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 1, 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. 14-330- AMENDMENT NORTH STEPHANIE ANASTOS-RATNER: (A) Amend Decision of Zoning Board of Appeals, dated September 18, 2014 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. E/s/o N. Bay Ave., 70 ft. N/o N. Pine St., a/k/a 944 N. Bay Avenue, North Massapequa, NY SEC 52 BLK 93 LOT 72 ZONE R1-7 HEARING NO. RC 2 APPEAL NO. 11-450- AMENDMENT GEORGE LOMBARDO: (A) Amend Decision of Zoning Board of Appeals, dated December 1, 2011 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. N/s/o Nassau Ave., 223.40 ft. W/o Westbury Ave., a/k/a 94 Nassau Avenue, Plainview, NY SEC 12 BLK 26 LOT 39 ZONE R1-7 HEARING NO. RC 3 APPEAL NO. 16-466- AMENDMENT CHRISTOPHER SMITH: Amend Specific Plan as presented for Appeal No. 16-466 and granted by Decision of the Zoning Board of Appeals, dated November 17, 2016, to allow existing driveway having less side yard setback than permitted by Ordinance. W/s/o Leewater Ave., 1,200 ft. S/o S. Bay Dr., a/k/a 69 Leewater Avenue, Massapequa, NY SEC. 66 BLK. 79 LOT 161 ZONE R1-10 HEARING NO. RC 4 APPEAL NO. 69-526- AMENDMENT SAMUEL AVATI: (A) Amend Decision of Zoning Board of Appeals, dated December 18, 1969 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 Scooter Ln., 245.80 ft. W/o Bloomingdale Rd., a/k/a 9 Scooter Lane, Hicksville, NY SEC 46 BLK 564 LOT 14 ZONE R1-7
ZONING BOARD OF APPEALS MEETING OF 03/01/18 PAGE 2 HEARING NO. 1 APPEAL NO. 18-47 IRWIN ELEANOR: (A) Variance to allow existing 6 ft. high fence exceeding maximum height across side/front yard and front yard than permitted by Ordinance. (B) Variance to allow existing second story addition having less side yard setback and rear yard setback than permitted by Ordinance; also encroachment of eave and gutter. SE/ cor. of Forest Ave. & Cleveland Pl., a/k/a 250 Forest Avenue, Massapequa, NY SEC. 65 BLK. 31 LOT 968 ZONE R1-7 HEARING NO. 2 APPEAL NO. 18-48 MORRIS MILLER: (A) Variance to allow existing vestibule having less average front yard setback than permitted by Ordinance. (B) Variance to allow existing screened porch, 10.33 ft. by 36.3 ft. one story addition, front roof-over, front dormer, one story rear addition and 10.6 ft. by 11.97 ft. one story addition having less side yard setback, aggregate side yards, exceeding maximum building coverage and gross floor area than permitted by Ordinance; also encroachment of eaves and gutters. (C) Variance to allow existing front dormer having less roof pitch than permitted by Ordinance. (D) Variance to allow existing 78.26 sq. ft. shed having less side yard setback and rear yard setback than permitted by Ordinance. (E) Amend Specific Plan as presented for Appeal No. 67-3 and granted by Decision of the Zoning Board of Appeals, dated January 26, 1967. S/s/o Franklin Pl., 350 ft. E/o Forest Ave., a/k/a 116 Franklin Place, Massapequa, NY SEC. 65 BLK. 19 LOT 1853 ZONE R1-7 HEARING NO. 3 APPEAL NO. 18-49 ROBERT & JOAN HOLOHAN: (A) Variance to allow existing 6 ft. high fence exceeding maximum height across front yard than permitted by Ordinance. (B) Variance to allow existing one story garage addition having less average front yard setback, side yard setback and aggregate side yards than permitted by Ordinance. (C) Variance to allow existing one story garage addition and rear addition exceeding maximum building coverage than permitted by Ordinance. N/s/o Harrison Pl., 180 ft. W/o Seaford Ave., a/k/a 7 Harrison Place, Massapequa, NY SEC. 65 BLK. 7 LOT 179 ZONE R1-7 HEARING NO. 4 APPEAL NO. 18-50 CATHERINE RICCITELLI: Variance to allow existing deck having less rear yard setback and exceeding maximum building coverage than permitted by Ordinance. 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. 5 APPEAL NO. 18-51 CHRISTOPHER DELACE: (A) Variance to construct screened-in porch exceeding maximum building coverage and gross floor area than permitted by Ordinance. (B) Amend Specific Plan as presented for Appeal No. 16-231 and granted by Decision of the Zoning Board of Appeals, dated June 2, 2016. S/s/o Ohio Ave., 323.7 ft. W/o Hicksville Rd., a/k/a 58 Ohio Avenue, Massapequa, NY SEC. 52 BLK. 262 LOT 2331 ZONE R1-7
ZONING BOARD OF APPEALS MEETING OF 03/01/18 PAGE 3 HEARING NO. 6 APPEAL NO. 18-52 FRANCIS ANTETOMASO: (A) Variance to allow existing first story deck, second story deck, pergola and two (2) sheds exceeding maximum gross floor area than permitted by Ordinance. (B) Variance to allow existing two (2) sheds having less side yard setback and exceeding maximum height than permitted by Ordinance. (C) Amend Specific Plan as presented for Appeal No. 00-602 and granted by Decision of the Zoning Board of Appeals, dated December 14, 2000. S/s/o Dolphin Dr., 237 ft. S/o Ocean Ave., a/k/a 1 Dolphin Drive, Massapequa, NY SEC. 65 BLK. 213 LOT 52 ZONE R1-7 HEARING NO. 7 APPEAL NO. 18-53 GLENN ADKINS: (A) Variance to allow existing front steps and landing having less average front yard setback than permitted by Ordinance. (B) Variance to allow existing second story wood deck with steps to grade having less side yard setback than permitted by Ordinance. (C) Variance to allow existing second story wood deck with steps and landings exceeding maximum building coverage than permitted by Ordinance. (D) Variance to allow existing second story wood deck with steps, front steps and landings exceeding maximum gross floor area than permitted by Ordinance. (E) Variance to allow existing stone planter abutting in-ground swimming pool having less side yard setback than permitted by Ordinance. (F) Amend Specific Plan as presented for Appeal No. 64-622 and granted by Decision of the Zoning Board of Appeals, dated October 15, 1964. E/s/o Forest Ave., 574.84 ft. S/o Garfield Pl., a/k/a 139 Forest Avenue, Massapequa, NY SEC. 65 BLK. 135 LOT 316 ZONE R1-7 HEARING NO. 8 APPEAL NO. 18-54 NANCY ALLOCCO: Variance to construct open front porch and one story rear addition exceeding maximum building coverage than permitted by Ordinance. S/s/o Cabot Rd., 315.24 ft. W/o Bay Dr., a/k/a 146 Cabot Road, Massapequa, NY SEC. 65 BLK. 163 LOT 11 ZONE R1-10/OHG HEARING NO. 9 APPEAL NO. 18-55 MICHAEL MURPHY: (A) Variance to install in-ground swimming pool having less front yard setback and side/front yard setback than permitted by Ordinance. (B) Variance to erect 6 ft. high fence exceeding maximum height across front yard (Cedar Shore Drive), side/front yard (Cabot Road), exceeding maximum height within 30 ft. of intersection and having less setback than permitted by Ordinance. SE/ cor. of Brewster Rd. & Cedar Shore Dr., a/k/a 126 Brewster Road, Massapequa, NY SEC. 65 BLK. 161 LOT 1 ZONE R1-10 HEARING NO. 10 APPEAL NO. 18-56 CHRISTOPHER HORDT: (A) Variance to construct front roof over porch exceeding maximum building coverage than permitted by Ordinance. (B) Amend Specific Plan as presented for Appeal No. 17-195 and granted by Decision of the Zoning Board of Appeals, dated May 18, 2017. E/s/o S. Bay Ave., 661.33 ft. S/o Jefferson Pl., a/k/a 57 S. Bay Avenue, Massapequa, NY SEC. 65 BLK. 1601 LOT 162 ZONE R1-7
ZONING BOARD OF APPEALS MEETING OF 03/01/18 PAGE 4 HEARING NO. 11 APPEAL NO. 18-57 NORTH JOHN & NANCY FLAIM: (A) Variance to allow existing side stoop having less side yard setback and aggregate side yards than permitted by Ordinance. (B) Variance to allow existing detached garage having less side yard setback, exceeding maximum height and building coverage than permitted by Ordinance. (C) Amend Specific Plan as presented for Appeal No. 57-315 and granted by Decision of the Zoning Board of Appeals, dated June 6, 1957. S/s/o N. Richmond Ave., 500 ft. W/o N. Central Ave., a/k/a 258 N. Richmond Ave., N. Massapequa, NY SEC. 52 BLK. 122 LOT 10 ZONE R1-7 HEARING NO. 12 APPEAL NO. 18-58 FARMINGDALE ALLEN G. SEYMOUR, JR.: Variance to install swimming pool heater having less front yard setback than permitted by Ordinance. N/s/o 8 th Ave., 600 ft. W/o Woodward Pkwy., a/k/a 33 8 th Avenue, Farmingdale, NY SEC. 48 BLK. 244 LOT 82 ZONE R1-7 HEARING NO. 13 APPEAL NO. 18-59 BETHPAGE ANDREW BAUR: Variance to construct second story addition and portico exceeding maximum building coverage than permitted by Ordinance. SE/ cor. of Seitz Dr. & Normandy Dr., a/k/a 27 Seitz Drive, Bethpage, NY SEC. 49 BLK. 196 LOT 1 ZONE R1-7 ---------------------------------------------------------------------------------------------------------------------------------- HEARING NO. 14 APPEAL NO. 18-60 JHON RUIZ DE CASTILLA: Variance to allow existing 15 ft. by 11 ft. rear shed exceeding maximum height than permitted by Ordinance. N/s/o Chance St., 57 ft. E/o Tinkers Pl., a/k/a 20 Chance Street, Hicksville, NY SEC. 11 BLK. 422 LOT 10 ZONE R1-6 HEARING NO. 15 APPEAL NO. 18-61 HARSH PATEL: Variance to allow existing 5 ft. high fence exceeding maximum height across side/front yard (Dawn Lane) than permitted by Ordinance. SE/ cor. of Fox Pl. & Dawn Ln., a/k/a 60 Fox Place, Hicksville, NY SEC. 45 BLK. 305 LOT 20 ZONE R1-7 HEARING NO. 16 APPEAL NO. 18-62 LOUISE GUILIANO: (A) Variance to allow existing front open porch and steps to grade having less average front yard setback than permitted by Ordinance. (B) Variance to allow existing front open porch having less side yard setback than permitted by Ordinance. (C) Variance to allow existing first story overhang having less aggregate side yards than permitted by Ordinance. (D) Variance to allow existing rear wood deck and front open porch exceeding maximum gross floor area than permitted by Ordinance. (E) Variance to allow existing rear shed having less side yard setback than permitted by Ordinance. S/s/o Washington Ave., 300 ft. E/o Vincent Rd., a/k/a 11 Washington Avenue, Hicksville, NY SEC. 12 BLK. 321 LOT 9 ZONE R1-7
ZONING BOARD OF APPEALS MEETING OF 03/01/18 PAGE 5 HEARING NO. 17 APPEAL NO. 18-63 JOHANNES SANCHEZ: (A) Variance to construct 14 ft. by 21 ft. detached garage exceeding lot coverage and gross floor area than permitted by Ordinance. (B) Variance to construct driveway having less side yard setback than permitted by Ordinance. E/s/o Haverford Rd., 303.92 ft. S/o Hollins Rd., a/k/a 58 Haverford Road, Hicksville, NY SEC. 12 BLK. 344 LOT 10 ZONE R1-7 HEARING NO. 18 APPEAL NO. 18-64 MARGARET HAGEN: (A) Variance to allow existing front addition having less average front yard setback than permitted by Ordinance; also encroachment of eave and gutter. (B) Variance to allow existing side addition having less aggregate side yard than permitted by Ordinance. (C) Variance to allow existing shed having less side yard setback than permitted by Ordinance. E/s/o Haverford Rd., 379.68 ft. S/o Hollins Rd., a/k/a 56 Haverford Road, Hicksville, NY SEC. 12 BLK. 344 LOT 11 ZONE R1-7 HEARING NO. 19 APPEAL NO. 18-65 OLD BETHPAGE ROBIN WEISS: (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 two when three spaces are required. (C) Variance to allow the accessory unit exceeding maximum number of bedrooms to remain. (D) Variance to allow existing wood deck and steps to grade from second story deck exceeding maximum gross floor area than permitted by Ordinance. (E) Variance to allow existing driveway having less side yard setback than permitted by Ordinance. E/s/o Maggio Ln., 215.68 ft. N/o Hay Path Rd., a/k/a 8 Maggio Lane, Old Bethpage, NY SEC. 47 BLK. 88 LOT 23 ZONE R1-7 HEARING NO. 20 APPEAL NO. 18-66 MICHAEL MARIONI: Variance to construct two story addition and roofed-over front porch with steps to grade having less average front yard setback than permitted by Ordinance; also encroachment of eave and gutter. E/s/o Shelter Hill Rd., 76.74 ft. S/o Steven Ln., a/k/a 26 Shelter Hill Road, Plainview, NY SEC. 12 BLK. 464 LOT 34 ZONE R1-7 HEARING NO. 21 APPEAL NO. 18-67 SAFEGUARD PROPERTIES II, LLC: (A) Variance to construct a building having less front yard setback and exceeding maximum number of stories than permitted by Ordinance. (B) Variance for the reduction of off-street parking spaces. Reduction of spaces to 17 when 40 spaces are required. N/s/o Old Country Rd., 165 ft. E/o Newton Rd., a/k/a 1522 Old Country Road, Plainview, NY SEC. 13 BLK. 89 LOT 42 ZONE LI
ZONING BOARD OF APPEALS MEETING OF 03/01/18 PAGE 6 HEARING NO. 22 APPEAL NO. 18-68 GLENN D ALESSANDRO: (A) Variance to construct two story additions, one story addition and roofed-over front porch having less average front yard setback than permitted by Ordinance; also encroachment of eaves and gutters. (B) Variance to construct two story additions and second story addition exceeding maximum height than permitted by Ordinance. (C) Variance to construct two story additions, one story addition, roofed-over front porch and existing shed exceeding maximum building coverage than permitted by Ordinance. (D) Variance to construct two story additions, first floor addition, second floor additions, second floor balcony and rear deck exceeding maximum gross floor area than permitted by Ordinance. (E) Variance to allow existing shed having less side yard setback than permitted by Ordinance. W/s/o Hofstra Dr., 134.42 ft. S/o Bucknell Dr., a/k/a 75 Hofstra Drive, Plainview, NY SEC. 13 BLK. 92 LOT 37 ZONE R1-20 HEARING NO. 23 APPEAL NO. 18-69 JERICHO JIANG LIU: Variance to construct new dwelling partially on existing foundation exceeding maximum building coverage, gross floor area, having less roof pitch and average side/front yard setback than permitted by Ordinance; also encroachment of eaves and gutters. SE/ cor. of Dewey St. & Leahy St., a/k/a 100 Dewey Street, Jericho, NY SEC. 11 BLK. 358 LOT 21 ZONE R1-10 HEARING NO. 24 APPEAL NO. 18-70 SYOSSET PAUL SOREN: Variance to allow existing deck having less rear yard setback than permitted by Ordinance. N/s/o Hillvale Rd., 635 ft. W/o Village Rd., a/k/a 20 Hillvale Road, Syosset, NY SEC. 12 BLK. 351 LOT 27 ZONE R1-7 HEARING NO. 25 APPEAL NO. 18-71 SYOSSET BIREN DHULIA: Variance to allow existing 6 ft. high fence exceeding maximum height across side/front yard than permitted by Ordinance. SW/ cor. of Birchwood Park Dr. & S. Oyster Bay Rd., a/k/a 115 Birchwood Park Dr., Syosset, NY SEC. 12 BLK. 366 LOT 48 ZONE R1-10 HEARING NO. 26 APPEAL NO. 18-72 OYSTER BAY RAYMOND & MARYANN STARKE: (A) Variance to allow existing generator having less side yard setback than permitted by Ordinance. (B) Variance to allow existing pergola exceeding maximum building coverage than permitted by Ordinance. E/s/o Summers St., N/o Soundview Ave., a/k/a 159 Summers Street, Oyster Bay, NY SEC. 27 BLK. 7 LOT 42 ZONE R1-6/OB
ZONING BOARD OF APPEALS MEETING OF 03/01/18 PAGE 7 HEARING NO. 27 APPEAL NO. 17-516 SYOSSET BRIAN JUNG: (A) Variance to allow existing swimming pool, filter and heater in front yard. (B) Variance to allow existing 6 ft. high fence exceeding maximum height across front yard than permitted by Ordinance. (C) Variance to allow existing shed having less setback than permitted by Ordinance. SW/ cor. of Michael Rd. & Birchwood Ct. E., a/k/a 17 Michael Road, Syosset, NY SEC. 12 BLK. 366 LOT 25 ZONE R1-7 HEARING NO. HO 1 APPEAL NO. 17-489 PARWANA & ASADULLAH NAWABI: Variance to allow existing dwelling on sub-divided lot having less lot area and side yard setback than permitted by Ordinance. (PARCEL A) N/s/o Prospect St., 178.94 ft. E/o Bay Ave., a/k/a 6 Prospect Street, Hicksville, NY SEC. 12 BLK. 187 LOT 90 ZONE R1-7 HEARING NO. HO 2 APPEAL NO. 17-490 PARWANA NAWABI: (A) Variance to construct new dwelling on sub-divided lot having less lot area, side yard setback, rear yard setback, roof pitch, exceeding maximum building coverage and gross floor area than permitted by Ordinance; also encroachment of eaves and gutters. (B) Variance to construct driveway having less side yard setback than permitted by Ordinance. (PARCEL B) N/s/o Prospect St., 178.94 ft. E/o Bay Ave., a/k/a 6 Prospect Street, Hicksville, NY SEC. 12 BLK. 187 LOT 87 ZONE R1-7 HEARING NO. HO 3 APPEAL NO. 17-388 KENDRA WALINCHUS: (A) Variance to allow existing in-ground swimming pool having less rear yard setback than permitted by Ordinance. (B) Variance to allow existing pool equipment having less front yard setback than permitted by Ordinance. SW/ cor. of Cleveland Ave. & Forest Ave., a/k/a 20 Cleveland Avenue, Massapequa, NY SEC. 52 BLK. 240 LOT 992 ZONE R1-7 HEARING NO. HO 4 APPEAL NO. 17-499 JOSEPH C. KING: (A) Variance to allow existing dwelling to be raised exceeding maximum height than permitted by Ordinance. (B) Variance to allow existing dwelling to be raised, proposed steps and landings, expanded raised front porch and existing sheds exceeding maximum building coverage than permitted by Ordinance. (C) Variance to allow existing dwelling to be raised, proposed steps and landings and expanded raised front porch exceeding maximum gross floor area than permitted by Ordinance. (D) Variance to construct rear landing with steps to grade having less rear yard setback than permitted by Ordinance. (E) Variance to allow two (2) existing rear small sheds having less side yard setback than permitted by Ordinance. (F) Amend Specific Plan as presented for Appeal No. 03-546 and granted by Decision of the Zoning Board of Appeals, dated October 30, 2003. E/s/o Alhambra Rd., 68.99 ft. S/o Granada Pl., a/k/a 97 Alhambra Road, Massapequa, NY SEC. 65 BLK. 171 LOT 752 ZONE R1-7 FEBRUARY 19, 2018 BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF OYSTER BAY, OYSTER BAY, NEW YORK