Town of Oyster Bay Zoning Board of Appeals TOWN HALL, AUDREY AVENUE, OYSTER BAY, NEW YORK 11771-1592 - TELEPHONE: (516) 624-6232 FAX: (516) 624-6149 ARLENE VAN LOAN, Chairwoman SUSAN CLONINGER - LOIS SCHMITT - LEWIS J. YEVOLI RITA BYRNE KATHLEEN MULLIGAN JOHN J. FANNING ********************************************************************************************** PUBLIC HEARING CALENDAR NOTICE OF PUBLIC MEETING BY THE ZONING BOARD OF APPEALS Pursuant to the provisions of Chapter 246, Article III, Section 246-18-E of the Code of the Town of Oyster Bay, notice is hereby given that the Zoning Board of Appeals has scheduled a public meeting, which will take place in the Town Hall Meeting Room, Audrey Avenue, Oyster Bay, New York, on DECEMBER 13, 2018, at 7:00 P. M., to consider the following appeals: BY ORDER OF THE ZONING BOARD OF APPEALS HEARING NO. RC 1 APPEAL NO. 85-529 - AMENDMENT PLAINVIEW JOANNE CONGERO: (A) Amend Decision of Zoning Board of Appeals, dated October 17, 1985 in order to Amend the Declaration of Restrictive Covenants to indicate a change in ownership and occupancy while still maintaining a Parent/Child relationship. (B) Extend the Special Use Permit to maintain an existing second kitchen in a one-family dwelling for use as a Parent/Child residence. N/s/o Blanche St., 70 ft. E/o Universal Blvd., a/k/a 28 Blanche Street, Plainview, NY SEC 12 BLK 39 LOT 103 ZONE R1-7 HEARING NO. RC 2 APPEAL NO. 18-50 - AMENDMENT CATHERINE RICCITELLI: Amend Specific Plan as presented for Appeal No. 18-50 and granted by Decision of the Zoning Board of Appeals, dated March 1, 2018, to add seasonal removable canvas with pipe support system. SE/ cor. of Shelley Dr. & Riviera Dr. W., a/k/a 38 Shelley Drive, Massapequa, NY SEC. 65 BLK. 226 LOT 1 ZONE R1-10 HEARING NO. RC 3 APPEAL NO. 17-411 - AMENDMENT AUDREY DIRUSSO: Amend Specific Plan as presented for Appeal No. 17-411 and granted by Decision of the Zoning Board of Appeals, dated October 5, 2017, for the submittal of amended plans. E/s/o S. Bay Ave., 381.33 ft. S/o Jefferson Pl., a/k/a 69 S. Bay Avenue, Massapequa, NY SEC. 65 BLK. 1601 LOT 176 ZONE R1-7 HEARING NO. 1 APPEAL NO. 18-578 VULTAGGIO BROTHERS, LLC: Variance to allow existing 16 ft. by 3.50 ft. illuminated wall sign exceeding maximum horizontal dimension than permitted by Ordinance. NW/ cor. of Merrick Rd. & Joludow Dr., a/k/a 5089 Merrick Road, Massapequa, NY SEC. 53 BLK. 149 LOT 45 ZONE NB
ZONING BOARD OF APPEALS MEETING OF 12/13/18 PAGE 2 HEARING NO. 2 APPEAL NO. 18-579 ANDREW O BRIEN: Variance to erect 6 ft. high fence exceeding maximum height across rear yard (Detroit Avenue) than permitted by Ordinance. S/s/o Clark Ave., 100 ft. W/o Forest Ave., a/k/a 28 Clark Avenue, Massapequa, NY SEC. 52 BLK. 245 LOT 1296 ZONE R1-7 HEARING NO. 3 APPEAL NO. 18-580 THOMAS M. DORR: Variance to allow existing 6 ft. high fence exceeding maximum height across side/front yard (Bonnie Lane) than permitted by Ordinance. SE/ cor. of Bonnie Ln. & Bonnie Ln., a/k/a 3 Bonnie Lane, Massapequa, NY SEC. 57 BLK. 299 LOT 13 ZONE R1-7 HEARING NO. 4 APPEAL NO. 18-581 JOSEPH SOLLITTO: (A) Variance to allow existing 6 ft. high fence exceeding maximum height across front yard than permitted by Ordinance. (B) Variance to construct second floor addition having less rear yard setback and roof pitch than permitted by Ordinance. SW/ cor. of E. Shore Dr. & Tidewater Ave., a/k/a 225 E. Shore Drive, Massapequa, NY SEC. 66 BLK. 61 LOT 7 ZONE R1-10 HEARING NO. 5 APPEAL NO. 18-582 CHRISTOPHER MEYN: Variance to construct rear dormer having less roof pitch than permitted by Ordinance. S/s/o Euclid Ave., 297.74 ft. W/o Parkside Ave., a/k/a 162 Euclid Avenue, Massapequa, NY SEC. 48 BLK. 125 LOT 1368 ZONE R1-7 HEARING NO. 6 APPEAL NO. 18-583 ROBERT GREENWOOD: (A) Variance to allow existing raised patio, 323 sq. ft. second story addition and 560 sq. ft. second story addition having less side yard setback than permitted by Ordinance. (B) Variance to allow existing raised patio and decks having less aggregate side yards than permitted by Ordinance. (C) Variance to allow existing second story additions having less aggregate side yards and roof pitch than permitted by Ordinance; also encroachment of eaves and gutters. (D) Variance to allow existing cantilevered second story addition, balcony, decks, gazebo, patio and portico exceeding maximum building coverage than permitted by Ordinance. (E) Variance to allow existing second story addition, balcony, decks patio and gazebo exceeding maximum gross floor area than permitted by Ordinance. (F) Variance to allow existing gazebo, pool rock feature and air conditioning units having less side yard setback than permitted by Ordinance. (G) Variance to allow existing pool enclosure fence having less distance from swimming pool than permitted by Ordinance. (H) Variance to allow existing generator having less side yard setback than permitted by Ordinance. (I) Amend Specific Plan as presented for Appeal No. 91-431 and granted by Decision of the Zoning Board of Appeals, dated February 5, 1992. W/s/o Stillwater Ave., 500 ft. S/o S. Bay Dr., a/k/a 53 Stillwater Avenue, Massapequa, NY SEC. 66 BLK. 85 LOT 91 ZONE R1-10
ZONING BOARD OF APPEALS MEETING OF 12/13/18 PAGE 3 HEARING NO. 7 APPEAL NO. 18-584 MICHAEL WALL: (A) Variance to construct rear addition having less side yard setback than permitted by Ordinance; also encroachment of eave and gutter. (B) Variance to construct rear addition and front porch exceeding maximum gross floor area than permitted by Ordinance. S/s/o Pocahontas St. W., 100 ft. W/o Sunset Rd., a/k/a 26 Pocahontas St. W., Massapequa, NY SEC. 66 BLK. 47 LOT 63 ZONE R1-10 HEARING NO. 8 APPEAL NO. 18-585 RAYMOURS FURNITURE COMPANY, INC.: (A) Variance to erect 26.67 ft. by 11.25 ft. illuminated wall sign exceeding maximum vertical dimension and area than permitted by Ordinance. (B) Variance to erect 16.42 ft. by 11.25 ft. illuminated wall sign exceeding maximum vertical dimension than permitted by Ordinance. NW/ cor. of Sunrise Hwy. & Carmans Rd., a/k/a One Sunrise Mall, Massapequa, NY SEC. 48 BLK. 602 LOT 1 ZONE LI HEARING NO. 9 APPEAL NO. 18-586 MARYANN CULELLA: (A) Variance to construct rear deck having less side yard setback than permitted by Ordinance. (B) Variance to construct covered porch and rear deck having less aggregate side yards than permitted by Ordinance. (C) Variance to construct rear deck, rear steps and landings having less rear yard setback than permitted by Ordinance. (D) Variance to construct dwelling exceeding maximum height than permitted by Ordinance. (E) Variance to construct covered porch, elevator, rear deck, rear steps and landings exceeding maximum building coverage and gross floor area than permitted by Ordinance. (F) Variance to construct driveway having less side yard setback than permitted by Ordinance. W/s/o Beach Rd., 1325.20 ft. S/o Canal Rd., a/k/a 70 Beach Road, Massapequa, NY SEC. 65 BLK. 97 LOT 457 ZONE R1-7 HEARING NO. 10 APPEAL NO. 18-587 FARMINGDALE MICHELE ROTHKIN: Variance to allow existing 6 ft. high fence exceeding maximum height across side/front yard (Clifford Drive) than permitted by Ordinance. S/s/o Clifford Dr., 50 ft. N/o Taylor Dr., a/k/a 22 Clifford Drive, Farmingdale, NY SEC. 48 BLK. 566 LOT 9 ZONE R1-7 HEARING NO. 11 APPEAL NO. 18-588 FARMINGDALE MATT BIANCO: (A) Variance to allow existing front portico having less front yard setback than permitted by Ordinance. (B) Variance to allow existing 95 sq. ft. shed having less rear yard setback than permitted by Ordinance. W/s/o Lee Dr., 134.89 ft. N/o Maynard Dr., a/k/a 5 Lee Drive, Farmingdale, NY SEC. 49 BLK. 160 LOT 26 ZONE R1-7
ZONING BOARD OF APPEALS MEETING OF 12/13/18 PAGE 4 HEARING NO. 12 APPEAL NO. 18-589 JOANNE DESCOVICH: (A) Variance to allow existing roofed-over deck having less side yard setback than permitted by Ordinance. (B) Variance to allow existing 7.2 ft. by 16.2 ft. shed having less side yard setback and rear yard setback than permitted by Ordinance. (C) Variance to allow existing roofed-over deck and 7.2 ft. by 16.2 ft. shed exceeding maximum building coverage than permitted by Ordinance. N/s/o Suzane Ln., 301.25 ft. E/o Evelyn Dr., a/k/a 10 Suzane Lane, Bethpage, NY SEC. 47 BLK. 125 LOT 11 ZONE R1-10 HEARING NO. 13 APPEAL NO. 18-590 DANIEL HEALY: (A) Variance to allow existing rear addition having less side yard setback, aggregate side yards and exceeding maximum building coverage than permitted by Ordinance; also encroachment of eaves and gutters. (B) Amend Specific Plan as presented for Appeal No. 62-454 and granted by Decision of the Zoning Board of Appeals, dated September 13, 1962. N/s/o Jeanne Ln., 125 ft. W/o Plainedge Dr., a/k/a 39 Jeanne Lane, Bethpage, NY SEC. 49 BLK. 198 LOT 10 ZONE R1-7 ---------------------------------------------------------------------------------------------------------------------------------- HEARING NO. 14 APPEAL NO. 18-591 DEAN SHEFFIELD: (A) Variance to construct 8.5 ft. by 33.7 ft. one story addition having less side yard setback than permitted by Ordinance; also encroachment of eaves and gutters. (B) Variance for the reduction of off-street parking spaces. Reduction of spaces to 1 when 2 parking spaces are required. N/s/o Jeanne Ln., 425 ft. W/o Plainedge Dr., a/k/a 29 Jeanne Lane, Bethpage, NY SEC. 49 BLK. 198 LOT 15 ZONE R1-7 HEARING NO. 15 APPEAL NO. 18-592 DENNIS & MARYANN STAWKOWSKI: (A) Variance to allow existing 6 ft. high fence exceeding maximum height across front yard than permitted by Ordinance. (B) Variance to construct one story addition having less average front yard setback than permitted by Ordinance. (C) Variance to allow existing one story addition, portico, steps and landing having less average side/front yard setback than permitted by Ordinance. (D) Variance to construct one story addition, allow existing one story addition and portico exceeding maximum building coverage than permitted by Ordinance. SW/ cor. of Barbara St. & Alice Ct., a/k/a 44 Barbara Street, Bethpage, NY SEC. 46 BLK. 136 LOT 33 ZONE R1-7 HEARING NO. 16 APPEAL NO. 18-593 MICHAEL PERULLO: (A) Variance to construct second floor addition having less side yard setback and roof pitch than permitted by Ordinance; also encroachment of eave and gutter. (B) Variance to allow existing 6 ft. high fence in front yard. N/s/o Field Ct., 391.6 ft. W/o S. Oyster Bay Rd., a/k/a 7 Field Court, Hicksville, NY SEC. 46 BLK. 632 LOT 12 ZONE R1-10
ZONING BOARD OF APPEALS MEETING OF 12/13/18 PAGE 5 HEARING NO. 17 APPEAL NO. 18-594 JASWINDER SODHI: (A) Variance to construct second story addition and first and second story decks having less aggregate side yards than permitted by Ordinance. (B) Amend Specific Plan as presented for Appeal No. 93-202 and granted by Decision of the Zoning Board of Appeals, dated May 6, 1993. E/s/o East Ave., 100 ft. N/o Malone St., a/k/a 116 East Avenue, Hicksville, NY SEC. 45 BLK. 64 LOT 239 ZONE R1-7 HEARING NO. 18 APPEAL NO. 18-595 JOHN FICKE: (A) Variance to construct front addition and portico having less average front yard setback than permitted by Ordinance. (B) Variance to construct front addition having less aggregate side yards than permitted by Ordinance. (C) Variance for the reduction of off-street parking spaces. Reduction of spaces to 1 when 2 spaces are required. (D) Variance to allow existing pool equipment having less side yard setback than permitted by Ordinance. S/s/o Abbot Ln., 170.55 ft. W/o Ash Ln., a/k/a 24 Abbot Lane, Hicksville, NY SEC. 45 BLK. 348 LOT 4 ZONE R1-7 HEARING NO. 19 APPEAL NO. 18-596 YAO WANG: Variance to allow existing rear one story addition having less aggregate side yards than permitted by Ordinance. W/s/o Apollo Ln., 512.08 ft. S/o Acre Ln., a/k/a 28 Apollo Lane, Hicksville, NY SEC. 45 BLK. 356 LOT 10 ZONE R1-7 HEARING NO. 20 APPEAL NO. 18-597 ANTHONY RAMOS: (A) Variance to construct second story addition having less average side/front yard setback and side yard setback than permitted by Ordinance; also encroachment of eaves and gutters. (B) Variance to allow existing 6 ft. high fence exceeding maximum height in front yard and side/front yard than permitted by Ordinance. (C) Amend Specific Plan as presented for Appeal No. 91-426 and granted by Decision of the Zoning Board of Appeals, dated November 7, 1991. SW/ cor. of Fulton Ave. & Briggs St., a/k/a 35 Fulton Avenue, Hicksville, NY SEC. 12 BLK. 318 LOT 2 ZONE R1-7 HEARING NO. 21 APPEAL NO. 18-598 OLD JONATHAN CAMERATA: (A) Variance to allow existing rear raised patio with spa having less side yard setback than permitted by Ordinance. (B) Variance to allow existing driveway having less side yard setback than permitted by Ordinance. N/s/o Farragut Rd., 192.62 ft. W/o Dahill Rd., a/k/a 15 Farragut Road, Old Bethpage, NY SEC. 47 BLK. 48 LOT 1 ZONE R1-7
ZONING BOARD OF APPEALS MEETING OF 12/13/18 PAGE 6 HEARING NO. 22 APPEAL NO. 18-599 PLAINVIEW RON FELBER: Variance to allow existing rear deck having less side yard setback, aggregate side yards, rear yard setback, exceeding maximum building coverage and gross floor area than permitted by Ordinance. E/s/o Netto Ln., 580.70 ft. N/o Country Dr., a/k/a 32 Netto Lane, Plainview, NY SEC. 13 BLK. 51 LOT 9 ZONE R1-7 HEARING NO. 23 APPEAL NO. 18-600 PLAINVIEW ALVARO BANCHON: (A) Variance to construct detached garage having less side yard setback and rear yard setback than permitted by Ordinance. (B) Variance to construct detached garage and allow existing rear 3.8 ft. by 5.8 ft. addition exceeding maximum building coverage than permitted by Ordinance. (C) Variance to construct driveway on existing driveway having less side yard setback than permitted by Ordinance. W/s/o Briarwood Ln., 305.98 ft. S/o Clearwater Dr., a/k/a 99 Briarwood Lane, Plainview, NY SEC. 47 BLK. 24 LOT 12 ZONE R1-7 HEARING NO. 24 APPEAL NO. 18-601 JERICHO SUMEET BHATT: Variance to construct second story cantilevered addition having less average front yard setback than permitted by Ordinance; also encroachment of eaves and gutters. S/s/o White Birch Ln., 196.37 ft. W/o Woodbridge Ln., a/k/a 400 White Birch Ln., Jericho, NY SEC. 12 BLK. 519 LOT 30 ZONE R1-7 HEARING NO. 25 APPEAL NO. 18-602 JERICHO ELEANOR DUNN: (A) Variance to construct wood deck having less rear yard setback than permitted by Ordinance. (B) Variance to construct one story rear addition and wood deck exceeding maximum building coverage than permitted by Ordinance. W/s/o Birchwood Park Dr., 207.50 ft. N/o Falcon St., a/k/a 175 Birchwood Park Dr., Jericho, NY SEC. 12 BLK. 583 LOT 20 ZONE R1-10 HEARING NO. 26 APPEAL NO. 18-603 GLEN HEAD THOMAS & SLOAN KAUFMAN: (A) Variance to construct second story addition having less side yard setback, aggregate side yards and rear yard setback than permitted by Ordinance; also encroachment of eaves and gutters. (B) Variance to construct second story addition and rear stoop exceeding maximum gross floor area than permitted by Ordinance. (C) Variance to allow existing unscreened air conditioning units having less side yard setback than permitted by Ordinance. S/s/o Sylvia St., 200 ft. W/o Viola St., a/k/a 49 Sylvia Street, Glen Head, NY SEC. 20 BLK. 47 LOT 2 ZONE R1-7
ZONING BOARD OF APPEALS MEETING OF 12/13/18 PAGE 7 HEARING NO. HO 1 APPEAL NO. 18-474 RICHARD HOFFMAN: Variance to allow existing widened driveway having less side yard setback than permitted by Ordinance. (B) Variance to allow existing deck exceeding maximum building coverage than permitted by Ordinance. (C) Amend Specific Plan as presented for Appeal No. 58-754 and granted by Decision of the Zoning Board of Appeals, dated September 18, 1958. S/s/o E. Shore Dr., 66.87 ft. W/o Harbor Pl., a/k/a 214 E. Shore Drive, Massapequa, NY SEC. 66 BLK. 64 LOT 145 ZONE R1-10 HEARING NO. HO 2 APPEAL NO. 18-531 MICHAEL VERITO: (A) Variance to allow existing 7.7 ft. by 12.6 ft. shed and 7.9 ft. by 12.3 ft. shed having less side yard setback and rear yard setback than permitted by Ordinance. (B) Variance to allow existing driveway having less side yard setback than permitted by Ordinance. W/s/o Croyden Dr., 378.47 ft. N/o Carlton Dr., a/k/a 15 Croyden Drive, Massapequa, NY SEC. 53 BLK. 146 LOT 21 ZONE R1-7 DECEMBER 3, 2018 BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF OYSTER BAY, OYSTER BAY, NEW YORK