay. So 16 we have an aye from Mr. Levine. 17 MS. WAGNER: All right. Vice 18 Chairman Francis? 19 MR. FRANCIS: Aye. 20 MS. WAGNER: And Chairman 21 Mammina? 22 CHAIRMAN MAMMINA: Aye. The 23 application's granted. 24 MR. MIGATZ: Thank you very 25 much. Enjoy the rest of your hearing. 26 CHAIRMAN MAMMINA: Thank you. 27 MR. HERNANDEZ: Thank you. 28 MR. MIGATZ: Thank you. 29 MALE_4: Yes. 30 MS. WAGNER: Thank you. 31 (Off the record.) 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48

1 03/24/2021 133 2 MS. WAGNER: Okay. The next 3 appeal is appeal No. 21017, US Buildings, LLC, 4 2003 Jericho Turnpike, New Hyde Park, Section 8, 5 Block 254, Lot 44, in the Business A Zoning 6 District; variances from 70-103.A, 70-103.B, 7 70-103.F, and 70-103.G, to legalize an office 8 building with not enough parking, parking spaces 9 that are too small, not enough loading spaces, 10 and drive aisles that are too small. 11 CHAIRMAN MAMMINA: We heard 12 appeal No. 21017, US Buildings, LLC. Is there 13 anyone, other than the applicant, interested in 14 the application? And if so, just raise your 15 hand in the chat; you'll be called upon at the 16 appropriate time. 17 MR. HAKIMIAN: Looks like we 18 have one person who'd like to speak. 19 MS. WAGNER: Two people. 20 MR. HAKIMIAN: Two. Yeah. 21 MS. WAGNER: Yeah, yeah. 22 MR. HAKIMIAN: Yeah, we have 23 two. 24 CHAIRMAN MAMMINA: All right. 25 MS. WAGNER: And I think there 26 may be one more that was signed up, but I don't 27 see them on. 28 CHAIRMAN MAMMINA: Okay. Good 29 afternoon, Mr. Farrell. 30 MR. FARRELL: Good evening, 31 Chairman -- good evening. I -- I'm getting 32 ahead of myself. When we started this journey 33 many hours ago, talking about copper pots, I 34 thought I would be done by lunch. 35 So good evening, member -- 36 good afternoon, members of the board. For the 37 applicant, M&J Engineering, John Farrell with 38 the firm, Sahn Ward. Our offices are at 333 39 Earle Ovington Boulevard, Suite 601, Uniondale, 40 New York. With me today is Robert Eschbacher 41 from VHB Engineering; he is my traffic expert 42 for this application. 43 This property is located on 44 the northeast corner of Jericho Turnpike and 45 Leonard Boulevard in New Hyde Park. The lot is 46 about 25,000 square feet in lot area. It's 47 zoned Business A, and it's presently improved 48 with a two-story office building with about

1 03/24/2021 134 2 12,438 square feet of floor area. 3 I want to note at the outset 4 that we're not really making any substantial 5 changes to the building and we're not making any 6 changes to the existing operation at the 7 building. It's going to continue operating the 8 way it's been operating for the past several 9 years. The only change to the building is we 10 are proposing the addition of an elevator shaft 11 on the west side of the building. 12 The prior owner was supposed 13 to complete a lot of this work; they failed in 14 that regard post-closing, and we had to step in 15 and take over. So that's why it's taken a while 16 to get here. But we are ready and willing and 17 able to start construction as soon as permits 18 are issued. 19 Today we're seeking variances 20 strictly related to the parking at the subject 21 property. As noted in the notice of 22 disapproval, there was an original approval, No. 23 16790, on this site, to reduce the parking from 24 55 spaces required to 43 spaces provided. That 25 was a temporary grant for a period of five 26 years. That was subsequently extended by 27 application 18191 for a period of five years. 28 In 2014, there was another 29 extension application, but this time there was a 30 modification to the plans, which showed not 43 31 spaces but 39 spaces. I'll get into it a little 32 bit later about what happened with those four 33 parking spaces. And 55 was still the required 34 number. 35 So right now the -- we have an 36 increase to 58 spaces that we're gonna be 37 required to get at this site. The increase of 38 three spaces comes from some renovations and 39 additional offices they're putting in the lower 40 level of the building. It's a sub-grade level, 41 but it's sufficient space for habitable space, 42 so they can put offices there legally. 43 So in terms of the loss of the 44 parking spaces, I can -- you can see that, along 45 Jericho Turnpike, two spaces were lost as the 46 result of the addition of the elevator, and 47 another space was lost as -- for -- because of 48 the addition of the two handicap spaces. We

1 03/24/2021 135 2 lost the space because of the ramp area in the 3 middle of those two parking spaces. So that 4 accounts for two spaces. 5 On the north side of the 6 property, on the original plan -- and actually, 7 if you look at the aerial photos -- the historic 8 aerial photos, it showed 19 spaces along the 9 north property line. Our plan shows 17; I think 10 that's because the plans were reconfigured. The 11 striping was reconfigured to make the -- to make 12 them more conforming, and that resulted in the 13 loss of two spaces along the rear. So we have 14 two spaces that we lost along Jericho, and then 15 two spaces in the rear. That accounts for the 16 four spaces that we lost. 17 We're going to -- we're here 18 to, you know, get these variances and move 19 forward with our application process. And at 20 this point, since all of this is really related 21 to the parking, I think it's appropriate to 22 bring Mr. Eschbacher in. 23 CHAIRMAN MAMMINA: Okay. 24 MR. ESCHBACHER: Good 25 afternoon again. Robert Eschbacher, VHB 26 Engineering, 100 Motor Parkway in Hauppauge. I 27 was retained to evaluate the adequacy of parking 28 in connection with this application. As 29 indicated in the notice of disapproval and as 30 shown on the plans, the site requires 58 parking 31 spaces, whereas only 39 are provided on the 32 site. Therefore, we have a shortfall of 19 33 spaces. 34 As part of my study, I 35 conducted a series of observations of the actual 36 parking utilization of the property on a typical 37 weekday back in the -- a year ago, actually, 38 when we started this process. But then -- since 39 then, I've been out there several times and as 40 recently as two weeks ago to get more updated 41 observations. 42 My initial observations are 43 presented in my report. We observed conditions 44 on typical days between 10:00 in the morning and 45 4:00 in the afternoon, which would encompass the 46 busiest times for a typical office building. 47 And we did it on two different days to get an 48 even bigger scope of observations. Those show

1 03/24/2021 136 2 that, in general, there were at least ten vacant 3 parking spaces on the site during those typical 4 hours. Once again, that's typical of what I 5 observed in more recent observations. In 6 addition, there is on-street parking directly in 7 front of the building, along the north side of 8 Jericho Turnpike. And out of the six possible 9 parking spaces, there were generally five vacant 10 spaces at all times. 11 So based upon the results of 12 those observations and my analysis, it is my 13 professional opinion that there will continue to 14 be adequate parking for the building as 15 proposed. I'll be happy to answer any 16 questions. 17 Oh. But before I forget, I 18 really should talk briefly about the variance 19 requested for the parking stall and aisle 20 dimensions. As noted in the notice of 21 disapproval, there are differences between what 22 is actually striped on the property and what the 23 town requires. In order to evaluate that, I 24 observed the existing conditions and how 25 vehicles are actually parked. And in addition, 26 I drove through it myself and parked and used 27 the different aisles. 28 The dimensions that are 29 actually used out there are not unusual and are 30 typically found in other areas. And the real 31 test that I used to evaluate the adequacy of 32 them is how they're being used. Usually when 33 you have narrower stalls than required, if 34 there's a problem, it shows up by cars 35 eventually not being able to fit in those and 36 then starting to straddle an adjoining space, 37 which effectively reduces the capacity of that. 38 I did not observe that. The cars fit 39 comfortably in the spaces with the stalls that 40 are shown on the plans, and the aisles are such 41 that they enable vehicles to travel through the 42 site without any difficulty. 43 There is also a variance in 44 connection with loading zones. And as was 45 mentioned at a prior hearing today, with regard 46 to office buildings, the loading-zone 47 requirement is not something that is a big 48 concern, certainly in comparison to large retail

1 03/24/2021 137 2 stores, supermarkets, and so on. In this case, 3 the possible need for a loading zone would be in 4 connection with deliveries to the site, but 5 those deliveries for an office building would 6 typically be FedEx, UPS, Amazon. And those are 7 easily accommodated on the property without any 8 difficulty. 9 I'd be happy to answer any 10 questions. 11 CHAIRMAN MAMMINA: Questions 12 for Mr. Eschbacher? 13 MR. DONATELLI: I have none. 14 CHAIRMAN MAMMINA: Okay. 15 MR. HERNANDEZ: No questions. 16 CHAIRMAN MAMMINA: Thank you, 17 Mr. Eschbacher. 18 MR. ESCHBACHER: Thank you. 19 CHAIRMAN MAMMINA: Mr. 20 Farrell, anything further? I think we have a 21 couple of people in the chat; if you want. We 22 can have them go -- 23 MR. FARRELL: I just have a 24 couple of -- there were a couple of inquiries 25 from some neighbors. I spoke with a gentleman 26 named Jay Campson. He owns a property on the 27 corner of Leonard Boulevard and Park Avenue; it 28 directly abuts the rear property line of this 29 site. He had some issues with a large pine tree 30 that -- that's there on the -- he was 31 complaining about the pine needles. It wasn't 32 really clear whether he wanted us to take down 33 the tree, because he was concerned about a loss 34 of privacy, or trim the tree because he was 35 concerned with the needles. 36 I had arranged a meeting 37 between Mr. Campson and my client. They're 38 probably meeting right now; was supposed to be 39 at 3:00 today because that was the next time Mr. 40 Campson was available. But we'll do whatever he 41 needs us to do. Obviously, we would prefer to 42 leave the tree there, because we think it does 43 protect privacy and it does create a nice 44 buffer. So if we can trim the tree back to 45 satisfy his needs, we will certainly do that. 46 I spoke with another resident 47 of Park Avenue; just had some questions about 48 whether or not we were expanding the building or

1 03/24/2021 138 2 expanding the operation. As I said earlier, we 3 are not expanding the building in a significant 4 way, and we're not changing the way the building 5 is operating. You know, this is a maintain 6 application, largely, and, you know, there's not 7 going to be any more people coming to the 8 building as a result of the work that we're 9 doing. 10 There also two e-mails that 11 were forwarded to me by the board; one from a 12 David Diamond who lives on Broadway, and he was 13 arguing that there shouldn't be any extra cars 14 or trucks on Broadway between Leonard and 15 Belmont. I don't think that's going to be the 16 case from this site. I don't think any cars 17 from this site are going to go down Belmont 18 Avenue in any way. 19 And then the last e-mail was 20 from a Christine Grencado (phonetic) Turnbaugh, 21 who was asking if the grant to the variance 22 would result in the issuance of the building 23 permit. I think the grant -- that the variance 24 allows us to final our -- file our final 25 construction plans, our fully engineered 26 construction plans, at which point the permit 27 would be issued. So just to address those 28 concerns. 29 CHAIRMAN MAMMINA: Okay. 30 Thank you, Mr. Farrell. 31 And, Deborah -- 32 MR. HAKIMIAN: It looks like 33 -- so Christine Turnbaugh has her hand up. I'll 34 just allow her to speak if she has any 35 additional comments she'd like to add. 36 CHAIRMAN MAMMINA: Sure. 37 MS. TURNBAUGH: Can you hear 38 me? CHAIRMAN MAMMINA: Yes. 39 MR. HERNANDEZ: Yes, we can. 40 MS. ALGIOS: Thank you, 41 Christine. If you could just state your name 42 and address for the record -- 43 MS. TURNBAUGH: Yeah. 44 MS. ALGIOS: -- before you 45 speak. 46 MS. TURNBAUGH: Christine 47 Grencado Turnbaugh, 1706 Park Avenue, New Hyde 48 Park, New York. And I just had a couple of

1 03/24/2021 139 2 questions; the first one John Farrell referred 3 to, that already there was office space being 4 used in the lower level of the building, the 5 basement. And I was under the impression that 6 that hadn't been -- wasn't legal until the 7 permit was issued by the Building Department, 8 because there was a disapproval of that work to 9 be done in January. So can you clarify for me, 10 is there actually space down there now and is it 11 legal or is it not legal yet? 12 CHAIRMAN MAMMINA: We'll have 13 Mr. Farrell answer that when you're done and 14 he's back up. 15 MS. TURNBAUGH: Okay. The 16 next thing I wanted to know was, if this 17 variance is granted and they are able to go 18 ahead with that office space and legalize it in 19 the basement, what is the requirement, then, of 20 the additional office space to be added, as far 21 as parking spaces? Right now the -- 22 technically, the -- if I understood, it's 58, 23 but it's been reduced to 39. What would be the 24 legal requirement that they would have to make, 25 once that basement space is legalized as office 26 space? How many parking spaces would they need 27 then, and would they be able to meet that? 28 And my last question has to do 29 with the elevator shaft. Will that be on the 30 interior of the building insofar as it would 31 take space from the interior of the building, or 32 will it necessitate the building of something 33 outside of the -- something to be added to the 34 outside of the building, for the elevator shaft? 35 And that's it for me right now. Thank you. 36 CHAIRMAN MAMMINA: Yeah. 37 Thank you. Thank you for taking the time to sit 38 through most of the day with us. 39 MS. TURNBAUGH: Yeah. I've 40 spent the whole day with you, yes. 41 CHAIRMAN MAMMINA: Right. It 42 was fun, though, right? 43 MS. TURNBAUGH: Yes. Well, 44 you learn a lot. So -- 45 CHAIRMAN MAMMINA: I enjoy it; 46 -- 47 MS. TURNBAUGH: Yeah. 48 CHAIRMAN MAMMINA: -- I really

1 03/24/2021 140 2 do. 3 Deborah, do we have a second 4 person or no? 5 MS. ALGIOS: No. We did, but 6 I think Mr. Farrell must have answered his 7 question, because -- 8 CHAIRMAN MAMMINA: Okay. 9 MR. HAKIMIAN: -- he ended up 10 leaving after you had spoken of his e-mail. 11 CHAIRMAN MAMMINA: All right. 12 So I guess, Mr. Farrell, Mr. Eschbacher, there 13 were a couple of good questions for that -- 14 MR. FARRELL: So the increase 15 in parking is accounted for with the variance. 16 We -- originally -- the original approval was 17 for 55 spaces. I believe the three additional 18 spaces are a result of the conversion of the 19 lower level to the habitable space. Perhaps Mr. 20 Eschbacher knows better than me, but I believe 21 that to be the case. 22 The elevator will not be 23 interior to the building; it will be -- the 24 shaft will be on the outside of the building. 25 It's about 15 feet wide and about seven -- it'll 26 extend about seven feet out from the building. 27 You can see it along Jericho Turnpike there; you 28 can see where the elevator shaft is, on the 29 plans that we provided. 30 And the -- I believe there was 31 a partial conversion of the basement, that the 32 prior owner was supposed to legalize, and we 33 are, you know, cleaning that up, and I believe 34 we're adding some additional space. But at the 35 end of the day, were not adding people because 36 of the additional office space; it's just going 37 to be moving people around. So, you know, 38 there's not going to be any more employees as a 39 result of this change. 40 MS. TURNBAUGH: No, but there 41 will be -- can you hear me? 42 MR. FARRELL: Yes. 43 MR. HAKIMIAN: Yes. 44 CHAIRMAN MAMMINA: Yeah. 45 MR. FARRELL: Yes. 46 MS. TURNBAUGH: But there will 47 be added square footage. 48 MR. FARRELL: No.

1 03/24/2021 141 2 MS. TURNBAUGH: You're going 3 to add office space in the building and it's not 4 going to add square footage? 5 MR. FARRELL: No. It's in -- 6 it's within the existing building. It was 7 previously used as storage space. 8 MS. TURNBAUGH: But not as 9 office space? 10 MR. FARRELL: Correct. 11 MS. TURNBAUGH: Right. And 12 that shaft that's going to be added to the 13 building -- so there is something that will be 14 added to the physical building that's there now. 15 Is that going -- have any noise attached to it? 16 Because I lived right behind that. 17 MR. FARRELL: I mean, I 18 imagine -- 19 MS. TURNBAUGH: [inaudible] 20 coming up and down every time. 21 CHAIRMAN MAMMINA: It's a 22 hydraulic elevator. And I know I'm not supposed 23 to answer the questions but, as the architect -- 24 as an architect, you know, I can assure you, 25 your hydraulic elevator is the quietest elevator 26 that there is and, you know, you wouldn't hear 27 it. If you were taking a hotel room and you had 28 the room behind the elevator shaft, I would say, 29 Okay, honey, let's get out of here, 'cause we 30 don't want the room that's behind the elevator 31 shaft, 'cause the elevator's gonna make a 32 certain amount of noise. But no, the machine is 33 virtually silent. 34 MS. TURNBAUGH: And it extends 35 the whole height of the building? 36 MR. FARRELL: It extends a 37 little bit -- a little bit past the height of 38 the building, because you need to have that. 39 But that's a permitted encroachment. 40 MS. TURNBAUGH: So there will 41 be construction, then, going on? 42 MR. FARRELL: There will be 43 minor construction for the elevator shaft, 44 correct. 45 CHAIRMAN MAMMINA: It's 46 seven-and-a-half feet wide by 15 foot, eight 47 inches long. That's the whole -- you know, 48 that's the whole piece of construction.

1 03/24/2021 142 2 MS. TURNBAUGH: Okay. 3 CHAIRMAN MAMMINA: You got 4 about 100-and-something square feet. 5 MS. TURNBAUGH: I -- I'm just 6 concerned, too, that that space down there was 7 not legalized by the previous owner. So if that 8 space that's down there is not legal yet -- it's 9 got to be legal. You can't have office space 10 down there that's not legal. So I wish -- yeah, 11 I think somebody should look into that. Mr. 12 Farrell, I think you should look into the -- to 13 that legally, make sure that that's legal, 14 because if anything happens back there, if you 15 have a fire or anything and that's not legal and 16 you have people down there, it's going to be 17 big, big trouble. 18 CHAIRMAN MAMMINA: Yeah, 19 they'll be legalizing it now. That's what -- 20 MR. LEVINE: That's why we're 21 here. 22 CHAIRMAN MAMMINA: -- this is 23 all about about for them. 24 MS. TURNBAUGH: No, I 25 understand that, but there shouldn't have been 26 space down there until it was legal. 27 CHAIRMAN MAMMINA: I agree 28 completely with you. 29 MS. TURNBAUGH: Okay. 30 MR. LEVINE: Yeah, we -- 31 MS. TURNBAUGH: And how many 32 parking -- 33 MR. LEVINE: That's why we're 34 here. 35 MS. TURNBAUGH: -- spaces are 36 then -- we're gonna go with how many parking 37 spaces now, that are going to be required? 38 MR. FARRELL: 39 parking spa 39 -- 40 MS. TURNBAUGH: Okay. 41 MR. FARRELL: 58 are require 42 -- 58 are required, 39 are provided onsite. 43 MS. TURNBAUGH: Okay. Thank 44 you very much. 45 MR. FARRELL: Sure. 46 MS. TURNBAUGH: I appreciate 47 the information. 48 CHAIRMAN MAMMINA: Thank you.

1 03/24/2021 143 2 Okay. Anything else from 3 anyone? 4 (No response.) 5 CHAIRMAN MAMMINA: I don't see 6 anything. 7 MS. ALGIOS: No, we don't have 8 any other hands raised. 9 CHAIRMAN MAMMINA: Okay. And 10 unless the board thinks otherwise, we'll reserve 11 this so we can consider, you know, this and the 12 impact of it. And may or may not be decided, 13 then, today. 14 Okay. So thank you, Mr. 15 Farrell. 16 Thank you, Mr. -- 17 MR. FARRELL: Thank you, Mr. 18 Chairman, members of the board. Appreciate your 19 time. 20 CHAIRMAN MAMMINA: Okay. 21 Thank you. 22 MR. ESCHBACHER: I'd like to 23 also congratulate Mr. Levine for this new honor 24 coming his way. I wish him the best of luck. 25 We're definitely gonna miss 26 you, and I'm going to miss your humor on these. 27 It's -- you take what is normally a somewhat dry 28 course of hearings, and you inject a lot of 29 humor into it, and it makes it enjoyable, as 30 Chairman Mammina said. And you'll be missed. 31 And wish you -- MR. LEVIN: 32 Thank -- 33 MR. ESCHBACHER: -- the best 34 of luck. 35 MR. LEVINE: Thank you, Mr. 36 Eschbacher. My wife always groans at my humor, 37 so it's good to hear someone appreciates it. 38 CHAIRMAN MAMMINA: And 39 hopefully you won't see him in court. Okay. 40 MR. ESCHBACHER: No, no. 41 MR. LEVINE: Oh, the experts 42 testify. 43 CHAIRMAN MAMMINA: Well, there 44 we go. Okay. 45 MR. LEVINE: I do -- I -- I've 46 been around the different courts, testifying, so 47 -- 48 CHAIRMAN MAMMINA: Yeah.

1 03/24/2021 144 2 MR. LEVINE: -- who knows? 3 CHAIRMAN MAMMINA: Okay. 4 MR. LEVINE: So I don't think 5 district court's gonna get any land-use cases; I 6 think it's a little bit heavy-duty for district 7 court. 8 CHAIRMAN MAMMINA: Okay. 9 Thank you-all. 10 MR. ESCHBACHER: Thank you. 11 MS. WAGNER: Deborah, there 12 was some -- there was somebody registered to 13 speak; Ms. Adduci (phonetic). She wasn't -- you 14 didn't see that name at all; -- 15 MS. WAGNER: No. 16 CHAIRMAN MAMMINA: No. 17 MS. ALGIOS: -- Mary Aducci? 18 Okay. 19 MS. WAGNER: No. Just -- and 20 there was a Mr. Diamond, I think; had his -- 21 MS. ALGIOS: No. 22 MS. WAGNER: But then he ended 23 up leaving. 24 MS. ALGIOS: Yeah, I -- 25 MS. WAGNER: That's the -- 26 MS. AlGIOS: Well, the person 27 had indicated they wanted to speak, and I 28 believe we sent them the link and everything, 29 but they -- I don't see them here, so -- 30 MALE VOICE: They were 31 probably listening to the presentation on 32 YouTube and said, This is a great application, 33 I'm just gonna -- 34 MR. DONATELLI: Mr. 35 Tartartiagla [sic] -- 36 MALE VOICE -- back out now. 37 MR. DONATELLI: -- I'm sure 38 that's what it was. 39 MS. ALGIOS: That must be it. 40 MR. LEVINE: Mr. Farrell -- 41 CHAIRMAN MAMMINA: All right. 42 Thank you. Thank you, gentlemen. 43 MS. WAGNER: All right. 44 MR. FARRELL: Thanks to 45 everyone. 46 MS. ALGIOS: Thank you both. 47 MR. ESCHBACHER: Bye. 48 MALE VOICE: Good luck.

1 03/24/2021 145 2 MS. ALGIOS: Bye-bye. 3 MS. WAGNER: So this is 4 reserved. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48

1 03/24/2021 146 2 MS. WAGNER: The next appeal is 3 appeal No. 21028, Blues Hills Fuel LLC, 2050 New 4 Hyde Park Road, New Hyde Park, Section 8, Block 5 302, Lot 26, in the Business A zoning district; 6 variances from 7196-K.4 to install a ground sign 7 that is too big and too high. 8 CHAIRMAN MAMMINA: You've 9 heard appeal No. 21028, Blue Hills Fuel, LLC. 10 Is there anyone else who is in the queue, other 11 than the applicant? 12 MS. ALGIOS: I see an Andy 13 Stuart. Is he part of the application? 14 MR. TARTAGLIA: Andy is my 15 associate at High Point Engineering. 16 MS. ALGIOS: Okay. 17 MR. TARTAGLIA: If you can let 18 him in, that would be great. 19 CHAIRMAN MAMMINA: Okay. 20 MR. TARTAGLIA: Thank you. 21 MS. ALGIOS: You're welcome. 22 CHAIRMAN MAMMINA: Okay. Mr. 23 Tartaglia, it's yours. 24 MR. TARTAGLIA: Thank you -- 25 CHAIRMAN MAMMINA: Go. 26 MR. TARTAGLIA: -- Mr. 27 Chairman. 28 Good afternoon, members of the 29 board. 30 Just for the record; my name 31 is Chris Tartaglia, principal of the firm, High 32 Point Engineering, 521 Conklin Street, 33 Farmingdale, New York 11735, appearing on behalf 34 of the applicant, Blue Hills Fuel. 35 Just by way of a brief history 36 and synopsis of the application: This is 37 currently a branded BP products, British 38 Petroleum, site. BP took over operations of 39 this premises circa 2018. In 2018, they 40 retained our firm to re-identify the site from 41 what was then a Gulf-branded station, to a BP. 42 Toward that end, we secured permits to re-face 43 essentially the existing ground signs. There 44 are two existing ground signs. 45 Am I able to share my screen 46 just to go through some of the exhibits that I 47 have, or is that technically infeasible? 48 MS. ALGIOS: You should be

1 03/24/2021 147 2 able to. 3 CHAIRMAN MAMMINA: Yeah. 4 MR. TARTAGLIA: Awesome. I 5 wanna try that now. 6 MR. LEVINE: Is this my 7 connection or your connection that's bad? 8 CHAIRMAN MAMMINA: Sounds 9 okay, David. 10 MR. TARTAGLIA: How's that? 11 MS. ALGIOS: Yes. 12 MR. LEVINE: Yeah, there's 13 something going on. Like -- 14 MR. TARTAGLIA: Fantastic. So 15 this is an aerial photograph of the property. 16 Subject premises is located here at the 17 southeast corner of New Hyde Park Road and Union 18 Turnpike, at the intersection of Marcus Avenue, 19 or believe it changes into Marcus on the east 20 side of the street. 21 So as I alluded to just 22 previously, there are two existing freestanding 23 signs at the property today: There's one here at 24 the south corner, located adjacent to the 25 shopping center that's due south, and there's 26 another freestanding sign here at the 27 intersection, located along the northerly 28 corner. The proposal today is to eliminate both 29 of those signs and to propose a new sign which 30 contains both the price and the logo as well as 31 the products offered on the site. This is the 32 plan that was filed with the town. This should 33 be what's in front of you, although it might not 34 be in a color version. 35 But just back to the existing 36 signs for a moment. And I'll just do this on 37 Google Earth if I can, because this actually 38 works pretty well. So the existing sign at the 39 south corner currently contains only the logo 40 sign for BP. And again, you can see it's a bit 41 of a -- an odd-shape sign. It's a flag mount 42 sign in this area here. So this was just a 43 re-branding or a new face that was installed 44 within the existing sign frame, and that was 45 done under Building Department permit No. 46 20181553 (phonetic). 47 As we move up the road a 48 little bit, we see the secondary sign, which --

1 03/24/2021 148 2 that actually operates as the price sign at the 3 premises. And I'll just zoom in on that a 4 little bit. 5 CHAIRMAN MAMMINA: That corner 6 sign is less than 18 feet high? 7 MR. TARTAGLIA: Yes. So the 8 corner sign -- I could give you the specs, 9 actually, on both of them, Mr. Mammina. So the 10 corner sign is approximately 18 feet. You'll 11 note that the canopy itself is about 18 feet. 12 So you can see they're almost about the same 13 height. So that's about 18. And this sign here 14 in the foreground is a little bit lower; 15 probably somewhere around the 17-foot mark. 16 And before you ask, I'll tell 17 you the areas of both of those, because that's 18 what we're here for as well. The logo sign at 19 the corner -- at the south corner here is 32 20 square feet, and the price sign exists at 24 21 square feet. So in sum, the total area of 22 signage at the premises is 56 square feet. The 23 proposed sign is a little over 62, at 62.2. 24 And as Mr. Mammina just 25 indicated, the overall height proposed on the 26 new sign is 22 feet. So the sign at the corner 27 will go up about four feet to accommodate the 28 logo and have also the price sign as well, below 29 it. And then beneath that, there's just some 30 branding offerings of the Invigorate fuel that 31 BP offers, and the fact that they will take BP 32 credit cards -- BP Visa credit card there. 33 With regard to just a couple 34 more facts that I wanted the board to be aware 35 of -- and I'll go back to the aerial photo here 36 just to kind of show a couple of other benefits 37 of this application. So as we pan out, we can 38 see that generally north and east and west of 39 the premises there's not a lot of residential 40 involvement. However, if we head due south, we 41 do have some residential enclaves there. 42 Specifically, down in this 43 area, we've got our closest residential home, 44 which is about 150 feet from this sign at the 45 southwest corner. We're eliminating that sign 46 such that the nearest sign to the residential 47 use will be roughly 320 feet away. So we feel 48 that that's a benefit moving the sign away from

1 03/24/2021 149 2 the residential property, albeit with limited 3 effect, because there are also signs affiliated 4 with the shopping center next to us. But we're 5 at least reducing the sign's impact on the 6 adjoining residences. 7 In terms of the reason and the 8 rationale for the sign -- I'll just go back to 9 this view here. So Board may be familiar and 10 probably heard applications on the Cumberland 11 Farms location across the street; pretty 12 large-scale development of a gas station. So by 13 comparison, this existing sign is about 19 feet 14 high from grade. It's installed at about a 15 two-foot-high planter, and the sign itself is 16 about 17 feet. 17 And if you'll notice in the 18 foreground right at the corner, they have one 19 sign as the logo and then the pricing. Their 20 logo fonts on the pricing are a little bit 21 larger than ours. And then in the background, 22 they have a second sign, which is further north. 23 It's exactly the same size. So they have two 24 signs; I don't know the exact area. We were 25 unable to get the FOIL on the records. I 26 presumed them to be legal, given it's a 27 brand-new facility or relatively new facility. 28 So that said, in terms of 29 total area, our proposal at 62 square feet is 30 probably significantly less. I'm going to 31 estimate that their total area's somewhere in 32 the 40-to-45-square-foot-per-sign area; so 33 they're at about 90. Were proposing 60. And 34 again, we are representing an increase in total 35 freestanding signage at our site, with 56 square 36 feet existing, up to 62.2, but, again, 37 consolidating that into one sign, which BP feels 38 is more efficient and a better means of 39 advertising what the motorist needs to see as 40 they drive by. 41 So it's a relatively 42 straightforward application: new sign replacing 43 two existing ones at existing station; no 44 changes in use. I'm certainly here to answer 45 any questions or, if there's any other topics 46 you'd like covered, I'd be happy to do so. 47 MR. HERNANDEZ: Put up the 48 sign again, please; the proposed sign.

1 03/24/2021 150 2 MR. TARTAGLIA: Sure. 3 CHAIRMAN MAMMINA: I'm just 4 one board member, but 18 feet, no Invigorate, no 5 -- and no BP -- if you want BP to be that big, 6 you can, but that's -- you know, it's going to 7 have to fit the square footage there. 8 MR. TARTAGLIA: So -- 9 CHAIRMAN MAMMINA: And that 10 logo is ridiculous. 11 MR. HERNANDEZ: That's 12 five-and-a-half square feet of height. That's 13 almost as tall as a human. 14 CHAIRMAN MAMMINA: Yeah. I 15 mean, if you look at that Cumberland sign, okay, 16 it is very, very tempered down. And if they 17 built it at anything higher than 18 feet, well, 18 then they cheated. 19 MR. TARTAGLIA: Okay. 20 MR. DONATELLI: One of the 21 things that I would point out is I know that, 22 when we've had these kinds of signs in the past, 23 we've always shied away from having any kind of 24 advertising of any of the goods in there; for 25 example, the Lotto (phonetic), BP. I don't know 26 that we've ever approved anything like that on 27 one of these price signs. 28 CHAIRMAN MAMMINA: So that's 29 my point, too, Mr. Donatelli.Invigorate and 30 Lotto, you know -- I mean -- 31 MR. HERNANDEZ: And you have 32 not described what are those. Are those -- that 33 Lotto, BP Visa, for example, is that a screen 34 that has that on there, or is that a painted 35 sign? 36 MR. TARTAGLIA: That's a 37 permanent sign. That would not be -- 38 MR. HERNANDEZ: Okay. 39 MR. TARTAGLIA: -- a 40 changeable copy, -- 41 MR. HERNANDEZ: Okay. 42 MR. TARTAGLIA: -- but it 43 would be internally illuminated. 44 So just because we come 45 prepared to these meetings with Mr. Mammina's 46 suggestion: If we remove those two lower panels, 47 we end up with a reduction of approximately 48 13-and-a-half square feet in area. So the sign

1 03/24/2021 151 2 goes down to right about 49 square feet. And 3 the height would come down also -- oh, gee. 4 Well, 18 is the number I think that I'm hearing. 5 So we would get the -- we would get the height 6 down -- 7 CHAIRMAN MAMMINA: 18's the -- 8 MR. TARTAGLIA: -- to 18. 9 CHAIRMAN MAMMINA: 18's the 10 max height. 11 MR. HERNANDEZ: You get to 18. 12 So they have to be two feet high, each. 13 MR. TARTAGLIA: I'm certain I 14 could convince the client to accept those 15 conditions if the board saw fit to impose them. 16 CHAIRMAN MAMMINA: Well, but I 17 think also the -- I mean, the BP logo is bigger 18 than the rest of the entire sign. If you look 19 at Cumberland, we only gave them two prices; we 20 didn't give them all three. And, you know, they 21 opted to make the pricing little bit bigger, 22 'cause I know, as a consumer, that -- I only 23 look at the price; I don't care what gas it is. 24 But that's just me, you know. I mean, there are 25 some people that say, I only want X gas. 26 And, you know, their 27 Cumberland sign was significantly larger, you 28 know, than it is, but we -- you know, we got it 29 down to something that we think fits the 30 character of the town of North Hempstead. I'm 31 not speaking ill of my brothers and sisters in 32 the town of Hempstead, but, I mean, there it's a 33 free-for-all, you know, in terms of signs. 34 MR. TARTAGLIA: It's a good 35 comment, Mr. Mammina, but if I could just 36 provide a quick explanation. So if you notice 37 on the Cumberland sign, they have a little bit 38 of a different marketing strategy; they're only 39 pricing regular grades of gas. The upper price 40 shown is the regular customer price. The lower 41 price is still the same grade of gas; if you're 42 a member, you get a dime off per gallon. That 43 isn't BP's strategy. What BP does, which, quite 44 frankly, as somebody who drives a couple 45 different vehicles with a couple of different 46 fuel needs, they actually provide all three 47 grades of gasoline: high, middle, and supreme. 48 So that's why they showed three in the existing

1 03/24/2021 152 2 condition as well as in the proposed. 3 But I would also say this: The 4 price sign -- the reason why that price sign 5 looks smaller with Cumberland is because they're 6 using much larger fonts. So I'm sitting at the 7 middle of the intersection here -- and I'm 8 trying to look and I can't move over. Okay. Do 9 you see how large -- 10 CHAIRMAN MAMMINA: Yeah, 11 that's -- 12 MR. TARTAGLIA: -- the numbers 13 are? 14 CHAIRMAN MAMMINA: -- that's 15 what I just said: They opted for -- you know, 16 for bigger numbers. 17 MR. TARTAGLIA: So total area 18 is probably the same. In terms of our -- 19 CHAIRMAN MAMMINA: Okay. Look 20 at your logo. 21 MR. TARTAGLIA: -- reduced 22 sign that we agreed to, I don't think the area's 23 any different. 24 CHAIRMAN MAMMINA: Look at 25 your -- look at your logo. Being facetious, of 26 course, but I can hand -- land a helicopter, you 27 know, on -- you know, on the BP logo. You know, 28 that -- that's gotta be cut significantly. 29 MR. TARTAGLIA: Well, I -- 30 MR. HERNANDEZ: The logo 31 itself is totaling 25 square feet. 32 MR. TARTAGLIA: So, folks -- 33 yeah, right, understood, but just -- the -- back 34 to our competitor, just making a comparison. By 35 taking those two bottom sign panels off, I think 36 we're smaller now than each one of those signs 37 across the street. And they have two. So I'm 38 not saying that it's a he-said-she-said, but I 39 believe we've accomplished what the board wants 40 here. 41 Now, Cumberland Firms, as you 42 can see -- their logo is long; they spell out 43 their name. BP has a circle. So to make that 44 sign smaller -- the entire sign gets smaller to 45 make that logo head smaller, which then reduces 46 the price or creates an oblong-looking sign. BP 47 has a rectangular-type sign. 48 So again, if we're getting

1 03/24/2021 153 2 down to that 50-square-feet number that we 3 talked about with the reduction of 4 13-and-a-half, under 50, I believe, we're 5 smaller than each one of the signs across the 6 street. And arguably, I think we've 7 accomplished the goal in also reducing the high 8 down to 18. 9 So I'd respectfully request 10 that we be allowed to proceed with those 11 modifications, 'cause I think we've gotten a 12 much smaller sign. And we're actually six 13 square feet smaller than the existing total 14 signage on the site today. Were actually 15 smaller. 16 CHAIRMAN MAMMINA: I got my 17 share of retail clients and I know that, in my 18 pocket, I have three or four different signs 19 that they all accept, because, you know, they 20 know that -- you know, you go and you shoot for 21 the stars, you know, and then you see what you 22 could get. 23 You know, you got good-size, 24 you know, logos that are up on your light band, 25 which we'll talk about; -- MR. 26 TARTAGLIA: Uh-huh. 27 CHAIRMAN MAMMINA: -- you 28 know, the light band itself. 29 MR. TARTAGLIA: Yeah. 30 CHAIRMAN MAMMINA: You know, 31 and it's just -- it's a lot of logo. You know, 32 it's just a lot of, lot of logo. 33 MR. TARTAGLIA: We just -- we 34 reduced the sign by 20 square feet, Mr. Mammina. 35 I mean, I think that's a substantial reduction. 36 CHAIRMAN MAMMINA: All I'm 37 telling you it's too much logo; that's all. For 38 me, I'm one board member. 39 MR. TARTAGLIA: I know you've 40 -- 41 CHAIRMAN MAMMINA: So -- 42 MR. TARTAGLIA: -- got a lot 43 of retail, and I think you also understand that, 44 you know, there -- there's corporate-image 45 standards. And there's no way I can reduce that 46 logo without making the sign much smaller at the 47 bottom, which is going to make those prices 48 illegible.

1 03/24/2021 154 2 CHAIRMAN MAMMINA: Add 3 balance. 4 MR. TARTAGLIA: Is there a 5 number you have in mind -- 6 CHAIRMAN MAMMINA: No. 7 MR. TARTAGLIA: -- that you 8 want to see? 9 CHAIRMAN MAMMINA: It's not 10 let's make a deal. I mean, we'll -- we 11 encourage business. You know, we want business, 12 you know, in the -- you know, in the town, you 13 know, definitely. But yeah, we've got -- you 14 know we've got tighter signage than some other 15 municipalities. I'm sure you've -- if you've 16 done that for them -- yeah, look, I've gone into 17 villages, you know, where -- no name, and this 18 is how big -- you know, you got a shoe box 19 there; that's where your logo goes. And we're 20 not -- that's not what we're asking for. 21 You know, it's almost -- looks 22 visually to me like the sign's gonna fall over 23 with the logo on the top. 24 MR. HERNANDEZ: Mr. Tartaglia, 25 could you hold that -- 26 CHAIRMAN MAMMINA: Of course 27 it's not. I don't mean it that way. 28 MR. HERNANDEZ: Hold that 29 image a minute. I want to -- 30 Finish, Mr. Mammina. I want 31 to say something afterwards. 32 MR. TARTAGLIA: The sign 33 image? 34 MR. HERNANDEZ: Yeah. I want 35 to see your sign, your existing sign. 36 MR. TARTAGLIA: Yeah, yeah, 37 yeah. 38 MR. HERNANDEZ: No, no, I'm 39 sorry, not the new sign but the existing one 40 that you have there now. 41 MR. TARTAGLIA: Yes, sir. 42 MR. HERNANDEZ: Yeah. 43 Obviously, that sign is much higher than what 44 you're proposing. 45 MR. TARTAGLIA: Much what? 46 MR. HERNANDEZ: Much higher 47 than what -- 48 MR. TARTAGLIA: No.

1 03/24/2021 155 2 MR. HERNANDEZ: -- you are 3 proposing. 4 MR. TARTAGLIA: No. It's 5 actually about -- it's about 18 feet. Right now 6 it's at the agreed height. So our logo would be 7 where that price sign is, and the price sign 8 drops. 9 MR. HERNANDEZ: Right. That's 10 what -- the point I was going to make. But the 11 price sign itself is comparable to what you are 12 proposing in your new sign? 13 MR. TARTAGLIA: It's actually 14 the same size. 15 MR. HERNANDEZ: Okay. 16 MR. TARTAGLIA: Yeah. 17 MR. HERNANDEZ: It's why I say 18 comparable, 'cause I wasn't sure it was the same 19 size. 20 MR. TARTAGLIA: Yes. 21 MR. HERNANDEZ: Okay. 22 MR. TARTAGLIA: Six feet wide, 23 yeah. 24 MR. HERNANDEZ: Okay. The 25 logo sitting on top of that will be 26 five-and-a-half feet or six feet wide by 27 five-and-a-half feet high. It's gonna to be the 28 same sizes as those three things. I think what 29 Mr. Mammina is saying is that it looks very, 30 very top-heavy. And I think, when you throw it 31 out in your schematic, by removing the two 32 bottom -- Invigorate and the Lotto; by removing 33 those, you're going to see visually that it's 34 not a balanced sign. The logo looks overly 35 large. If you -- 36 MR. TARTAGLIA: I -- as -- Mr. 37 Mammina's an architect. I'm an engineer. I'm 38 obviously advocating for my client. I -- 39 MR. HERNANDEZ: Yes. 40 MR. TARTAGLIA: -- don't know 41 that I agree with the top-heavy. I believe 42 that's a very subjective statement. But I will 43 say this, and I think I just kind of need to 44 maybe just reiterate: So just in terms of, if I 45 was to do a rendering of what the sign will look 46 like, so right here where the price sign is now, 47 envision that becoming a logo which is about a 48 foot less wide. Envision -- which in this view

1 03/24/2021 156 2 would be almost imperceptable. Envision that 3 same price sign dropping now to the very bottom 4 of where it sits now. 5 MR. HERNANDEZ: Yeah. 6 MR. TARTAGLIA: I don't see 7 top-heavy. In fact, what I see with much 8 shorter poles and much less space below, I see 9 the opposite: I see a sign that looks very 10 appropriate, certainly in comparison to the 11 Cumberland sign, which I'll just -- again, just 12 for visual comparison. That sign's kind of the 13 same proportions as what we're proposing. The 14 top half of the sign is sign; the bottom half of 15 the sign is open. This would be exactly the 16 same. 17 CHAIRMAN MAMMINA: Until 18 three-quarters -- 19 MR. TARTAGLIA: The top half 20 of the sign -- 21 CHAIRMAN MAMMINA: -- of the 22 way. 23 MR. TARTAGLIA: -- would be 24 open -- 25 CHAIRMAN MAMMINA: 26 Three-quarters of the way is a joke. That's why 27 you're an engineer and I'm an architect. You 28 know, we work at proportion. You know, I say -- 29 I tell my engineers what to do, you know, and 30 then that's what they do. You can't compare the 31 -- you know, the balance of the Cumberland sign 32 to what's your proposal. You know, it -- and I 33 realize you have a different logo. You know, I 34 mean, how big are your BP discs that are up on 35 -- 36 MR. TARTAGLIA: Yeah. 37 MR. HERNANDEZ: Your canopy. 38 MR. TARTAGLIA: Those are 39 approximately three foot, two inches diameter. 40 CHAIRMAN MAMMINA: Okay. Now 41 you're getting warm. 42 MR. TARTAGLIA: That would be 43 a five-foot, four-inch-wide sign. It -- it's -- 44 see, that -- 45 CHAIRMAN MAMMINA: Okay. 46 MR. TARTAGLIA: -- that is the 47 same. 48 CHAIRMAN MAMMINA: No, I'm

1 03/24/2021 157 2 saying -- but then it's white; the background is 3 white. 4 MR. TARTAGLIA: I'm sorry, I 5 -- I've -- 6 CHAIRMAN MAMMINA: Well, here 7 -- 8 MR. TARTAGLIA: We -- we've 9 agreed to -- I'm just looking for more 10 direction, sir. I -- I -- 11 CHAIRMAN MAMMINA: Okay. 12 Well, here -- 13 MR. TARTAGLIA: We've agreed 14 -- 15 CHAIRMAN MAMMINA: -- here's 16 what I will say, 'cause I can't give you -- 17 MR. TARTAGLIA: We've agreed 18 to a reduction -- 19 CHAIRMAN MAMMINA: I can't 20 give you direction -- 21 MR. TARTAGLIA: -- as you 22 requested -- 23 CHAIRMAN MAMMINA: -- but here 24 -- 25 MR. TARTAGLIA: -- and I just 26 need further direction. 27 CHAIRMAN MAMMINA: Here's -- 28 here's what I'll say: Make it 18 feet high, 29 okay, and you come back with something that you 30 think that we're gonna think is more balanced 31 than what you've got there. Your logo sign is 32 bigger than your price sign. And again, I'm 33 only one board member. 34 If anybody has a different 35 opinion, you know, please. 36 And that's the only sign on 37 the site now, when all is said and done? 38 MR. TARTAGLIA: You mean 39 freestanding? 40 CHAIRMAN MAMMINA: Yeah. I'm 41 not talking about the signs that are against the 42 building. 43 MR. TARTAGLIA: Yeah. So as 44 discussed, this -- so this sign here to the 45 south gets removed and the sign at the corner 46 stays in the same location but gets modified 47 with whatever this board ultimately approves. 48 CHAIRMAN MAMMINA: Virginia, I

1 03/24/2021 158 2 don't know if you know offhand, but doesn't that 3 sign have to be back ten feet? 4 MS. WAGNER: The setback? 5 CHAIRMAN MAMMINA: Yeah. I 6 know it wasn't disapproved for that, but -- 7 MS. WAGNER: There is a 8 setback. 9 CHAIRMAN MAMMINA: I mean, 10 that looks like it's pretty much smack at the 11 property line. 12 MR. HERNANDEZ: Yeah. It's on 13 top of the sidewalk. 14 MS. WAGNER: Let me see. 15 MR. DONATELLI: No, it -- 16 well, it's not on the sidewalk. 17 CHAIRMAN MAMMINA: No, but 18 it's maybe -- 19 MR. HERNANDEZ: It's not on 20 the sidewalk -- 21 CHAIRMAN MAMMINA: -- it's 22 maybe back three feet. 23 MR. HERNANDEZ: At best. 24 CHAIRMAN MAMMINA: Yeah, I 25 think, at best. 26 MS. WAGNER: I can check into 27 that. 28 MR. TARTAGLIA: Yeah, so we do 29 show it on the plan, folks; just for clarity. 30 Sorry, I'll pull it up. So the sign is set back 31 6.3 to New Hyde Park Road and 3.6 to Marcus, as 32 shown here on this plan, if you can see that. 33 CHAIRMAN MAMMINA: Oh. 34 MR. HERNANDEZ: I'm sorry; 6.3 35 to New Hyde Park and 3.6 to Marcus? 36 MR. DONATELLI: It's closer to 37 Marcus, definitely. 38 MR. TARTAGLIA: All right. So 39 -- yeah, so if you notice, you see -- I don't 40 know if you can see the graphic. Do you see the 41 property line -- 42 MR. HERNANDEZ: Yeah. I can 43 see it, yes. 44 MR. TARTAGLIA: There was a 45 taking, at some point, on Marcus, that they 46 didn't actually build out, so that pushed that 47 property line very far to the south. So that's 48 why you're seeing the sign very far from the

1 03/24/2021 159 2 actual roadway. It's a good 25, 30 feet from 3 the actual curb line on Marcus, but only 3.6 to 4 the property. 5 CHAIRMAN MAMMINA: Yeah, but 6 what about New Hyde Park Road, though? 7 MR. TARTAGLIA: Yeah, I know 8 you stepped away from the screen there. So 9 we're at 6.3 feet to the property line on New 10 Hyde Park. That's the existing location. 11 CHAIRMAN MAMMINA: I -- well, 12 I mean, even 6.3 is not ten. And it should just 13 be another -- you know, it should just be 14 another variance. You're asking for -- if you 15 need to, 'cause I would hate to see the Building 16 Department send you back. 17 MR. TARTAGLIA: Yeah, I don't 18 know why they would've neglected -- 19 CHAIRMAN MAMMINA: Like, 20 looking at it in the picture, it just -- 21 MR. TARTAGLIA: I don't -- 22 CHAIRMAN MAMMINA: -- it 23 doesn't look like it's six feet back. 24 MR. HERNANDEZ: Just in case 25 it was an error, look into it. 26 MR. TARTAGLIA: Yeah. Nothing 27 I love more than fixing the Building Department 28 errors. 29 MR. HERNANDEZ: Well, the 30 problem is you -- 31 CHAIRMAN MAMMINA: Well -- 32 MR. HERNANDEZ: It's better if 33 we do it now -- 34 CHAIRMAN MAMMINA: -- if we do 35 -- 36 MR. HERNANDEZ: -- than later. 37 CHAIRMAN MAMMINA: That's it. 38 I mean, you know. You and I live and die by the 39 Building Departments. It's not -- 40 MS. WAGNER: Yeah. 41 MR. TARTAGLIA: Mostly die. 42 Yeah. 43 CHAIRMAN MAMMINA: Yeah, 44 mostly die. 45 MS. WAGNER: Well, Chairman? 46 Can you -- 47 CHAIRMAN MAMMINA: Yes. 48 MS. WAGNER: -- hear me? So

1 03/24/2021 160 2 one section, 70-196.J(2), does say that signs 3 shall be located not less than ten feet from the 4 property line; maybe because there's an existing 5 sign there; I'm not sure. 6 MR. TARTAGLIA: Yeah, I guess 7 we can talk to the Building Department, but -- 8 CHAIRMAN MAMMINA: Yeah. 9 MR. TARTAGLIA: -- before I do 10 that -- there is a valid permit in hand for this 11 sign, and the location is not changing. But I 12 guess my question is, because the sign itself is 13 changing, does that obviate a new variance or 14 does the existing permitted sign, with a certain 15 setback -- can that be maintained even though 16 it's a new sign? 17 CHAIRMAN MAMMINA: This would 18 be whatever they -- whatever they tell you is 19 what we would go along with. And the Marcus 20 side, I understand completely. Yeah, I mean, 21 that's a -- 22 MS. WAGNER: Yeah. Well, we 23 can -- 24 CHAIRMAN MAMMINA: -- separate 25 line. 26 MS. WAGNER: -- we can check 27 it -- we'll check in with the plans examiner and 28 see whether there was any, you know, 29 consideration of the fact that the sign is 30 already there, or whether it -- 31 CHAIRMAN MAMMINA: Yeah -- 32 MS. WAGNER: -- is something 33 that was overlooked. 34 CHAIRMAN MAMMINA: On that 35 one, I just don't want you to have it and to 36 come back. You know, that's -- 37 MR. TARTAGLIA: No, I get it. 38 I appreciate that, Mr. Chairman. So I am 39 looking at the Building Department application 40 where they actually write in at the bottom of 41 the application the items -- the particulars, 42 and it's very interesting: Setback is not shown 43 on this form. And it's actually the town's 44 application for sign permit. Remarkable. 45 CHAIRMAN MAMMINA: That's 46 interesting. You know, it's -- 47 MR. TARTAGLIA: Yeah. 48 CHAIRMAN MAMMINA: I'm

1 03/24/2021 161 2 laughing cynically. 3 MS. WAGNER: Are you looking 4 at the -- 5 MR. TARTAGLIA: You're 6 laughing at my pain. 7 MS. WAGNER: Are you looking 8 at the -- are you looking at the addendum? You 9 mean the sign-addendum part? 10 MR. TARTAGLIA: Yeah. I 11 actually have this. I can bring it up just to 12 show the board in case they were interested. 13 Let me see. No, that's the wrong one. Let me 14 see. No, that's the prior approved signs. 15 All right. I don't want -- I 16 don't want to spend your time but, yeah, it's 17 the standard town-sign application, and there's 18 a set of columns at the bottom that the Building 19 Department fills out, and it references 20 zoning-code compliance. And you have type of 21 sign; whether the sign is new; horizontal, 22 vertical measurements; total area; maximum 23 height; name of the street the sign faces; and 24 then it says, street frontage of building, which 25 is, I guess, if it's a building sign; and 26 whether or not it's illuminated, Those are the 27 only criteria. 28 MS. WAGNER: No, we -- no, 29 No.11 is set back from property line. 30 MR. TARTAGLIA: Am I looking 31 at an old form here maybe? 32 MS. WAGNER: Well, I'm looking 33 at the sign addendum for your particular sign, 34 -- 35 MR. TARTAGLIA: Okay. 36 MS. WAGNER: -- and No. 11 for 37 that addendum says, set back from property line. 38 It does say 6.3 feet, so -- 39 MR. TARTAGLIA: But it's not 40 called out as needing relief. 41 MS. WAGNER: It's not, but it 42 is a question that's on there, so -- 43 MR. TARTAGLIA: All right. 44 Just so I don't have to bother you folks more 45 than once more: Is the recommendation that we 46 talk to the plans examiner to get a firm 47 determination on whether or not the existing 48 variance would be maintained by holding the

1 03/24/2021 162 2 setback, or is that your board's purview? 3 MS. WAGNER: We can contact 4 the plans examiner and get a clarification on 5 that, so, you know -- 6 MR. TARTAGLIA: Okay. 7 Can we follow back with you? 8 MS. WAGNER: You should follow 9 -- you should also follow up with them as well, 10 just to make sure that, you know, it's not 11 something that was overlooked. But I will speak 12 to them tomorrow and find out if that's an 13 issue. 14 CHAIRMAN MAMMINA: And then, 15 Chris, on the -- 16 MR. TARTAGLIA: Yes. 17 CHAIRMAN MAMMINA: -- on the 18 regular sign, take it down to 18 feet. Take a 19 shot if that's something else that you think 20 BP'll will go for. Take off Invigorate and 21 Lotto, which I don't think is really any skin 22 off their nose. I don't mean that in a 23 sarcastic way. 24 MR. TARTAGLIA: Understood. 25 CHAIRMAN MAMMINA: I mean that 26 profession to profession. We say, Okay. And, 27 you know, then send it on back. You know, you 28 don't have to come back. 29 MR. TARTAGLIA: Oh, okay. 30 CHAIRMAN MAMMINA: That's -- 31 you know, if they're gonna write you up another 32 denial -- 33 MR. TARTAGLIA: Right. 34 CHAIRMAN MAMMINA: -- with the 35 setback, then I -- then -- and I think you would 36 have to come back just because then there's -- 37 MR. TARTAGLIA: There's more 38 relief. 39 CHAIRMAN MAMMINA: -- there -- 40 there's more relief. You know, and -- you know, 41 again, I -- there I really say, just to -- 42 professional-professional, to try to protect you 43 so that you don't end up getting the whole sign 44 put up -- 45 MR. TARTAGLIA: Well -- 46 CHAIRMAN MAMMINA: -- and then 47 they come out for the final walk-through -- you 48 know, it happens in every municipality. So --

1 03/24/2021 163 2 MR. TARTAGLIA: That would not 3 be good, Mr. Mammina; I agree. 4 CHAIRMAN MAMMINA: I've lived 5 there, so I know. 6 MR. TARTAGLIA: Okay. Well -- 7 CHAIRMAN MAMMINA: Okay. 8 MR. TARTAGLIA: -- appreciate 9 the board's time today. Thank you. And we'll 10 -- 11 MR. HERNANDEZ: Thank you. 12 MR. TARTAGLIA: -- come back 13 with what you asked for. 14 CHAIRMAN MAMMINA: Yeah. The 15 sooner you get it back, the better for 16 everybody. You know, Virginia I'll circulate 17 it, you know, to me, then we'll all take a look 18 at it, and, you know, you'll end up at home 19 plate sooner that way. 20 MR. TARTAGLIA: Thank you, 21 folks. Have a wonderful afternoon. 22 CHAIRMAN MAMMINA: Okay. 23 Thanks so much. 24 MR. HERNANDEZ: Thank you. 25 MR. TARTAGLIA: Bye-bye. 26 CHAIRMAN MAMMINA: Bye-bye. 27 MR. HERNANDEZ: So this is 28 continued? 29 MR. LEVINE: You're welcome. 30 Yes. 31 MS. WAGNER: Okay. Just to -- 32 just -- 33 MR. HERNANDEZ: Chris, could 34 you release us from the screen? I think -- 35 MR. TARTAGLIA: Yeah, I think 36 I'm just trying to close out. Sorry, folks. 37 MR. HERNANDEZ: Oh. 38 MR. TARTAGLIA: But, yeah. 39 MR. LEVINE: That's okay. 40 MR. TARTAGLIA: I don't know 41 what's happening. 42 MR. HERNANDEZ: Stop the 43 screen-sharing, and that will -- 44 MR. TARTAGLIA: Yeah. I'm 45 just trying to maximize my screen so I can get 46 to that. Bear with me. Sorry. Unbelievable. 47 MS. WAGNER: If you go down -- 48 the bottom, the screen-share button should pop

1 03/24/2021 164 2 up. 3 Oh. So -- Mr. Tartaglia, are 4 you still on? 5 MR. TARTAGLIA: Yeah. I can't 6 get off. 7 MS. WAGNER: Okay. So -- 8 well, no, wait, wait. Stay on. Stay on for a 9 second. 10 MR. TARTAGLIA: Sure. 11 MS. WAGNER: I'm just getting 12 some e-mails while I'm on here, from one of the 13 plans examiners in the Building Department -- 14 MR. TARTAGLIA: Oh, good. 15 MS. WAGNER: -- and -- who was 16 listening in. 17 MR. TARTAGLIA: Okay. 18 MS. WAGNER: And there's a 19 possibility that the gas -- the ground signs for 20 gasoline service stations may be different than 21 the ground signs for -- you know, another type 22 of ground sign. 23 MR. TARTAGLIA: Okay. 24 MS. WAGNER: So that may 25 explain why it wasn't cited. But we will -- oh, 26 okay. So here's -- here is -- 27 MS. ALGIOS: Ginny, sorry to 28 interrupt you, but Joe Canzoneri is on, and his 29 hand -- 30 MS. WAGNER: Yeah. 31 MS. ALGIOS: -- so we [zoom 32 inaudible. 33 MS. WAGNER: Oh, okay. All 34 right. So why don't you go ahead and come on, 35 Deborah. But -- 36 MS. ALGIOS: I will. 37 MS. WAGNER: -- that's what I 38 was referring to. But I see here that there is 39 a subsection K that refers to gasoline-station 40 signs, so -- 41 CHAIRMAN MAMMINA: Maybe 42 that's it. That's -- 43 MR. TARTAGLIA: There is no 44 setback under K, I'm hearing, yeah. 45 CHAIRMAN MAMMINA: They have 46 to accept, like, 20 feet, I believe. 47 MR. HERNANDEZ: And five feet 48 --

1 03/24/2021 165 2 MS. WAGNER: There is no 3 setback -- 4 MS. ALGIOS: So, Joe, you can 5 speak. And just -- you know, just give your 6 name and your title with the town. 7 MR. CANZONERI: Good 8 afternoon, everyone. My name's Joseph 9 Canzoneri, Junior. Spelling is 10 C-A-N-Z-O-N-E-R-I. I'm a plan examiner for the 11 Town of North Hempstead. 12 MS. ALGIOS: Hi, Joe. 13 MR. CANZONERI: How are 14 you-all? 15 CHAIRMAN MAMMINA: So, Joe, do 16 you want to just clarify that, you know -- 17 MR. CANZONERI: Sure. 18 CHAIRMAN MAMMINA: -- for us, 19 then? Thank you. 20 MR. CANZONERI: Per 70-196.J, 21 ground signs in general have to be ten feet from 22 any property line. But per K, gasoline-station 23 signs -- K(4), ground signs shall not exceed two 24 in number, 24 square feet per sign face, or 18 25 feet in height above the mean level of the 26 ground, and just not extend or project beyond 27 any lot line. They can be right on the property 28 line, but they cannot extend past it. 29 CHAIRMAN MAMMINA: Got it. 30 MR. CANZONERI: And I'm 31 surmising; reason is, if you have a ground sign 32 that's ten feet back from any property line, you 33 have the possibility of cars, you know, hitting 34 it, and things of that nature. So that's the 35 only thing I can think of as to why that 36 difference would exist. 37 CHAIRMAN MAMMINA: All right. 38 Thank you so much. 39 MR. HERNANDEZ: Thank you. 40 MR. CANZONERI: Thank you-all. 41 MS. ALGIOS: Thank you Joe. 42 MR. CANZONERI: Have a good 43 afternoon. 44 CHAIRMAN MAMMINA: That 45 clarifies it. So is -- 46 MR. TARTAGLIA: Okay. So we 47 don't need setback, we -- but we do -- 48 CHAIRMAN MAMMINA: Right, you

1 03/24/2021 166 2 don't need setback, you don't -- and, Chris, 3 we're not look [sic] at the 24 square feet but, 4 you know, we're not -- you know what I'm saying. 5 MR. TARTAGLIA: I know what 6 you want. We shall deliver, sir. 7 CHAIRMAN MAMMINA: Okay. 8 Thank you. 9 MS. ALGIOS: Okay. So -- 10 MR. TARTAGLIA: Now I can just 11 figure out how to leave. 12 MS. ALGIOS: All right. So 13 now -- so, Chairman -- but just to clarify, 14 you're asking him to modify the sign how? 15 CHAIRMAN MAMMINA: They'll 16 decide how. You know, they'll resubmit. 17 MR. HERNANDEZ: They'll 18 resubmit. 19 MR. TARTAGLIA: We're going to 20 remove the two bottom signs. The two ancillary 21 signs are going to be removed; that'll result in 22 a fairly significant area reduction. And we're 23 just gonna make the top sign look more like the 24 price sign, in terms of its dimensions and mass, 25 -- 26 MS. ALGIOS: Okay. 27 MR. TARTAGLIA: -- so it looks 28 like one comprehensive sign. 29 MS. ALGIOS: Right. So 30 depending on what your modifications are, you 31 may actually not even need a variance any 32 longer. 33 MR. TARTAGLIA: Well, we will, 34 because it won't be 24 square feet. 35 MS. ALGIOS: Okay. You're 36 still -- 37 CHAIRMAN MAMMINA: It's not 38 going to be 24 -- 39 MS. ALGIOS: -- you're still 40 gonna need a variance for the area, then. 41 CHAIRMAN MAMMINA: Yeah. 42 MS. ALGIOS: Okay. 43 CHAIRMAN MAMMINA: 'Cause, 44 again, we don't expect that whole sign to be 24 45 square feet. Yeah. 46 MR. TARTAGLIA: Okay. 47 CHAIRMAN MAMMINA: All right. 48 MR. TARTAGLIA: We'll resubmit

1 03/24/2021 167 2 to your office and then -- do we have to come 3 back, though, I'm sorry, since there's no more 4 relief? 5 MR. DONATELLI: No. 6 MS. WAGNER: No. 7 MR. DONATELLI: No. 8 MR. TARTAGLIA: Okay. 9 Understood. Thank you. 10 CHAIRMAN MAMMINA: Thanks. 11 Thanks, Chris. 12 MS. WAGNER: You're welcome. 13 MR. TARTAGLIA: Have a good 14 day, guys. Bye-bye. 15 MS. WAGNER: Bye-bye. 16 (Off the record.) 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48

1 03/24/2021 168 2 MS. WAGNER: All right. I 3 have to take a breather before I read this one. 4 CHAIRMAN MAMMINA: Oh, yeah. 5 MR. HERNANDEZ: It's a long 6 one. 7 MS. WAGNER: Appeal No. -- 8 CHAIRMAN MAMMINA: Need an 9 oxygen tank. 10 MS. WAGNER: -- 20719, Country 11 Realty Company (Lexus), by order of the Nassau 12 County Supreme Court Justice Steinman, index No. 13 608921/2019. This appeal is being remanded to 14 the Board of Zoning Appeals to rule on the 15 merits of the applicant's appeal challenging the 16 Building Department's determination that a 17 conditional-use permit and variances were 18 required; southeast corner of 250 Northern 19 Boulevard and 262nd Street (Aster Lane), Great 20 Neck; Section 2, Block 104, Lots 9, 10, 107, 21 108, 110, 601, and 701, in the Business 22 A/Residence-A District. 23 Synopsis: The Board of Zoning 24 Appeals previously granted the applicant's 25 appeal for a conditional use, 70-126.D, for the 26 parking, storage, and sale of automobiles, and 27 variances 70-103.A(1), 70-103.B, 70-103.F(1), 28 70-103.M, and 70-203.G, to maintain a commercial 29 space for an automobile dealership with 30 insufficient off-street parking, parking-stall 31 dimensions, loading zones, and landscape buffer 32 and parking for the storage and sale of 33 automobiles within a required front-yard 34 setback, not permitted. 35 The conditional use was 36 granted with a three-year time limitation. At 37 the appeal, the applicant had alternatively 38 requested a determination that the Building 39 Department erroneously determined that the 40 conditional use and variances were required. 41 The Board of Zoning and Appeals determined that 42 question to be moot. In compliance with Justice 43 Steinman's order, this matter is being restored 44 to the Board of Zoning Appeals' decision 45 calendar, for the purpose of deciding the 46 applicant's appeal for determination, seeking to 47 reverse the decision of the Building Department. 48 CHAIRMAN MAMMINA: Could you

1 03/24/2021 169 2 read that again, please? 3 MS. WAGNER: No, I can't, but 4 just -- 5 Deborah, I think we need to 6 clarify that this was not intended to be 7 calendared on the regular calendar and it was 8 held over from the last meeting. 9 MS. ALGIOS: Correct. And I 10 think -- you know, so the board did discuss this 11 at the last meeting, and I think the basis of 12 the last meeting and a lot of the discussion 13 revolved around kind of getting straight exactly 14 what it was the board was going to be doing here 15 as far as what its role was, what it had to 16 decide. So I think think everybody's clear on 17 that now and so we can pick up the discussion 18 and, you know, make -- the board can make that 19 determination as to whether or not the building 20 department erred in requiring Lexus to come to 21 the BZA for the conditional use and the 22 variances. 23 CHAIRMAN MAMMINA: Okay. So I 24 will call it, then. You heard appeal No. 20719, 25 Country Realty Company -- or Co. -- sorry -- 26 (Lexus). Is there anyone who's on the chat, 27 who's interested -- 28 MS. WAGNER: No, we're not -- 29 MS. ALGIOS: No. 30 MS. WAGNER: Chairman -- I'm 31 sorry, Chairman, we're not taking -- so -- so 32 one other thing. So the -- 33 CHAIRMAN MAMMINA: Gotcha. I 34 saw 13 people; that's why -- 35 MS. WAGNER: Oh, okay. So 36 nobody's -- 37 MS. ALGIOS: No. 38 MS. WAGNER: We're not taking 39 any comments from anyone. 40 CHAIRMAN MAMMINA: Okay. 41 MS. WAGNER: Mr. Limmer 42 (phonetic) is not speaking. It's just the 43 board's decision is based on the record that was 44 before it back when this appeal was originally 45 heard in 2019. 46 CHAIRMAN MAMMINA: You had 47 explained that last time. Yes. Okay. So, you 48 know, I do -- I was just -- Ginny, do we have

1 03/24/2021 170 2 the drawings in what you had sent out? It's 3 just a -- 4 MS. WAGNER: You mean drawings 5 for the -- 6 CHAIRMAN MAMMINA: From the 7 original. 8 MS. WAGNER: -- appeal that 9 was decided? 10 CHAIRMAN MAMMINA: If we 11 don't, that's -- that's okay. I took a -- you 12 know, I was just running through them just to 13 see if we -- you know, if we did a case, we want 14 to talk about a specific variance there. 15 MS. ALGIOS: Well, Chairman, 16 the record had been sent to all the board 17 members, so -- 18 CHAIRMAN MAMMINA: Well, 19 that's -- I thought I saw it, but -- okay. 20 Never mind. Doesn't matter. You know what I'm 21 going to do if I can, with permission of my 22 fellow board members -- because, I mean, it 23 becomes a -- you know, a bit of a legal question 24 here and -- you know, just in terms of -- you 25 know, of getting the conversation going, you 26 know, on this. I don't know if -- or -- Les or 27 Dan or David have any thoughts about, you know, 28 where we're going with this and how we think we 29 might get there. 30 MS. WAGNER: So, Chairman, I 31 do have the plans, if you'd like to look at 32 them, and the application. If you want me -- I 33 can share the screen or I can e-mail them to 34 you; it's up to you. 35 CHAIRMAN MAMMINA: If you 36 e-mail them to me, that's fine, and -- 37 MR. DONATELLI: Mr. Chairman, 38 I did review the historical record, and I'll 39 take the chance at summarizing what I believe 40 the historical record to be. I've come up with 41 some comments. And certainly, as I go through 42 my comments, if anyone else wants to jump in and 43 correct something or add something, I'm 44 certainly welcome, I welcome that as well. 45 But just as a recap, if 46 you-all recall, last time we met, Town Counsel 47 suggested that we take a look at the historical 48 record, and I did. I really tried to delve into

1 03/24/2021 171 2 that and that was a great suggestion, Deborah. 3 My recollection of the 4 historical record is that these lots were two 5 separate lots. There was 240 Northern Boulevard 6 and then 250 and then 260 Northern Boulevard. 7 And in 2009, when Great Neck Nissan, they 8 applied for a conditional use permit for the 9 conversion of office space to parking, storage, 10 and sales of cars. But that was only pertaining 11 to lot 250, 260. 12 It did not -- what happened 13 two years after Great Neck Nissan's application, 14 the owner of the parcels merged the two lots 15 into one and created the larger one lot, which 16 comprised now of 240 and 250 and 260. And Great 17 Neck Nissan occupied both at the larger lot. 18 And that's when they also built the mezzanine. 19 I believe that the parking analysis should have 20 been done at that point, because for the first 21 time now we were dealing with the larger lot, 22 the larger building, and the larger lot. 23 But the town of North 24 Hempstead did not require it. And as we've 25 seen, usually and even in some instances with 26 this morning's hearings, sometimes the fact that 27 the Town does not require something if somebody 28 -- if there's an oversight or somebody has made 29 a mistake, that does not prohibit us from really 30 examining what should've been done and trying to 31 correct it. And so even though the question 32 wasn't raised in 2009 or in 2011, it should have 33 been brought to us for the question of a parking 34 variance with the larger combined building. 35 So as I see it, the analysis 36 should've been done, but it was never done. 37 When the Applicant filed this petition in 2018, 38 and I believe I said this last time on the 39 record, when the application to file this 40 instant application, we didn't deal with this 41 particular issue because we thought that we were 42 granting what the Applicant had requested and 43 making the other issue moot. 44 But I understand the judge's 45 decision here and I respect it. So I think it's 46 incumbent on us to deal with that question now. 47 And so the question in my mind is whether or not 48 the Town required it? Did it somehow waive its

1 03/24/2021 172 2 right to require it? And I don't think it did 3 and I think that the analysis should have been 4 done then, but that it wasn't done then doesn't 5 mean that we can't do it now. And doesn't mean 6 that we can't attach what we believe are 7 reasonable conditions to the application that is 8 currently before us. 9 MR. FRANCIS: I agree with 10 you. 11 MS. ALGIOS: So Dan, and all 12 of the members, let me just ask this question 13 then, because I think this is part of the 14 judge's decision and a question that he had 15 posed, which is, and in looking at that the 16 historical file, you know, was a determination 17 made from reviewing the historical file, whether 18 or not a conditional use existed on either of 19 those parcels in the past, and the same with 20 variances. 21 MS. WAGNER: They covered 22 what's there now, correct Deborah? In other 23 words, whether there was a condition of use that 24 was in place that covers everything that is 25 there now. 26 MS. ALGIOS: Well, well, I 27 think first you have to say, was there a 28 condition on each parcel, right? And then you 29 have to say, does that conditional use cover 30 what's there now. So I think there's a two-step 31 process. So first, I think you need to look and 32 see that in the history and what was there for 33 each parcel, and then the second question is, is 34 does that carry over and apply to the combined 35 parcel? 36 MS. WAGNER: Uh-huh. 37 CHAIR MAMMINA: So the 38 conditional use again, according to my 39 understanding, was only for 250 and 260, it was 40 not for 240. 41 MR. LEVINE: Nissan. 42 CHAIR MAMMINA: So if we're 43 now talking, right. And so we're no talking 44 about the larger combined 240, 250 and 260, then 45 clearly, the conditional use permit was not for 46 240, did not cover 240. 47 MR. LEVINE: Right. 48 MR. HERNANDEZ: Yeah. I don't

1 03/24/2021 173 2 have any recollection I didn't think it part of 3 the case when it was strictly the Nissan 4 dealership and had previously been whichever car 5 marker it was. 6 MR. LEVINE: So the second 7 question is, should it have been applied to 240? 8 And I think the answer that probably is yes, 240 9 should have been subject to a conditional use as 10 well. There's no way to distinguish, you know, 11 the Nissan dealership from the other. I don't 12 remember the, you know, what the dealership was, 13 but I don't see any reason why we should 14 distinguish between the two. The two-thirds of 15 the combined property now had a conditional use. 16 I think 240 should have. 17 CHAIR MAMMINA: The only other 18 thing that I would add, and I think I alluded to 19 this the last time we met was, if we were to 20 decide otherwise, I could see opening up a whole 21 bunch of mischief, where an owner combining 22 separate lots might somehow argue that a 23 conditional use for one parcel might then be 24 expanded to the larger combined parcel. And 25 that I think would set horrible precedent. I 26 think that, you know, these conditional uses 27 apply to the lots that are the subject of the 28 application, and they should not be expanded 29 without some additional analysis on our part. 30 MS. ALGIOS: So just to back 31 up for a moment to just so I understand. So is 32 what you're saying then that both parcels did 33 have conditional uses? 34 MR. LEVINE: The Nissan 35 parcel. 36 MS. ALGIOS: Had a conditional 37 use, but can you just clarify what you were 38 saying as far as if two-thirds have it? 39 MR. LEVINE: Well, I just 40 think that if two-thirds of the entire, not the 41 entire, but the expanded lot now encompasses 42 240, 250 and 260, and two-thirds of that were 43 subject to a conditional use. I don't see 44 logically why we wouldn't say that that should 45 not be expanded to 240. 46 MS. ALGIOS: So you think it 47 should be expanded? 48 MR. LEVINE: I think it should

1 03/24/2021 174 2 be expanded. 3 MS. ALGIOS: Okay. 4 MR. LEVINE: Now the question 5 of -- 6 MR. HERNANDEZ: I'm sorry, 7 when you say -- 8 MR. LEVINE: -- the 9 limitation, it's not limitation is, you know, 10 that's a different question. Should it be 11 maintained at three years? I don't know, it's a 12 new use. So maybe you should. 13 MR. HERNANDEZ: I'm trying to 14 understand just what you're saying because I'm 15 not fully agree with what you have said. What 16 you're saying is that if two-thirds have a 17 conditional use -- 18 MR. LEVINE: Right. 19 MR. HERNANDEZ: -- it is 20 logical that the other third you also have it. 21 MR. LEVINE: Correct. 22 MR. HERNANDEZ: But that it's 23 not automatic because two-thirds have it that it 24 transfers automatically to the third? 25 MR. LEVINE: No, not at all. 26 MR. HERNANDEZ: That's what I 27 wanted to clarify. 28 MR. LEVINE: No, no, no. 29 MS. ALGIOS: Oh yeah, okay. 30 That's why I was getting confused too last time. 31 MR. LEVINE: Yeah, no, no, no. 32 I wasn't saying that. 33 MR. HERNANDEZ: So what you're 34 saying is that the third, call it the third 35 third for lack of a better word -- 36 MR. LEVINE: Right. 37 MR. HERNANDEZ: -- should also 38 apply for a conditional use? 39 MR. LEVINE: Yes. 40 MR. FRANCIS: All right, so 41 you're actually agreeing with me? 42 MR. LEVINE: Yes. 43 MR. HERNANDEZ: He is agreeing 44 with you. I wanted to make sure to. 45 MR. FRANCIS: Don't worry, I 46 won't tell my wife. 47 MS. ALGIOS: So historically 48 and looking at the file and what was submitted,

1 03/24/2021 175 2 did the Board find that there was a conditional 3 use on the other portion of the property? 4 MR. LEVINE: Which portion? 5 MS. ALGIOS: So Nissan 6 occupied, and I have to refresh my memory, was 7 it the 240 or was it the 250? 8 CHAIR MAMMINA: Nissan was 9 250, 260. 10 MR. LEVINE: 260, yes. 11 MS. ALGIOS: Okay. So did the 12 Board find that 240 had a conditional use 13 historically? 14 MR. LEVINE: No, I don't think 15 so. 16 CHAIR MAMMINA: No, I don't 17 believe so. 18 MR. HERNANDEZ: No, I don't 19 think that was part of the application. 20 MR. LEVINE: No, historically, 21 it did not. 22 CHAIR MAMMINA: So hence, what 23 I was saying before, which is, you know, once 24 the lots were combined, then it really at that 25 point, everything should have -- everything 26 should've applied to the combined property, 27 which was all three addresses 240, 250, 260, and 28 including the parking analysis. And I don't 29 believe that that was ever done on the larger 30 combined 240, 250, 260. 31 MR. HERNANDEZ: No, 100 32 percent correct. The drawings when it came 33 over, I don't have any drawings there, you know, 34 there's a unit out front from Glen that's in 35 there -- 36 MS. WAGNER: No, no, did you 37 look at the end of the -- 38 MR. HERNANDEZ: Yeah, I went 39 down to the bottom? 40 MS. WAGNER: That I just sent. 41 MR. HERNANDEZ: Yeah. The 42 bottom part has an e-mail from Joe. I'll 43 profess I'm no genius at the computer. 44 MS. WAGNER: Yeah. I don't 45 know. I mean -- 46 MR. HERNANDEZ: Okay. 47 MS. WAGNER: -- I'm looking at 48 it right now and. Did I send the wrong file?

1 03/24/2021 176 2 Maybe I sent the wrong file. 3 MR. HERNANDEZ: It says -- 4 MS. WAGNER: 20719. 5 MR. FRANCIS: No, I have 6 21027. 7 MR. DONATELLI: It says 719, I 8 just opened it. What you sent is correct. 9 MS. WAGNER: Okay. 10 MR. DONATELLI: March 27 2019, 11 disapproval. 12 MS. WAGNER: I just sent you 13 an e-mail, so it should have just come in. 14 MR. FRANCIS: All right. Let 15 me let me try again. I may be doing this wrong. 16 MS. WAGNER: All right. Well, 17 there's an easier way to do this, here we go. 18 MR. FRANCIS: Because this is 19 saying it's on Locust Lane, in Roslyn. 20 MS. WAGNER: Where's the plan? 21 MR. FRANCIS: Okay. Here we 22 go. 23 MS. WAGNER: One of the plans, 24 anyway. 25 MR. FRANCIS: Now, I think the 26 question that I have looking at this is where is 27 the corner building? Was there something with 28 streets on it? 29 MS. WAGNER: Wait -- 30 MR. DONATELLI: Go back up to 31 the main floor. The corner of the building -- 32 MS. WAGNER: -- right here. 33 This is the side frame here so this should help 34 you out. 35 CHAIR MAMMINA: Can you expand 36 that a little bit? 37 MS. WAGNER: You mean zoom in 38 or zoom out? 39 CHAIR MAMMINA: Yeah, zoom in. 40 MS. WAGNER: Okay. 41 MR. FRANCIS: Yes, mine says 42 Locust Lane so I don't -- 43 MS. WAGNER: Yeah. I think 44 the -- 45 MR. DONATELLI: I think the 46 second is called Locust Lane. 47 MS. WAGNER: Yeah. They they 48 have different names. But --

1 03/24/2021 177 2 MR. DONATELLI: But that is 3 the driveway coming up to the second floor. 4 MS. WAGNER: Sorry, I didn't 5 mean to do that. 6 MR. HERNANDEZ: It's okay. 7 MS. WAGNER: There we go. 8 Okay. So the building was split somewhere along 9 -- 10 MR. FRANCIS: Right, wasn't 11 the building split. That's how the building was 12 split. 13 MS. WAGNER: Yes, but -- 14 MR. FRANCIS: You couldn't go 15 through the whole block in the original 16 application. 17 MS. WAGNER: No, but then the 18 application that they came to us with had the 19 building as combined. 20 MR. FRANCIS: Yes. 21 MS. WAGNER: So if you look 22 at, so this is the site plan, but if you look at 23 the actual building, that's, I think the split 24 might have been somewhere along here, this line. 25 MR. FRANCIS: I think it's 26 right there. Yeah. 27 MS. WAGNER: And that was the 28 westerly part and then the easterly part. 29 MR. FRANCIS: Right. You even 30 see steps going between one and the other when 31 they probably were not at the same, the floors 32 are not at the same elevations. You see a 33 single door going through a thick wall which was 34 probably a masonry wall, concrete block. 35 MS. WAGNER: Yeah. And then 36 they added a mezzanine in 2000, I think it was 37 2011, maybe they added the mezzanine; is that 38 correct, Deborah? 39 MS. ALGIOS: I'm sorry, Ginny, 40 repeat that. I was just looking at something. 41 MS. WAGNER: I think it's in 42 2011, they added a mezzanine. 43 MS. ALGIOS: Yes, in 2011 was 44 when they applied for a building permit to the 45 mezzanine. 46 MS. WAGNER: And I believe 47 that was the time that the buildings were 48 combined.

1 03/24/2021 178 2 MS. ALGIOS: Correct. 3 MS. WAGNER: Well, not the 4 buildings, I'm sorry, the properties were 5 combined. 6 MS. ALGIOS: Correct. 7 MS. WAGNER: So -- 8 MS. ALGIOS: That was the time 9 where they also, they knocked down, you know, 10 some of the walls and they made it into one 11 building. 12 MS. WAGNER: Right, so they 13 applied for building permits and at that time 14 they were not, it was not cited for the, for 15 what they came to us for in 2018. And here's, 16 we'll go back to the site plan, this is the site 17 plan. So this storage area, this outside 18 parking storage area was not shown on any prior 19 plans other than the, you know, that had been 20 approved by the Board. 21 MR. FRANCIS: Wonder why they 22 have hatches on the car. One has the dark gray 23 shading and the other has light hatch -- oh, I 24 see this that's because -- 25 MS. WAGNER: Because that's -- 26 MR. FRANCIS: -- the roofs 27 have -- 28 MS. WAGNER: -- that's the 29 parking area. So the light spaces are the -- 30 MR. FRANCIS: That's the 31 customer parking -- 32 MS. WAGNER: -- customer 33 parking -- 34 MR. DONATELLI: Customer 35 parking the other one is basically storage. 36 MR. FRANCIS: Yeah. Okay. 37 Got it. Now is the question whether or not we 38 granted them that the last time that they came, 39 or whether or not that was there in previous 40 application and we granted it then, or none of 41 the above? 42 MS. ALGIOS: So I mean, so you 43 granted them the parking variance, but the 44 conditional use is just, and remember, the 45 conditional use is not to the auto-dealership. 46 The auto-dealership can exist there. 47 MR. FRANCIS: Right. 48 MS. ALGIOS: The conditional

1 03/24/2021 179 2 use is to the parking and storage of vehicles -- 3 MR. HERNANDEZ: Vehicles. 4 MS. ALGIOS: -- right. So his 5 claim, so the Lexus is claiming that as of 6 right, they could store vehicles for sale in 7 that lot. So the question is then, well, you 8 know, when something changes because if your 9 storing vehicles there, right this is not, you 10 know, this is not acres and acres of property, 11 right. You have a finite lot. 12 So how many cars, or how many 13 vehicles are being stored there? The Building 14 Department has to look at all of that. So when 15 there's a change, you know, when it comes back 16 before the Building Department and they look at 17 that, they have to determine how many, you know, 18 spaces can be used for parking. And how many 19 could be used, if there are going to be spots 20 used for storage, well then a conditional use 21 must be given for that. 22 And it's up to, you know, the 23 BZA to determine, you know, whether or not 24 that's appropriate. So this, what I'm showing 25 on the screen right now, is a appeal number 26 18592, where a conditional use was issued for 27 the conversion of second floor offices in the 28 commercial building for parking, storage, and 29 sale of automobiles for 250 and 260 Northern 30 Boulevard. 31 This was given before the 32 building was combined. Before the two 33 properties were combined. And the plan 34 associated with this decision shows a parking 35 area with parking spaces. There's no outdoor 36 storage of automobiles associated with that 37 plan. 38 MR. LEVINE: That was the 39 question I was asking. 40 MS. ALGIOS: Yeah. 41 MR. LEVINE: So what did that 42 plan show 11 years ago? 43 MS. WAGNER: And it says 44 granted of the dimension and in the location as 45 shown on drawing submitted with the application. 46 Those drawings show a parking area, just parking 47 spaces, nothing stored or, you know, indicated. 48 Which according to the Building Department,

1 03/24/2021 180 2 means that all of those spaces available for 3 customer parking. 4 MR. DONATELLI: They did not 5 have the shading like this other plan had -- 6 MS. WAGNER: Exactly. 7 MR. DONATELLI: -- some to be 8 storage and some to be parking. 9 MS. WAGNER: Exactly. And I 10 believe that that is why this plan is as clear 11 as it is and -- 12 MR. LEVINE: It has an 13 extraordinary number of parking spaces just for 14 customers though. How many parking spaces are 15 we talking about? If we total up the parking 16 spaces for inventory and customers -- 17 CHAIR MAMMINA: It's on the 18 bottom there. 19 MR. DONATELLI: Yes, they have 20 one, two, three, four, five, six, seven, eight, 21 nine,ten,11,12 parking spaces. If you look at 22 the sales desk, in the floor plan, there are 23 more sales desks than those 12. If you look at 24 one of the other of the sales, you know, the 25 floor plans with the -- so even if each person 26 came alone, was one customer alone, you have 27 more than 12. 28 CHAIR MAMMINA: Yeah, but I do 29 recall also in the course of the hearing that 30 the Applicant stated that their sales model was 31 a little bit different, that they really didn't 32 rely so much on people walking into the showroom 33 the way the Nissan dealership did. 34 MR. DONATELLI: That's 35 correct. 36 CHAIR MAMMINA: So there were 37 some mitigating factors in -- 38 MR. DONATELLI: And they 39 delivered to compliance and everything else, 40 that's correct. 41 CHAIR MAMMINA: But getting 42 back to David and Virginia's initial comments 43 again, the Building Department never analyzed 44 previously what we're being asked to analyze 45 now. So the question is, shouldn't that be 46 analyzed? And now that it's finally before us, 47 because it was never before us as a combined 48 lot, the decision that we now have before us

1 03/24/2021 181 2 applies specifically to 250 and 260, not to 240. 3 MR. FRANCIS: It's so weird it 4 came through on my phone, but not my computer. 5 I have it on my phone. It's so crazy. It 6 didn't even come through on the e-mail. 7 MR. DONATELLI: Look in your 8 trash folder. 9 CHAIR MAMMINA: Yeah, junk or, 10 yeah. 11 MR. FRANCIS: And I think that 12 is, you know, the crux of it and I don't, I just 13 don't think that that corner was there before. 14 CHAIR MAMMINA: You know, I am 15 mindful of the fact that the Applicant is making 16 a huge investment here and that the Applicant 17 would like to have some certainty with this 18 application. But there is value in having the 19 Building Department and the Board of Zoning and 20 Appeals examine these plans. And frankly, they 21 were not before us previously in the 2011 22 application, 2009 application. 23 MS. ALGIOS: I think the 24 Applicant was saying, I think their argument was 25 that cars were always stored at these two sites, 26 and therefore that right should continue because 27 they always stored them there. So as of right, 28 they should be able to store the vehicles there. 29 That's, I think that's the crux of the 30 Applicant's argument. 31 MR. FRANCIS: Now in the 32 disapproval, because I just sent it from my 33 phone to here, for a disapproval it did say 34 storage of automobiles, yes? That's a question 35 point. 36 MS. WAGNER: Well, Lexus isn't 37 -- 38 MR. FRANCIS: For Lexus. 39 MS. WAGNER: Yes. 40 MR. FRANCIS: So if we granted 41 the whole application, and I guess we granted 42 those spaces down at that end, but that still 43 doesn't speak to the corner though. 44 CHAIR MAMMINA: Well, my 45 understanding is that the Applicant is taking 46 exception to the fact that we placed a 47 three-year limitation on it. So yes, while we 48 thought we were granting the variances, and the

1 03/24/2021 182 2 Court and the Applicant both wanted us to 3 consider the argument that it was a previous 4 use. 5 MS. WAGNER: So basically so I 6 laid out for you what the Applicant is arguing 7 and what their position is. What the Building 8 Department, their position is that you may have 9 a condition -- there may be a conditional use, 10 but every time there's a change you have to look 11 at that again to see whether that conditional 12 use can continue. 13 So in this instance, the 14 Building Department said there was a change and 15 so the conditional use doesn't just continue 16 automatically. You have to, it may continue if 17 things didn't change that much, maybe it would 18 continue, but the Building Department here, 19 their position was the change was substantial 20 and required basically, a re-look. You had to 21 look back to see whether the conditional use 22 should continue. 23 MR. LEVINE: I agree with you. 24 MR. DONATELLI: And the change 25 was the mezzanine wall. 26 MS. WAGNER: The change was 27 the -- yes and the addition of the mezzanine 28 level. 29 CHAIR MAMMINA: Yeah, I didn't 30 think those were substantial -- 31 MR. FRANCIS: Substantial, 32 yes. I think that -- 33 MS. WAGNER: And the storage 34 of the vehicles outside because that was 35 different from -- 36 MR. FRANCIS: That's what I'm 37 saying. Is that different than the original one 38 that's the -- 39 MS. WAGNER: So the 40 conditional use that was granted that you 41 referred to, 2009, that was a conditional use 42 for the indoor storage. That was for the indoor 43 storage. And the plans that were submitted 44 showed outdoor parking. Now when they were 45 stored there they may have been stored in those 46 parking spots, but the plans that were approved 47 showed parking for employees and customers. It 48 just, they were regular parking spots you --

1 03/24/2021 183 2 MR. FRANCIS: Right. 3 MR. DONATELLI: Now, they are 4 clearly marked as being storage. 5 MS. WAGNER: Yes. 6 MR. FRANCIS: Yes. 7 MR. DONATELLI: So there's a 8 significant change there. 9 MR. FRANCIS: Yeah, between 10 that and all of that, you know, and I know it's 11 not necessarily on topic, but in that hearing, 12 we had a lot of neighbors as I remember that 13 came out. You know, and I think the Board 14 became very focused on what all of the neighbors 15 said which is like you look at that decision, it 16 talks about no windows, you know, in the back. 17 What streets you can drive on, you know, those 18 kinds of things. MR. 19 HERNANDEZ: Noise levels -- 20 MR. FRANCIS: Air conditioning 21 equipment -- 22 MR. HERNANDEZ: -- and not 23 only that the outdoor speakers and the, you 24 know, the paging systems that Nissan use. 25 Apparently, Nissan was not a good corporate 26 neighbor. 27 MR. FRANCIS: Right. 28 MR. DONATELLI: No. 29 MR. HERNANDEZ: And the 30 neighbors had had bad memories from that. 31 CHAIR MAMMINA: We also know 32 that the parking, the storage of new cars is a 33 real issue in the town of North Hempstead. 34 MR. FRANCIS: Absolutely. 35 CHAIR MAMMINA: And this is 36 something that has just become quite evident 37 that dealerships are forever looking for places 38 to store their inventory. 39 MR. FRANCIS: It's a huge 40 problem. Yes, if you go to Roosevelt Field, all 41 of their outer parking areas where no one really 42 parks, are filled with cars. 43 MR. DONATELLI: Except for 44 Christmas time. 45 MR. FRANCIS: Right, except 46 for Christmas time. Go to, what is it at 47 Belmont -- 48 MR. DONATELLI: Delmont?

1 03/24/2021 184 2 MR. FRANCIS: Belmont. 3 Filled, Belmont is filled with cars. 4 MR. LEVINE: There's a whole 5 lot between Hicksville and Westbury, you know, 6 West John Street -- 7 MR. FRANCIS: Yes. 8 MR. LEVINE: It must have a 9 thousand cars in it. 10 MR. FRANCIS: Yes. 11 MR. LEVINE: And actually, I 12 believe it's a, I think it's a Nissan lot. I 13 think those are Nissan cars. 14 MR. HERNANDEZ: There is or 15 there was a Nissan store in that part of -- 16 MR. LEVINE: Yeah, Old Country 17 Road. 18 MR. FRANCIS: Old Country 19 Road, yeah. 20 MS. ALGIOS: So it sounds like 21 as far as the historical record that, and 22 correct me if I'm wrong, but so it was 23 determined that on one of the parcels, there was 24 no conditional use to store vehicles. And on 25 the other parcel, there was a conditional use 26 and that's that 2009 decision which granted 27 indoor storage of vehicles. 28 MR. FRANCIS: I remember the 29 indoor storage, that's very specific. 30 MS. ALGIOS: Is that correct 31 or am I -- 32 MR. FRANCIS: I believe that 33 to be correct, yes. Indoor only in terms of 34 what the subject of the application was. 35 Doesn't mean that they didn't, again, from my 36 recollection, you know, 11 years ago, it doesn't 37 mean that they didn't show spaces outside. I 38 just don't think that they were marked you know, 39 the way that they're marked now on the 40 applications. 41 MS. WAGNER: So you're saying, 42 Chairman, they may have stored cars? 43 MR. FRANCIS: They probably 44 did have cars out there, yeah. 45 MS. WAGNER: Okay. Well, so 46 that's important. I mean, you know, because 47 again, I mean, you know, we're trying to get it 48 right. So are you saying that historically then

1 03/24/2021 185 2 on that other site, there may have been a 3 conditional use because they were stored cars 4 there for years. 5 MR. FRANCIS: I'm going to try 6 and Google now because you can Google 7 historically -- 8 MR. HERNANDEZ: That was 9 stretching it, just because someone is doing 10 something, it doesn't mean that you have the 11 right to do it. I mean, if you show 20 parking 12 spaces and it gets approved, that's 20 parking 13 spaces. And then they decide to throw ten cars 14 at it without license plates, and effectively 15 just leave them there for storage, it doesn't 16 make it right that they have the right to do 17 that just because they did it. So I don't think 18 you can just go back and say because it's always 19 been done. 20 CHAIR MAMMINA: Right. And 21 then as we just said also in 2011, there was a 22 significant change with the construction of the 23 mezzanine with the combination of the two, of 24 the three lots, or the two lots into one. So I 25 think that would've triggered a new analysis in 26 either event regardless of whether or not it did 27 exist previously. 28 MR. FRANCIS: This is very odd 29 but what I'm seeing right now on Google Earth 30 there are no cars out there at all. I've got it 31 here, Lexus. 32 MR. DONATELLI: You mean 33 today? 34 MR. FRANCIS: I'm just looking 35 at the Google Map. I'm trying to find out where 36 they tell you what year it is. 37 MR. DONATELLI: Lower 38 right-hand corner. 39 MS. WAGNER: Down at the 40 bottom, on the right. Yeah, I think if that's 41 the one that if you look at it, depending on the 42 view, if you keep like walking down the street, 43 the building changes. Like, it's two different 44 stages of the building construction. Just to 45 let you know, Deborah, our Court Reporter, has 46 to leave by probably like a little bit after 47 five, so -- 48 MS. ALGIOS: Okay.

1 03/24/2021 186 2 MS. WAGNER: We need to -- 3 MS. ALGIOS: Well, I mean, 4 we'll get to wherever, you know, we can get to. 5 MS. WAGNER: Yeah. 6 MS. ALGIOS: See if we can 7 continue once the Court Reporter has to log off. 8 But, so I don't know, how does the Board feel? 9 Are you ready to make a decision on this; do you 10 need more time? 11 MR. FRANCIS: What would be 12 the ramifications of our decision? 13 MS. ALGIOS: Well,-- 14 MR. FRANCIS: In other words, I 15 guess what I'm asking is, if this is going to 16 really turn into some tumultuous something or 17 other, you know, I would want to protect the 18 Town from that and be absolutely certain. 19 MS. ALGIOS: No, first of all 20 that should absolutely not come into your 21 decision-making. That should absolutely not 22 come into your decision-making. 23 MR. FRANCIS: Okay. 24 MS. ALGIOS: Your decision 25 should be just based on the record, looking at 26 the historical record and whether or not they 27 will require to come before the Board seeking 28 you know, for a conditional use and the 29 variances or not. That's all that you know, you 30 should concern yourself about. So -- 31 MR. FRANCIS: But then I -- 32 MS. ALGIOS: -- if the Board 33 decides that yes, they will require to come to 34 us for a conditional use permit and the 35 variances, then that's the decision. So then 36 what the prior decision then would stand. If 37 the Board decides no, that they, you know, 38 looking back, they did not have to come to us 39 for the conditional use permit and variances, 40 then we would have to revise the last decision 41 that was granted. MR. 42 FRANCIS: All right, you know, only because I'm 43 a drawings guy, you know, and, you know, for me, 44 I see Jay is laughing because he's a drawings 45 guy too. I would like to see the drawings from 46 2009 from 2011 and then these, you know, and you 47 know, and compare them -- 48 MR. HERNANDEZ: How they

1 03/24/2021 187 2 differ. 3 MR. FRANCIS: -- side-by-side 4 and see what was on those drawings. 5 MR. HERNANDEZ: I would sit 6 next to you and do it together with you. 7 MR. FRANCIS: Yeah, because as 8 I said to the guy, it would be big, you know, we 9 live and die you know, by what we draw on, but 10 it's the plans, how do you say -- 11 MR. HERNANDEZ: And drawings 12 don't lie. 13 MR. FRANCIS: You know that's, 14 because to me, that's conclusive. You know, 15 nobody can argue about interpretation. If the 16 drawing shows something and labels it or 17 something, then it is. If it doesn't, you know, 18 then it doesn't, you know. It's not [inaudible] 19 Do we have a, not that I want 20 to drag anything on, believe me. But do we have 21 any time limit you know, on this, you know, and 22 if we do, can we gather the, you know, the 23 drawings up? I know, I mean, I come down to the 24 Zoning Board office and, you know -- 25 MS. ALGIOS: You know -- 26 MR. FRANCIS: -- look at it 27 there or am I overreaching? 28 MS. ALGIOS: Well, I have to 29 actually, and I'm not going to say that you 30 can't look at them, I just have to look into 31 that a little bit because since those drawings 32 weren't before you, and so technically they're 33 not part of the record, I don't know if you have 34 the right to look at them. And if it helps you, 35 you know, we may get consent from Mr. Limmer 36 (phonetic) you know, for you to look at them, if 37 it is an issue. So I'm going to have to just 38 look into that a little bit. 39 MR. FRANCIS: Yeah, but like I 40 say, they're the history. You know, and I don't 41 know -- 42 MR. DONATELLI: We've been 43 asked to look at the history, we need to look at 44 the history. 45 MR. FRANCIS: Right, and look 46 at the history. 47 MS. WAGNER: Deborah -- 48 MS. ALGIOS: Yes.

1 03/24/2021 188 2 MS. WAGNER: -- the appeal 3 though, I think the number was 18562 or whatever 4 that appeal number was, the conditional use that 5 was given back in 2009, the drawings affiliated 6 with that decision. So would that not 7 technically be considered part of the record? 8 MS. ALGIOS: Well, the reason 9 why I'm thinking it may not be an issue is 10 because it's Town records. So I think that you 11 may be able to just as a right, be able to look 12 at the Town's own records. I just don't want to 13 say 100 percent now just because I'm not 100 14 percent. 15 MR. FRANCIS: So I just want 16 to make sure we doing the right, that we're 17 doing the right thing. That we're being 18 comprehensive. 19 MS. ALGIOS: No, I appreciate 20 that. And I really, look, and I said this at 21 the last hearing, this is not easy. This is not 22 easy. And -- 23 MR. FRANCIS: Yeah. 24 MS. ALGIOS: -- you know, I 25 think everyone here involved will acknowledge 26 that including you know, Mr. Limmer, and it's 27 not easy. And I appreciate what you are trying 28 to do the right thing and you know, make the 29 right decision. So, you know, if you don't feel 30 comfortable yet, 100 percent making a decision 31 today, then we should hold off again to the next 32 -- until the next hearing, which is April 7th. 33 MR. FRANCIS: Okay. And if we 34 can pull those drawings you know, we get them 35 together and Jay, I will gladly, sit with you -- 36 MR. HERNANDEZ: Yeah, let me 37 know when you're at home and I'll meet you 38 there. 39 MR. FRANCIS: Yeah. 40 MR. HERNANDEZ: Two sets of 41 eyes looking at it together -- 42 MR. FRANCIS: Yeah. 43 MR. HERNANDEZ: You can see 44 more. 45 MR. FRANCIS: Yeah. 46 MS. ALGIOS: Okay. 47 MR. FRANCIS: I mean, that's 48 the way my brain works.

1 03/24/2021 189 2 MS. ALGIOS: Okay. So why 3 don't we continue this then till April 7th. 4 MR. FRANCIS: And just 5 whatever it's worth I, you know, I took a look 6 at the street view and the street view was when 7 everything was under construction. That's what 8 there were no, there were no cars. Okay. And 9 then Virginia, without putting any, you know, 10 any burden on you, maybe you can have Mike, you 11 know, pull those or you know, whomever you know, 12 so that we can see those and you know, then you 13 know, we can -- 14 MS. WAGNER: Yes, If Deborah 15 -- 16 MR. FRANCIS: -- if Deborah 17 says it's okay. 18 MS. WAGNER: -- if she says 19 it's okay we will -- 20 MS. ALGIOS: Yes, I will get 21 back to everyone on that. 22 MR. FRANCIS: Okay. 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48

1 03/24/2021 190 2 MS. WAGNER: So now we need to 3 expedite a little bit because, well first of 4 all, let's adopt SEQRA for today's hearing. 5 MR. FRANCIS: That's what we 6 usually do. 7 MS. ALGIOS: Member Levine, 8 would you like to do that for the last. 9 MR. LEVINE: I just did that. 10 MR. HERNANDEZ: He just did 11 it. 12 MS. ALGIOS: Okay. 13 MR. LEVINE: That does it 14 downstairs. 15 MS. WAGNER: Who's going to 16 second it? 17 MR. HERNANDEZ: Second. 18 MS. WAGNER: Jay. 19 MS. WAGNER: Member Levine. 20 MR. LEVINE: Aye. 21 MS. WAGNER: Member Francis? 22 MR. FRANCIS: Aye. 23 MS. WAGNER: Member Donatelli? 24 MR. DONATELLI: Aye. 25 MS. WAGNER: Chairman Mammina. 26 CHAIRMAN MAMMINA: Aye. 27 MS. WAGNER: Okay. And also 28 we might as well -- 29 MR. LEVINE: Can we do, from 30 today's calendar, is there a reason why we can't 31 decide, I think it's this case on Mineola 32 Avenue, it's not going to get better with age. 33 MR. FRANCIS: No, I think we 34 -- MS. WAGNER: Before we 35 do that, can we just adopt the calendar change 36 from -- okay, now I have to remember what 37 changed. Deborah, do you have that on your 38 summary sheet. I believe it was from -- 39 MS. ALGIOS: Yes, it's from 40 October 27th. 41 MS. WAGNER: Okay. 42 MS. ALGIOS: To October 20th. 43 MS. WAGNER: So we're changing 44 the date of the October 27th hearing, that will 45 no longer have a hearing on that date. It'll be 46 October 20th. 47 Member Levine. 48 MR. LEVINE: Aye.

1 03/24/2021 191 2 MS. WAGNER: Member Francis? 3 MR. FRANCIS: Aye. 4 MS. WAGNER: Member Donatelli? 5 MR. DONATELLI: Aye. 6 MS. WAGNER: Chairman Mammina. 7 CHAIRMAN MAMMINA: Aye. 8 MR. LEVINE: Aye, as in I 9 don't care. 10 MS. WAGNER: All right. So 11 which one are you referring to David? 12 MR. LEVINE: 21016, I mean, 13 it's a Roslyn case. So I figured, you know, 14 before I -- 15 MS. WAGNER: Mineola Avenue. 16 MR. LEVINE: I mean, there's 17 nothing it's going be offered on this case that 18 we don't know. I mean, it's a grant, in my 19 humble opinion. 20 MR. FRANCIS: You mean like a 21 presidential pardon on this or -- 22 MS. ALGIOS: This converting 23 the retail space to office space. 24 MR. LEVINE: And if they curse 25 everyone, they can curse me but, I won't be here 26 anymore. 27 MR. HERNANDEZ: What was that 28 number again? 29 MR. LEVINE: It was on today, 30 21016. 31 MS. WAGNER: 21016, 43-53 32 Mineola Avenue. 33 MR. HERNANDEZ: Yep, I'm good 34 with that one. 35 CHAIR MAMMINA: Yes, I also 36 felt like that didn't present a huge problem. 37 MR. LEVINE: All right. Mr. 38 Chairman, my, oh, you have to call it in first, 39 I'm sorry. 40 MS. WAGNER: Okay. It's 41 appeal number 21016 43-53 Mineola Avenue, LLC. 42 43-53 Mineola Avenue, Roslyn Heights Section 7, 43 Block 4, Lot 350, in the Business-B Zoning 44 District. 45 MR. FRANCIS: Appeal 21016, do 46 we have a motion on that? 47 MR. LEVINE: Yes, Mr. 48 Chairman, with regard to this application, I

1 03/24/2021 192 2 would note that there are certain things no 3 matter what we do, it's going to be a bad 4 situation. Because of planning, way back before 5 any of us were probably born, you had all of 6 Mineola Boulevard, Mineola Avenue is commercial 7 and there's no buffer between that and the 8 residential that goes both east and west for 9 either side. It's just the way it is. 10 The fact of the matter is that 11 I find parking over there to be worse at night, 12 believe it or not, than during most times. 13 Because that's when people going to restaurants 14 over there and then I could never get parking. 15 During the day I've never had, I've rarely had a 16 problem. 17 MR. DONATELLI: There's a 18 little space -- 19 MR. LEVINE: One of the folks 20 who spoke to us, folks waiting for work, they're 21 referring, there are a certain number of 22 transient workers who hang out in front of 23 Willis Paints, which is right next door, which 24 is not a subject to this particular application. 25 MR. FRANCIS: Right. 26 MR. LEVINE: You know, it's 27 just been a fact of life in front of Willis 28 Paints as long as I've lived in Roslyn. But it 29 has nothing to do with this particular 30 application. I don't think any of them drive 31 there any way. I believe this is a good use of 32 this particular property given what's going on. 33 And quite frankly, I believe 34 we will have a lesser traffic impact than they 35 had six commercial establishments all open at 36 the same time. Therefore, I move we grant the 37 application. 38 MR. FRANCIS: We have a 39 motion, do we have on a second? 40 MR. HERNANDEZ: Second. 41 CHAIR MAMMINA: Second. 42 MR. FRANCIS: Mr. Hernandez 43 beat you. Please poll the Board. 44 MS. WAGNER: Member Hernandez. 45 MR. HERNANDEZ: Aye. 46 MS. WAGNER: Member Donatelli. 47 MR. DONATELLI: Aye. 48 MS. WAGNER: Member Levine.

1 03/24/2021 193 2 MR. LEVINE: Aye. 3 MS. WAGNER: Vice Chairman 4 Francis. 5 CHAIR MAMMINA: Aye. 6 MS. WAGNER: Chairman Mammina. 7 MR. FRANCIS: Aye. The 8 application is approved. 9 MR. DONATELLI: Has the group 10 pulled out of the last one, David, and move it 11 and then vote against it. 12 MR. FRANCIS: I vote against 13 it. 14 MR. DONATELLI: Only Paul can 15 do that. 16 MS. WAGNER: That's pretty 17 funny. MR. FRANCIS: That was 18 funny. 19 MR. DONATELLI: He changed his 20 mind in the middle of it. 21 MR. FRANCIS: Yes, after five 22 hours of discussion. 23 MS. WAGNER: Before we revisit 24 any of the other appeals from today, we have the 25 application where they sent the revised plans 26 that had been marked up by the recommendations 27 by the Chairman, appeal number 20943, 12, Howard 28 Court, in Carle Place. 29 MR. FRANCIS: Okay. 30 MR. HERNANDEZ: I'm sorry, can 31 you repeat the number? 32 MS. WAGNER: 20943, and I'll 33 read it into the record if you're ready to make 34 a decision. 35 MR. FRANCIS: One second. I 36 just want to bring the drawing up again. You 37 know, I'm not finding that drawing, when did you 38 send that to us? I know I saw it. 39 MS. WAGNER: A few days ago. 40 MR. FRANCIS: Yeah. 41 MS. WAGNER: Let me -- 42 MR. FRANCIS: There's a lot of 43 stuff. 44 MS. WAGNER: Hold on. I'll 45 bring it up. 46 MR. FRANCIS: I saw this 47 morning the perfect house, that would be the 48 example of what it would look like if they

1 03/24/2021 194 2 didn't do anything else to it. 3 MR. LEVINE: Where was that? 4 MR. FRANCIS: What's that, 5 where was it? 6 MR. LEVINE: Where's this? 7 MR. FRANCIS: It was within 8 New Hyde Park. And it looked like if somebody 9 came down the roof on skis, their skis would hit 10 the ground, the front of their skis would hit 11 the ground before the back was off the roof. 12 MR. LEVINE: Like a Swiss 13 chalet? 14 MR. FRANCIS: Yes. 15 MR. DONATELLI: Except Swiss 16 chalets were meant to not hold any snow on the 17 roofs that's why it was designed that way. Not 18 to put the snow on the front door. 19 MS. WAGNER: Okay. I'm 20 sharing screen of the new elevations. 21 MR. FRANCIS: There you go. 22 I'm okay. I personally would've made a little 23 jump here, but, you know, I don't feel, you 24 know, they just needed to break up the mast 25 which they, you know, which they did. That's 26 fine. That's what you get when you don't use a 27 real architect, that's what you get. I don't 28 mean to sound snooty, if you go to a drafting 29 service you get a drafting service. 30 MR. LEVINE: Looks like it was 31 done on a 1980s computer. 32 MR. DONATELLI: They would 33 need a lot of snow cleats at the end of that to 34 keep the snow from just sliding. 35 MR. FRANCIS: Yes, that's for 36 sure. 37 CHAIR MAMMINA: They're still 38 just building straight up, right, they're still 39 not changing the footprint? 40 MR. LEVINE: No. 41 MR. FRANCIS: No, they're not 42 changing the footprint. 43 CHAIR MAMMINA: Okay. Sorry, 44 could you go back to those plans again, Ginny, 45 I'm sorry. Sorry, I know it's late. 46 MS. WAGNER: Okay. Let's see. 47 Oh no, you know what, I just -- hold on. 48 CHAIR MAMMINA: I'm sorry.

1 03/24/2021 195 2 MS. WAGNER: No, no, no, no. I 3 found them. I found them hold on. There we go. 4 CHAIR MAMMINA: The right 5 elevation, proposed right elevation, that's the 6 one on top. 7 MR. HERNANDEZ: That's the 8 rear elevation, not right. 9 MR. FRANCIS: The one that's 10 on the right-hand side, is the rear. He had 11 those wrong but he fixed them. 12 CHAIR MAMMINA: Right. 13 MR. FRANCIS: The one on the 14 right-hand side is the rear elevation when you 15 see like sliding glass doors. 16 MR. HERNANDEZ: Right. 17 CHAIR MAMMINA: Yeah. 18 MR. FRANCIS: And then the 19 right elevation, you see the doghouse dorm or 20 projecting -- 21 CHAIR MAMMINA: Right. 22 MR. FRANCIS: -- you know, from 23 the side and then in the front and then you it 24 kind of blends in with the -- 25 MR. LEVINE: It's the mobile 26 that you see in the front. 27 MR. FRANCIS: Yeah. 28 CHAIR MAMMINA: Okay. I'm 29 satisfied, I'm prepared to vote. Thank you. 30 MS. WAGNER: Let me read it 31 the record. Appeal number 20943, Nicholas and 32 Amanda Abel. That's A-B-E-L, 12 Howard Court, 33 Carle Place, Section 9, Block 468, Lot 50, and 34 the Residence-C Zoning District variance from 35 70-51.A to construct additions too close to the 36 side property line and with total side yards 37 less than required. 38 MR. FRANCIS: You heard appeal 39 number 20913, do we have a motion regarding that 40 application? 41 CHAIR MAMMINA: Mr. Chairman, 42 I'll make a motion, they are not expanding on 43 the footprint of the house. It is a 44 preexisting, non-conforming, they are just 45 building straight up and they have revised the 46 plans to lessen the impact, the visual impact. 47 So I make a motion that we grant the application 48 as amended.

1 03/24/2021 196 2 MR. FRANCIS: Okay. We have a 3 motion do we have a second? 4 MR. LEVINE: Second. 5 MR. FRANCIS: Seconded -- 6 MR. LEVINE: Mr. Levine, 7 before he leaves. 8 MR. HERNANDEZ: Mr. Levine 9 before he leaves, there you go. The honorable 10 Mr. Levine. 11 CHAIR MAMMINA: How many 12 breaks he's getting today? 13 MR. FRANCIS: What say you -- 14 CHAIR MAMMINA: Breaks for -- 15 MR. FRANCIS: -- is what Judge 16 Berman would say. He was judge for two weeks. 17 MR. LEVINE: I didn't work 18 that hard not to be called your judge -- Judge 19 for six months who went to the Supreme Court 20 Justice inaudible) 21 MS. WAGNER: Okay, so the next 22 one is -- 23 MR. LEVINE: Poll the Board. 24 MS. WAGNER: Oh, wait. I'm 25 sorry. Member Hernandez. 26 MR. HERNANDEZ: Aye. 27 MS. WAGNER: Member Donatelli. 28 MR. DONATELLI: Aye. 29 MS. WAGNER: Member Levine. 30 MR. LEVINE: Aye. 31 MS. WAGNER: Vice Chairman 32 Francis. 33 CHAIR MAMMINA: Aye. 34 MS. WAGNER: Chairman Mammina. 35 MR. FRANCIS: Aye. The 36 application is granted as amended. 37 38 39 40 41 42 43 44 45 46 47 48

1 03/24/2021 197 2 MS. WAGNER: The next one is 3 appeal number 20981 Gignesh Gandhi, 928 North 4 Second Street, New Hyde Park Section 8, Block 5 13, lot 73, in the Residence-C Zoning District. 6 Variances from 70-49(B) and 70-50.A to legalize 7 a second-story addition that creates a home 8 which is too large and is located too close to a 9 front property line. There were some questions 10 about the brick reduction, et cetera. It was 11 determined that the Building Department does not 12 take -- 13 MR. FRANCIS: They don't do 14 that anymore? 15 MS. WAGNER: And then the 16 attorney had said, because he had reached out to 17 get some additional information. I think he 18 said he wasn't able to or he didn't find 19 anything or he wasn't planning on sending 20 anything else in so -- 21 MR. FRANCIS: What's the 22 number again, Ginny, I don't have that -- 23 MS. WAGNER: 20981. 24 MR. DONATELLI: 20981. 25 MR. FRANCIS: One second 26 because I put those all together. 27 MS. WAGNER: That was from the 28 January 20th, hearing. 29 CHAIR MAMMINA: This was the 30 one where the garage was in over 300 square feet 31 so it counted toward the floor area. 32 MR. LEVINE: I'm sorry on the 33 January 20th? 34 MS. WAGNER: Let me -- 35 MR. LEVINE: Because I don't 36 see it. I'm sorry, here it is. Got it, sorry, 37 my mistake. 38 MR. FRANCIS: I have 20992. 39 MR. DONATELLI: Yeah, it's at 40 the bottom of the page. 41 MR. FRANCIS: I have it 42 January 17. 43 MS. WAGNER: Okay, I'm going 44 to bring up the plans so everybody knows. 45 MR. DONATELLI: Excuse me. 46 MS. WAGNER: Bless you. Here 47 you go. 48 MR. FRANCIS: These are really

1 03/24/2021 198 2 ugly. 3 MR. DONATELLI: Yeah, this is 4 one where they added the front over the front? 5 MS. ALGIOS: Yes. 6 MR. FRANCIS: Look at how flat 7 the roof is. 8 MR. DONATELLI: Yeah, somebody 9 stepped on it, like somebody squashed it. 10 MR. LEVINE: I was all right 11 with this one. I thought that was a lot of 12 coverage issues but we solved that problem. 13 This is the guy he bought the house at a 14 foreclosure? 15 MR. DONATELLI: Yes. 16 MR. LEVINE: My notes, say I'm 17 okay with it. 18 MR. FRANCIS: That's what you 19 get when you have an engineer do the house for 20 you. 21 MR. LEVINE: Well, foreclosure 22 you don't know what the hell you can inspect 23 anyway, they have those -- 24 MR. FRANCIS: That's really 25 true, you really don't know. 26 MR. LEVINE: It's basically a 27 quick claim deed. 28 MR. FRANCIS: Yes. It's not 29 going to go away so -- 30 MR. LEVINE: When you buy it, 31 when you plan on gutting it and starting again. 32 MR. FRANCIS: Yeah. The 33 stakes are -- 34 MR. LEVINE: If you're savvy, 35 it makes sense. I know plenty of people who are 36 savvy and know exactly what do, but a 37 residential person, I think you're playing with 38 fire when you start buying foreclosures, to live 39 there. 40 MR. FRANCIS: Yeah. 41 MR. LEVINE: I've seen more 42 than one person burn. 43 MR. FRANCIS: I've got one 44 client that's all he does, buys and flips, buys 45 and flips. 46 MR. LEVINE: I remember, I did 47 one in Queens way back when like in 2008, they 48 bought some house that was on Sutphin Boulevard,

1 03/24/2021 199 2 and they paid like, 600,000 and something for 3 this house. And I said to him I said, is there 4 oil under the ground. He said what do you mean, 5 it's a lovely house. I said it's on Sutphin 6 Boulevard. She says, you know, it's a beautiful 7 house in the corner. The market crapped out two 8 weeks later. They could have had the same house 9 for about 300,000. 10 MR. FRANCIS: Yeah. 11 MR. LEVINE: Maybe four. I 12 felt so bad for these people. Couldn't back out 13 of the deal. 14 MR. FRANCIS: No, not at that 15 point. 16 MR. LEVINE: They got their 17 clocks cleaned. 18 MR. FRANCIS: Well, did you 19 make a motion on this? 20 MR. LEVINE: Who did? 21 MS. WAGNER: Nobody did. 22 MR. FRANCIS: No, I think Mr. 23 Levine said that he was going to make a motion. 24 MR. LEVINE: I move that we 25 grant the application. 26 MR. FRANCIS: Do we have a 27 second? 28 MS. WAGNER: Do we have a 29 second? Nobody is seconding. 30 CHAIR MAMMINA: The Cuckoo 31 blocked us. Mr. Francis seconds it. 32 MS. WAGNER: Okay. 33 CHAIR MAMMINA: Please poll 34 the Board. 35 MS. WAGNER: Member Hernandez. 36 MR. LEVINE: The Cuckoo clock 37 agreed with me. 38 MR. HERNANDEZ: Aye. 39 MS. WAGNER: Member Donatelli. 40 MR. DONATELLI: Aye. 41 MS. WAGNER: Member Levine. 42 MR. LEVINE: Aye. 43 MS. WAGNER: Vice Chairman 44 Francis. 45 MR. FRANCIS: Aye. 46 MS. WAGNER: Chairman Mammina. 47 CHAIR MAMMINA: Aye. The 48 application is granted. Thank you.

1 03/24/2021 200 2 MS. WAGNER: Okay, the next one 3 is appeal number 21008, Caryn Sawyer, 70 East 4 Gate, Manhasset, Section 3, Block 94, Lot 263, 5 in the Residence-A Zoning District -- 6 (WHEREUPON, THE ZOOM BROADCAST 7 ENDED.) 8 TIME NOTED: 5:45 P.M.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48

1 03/24/2021 201 2 STATE OF NEW YORK ) 3 SS. 4 COUNTY OF NEW YORK ) 5 6 7 I, MARC RUSSO, a Shorthand 8 (Stenotype) Reporter and Notary Public within 9 and for the State of New York, do hereby certify 10 that the foregoing pages 1 through 201, taken at 11 the time and place aforesaid, is a true and 12 correct transcription of my shorthand notes. 13 IN WITNESS WHEREOF, I have 14 hereunto set my name this 7th day of May 2021. 15 16 ------17 MARC RUSSO 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48