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 LOIS SCHMITT LEWIS J. YEVOLI RITA BYRNE KATHLEEN MULLIGAN JOHN J. FANNING REBECCA M. ALESIA ********************************************************************************************** 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 28, 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. 98-87- AMENDMENT BETHPAGE LISA FALCONE: (A) Amend Decision of Zoning Board of Appeals, dated February 19, 1998 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. E/s/o Essex Rd., 330 ft. S/o Warwick Rd., a/k/a 67 Essex Road, Bethpage, NY SEC 46 BLK 155 LOT 50 ZONE R1-7 HEARING NO. RC 2 APPEAL NO. 03-353 - AMENDMENT BONNIE KOULETSIS: Amend Specific Plan as presented for Appeal No. 03-353 and granted by Decision of the Zoning Board of Appeals, dated July 24, 2003, to allow existing finished basement to remain. SW/ cor. of Unqua Rd. & Suffolk Rd., a/k/a 105 Unqua Road, Massapequa, NY SEC. 66 BLK. 24 LOT 1 ZONE R1-10 HEARING NO. RC 3 APPEAL NO. 82-242- AMENDMENT DAVID MOTTOLI: (A) Amend Decision of Zoning Board of Appeals, dated July 21, 1982 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 Smith St., 156.86 ft. N/o Ronald Ave., a/k/a 27 Smith Street, Hicksville, NY SEC 12 BLK 158 LOT 64 ZONE R1-7 HEARING NO. 1 APPEAL NO. 19-128 JOSEPH TRAMUTOLO: (A) Variance to allow existing front garage addition having less side yard setback than permitted by Ordinance; also encroachment of eaves and gutters. (B) Variance to allow existing barbeque having less rear yard setback than permitted by (C) Variance to allow existing 6 ft. high PVC fence exceeding maximum height across side/front yard (Saint Marks Place) than permitted by (D) Variance to allow existing 4 ft. high PVC fence exceeding maximum height within 30 feet of an intersection than permitted by NW/ cor. of Ocean Ave. & St. Marks Pl., a/k/a 116 Ocean Avenue, Massapequa, NY SEC. 65 BLK. 36 LOT 81 ZONE R1-10
ZONING BOARD OF APPEALS MEETING OF 03/28/19 PAGE 2 HEARING NO. 2 APPEAL NO. 19-129 DARLYN HUTO: Variance to allow an existing second kitchen in a one-family dwelling for use as a PARENT/CHILD residence. N/s/o New Hampshire Ave., 732 ft. W/o Central Ave., a/k/a 83 New Hampshire Ave., Massapequa, NY SEC. 52 BLK. 183 LOT 1209 ZONE R1-7 HEARING NO. 3 APPEAL NO. 19-130 MANUEL LEITES: Variance to erect 6 ft. high fence exceeding maximum height across side/front yard than permitted by SE/ cor. of Beaumont Ave. & Amherst Pl., a/k/a 5 Beaumont Avenue, Massapequa, NY SEC. 57 BLK. 220 LOT 22 ZONE R1-7 HEARING NO. 4 APPEAL NO. 19-131 NORTH JOHN & TINA RAFFAELE: Variance to allow an existing second kitchen in a one-family dwelling for use as a PARENT/CHILD residence. S/s/o N. Suffolk Ave., 460 ft. E/o Summit Dr., a/k/a 122 N. Suffolk Ave., N. Massapequa, NY SEC. 48 BLK. 85 LOT 1268 ZONE R1-7 HEARING NO. 5 APPEAL NO. 19-132 NORTH ALLISON QUINN: Variance to construct second story addition and roofed-over front porch having less average front yard setback and side yard setback than permitted by Ordinance; also encroachment of eaves and gutters. S/s/o N. Nassau Ave., 360 ft. W/o N. Central Ave., a/k/a 252 N. Nassau Ave., N. Massapequa, NY SEC. 52 BLK. 118 LOT 79 ZONE R1-7 HEARING NO. 6 APPEAL NO. 19-133 SEAFORD KATE LOMBARDO: (A) Variance to allow existing swimming pool with attached pool deck having less rear yard setback than permitted by (B) Variance to allow existing shed having less side yard setback than permitted by (C) Variance to allow existing widened driveway having less side yard setback than permitted by SW/ cor. of Old Post Rd. & Kildare Cres., a/k/a 4048 Old Post Road, Seaford, NY SEC. 52 BLK. 453 LOT 102 ZONE R1-7 HEARING NO. 7 APPEAL NO. 19-134 FARMINGDALE BERNADETTE SOKA: (A) Variance to allow existing 6 ft. high fence exceeding maximum height across front yard than permitted by (B) Variance to allow existing sunroom having less rear yard setback than permitted by NE/ cor. of Birch Pl. & Hemlock Dr., a/k/a 1 Birch Place, Farmingdale, NY SEC. 49 BLK. 21 LOT 19 ZONE R1-7
ZONING BOARD OF APPEALS MEETING OF 03/28/19 PAGE 3 HEARING NO. 8 APPEAL NO. 19-135 FARMINGDALE 850 MAIN STREET REALTY CORP.: (A) Variance to allow interior alterations to a portion of nonconforming building in residential zone to change the use of the altered area (pizzeria). (B) Variance to allow the installation of 33 ft. by 5 ft. high awning in residential zone. SW/ cor. of Main St. & Frank Ave., a/k/a 850 Main Street, Farmingdale, NY SEC. 48 BLK. 269 LOT 8 ZONE R1-7 HEARING NO. 9 APPEAL NO. 19-136 BETHPAGE CAMILLE NOREN: Variance to construct a second kitchen in a one-family dwelling for use as a PARENT/CHILD residence. N/s/o Central Blvd., 80 ft. W/o Troscher Ln., a/k/a 35 Central Boulevard, Bethpage, NY SEC. 46 BLK. K LOT 708 ZONE R1-7 HEARING NO. 10 APPEAL NO. 19-137 BETHPAGE RICK FIUMARA: (A) Variance to construct second story addition with cantilever having less side yard setback than permitted by (B) Variance to construct second story addition with cantilever, roof-over porch and detached garage exceeding maximum building coverage than permitted by (C) Variance to construct second story addition with cantilever and detached garage exceeding maximum gross floor area than permitted by (D) Variance to construct driveway having less side yard setback than permitted by N/s/o Dennis Ln., 204.18 ft. W/o Elizabeth Dr., a/k/a 6 Dennis Lane, Bethpage, NY SEC. 49 BLK. 195 LOT 18 ZONE R1-7 HEARING NO. 11 APPEAL NO. 19-138 LINDA RUTIGLIANO: (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 side vestibule entryway to remain. (D) Variance to allow existing 142.8 sq. ft. framed shed abutting wood deck having less side yard setback than permitted by (E) Variance to allow existing 89.3 sq. ft. shed having less side yard setback than permitted by (F) Variance to allow existing enclosed second story entry, cabana, rear addition and wood deck exceeding maximum gross floor area than permitted by W/s/o Lesley Ct., 44.01 ft. N/o Alling St., a/k/a 11 Lesley Court, Hicksville, NY SEC. 12 BLK. 370 LOT 25 ZONE R1-7 HEARING NO. 12 APPEAL NO. 19-139 NAJIM FAQIRI: (A) Variance to construct second story addition having less side yard setback and aggregate side yards than permitted by Ordinance; also encroachment of eaves and gutters. (B) Variance to construct front portico and existing 124 sq. ft. shed exceeding maximum building coverage than permitted by (C) Variance to construct second story addition, front portico and existing 124 sq. ft. shed exceeding maximum gross floor area than permitted by (D) Variance to allow existing 124 sq. ft. shed having less side yard setback and rear yard setback than permitted by (E) Amend Specific Plan as presented for Appeal No. 67-430 and granted by Decision of the Zoning Board of Appeals, dated October 11, 1967. S/s/o Genesee St., 50 ft. W/o West Ave., a/k/a 5A Genesee Street, Hicksville, NY SEC. 45 BLK. 45 LOT 107 ZONE R1-7
ZONING BOARD OF APPEALS MEETING OF 03/28/19 PAGE 4 HEARING NO. 13 APPEAL NO. 19-140 NICOLA MARYANN RODRIGUES: (A) Variance to allow existing second story deck and front portico exceeding maximum building coverage than permitted by (B) Variance to allow existing first floor and second story deck exceeding maximum gross floor area than permitted by W/s/o East End Ave., S/o Bruce Ave., a/k/a 60 East End Avenue, Hicksville, NY SEC. 12 BLK. 296 LOT 1 ZONE R1-7 ---------------------------------------------------------------------------------------------------------------------------------- HEARING NO. 14 APPEAL NO. 19-141 JEFFREY & PATRICIA LOPEZ: (A) Variance to construct addition having less side yard setback and aggregate side yards than permitted by Ordinance; also encroachment of eave and gutter. (B) Variance to construct two story addition and existing deck, porch and shed exceeding maximum gross floor area than permitted by (C) Variance to construct addition and shed exceeding maximum building coverage than permitted by (D) Variance to allow existing 117 sq. ft. shed having less side yard setback and rear yard setback than permitted by N/s/o Preston Ln., 369.78 ft. E/o Division Ave., a/k/a 15 Preston Lane, Hicksville, NY SEC. 45 BLK. 484 LOT 11 ZONE R1-7 HEARING NO. 15 APPEAL NO. 19-142 OLD BETHPAGE JAY LEVINE: Variance to allow existing 7.9 ft. by 13.4 ft. shed exceeding maximum building coverage and having less rear yard setback than permitted by N/s/o Prescott Pl., 269.29 ft. W/o Pine Dr., a/k/a 34 Prescott Place, Old Bethpage, NY SEC. 47 BLK. 111 LOT 18 ZONE R1-10 HEARING NO. 16 APPEAL NO. 19-143 OLD BETHPAGE JAMES RUDY: (A) Variance to construct second story addition and front portico having less average front yard setback than permitted by Ordinance; also encroachment of eaves and gutters. (B) Variance to allow existing widened driveway having less side yard setback than permitted by E/s/o Crescent Ct., S/o Crescent Dr., a/k/a 62 Crescent Court, Old Bethpage, NY SEC. 47 BLK. 29 LOT 36 ZONE R1-7 HEARING NO. 17 APPEAL NO. 19-144 PLAINVIEW YOSEF BEN-HAMO: Variance to allow existing 6 ft. high fence exceeding maximum height across side/front yard than permitted by SW/ cor. of Monette Rd. & Sylvia Ln., a/k/a 6 Monette Road, Plainview, NY SEC. 12 BLK. 404 LOT 10 ZONE R1-7
ZONING BOARD OF APPEALS MEETING OF 03/28/19 PAGE 5 HEARING NO. 18 APPEAL NO. 19-145 PLAINVIEW GREG REO: (A) Variance to allow existing basement egress window having less side yard setback than permitted by (B) Variance to allow existing driveway having less side yard setback than permitted by (C) Variance to allow existing 49 sq. ft. shed having less side yard setback and rear yard setback than permitted by S/s/o Helen Ave., 420.27 ft. W/o Bernice Pl., a/k/a 45 Helen Avenue, Plainview, NY SEC. 47 BLK. 12 LOT 30 ZONE R1-7 HEARING NO. 19 APPEAL NO. 19-146 WOODBURY KIMON PAPADOPOLOUS: (A) Variance to allow existing in-ground swimming pool with attached deck having less rear yard setback and side yard setback than permitted by (B) Variance to allow existing in-ground swimming pool equipment having less front yard setback than permitted by S/s/o 2 nd St., 100 ft. E/o Hillside Ave., a/k/a 4 2 nd Street, Woodbury, NY SEC. 14 BLK. 24 LOT 39 ZONE R1-1A HEARING NO. 20 APPEAL NO. 19-147 JERICHO SAVERIO CONSTANTINO: (A) Variance to allow existing 6 ft. high fence exceeding maximum height across front yard (Birchwood Park Crescent) than permitted by (B) Variance to allow existing pool filter having less rear yard setback than permitted by (C) Amend Specific Plan as presented for Appeal No. 71-307 and granted by Decision of the Zoning Board of Appeals, dated August 4, 1971. SE/ cor. of Birchwood Park Dr. & Birchwood Park Cres., a/k/a 230 Birchwood Park Dr., Jericho, NY SEC. 12 BLK. 551 LOT 12 ZONE R1-10 HEARING NO. 21 APPEAL NO. 19-148 SYOSSET MASOOM KHWAJA: (A) Variance to allow existing greenhouse and rear steps and landing having less rear yard setback than permitted by (B) Variance to allow existing greenhouse exceeding maximum building coverage than permitted by (C) Variance to allow existing greenhouse and front and rear steps and landings exceeding maximum gross floor area than permitted by (D) Variance to allow existing front portico and steps having less average front yard setback than permitted by S/s/o Princeton Dr., W/o Ketchams Rd., a/k/a 47 Princeton Drive, Syosset, NY SEC. 12 BLK. 631 LOT 27 ZONE R1-7 HEARING NO. 22 APPEAL NO. 19-149 SYOSSET LEWIS SYOSSET, LLC: Variance to construct new dwelling having less width of lot at front lot line, width of lot at rear yard, lot area and exceeding gross floor area than permitted by E/s/o Split Rock Rd., 283 ft. S/o Church St., a/k/a Split Rock Road, Syosset, NY SEC. 25 BLK. 9 LOT 15 ZONE R1-7
ZONING BOARD OF APPEALS MEETING OF 03/28/19 PAGE 6 HEARING NO. 23 APPEAL NO. 19-150 GLEN HEAD JAMES KILDERRY: (A) Variance to allow existing rear enclosed porch having less side yard setback and aggregate side yards than permitted by Ordinance; also encroachment of eave and gutter. (B) Variance to allow existing driveway having less side yard setback than permitted by N/s/o Greely Sq., 280 ft. W/o Radcliff Blvd., a/k/a 10 Greely Square, Glen Head, NY SEC. 20 BLK. 81 LOT 17 ZONE R1-7 HEARING NO. 24 APPEAL NO. 19-151 GLEN HEAD PETER HEILIG: Variance to allow existing deck with steps to grade having less rear yard setback than permitted by N/s/o Salem Way, 80.43 ft. W/o Plymouth Dr. S., a/k/a 36 Salem Way, Glen Head, NY SEC. 21 BLK. 221 LOT 140 ZONE R1-7 HEARING NO. 25 APPEAL NO. 19-152 GLEN HEAD LOUAY DAOUD: Variance to erect 6 ft. high fence exceeding maximum height across side/front yard (Viola Drive) than permitted by NW/ cor. of Frost Pond Rd. & Viola Dr., a/k/a 323 Frost Pond Road, Glen Head, NY SEC. 23 BLK. 36 LOT 34 ZONE R1-10 HEARING NO. 26 APPEAL NO. 19-153 LOCUST VALLEY MEGAN BOSTOCK: Variance to allow existing deck exceeding maximum building coverage and gross floor area than permitted by SW/ cor. of High St. & Riggs Pl., a/k/a 57 High Street, Locust Valley, NY SEC. 30 BLK. H LOT 290 ZONE R1-6 HEARING NO. 27 APPEAL NO. 19-154 LOCUST VALLEY GREGG FINLAY: (A) Variance to construct new dwelling having less average front yard setback, side yard setback, aggregate side yards, 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 two-car driveway having less side yard setback than permitted by S/s/o Hernan Ave., E/o Bayville Rd., a/k/a 110 Hernan Avenue, Locust Valley, NY SEC. 29 BLK. 63 LOT 429 ZONE R1-7 HEARING NO. 28 APPEAL NO. 19-155 OYSTER BAY DANIEL & CHRISTINE HUMBERT: (A) Variance to allow existing stone and concrete block wall attached to stair and platform having less side yard setback than permitted by (B) Variance to allow existing generator exceeding maximum distance into side yard than permitted by N/s/o School House Pl., 827.92 ft. E/o Highwood Rd., a/k/a 18 School House Pl., Oyster Bay, NY SEC. 27 BLK. 85 LOT 5 ZONE R1-20
ZONING BOARD OF APPEALS MEETING OF 03/28/19 PAGE 7 HEARING NO. HO 1 APPEAL NO. 18-124 SYOSSET YAN MIN LIN: (A) Variance to allow existing rear deck having less rear yard setback than permitted by (B) Variance to allow existing shed having less side yard setback and rear yard setback than permitted by S/s/o Coventry Rd., 268.69 ft. E/o Westminster Rd., a/k/a 9 Coventry Road, Syosset, NY SEC. 12 BLK. 429 LOT 28 ZONE R1-7 HEARING NO. HO 2 APPEAL NO. 19-58 IBRAHIM MASHRIQI: (A) Variance to construct new dwelling 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 construct basement egress window well having less side yard setback and exceeding maximum encroachment into side yard than permitted by (C) Variance to install gas generator having less side yard setback than permitted by N/s/o 5 th St., 200 ft. E/o 5 th Ave., a/k/a 76 5 th Street, Hickville, NY SEC. 46 BLK. 171 LOT 177 ZONE R1-7 HEARING NO. HO 3 APPEAL NO. 19-29 REGINA BLASI: Variance to allow existing deck having less rear yard setback, side yard setback and exceeding maximum building coverage than permitted by S/s/o Jackson Pl., 113.46 ft. E/o Forest Ave., a/k/a 64 Jackson Place, Massapequa, NY SEC. 65 BLK. 136 LOT 72 ZONE R1-7 MARCH 18, 2019 BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF OYSTER BAY, OYSTER BAY, NEW YORK