Despite concerns about setting a precedent, the Planning Board has given approval for a 60-day extension for paperwork to be filed establishing lot line changes on at 21 Smith Street now owned by Frank Emmett and Colleen Smith.
At issue was whether an extension could be granted after the expiration of the original application or a new application would need to be filed starting the process from the beginning.
Attorney Albert D’Agostino said his original clients, Michael and Jill Zimberg, were no longer in New York and that while he had represented them during the original meetings on the lot line request, he had no authority to do so now.
Various circumstances had arisen that led to a failure to follow through or request an extension by May 2015 when the application expired.
But he argued that the new property owners were being punished if they had to start the lot line process from scratch.
Member Ian McDonald argued that allowing an extension at this point could set a precedent for others whose applications had lapsed and that resulted in several of the Planning Board members questioning the delays.
“I’m looking to be fair to these people,” said attorney Helen Rosenblum, who represents Mr. Emmett and Ms. Smith
Ultimately, the planners voted 3-2 for the extension to allow Mr. Emmett and Ms. Smith to move forward, with Mr. McDonald and Emory Breiner voting against the resolution.
In other actions, the Planning Board advised Kathy Zarchin that he would need to get a variance from the Zoning Board of
Appeals to move forward with an application for a lot line change on her Shelter Island Heights property. Ms. Zarchin wants to create a second house lot on the property, but the planners can’t act yet because the site is already non-conforming to the town’s building code.
Planners can’t increase an already existing non-conforming situation, Chairman Paul Mobius explained.