Village of Dering Harbor
Zoning Board of Appeals
Meeting via Zoom

Minutes DRAFT

January 9th, 2021, 8:00am

• The meeting was called to order at 8:04am.

• Attendance: Meredith Jenkins, Chairperson, Board members present- Marian Brownlie, Alex Jackson, Eric Deutsch, absent- Devon Cross; Wayne Bruyn (village attorney), Vicki Weslek (village clerk), Donna Ritzzmann (stenographer from Flynn Stenography hired by Timothy Hogue), Brad Goldfarb, Louis Katsos.

• A motion to accept the minutes of the November 14, 2020 meeting was moved by Eric and seconded by Alex. All Board members present voted in favor.

• Before the following matters were taken up, Marian Brownlie announced that she would be reusing herself from both discussions.

• Public Hearings regarding the following applications:

(1) Timothy Hogue appealing the Building Inspector’s “Order to Remedy Violation” dated July 31, 2018, wherein it is alleged that an accessory off-street parking area was constructed without requisite permits on property located at 19 Harbor Lane (formerly Shore Road), SCTM# 0701-001.00-02.00-001.000.

Consider a request for adjournment from the applicant.

Meredith asked Vicki to read a letter dated January 7th, 2021, that the applicant’s lawyer, Lee Snead, sent to her. In it, he requests a further adjournment of the hearing and suggests the matter be adjourned indefinitely. Wayne summarized what has transpired with regard to the court proceedings and where the case currently is in the Supreme Court. Mr. Snead had asked for certain subpoenas, including for the village clerk to produce certain documents, which were rejected by the court. Mr. Snead has put in a motion for re-argument and has filed a notice of appeal. The FOIL request that he had submitted to the village clerk was replied in part. For the parts of the request that have not been fulfilled, Mr. Snead has been guided to make his request more specific to help the clerk find the documents he’s requesting. Wayne had no advisement on when the court would issue their decision and said the ZBA could consider denying this appeal without prejudice until Mr. Snead is ready to come back and make his application. But he advised against taking that decision unless Mr. Snead was present to discuss that. Cases cannot be adjourned indefinitely. Wayne suggested the ZBA adjourn to a date certain so that Mr. Snead can appear and indicate his progress. The ZBA agreed and a motion for a resolution to adjourn until March 13th, 2021 was made by Eric and seconded by Alex. 3 members voted in favor and 1 recusal.

(2) Timothy Hogue appealing the Building Inspector’s issuance of a building permit dated October 5, 2020 for construction of a swimming pool at property of Brad Goldfarb and Alfredo Paredes at 21 Harbor Lane (formerly Shore Road), SCTM# 0701-001.00-02.00-002.000 & 003.00.

The applicant had submitted a letter withdrawing this case on January 5th, 2021 and the clerk read it into the record. A resolution to accept the withdrawal was moved by Eric and seconded by Alex. 3 Board members voted in favor, 1 recusal.

• There was no new business discussed.

• Next meeting date was set for March 13th, 2021.

• A motion to adjourn at 8:14am was moved by Eric and seconded by Alex. All Board members present voted in favor.