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 MARCH 14, 2019, at 7:00 P. M., to consider the following appeals: BY ORDER OF THE ZONING BOARD OF APPEALS HEARING NO. RC 1 APPEAL NO. 88-486- AMENDMENT MARIANNE DRAGO: (A) Amend Decision of Zoning Board of Appeals, dated September 29, 1988 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. NE/ cor. of Fulton Ave. & Briggs St., a/k/a 40 Fulton Avenue, Hicksville, NY SEC 12 BLK 310 LOT 17 ZONE R1-7 HEARING NO. 1 APPEAL NO. 19-98 THOMAS KRENN: (A) Variance to allow existing one story addition and enclosed porch having less aggregate side yards than (B) Variance to allow existing metal awning having less side yard setback than (C) Variance to allow existing one story addition, enclosed porch and metal awning exceeding maximum building coverage than (D) Variance to allow existing driveway having less side yard setback than (E) Amend Specific Plans as presented for Appeal No. 00-624 and granted by Decision of the Zoning Board of Appeals, dated November 16, 2000. W/s/o Seaford Ave., 200 ft. S/o Sycamore St., a/k/a 348 Seaford Avenue, Massapequa, NY SEC. 57 BLK. 174 LOT 11 ZONE R1-7 HEARING NO. 2 APPEAL NO. 19-99 LAWRENCE MAGGIOTTO: Variance to install natural gas generator having less side yard setback than W/s/o E. Shore Dr., 296.20 ft. N/o S. Bay Dr., a/k/a 285 E. Shore Drive, Massapequa, NY SEC. 66 BLK. 63 LOT 17 ZONE R1-10
ZONING BOARD OF APPEALS MEETING OF 03/14/19 PAGE 2 HEARING NO. 3 APPEAL NO. 19-100 ANTHONY ARANGO: (A) Variance to allow existing vestibule with steps and landing having less front yard setback than (B) Variance to allow existing vestibule, second floor balcony, wood deck and carport having less side yard setback, exceeding maximum building coverage and gross floor area than (C) Variance to allow existing carport and second floor balcony having less aggregate side yards than (D) Variance to allow existing air conditioning unit having less side yard setback than permitted by Ordinance. (E) Variance to allow existing driveway having less side yard setback than permitted by Ordinance. (F) Amend Specific Plans as presented for Appeal No. 97-64 and granted by Decision of the Zoning Board of Appeals, dated February 27, 1997. E/s/o E. Shore Dr., 960 ft. N/o Community Beach, a/k/a 300 E. Shore Drive, Massapequa, NY SEC. 66 BLK. 64 LOT 55 ZONE R1-10 HEARING NO. 4 APPEAL NO. 19-101 EDNA KOWALCZYK: Variance to construct second floor addition having less average front yard setback than N/s/o Rhode Island Ave., 267.12 ft. W/o Hicksville Rd., a/k/a 29 Rhode Island Ave., Massapequa, NY SEC. 52 BLK. 138 LOT 18A ZONE R1-7 HEARING NO. 5 APPEAL NO. 19-102 BRIAN RIXON: Variance to construct deck having less side yard setback, rear yard setback, exceeding maximum building coverage and gross floor area than S/s/o Seneca Pl., 192.91 ft. W/o W. Shore Dr., a/k/a 2 Seneca Place, Massapequa, NY SEC. 66 BLK. 92 LOT 1 ZONE R1-10 HEARING NO. 6 APPEAL NO. 19-103 DIMITRI DAMIRIS: (A) Variance to construct second floor addition having less average front yard setback and side yard setback than permitted by Ordinance; also encroachment of eave and gutter. (B) Amend Specific Plan as presented for Appeal No. 03-488 and granted by Decision of the Zoning Board of Appeals, dated October 9, 2003. S/s/o E. Shore Dr., 209.67 ft. W/o Harbor Pl., a/k/a 218 E. Shore Drive, Massapequa, NY SEC. 66 BLK. 64 LOT 139 ZONE R1-10 HEARING NO. 7 APPEAL NO. 19-104 CEDAR-CARMANS, LLC: Variance for the reduction of off-street parking spaces. Reduction of spaces to 965 when 1277 spaces are required. NE/ cor. of Carmans Rd. & Bernard St., a/k/a 997 Carmans Road, Massapequa, NY SEC. 53 BLK. 160 LOT 40 ZONE NB
ZONING BOARD OF APPEALS MEETING OF 03/14/19 PAGE 3 HEARING NO. 8 APPEAL NO. 19-105 NORTH WILLIAM & SALLYANN MAHER: (A) Variance to construct one story addition and portico, and existing rear roofed over patio and shed exceeding maximum building coverage than permitted by Ordinance. (B) Variance to allow existing 10.2 ft. by 8.2 ft. shed having less side yard setback than N/s/o N. Atlanta Ave., 160 ft. E/o N. Central Ave., a/k/a 289 N. Atlanta Ave., N. Massapequa, NY SEC. 52 BLK. 65 LOT 1465 ZONE R1-7 HEARING NO. 9 APPEAL NO. 19-106 NORTH MICHAEL CERVINI: (A) Variance to allow existing roofed-over front porch having less average front yard setback than (B) Variance to construct rear addition, rear roofed-over patio and existing front roofed-over patio exceeding maximum building coverage than (C) Variance to construct second story addition and two story addition having less roof pitch than S/s/o N. Utica Ave., 160 ft. W/o N. Central Dr., a/k/a 290 N. Utica Avenue, N. Massapequa, NY SEC. 52 BLK. 69 LOT 504 ZONE R1-7 HEARING NO. 10 APPEAL NO. 19-107 NORTH DANIEL MULVEY: Variance to construct circular driveway having less front yard setback than S/s/o N. Richmond Ave., 140 ft. W/o N. Central Ave., a/k/a 240 N. Richmond Ave., N. Massapequa, NY SEC. 52 BLK. 122 LOT 26 ZONE R1-7 HEARING NO. 11 APPEAL NO. 19-108 NORTH MICHAEL HERR: Variance to allow existing shed having less side yard setback than permitted by Ordinance. S/s/o Margaret Rd., 90 ft. E/o Daniel Rd. N., a/k/a 15 Margaret Road, North Massapequa, NY SEC. 52 BLK. 481 LOT 13 ZONE R1-7 HEARING NO. 12 APPEAL NO. 19-109 FARMINGDALE JUSTIN LAUB: Variance to allow existing 12 ft. by 26.4 ft. second floor deck with sliding glass door, platform and steps having less side yard setback and aggregate side yards than permitted by Ordinance. S/s/o Intervale Ave., 180 ft. E/o Juniper St., a/k/a 18 Intervale Avenue, Farmingdale, NY SEC. 48 BLK. 266 LOT 19 ZONE R1-7
ZONING BOARD OF APPEALS MEETING OF 03/14/19 PAGE 4 HEARING NO. 13 APPEAL NO. 19-110 BETHPAGE ERIBERTO RAMOS: (A) Variance to allow existing front steps and landing having less average front yard setback than (B) Variance to allow existing enclosed porch having less side yard setback and exceeding maximum building coverage than permitted by Ordinance; also encroachment of eaves and gutters. (C) Variance to allow existing deck having less side yard setback than (D) Variance to allow existing 6 ft. high PVC fence exceeding maximum height across front yard (Oak Lane) than SW/ cor. of Normandy Dr. & Oak Ln., a/k/a 39 Normandy Drive, Bethpage, NY SEC. 49 BLK. 239 LOT 3 ZONE R1-7 ---------------------------------------------------------------------------------------------------------------------------------- HEARING NO. 14 APPEAL NO. 19-111 BETHPAGE JAY ABELES: (A) Special Use Permit for an existing home business (Podiatrist) in a one-family dwelling. (B) Variance to allow existing home business exceeding maximum area than permitted by Ordinance. (C) Variance to allow existing double sided ground sign exceeding maximum area than (D) Variance to construct second story addition having less side yard setback than (E) Variance to construct widened driveway having less side yard setback than NW/ cor. of Gloria Rd. & Hicksville Rd., a/k/a 4174 Gloria Road, Bethpage, NY SEC. 52 BLK. 316 LOT 15 ZONE R1-7 HEARING NO. 15 APPEAL NO. 19-112 BETHPAGE RICHARD CAVALIERI: (A) Variance to construct second floor addition having less average front yard setback and aggregate side yards than (B) Variance to allow existing wood deck having less side yard setback than (C) Variance for the reduction of off-street parking spaces. Reduction of spaces to 1 when 2 spaces are required. N/s/o Berkshire Rd., 149.22 ft. W/o Essex Rd., a/k/a 79 Berkshire Road, Bethpage, NY SEC. 46 BLK. 502 LOT 18 ZONE R1-7 HEARING NO. 16 APPEAL NO. 19-113 NASSAU STEEL LLC: BETHPAGE Variance to construct sound wall exceeding maximum height than S/s/o Aerospace Blvd., E/o S. Oyster Bay Rd., a/k/a 999 S. Oyster Bay Rd., Bethpage, NY SEC. 46 BLK. G LOT 98 ZONE LI HEARING NO. 17 APPEAL NO. 19-114 SHAKILA BARAKZAI: Variance to allow existing driveway having less side yard setback than N/s/o Seventh St., 179 ft. E/o Division Ave., a/k/a 184 Seventh Street, Hicksville, NY SEC. 45 BLK. 90 LOT 125 ZONE R1-7
ZONING BOARD OF APPEALS MEETING OF 03/14/19 PAGE 5 HEARING NO. 18 APPEAL NO. 19-115 STEPHEN GOURLAY: (A) Variance to allow existing addition having less side yard setback than (B) Variance to allow existing 7.84 ft. by 8.21 ft. shed having less rear yard setback than (C) Variance to allow existing rear deck and rear roof over exceeding maximum building coverage than (D) Amend Specific Plan as presented for Appeal No. 02-429 and granted by Decision of the Zoning Board of Appeals, dated September 5, 2002. S/s/o Spruce St., 450.58 ft. N/o Larch St., a/k/a 75 Spruce Street, Hicksville, NY SEC. 12 BLK. 328 LOT 50 ZONE R1-7 HEARING NO. 19 APPEAL NO. 19-116 CHARLES TENEY: (A) Variance to allow existing one story addition having less front yard setback, side yard setback and aggregate side yards than (B) Variance to allow existing oil tank having less side yard setback than S/s/o Thimble Ln., 315.12 ft. W/o Division Ave., a/k/a 32 Thimble Lane, Hicksville, NY SEC. 45 BLK. 294 LOT 11 ZONE R1-7 HEARING NO. 20 APPEAL NO. 19-117 DENNIS GRZIC: (A) Variance to construct front roofed over porch and rear roofed over porch having less side yard setback than (B) Variance to construct front roofed over porch having less front yard setback than (C) Variance to install two (2) air conditioning unit having less side yard setback than (D) Variance to allow existing driveway having less side yard setback than W/s/o Mayflower Dr., 335.95 ft. S/o Woodbine Dr. N., a/k/a 14 Mayflower Drive, Hicksville, NY SEC. 46 BLK. 512 LOT 7 ZONE R1-7 HEARING NO. 21 APPEAL NO. 19-118 MICHAEL LEONE: (A) Variance to construct one story addition having less side yard setback and exceeding maximum building coverage than permitted by Ordinance; also encroachment of eaves and gutters. (B) Amend Specific Plans as presented for Appeal No. 79-75 and granted by Decision of the Zoning Board of Appeals, dated March 2, 1979. N/s/o Buckner Ave., 220 ft. E/o Stanford Ln., a/k/a 7 Buckner Avenue, Hicksville, NY SEC. 45 BLK. 493 LOT 40 ZONE R1-7 HEARING NO. 22 APPEAL NO. 19-119 JENNIFER RUIZ & ANTHONY MANGIARCINA: (A) Variance to construct dormer having less average side/front yard setback (August Lane) and roof pitch than (B) Variance to construct one story garage and storage space addition having less side yard setback than permitted by Ordinance; also encroachment of eaves and gutters. (C) Variance to construct additions and front roof overs exceeding maximum building coverage than (D) Variance to allow existing 6 ft. high fence exceeding maximum height in front yard (August Lane) than NW/ cor. of Acre Ln. & August Ln, a/k/a 287 Acre Lane, Hicksville, NY SEC. 45 BLK. 347 LOT 15 ZONE R1-7
ZONING BOARD OF APPEALS MEETING OF 03/14/19 PAGE 6 HEARING NO. 23 APPEAL NO. 19-120 VINCENT LEONE: Variance to construct second floor addition with 1.5 ft. cantilever and two story rear addition having less side yard setback and aggregate side yards than permitted by Ordinance; also encroachment of eave and gutter. S/s/o Gables Rd., 65.65 ft. E/o Gables Dr., a/k/a 10 Gables Road, Hicksville, NY SEC. 12 BLK. 284 LOT 1 ZONE R1-7 HEARING NO. 24 APPEAL NO. 19-121 OLD BETHPAGE HOWARD WEINER: (A) Variance to allow existing 6 ft. high wood fence exceeding maximum height across side/front yard than (B) Variance to allow existing wood decks and hot tub having less side yard setback than SE/ cor. of Pine Dr. & Cedar Dr. E., a/k/a 14 Pine Drive, Old Bethpage, NY SEC. 47 BLK. 100 LOT 7 ZONE R1-10 HEARING NO. 25 APPEAL NO. 19-122 PLAINVIEW JOSEPH & SUSAN CASSANO: Variance to allow existing dwelling on sub-divided lot having less aggregate side yards, exceeding maximum building coverage and gross floor area than permitted by Ordinance. (PARCEL A) S/s/o Sunrise St., 320 ft. E/o Universal Blvd., a/k/a 35 Sunrise Street, Plainview, NY SEC. 12 BLK. 43 LOT 113 ZONE R1-7 HEARING NO. 26 APPEAL NO. 19-123 WOODBURY WILLIAM CASTOR: Variance to install in-ground swimming pool and pool equipment having less front yard setback than E/s/o Keri Way, S/o Syosset Woodbury Rd., a/k/a 70 Keri Way, Woodbury, NY SEC. 14 BLK. D LOT 750 ZONE R1-20 HEARING NO. 27 APPEAL NO. 19-124 JERICHO DAVID DEON & LESLIE KANG: Variance to construct rear deck, rear two story addition, two (2) rear one story additions and front portico exceeding maximum building coverage than permitted by Ordinance. N/s/o Orange Dr., 274.74 ft. W/o Tompkins Ave., a/k/a 30 Orange Drive, Jericho, NY SEC. 11 BLK. 434 LOT 4 ZONE R1-10 HEARING NO. 28 APPEAL NO. 19-125 SYOSSET SYED MOHSIN: Variance to allow existing 6 ft. high fence exceeding maximum height across side/front yard (Honey Drive) than SE/ cor. of Convent Rd. & Honey Dr., a/k/a 46 Convent Road, Syosset, NY SEC. 15 BLK. 88 LOT 17 ZONE R1-7
ZONING BOARD OF APPEALS MEETING OF 03/14/19 PAGE 7 HEARING NO. 29 APPEAL NO. 19-126 EAST NORWICH JOHN GALASSO: (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 addition having less roof pitch than (C) Variance to allow existing widened driveway having less side yard setback than N/s/o Peachtree Dr., 369.35 ft. W/o Whippet Ln., a/k/a 140 Peachtree Drive, East Norwich, NY SEC. 27 BLK. 78 LOT 6 ZONE R1-10 HEARING NO. 30 APPEAL NO. 19-127 OYSTER BAY MARY MEYERS: Variance to allow existing second floor deck having less side yard setback than W/s/o Lexington Ave., 134.01 ft. N/o Capital Heights Rd., a/k/a 100 Lexington Ave., Oyster Bay, NY SEC. 24 BLK. 2 LOT 51 ZONE R1-10 HEARING NO. HO 1 APPEAL NO. 18-125 GLEN HEAD ROSARIO DIMAGGIO: Variance to construct front porch and two bay windows having less average front yard setback than S/s/o Libby Dr., 134.66 ft. E/o Linda Ct., a/k/a 12 Libby Drive, Glen Head, NY SEC. 23 BLK. 67 LOT 2 ZONE R1-1A HEARING NO. HO 2 APPEAL NO. 19-91 PLAINVIEW SUNRISE STREET PARTNERS LLC: Variance to construct new dwelling on sub-divided lot having less lot area and width of lot than (PARCEL C) S/s/o Sunrise St., 472.91 ft. E/o Universal Blvd., a/k/a 39 Sunrise Street, Plainview, NY SEC. 12 BLK. 43 LOT 116 ZONE R1-7 HEARING NO. HO 3 APPEAL NO. 19-92 PLAINVIEW SUNRISE STREET PARTNERS LLC: Variance to construct new dwelling on sub-divided lot having less lot area and width of lot than (PARCEL B) S/s/o Sunrise St., 408.41 ft. E/o Universal Blvd., a/k/a 37 Sunrise Street, Plainview, NY SEC. 12 BLK. 43 LOT 25 ZONE R1-7 HEARING NO. HO 4 APPEAL NO. 18-402 SCOTT BRUMBER: (A) Variance to construct detached garage having less front yard setback and side yard setback than (B) Variance to allow existing pavilion having less rear yard setback and exceeding maximum height than (C) Variance to construct detached garage and existing pavilion exceeding maximum gross floor area than S/s/o Walter Ave., W/o Joseph Ln., a/k/a 55 Walter Avenue, Hicksville, NY SEC. 46 BLK. 631 LOT 6 ZONE R1-10
ZONING BOARD OF APPEALS MEETING OF 03/14/19 PAGE 8 HEARING NO. HO 5 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 (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 MARCH 4, 2019 BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF OYSTER BAY, OYSTER BAY, NEW YORK