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 ********************************************************************************************** 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 MARCH 9, 2017, at 7:00 P. M., to consider the following appeals: BY ORDER OF THE ZONING BOARD OF APPEALS HEARING NO. RC 1 APPEAL NO. 76-420- AMENDMENT FARMINGDALE RICHARD TUSSIE: (A) Amend Decision of Zoning Board of Appeals, dated December 9, 1976 in order to Amend the Declaration of Restrictive Covenants to indicate a change in 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. S/s/o James St., E/o Acorn Ct., a/k/a 16 James Street, Farmingdale, NY SEC 49 BLK 147 LOT 55 ZONE R1-7 HEARING NO. 1 APPEAL NO. 17-68 REGIS BENEVILLE: Variance to allow existing one and two story additions with fireplace having less average front yard setback than permitted by Ordinance; also encroachment of eaves and gutters. NE/ cor. of Shinnecock Ave. & Pocahontas St. E., a/k/a 86 Shinnecock Ave., Massapequa, NY SEC. 66 BLK. 39 LOT 17 ZONE R1-10 HEARING NO. 2 APPEAL NO. 17-69 CARL MUSOLINO: Variance for the reduction of off-street parking spaces. Reduction of spaces to 1 when 2 spaces are required. N/s/o Argyle Pl., 330 ft. W/o Arlyn Dr. E., a/k/a 12 Argyle Place, Massapequa, NY SEC. 53 BLK. 151 LOT 8 ZONE R1-7 HEARING NO. 3 APPEAL NO. 17-70 PETER BRABAZON: Variance to construct rear wood deck and rear enclosed porch having less side yard setback, aggregate side yards, exceeding maximum building coverage and gross floor area than permitted by Ordinance; also encroachment of eave and gutter. S/s/o Pirates Cove, 400 ft. E/o E. Lincoln Ave., a/k/a 26 Pirates Cove, Massapequa, NY SEC. 66 BLK. 131 LOT 151 ZONE R1-10
ZONING BOARD OF APPEALS MEETING OF 03/09/17 PAGE 2 HEARING NO. 4 APPEAL NO. 17-71 LEIGH BOTZ: Variance to construct second story addition exceeding maximum gross floor area than permitted by Ordinance. W/s/o Nearwater Ave., 250 ft. N/o Leewater Ave., a/k/a 75 Nearwater Avenue, Massapequa, NY SEC. 66 BLK. 80 LOT 19 ZONE R1-10 HEARING NO. 5 APPEAL NO. 17-72 ATP HOMES, INC.: Variance for the reduction of off-street parking spaces. Reduction of spaces to 1 when 2 spaces are required. W/s/o Thorn Pl., N/o Conde Ln., a/k/a 4 Thorn Place, Massapequa, NY SEC. 53 BLK. 179 LOT 49 ZONE R1-7 HEARING NO. 6 APPEAL NO. 17-73 NORTH STEPHEN CAPESTANY: Variance to construct front deck having less front yard setback and side yard setback than permitted by Ordinance. S/s/o N. Kentucky Ave., 272.92 ft. E/o Rosemary Dr., a/k/a 376 N. Kentucky Ave., N. Massapequa NY SEC. 52 BLK. 46 LOT 83 ZONE R1-7 HEARING NO. 7 APPEAL NO. 17-74 NORTH EDWARD HOEY: (A) Variance to construct two story addition and second story addition having less aggregate side yards, roof pitch and exceeding maximum gross floor area than permitted by Ordinance. (B) Variance to construct two story addition and roofed over front porch exceeding maximum building coverage than permitted by Ordinance. N/s/o N. Idaho Ave., 150 ft. W/o N. Baldwin Dr., a/k/a 343 N. Idaho Avenue, N. Massapequa, NY SEC. 52 BLK. 45 LOT 68 ZONE R1-7 HEARING NO. 8 APPEAL NO. 17-75 SEAFORD JASON & LISA TESTA: (A) Variance to construct a second kitchen in a one-family dwelling for use as a PARENT/CHILD residence. (B) Variance to construct second story entrance having less average front yard setback than permitted by Ordinance. (C) Variance to construct one story rear addition having less side yard setback, aggregate side yards and rear yard setback than permitted by Ordinance; also encroachment of eave and gutters. (D) Variance to construct one story rear addition, enclosed breezeway and roof over porch exceeding maximum building coverage than permitted by Ordinance. (E) Variance to construct second floor addition exceeding maximum gross floor area than permitted by Ordinance. (F) Variance to allow existing driveway having less side yard setback than permitted by Ordinance. N/s/o Gilling Rd., W/o Whelan Pl., a/k/a 179 Gilling Road, Seaford, NY SEC. 52 BLK. 405 LOT 10 ZONE R1-7
ZONING BOARD OF APPEALS MEETING OF 03/09/17 PAGE 3 HEARING NO. 9 APPEAL NO. 17-76 BETHPAGE KERRY WATTERS: (A) Variance to allow existing sunroom having less side yard setback, rear yard setback and exceeding maximum building coverage than permitted by Ordinance; also encroachment of eave and gutter. (B) Variance to allow existing sunroom and deck exceeding maximum gross floor area than permitted by Ordinance. (C) Amend Specific Plan as presented for Appeal No. 04-118 and granted by Decision of the Zoning Board of Appeals, dated March 18, 2004. S/s/o William St., 100 ft. E/o N. Hermann Ave., a/k/a 56 William Street, Bethpage, NY SEC. 49 BLK. 293 LOT 24 ZONE R1-7 HEARING NO. 10 APPEAL NO. 17-77 PAMELA MORACE: Variance to allow existing rear roof over deck and front roof over porch exceeding maximum building coverage than permitted by Ordinance. W/s/o Combes Ave., 533.53 ft. S/o Duffy Ave., a/k/a 74 Combes Avenue, Hicksville, NY SEC. 11 BLK. 334 LOT 23 ZONE R1-6 HEARING NO. 11 APPEAL NO. 17-78 DANIEL TICHIO: (A) Variance to allow existing side stoop enclosure having less aggregate side yards than permitted by Ordinance. (B) Variance to allow existing air conditioning unit having less side yard setback than permitted by Ordinance. S/s/o Edward Ave., 263.44 ft. E/o Jonathan Ave., a/k/a 9 Edward Avenue, Hicksville, NY SEC. 46 BLK. 282 LOT 58 ZONE R1-7 HEARING NO. 12 APPEAL NO. 17-79 RUSHABH SHAH: (A) Variance to construct cellar entrance having less average side/front yard setback than permitted by Ordinance. (B) Variance to allow existing shed having less side/front yard setback than permitted by Ordinance. NE/ cor. of Underhill Ave. & W. Marie St., a/k/a 19 Underhill Avenue, Hicksville, NY SEC. 11 BLK. 322 LOT 70 ZONE R1-6 ---------------------------------------------------------------------------------------------------------------------------------- HEARING NO. 13 APPEAL NO. 17-80 HANAN PRODUCTS CO. INC.: Variance to install generator having less rear yard setback than permitted by Ordinance. W/s/o Miller Pl., N/o Ingram Dr., a/k/a 196 Miller Place, Hicksville, NY SEC. 12 BLK. A LOT 976 ZONE LI HEARING NO. 14 APPEAL NO. 17-81 DISPLAY MAKERS: (A) Variance to erect 8 ft. by 18 ft. double sided illuminated ground sign with five (5) changeable tenancy plaques exceeding maximum area than permitted by Ordinance. (B) Variance to erect 8 ft. by 18 ft. double sided illuminated ground sign with five (5) changeable tenancy plaques exceeding maximum area than permitted by Ordinance. E/s/o N. Broadway, 200 ft. N/o Nevada St., a/k/a 265 N. Broadway, Hicksville, NY SEC. 12 BLK. B LOT 168 ZONE GB
ZONING BOARD OF APPEALS MEETING OF 03/09/17 PAGE 4 HEARING NO. 15 APPEAL NO. 17-82 TIRLOK SINGH: (A) Variance to construct new dwelling on existing foundation having less side yard setback, aggregate side yards, roof pitch, exceeding maximum building coverage and gross floor area than permitted by Ordinance; also encroachment of eaves and gutters. (B) Variance to allow existing driveway having less side yard setback than permitted by Ordinance. N/s/o 6 th St., 223.79 ft. W/o Jerusalem Ave., a/k/a 172 6 th Street, Hicksville, NY SEC. 45 BLK. 89 LOT 121 ZONE R1-7 HEARING NO. 16 APPEAL NO. 17-83 OLD BETHPAGE ALFRED SALSANO: Variance to allow existing second story rear deck having less rear yard setback than permitted by Ordinance. W/s/o Old Bethpage Rd., 470.90 ft. S/o Haypath Rd., a/k/a 725B Old Bethpage Rd., Old Bethpage, NY SEC. 47 BLK. 139 LOT 36 ZONE R1-10 HEARING NO. 17 APPEAL NO. 17-84 MICHAEL RADOVIC: Variance to allow existing 6 ft. high fence exceeding maximum height across front yard (Ruth Place) than permitted by Ordinance. E/s/o Ruth Pl., 1063.14 ft. N/o Jacob Rd., a/k/a 32 Ruth Place, Plainview, NY SEC. 47 BLK. 54 LOT 31 ZONE R1-7 HEARING NO. 18 APPEAL NO. 17-85 JODI ACQUAVIVA: Variance to allow existing 6 ft. high fence exceeding maximum height across side/front yard (Wallace Drive) than permitted by Ordinance. NE/ cor. of Northern Pkwy. W. & Wallace Dr., a/k/a 58 Northern Parkway W., Plainview, NY SEC. 12 BLK. 564 LOT 102 ZONE R1-7 HEARING NO. 19 APPEAL NO. 17-86 FAY COCALAS: Variance to allow existing widened driveway having less side yard setback than permitted by Ordinance. S/s/o MacArthur Ave., 567.32 ft. E/o Floral Ave., a/k/a 18 MacArthur Avenue, Plainview, NY SEC. 46 BLK. 558 LOT 38 ZONE R1-7 HEARING NO. 20 APPEAL NO. 17-87 DAVID & MARNI PANKIN: (A) Variance to allow existing 10.95 ft. by 14.22 ft. shed having less side yard setback than permitted by Ordinance. (B) Variance to allow existing 8.05 ft. by 12.30 ft. shed having less side yard setback than permitted by Ordinance. (C) Variance to allow existing pool filter and heater having less side yard setback and rear yard setback than permitted by Ordinance. (D) Variance to allow existing brick counter having less side yard setback and rear yard setback than permitted by Ordinance. (E) Variance to allow existing hot tub having less side yard setback than permitted by Ordinance. (F) Variance to allow existing generator exceeding maximum setback from principal dwelling than permitted by Ordinance. N/s/o Hofstra Dr., 208 ft. E/o Harvard Dr., a/k/a 11 Hofstra Drive, Plainview, NY SEC. 13 BLK. 92 LOT 14 ZONE R1-20
ZONING BOARD OF APPEALS MEETING OF 03/09/17 PAGE 5 HEARING NO. 21 APPEAL NO. 17-88 WOODBURY MANNY & MICHELLE FRADE: Variance to construct new dwelling exceeding maximum building coverage and having less roof pitch than permitted by Ordinance. E/s/o Bering Ct., 144.45 ft. S/o Juneau Blvd., a/k/a 1 Bering Court, Woodbury, NY SEC. 13 BLK. 73 LOT 32 ZONE R1-1A HEARING NO. 22 APPEAL NO. 17-89 JERICHO JAY & BARBARA LUBLINER: Variance to allow existing rear deck exceeding maximum lot coverage than permitted by Ordinance. N/s/o Sullivan Dr., 121.05 ft. W/o Rockland Dr., a/k/a 4 Sullivan Drive, Jericho, NY SEC. 11 BLK. 430 LOT 4 ZONE R1-10 HEARING NO. 23 APPEAL NO. 17-90 JERICHO SS 106 LLC: (A) Variance for the reduction of off-street parking spaces. Reduction of spaces to 52 when 188 spaces are required. (B) Amend Specific Plan as presented for Appeal No. 83-223A and granted by Decision of the Zoning Board of Appeals, dated June 16, 1983. SE/ cor. of Old Jericho Tpke. & Jericho-East Norwich Rd., a/k/a 4 Old Jericho Tpke., Jericho, NY SEC. 12 BLK. 37 LOT 155 ZONE NB HEARING NO. 24 APPEAL NO. 17-91 SYOSSET IRA AXELROD: (A) Variance to allow existing cabana to contain cooking, sanitary and/or sleeping facility, or be used as a dwelling. (B) Variance to allow existing cabana exceeding maximum building coverage of the principal building and height than permitted by Ordinance. W/s/o Sagamore Dr., 339 ft. N/o Split Rock Rd., a/k/a 25 Sagamore Drive, Syosset, NY SEC. 25 BLK. 51 LOT 3 ZONE R1-1A HEARING NO. 25 APPEAL NO. 17-92 SYOSSET DUANE HELKOWSKI: Variance to allow existing 6 ft. high fence exceeding maximum height than permitted by Ordinance. N/s/o Corin Ct., 132.83 ft. W/o Albergo Ln., a/k/a 10 Corin Court, Syosset, NY SEC. 15 BLK. 89 LOT 63 ZONE R1-7 HEARING NO. HO 1 APPEAL NO. 17-5 FARMINGDALE JEAN J. CESAIRE: (A) Variance to allow an existing second kitchen in a one-family dwelling for use as a PARENT/CHILD residence. (B) Variance for the reduction of off-street parking spaces. Reduction of spaces to 2 when 3 spaces are required. (C) Variance to allow existing 5 ft. high fence exceeding maximum height in a front yard (Boundary Avenue) than permitted by Ordinance. NW/ cor. of Tulip Dr. & Boundary Ave., a/k/a 2 Tulip Drive, Farmingdale, NY SEC. 49 BLK. 227 LOT 22 ZONE R1-7
ZONING BOARD OF APPEALS MEETING OF 03/09/17 PAGE 6 HEARING NO. HO 2 APPEAL NO. 17-20 THOMAS JACOBELLIS: (A) Variance to allow existing second story addition and one story rear side addition having less aggregate side yards than permitted by Ordinance. (B) Variance to allow existing rear deck having less rear yard setback than permitted by Ordinance; also encroachment of eave and gutter. (C) Variance to allow existing one story rear side addition, front portico, rear addition and 102 sq. ft. shed exceeding maximum building coverage than permitted by Ordinance. (D) Variance to allow existing rear deck, one story rear side addition, second story addition, front portico, rear addition and 102 sq. ft. shed exceeding maximum gross floor area than permitted by Ordinance. W/s/o Sea Breeze Rd., 190 ft. S/o Canal Rd., a/k/a 28 Sea Breeze Road, Massapequa, NY SEC. 65 BLK. 172 LOT 657 ZONE R1-7 HEARING NO. HO 3 APPEAL NO. 17-64 SYOSSET FRED BERDEGUEZ: Variance to allow existing raised wood deck having less rear yard setback and exceeding maximum building coverage than permitted by Ordinance. S/s/o Hillvale Rd., 224.08 ft. E/o Comet Rd., a/k/a 21 Hillvale Road, Syosset, NY SEC. 12 BLK. 504 LOT 19 ZONE R1-7 HEARING NO. HO 4 APPEAL NO. 17-63 JERICHO GLENN & JOY DEBELLO: (A) Variance to allow existing driveway having less side yard setback than permitted by Ordinance. (B) Amend Specific Plan as presented for Appeal No. 04-487 and granted by Decision of the Zoning Board of Appeals, dated October 21, 2004. S/s/o Schuyler Dr., 75 ft. E/o Clinton Ln., a/k/a 11 Schuyler Drive, Jericho, NY SEC. 11 BLK. 457 LOT 2 ZONE R1-10 FEBRUARY 27, 2017 BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF OYSTER BAY, OYSTER BAY, NEW YORK