Zoning Board of Appeals

NOTICE OF MEETING OF THE ZONING BOARD OF APPEALS INCORPORATED VILLAGE OF GARDEN CITY VILLAGE HALL 351 STEWART AVENUE GARDEN CITY, NY 11530 MEETING AGENDA TUESDAY, JANUARY 17, 2023 NOTICE OF PUBLIC MEETING BY THE ZONING BOARD OF APPEALS Pursuant to the provisions of the General Municipal Law and Chapter 200 of the Code of the Incorporated Village of Garden City, New York notice is hereby given that the Board of Appeals of said Village will meet in the Village Hall at 351 Stewart Avenue, Garden City, New York on Tuesday, January 17, 2023 at 6:30 p.m., to take action on the following matters: 1. APPEAL OF TFW GARDEN CITY, LLC. for a variance of the provisions of Sections 200-46 and 200-52, of the Village Code, so as to permit the maintenance of twenty (20)- 2.0’ x 4.0’ and two (2)- 1.0’ x 4.0’, or 82.0’ lineal feet of planter box structures, at the existing building known as 191 SEVENTH STREET (Map of Garden City Central, Block 7, Lot E10, C-2 District) the placement of which has – A. reduced the required front setback for accessory structures, at both the Franklin Avenue and Seventh Street plot lines, to no less than 0.0’, where 76.75’ and 100.00’ respectively, are required. Building Department Application ZBA-000024-2022. Note* (Variance previously granted for parking and use, at the May 5, 2017, ZBA meeting. Final site plan approval, granted at the August 13, 2009, Board of Trustees meeting Reserved Decision- November 15, 2022 2. APPEAL OF MR. & MRS. AGOSTINO GEMMITI, for a variance of provisions contained in sections 200-15, 200-31 and 200-46 of the Village Code, allowing the issue of a building permits to erect; a 747 sq. ft. one story side addition with 95 sq. ft. raised terrace and 61 sq. ft. cellar entrance at the rear of the dwelling known as 79 LINCOLN STREET (Map of Shaw Gardens, Block J, Lots 19, R-8 district), the granting of which would: A. exceed the allowable building area of 2,500 sq. ft. or 25.0%, by 414 sq. ft. (2,914 sq. ft. or 29.14%) ~ B. reduce the required 25.0’ front yard setback, to no less than 24.54’ ~ C. reduce the aggregate side yard of 35.0’, to no less than 20.8’. Building Department # ZBA-000119-2022, Jared Mandell, R.A. Adjourned at the November 15, 2022, meeting Page 1  NOTICE OF MEETING OF THE ZONING BOARD OF APPEALS INCORPORATED VILLAGE OF GARDEN CITY VILLAGE HALL 351 STEWART AVENUE GARDEN CITY, NY 11530 MEETING AGENDA TUESDAY, JANUARY 17, 2023 3. APPLICATION & APPEAL OF Mr. BANKE TUNG & JESSICA CHENG, as per the provisions of Sections 200-45 and 200-70, and a variance of provisions contained in section 200-52 of the Village Code; granting authorization for issuance of permits, to construct and maintain a 16’ x 36’ in-ground swimming pool, enclosed by a 6' high wood fence and gates, with perimeter chain link fence, and 363 sq. ft. pergola with operable roof, in the rear yard; and the maintenance of (7) seven split system heat pumps, in the side and two front yards, of the premises known as 140 ARTHUR STREET (Map of Garden City East, Block 143, Lot 19, R-8 district), the granting of which would; A. reduce the (37.5’) accessory setback from Eleventh Street, to no less than (28.25’), for (3) of the existing heat pumps ~ B. reduce the (50.0’) accessory setback from Arthur Street, to no less than (26.8’), (29.25’) and (33.83’) respectively, for (3) of the existing heat pumps ~ C. reduce the (10.0’) accessory setback from adjoining plot lines, to no less than (3.25’), for the (2) southerly units. Adjourned at the November 15, 2022, meeting. 4. APPEAL OF JOHN ANTHONY GRUSKA, for a variance of the provisions of 200-52 of the Village Code, to allow for the maintenance of three A/C compressors installed with permit, in the side yard of the dwelling, to be obscured by shrubbery; at the corner dwelling known as 216 STEWART AVENUE (Map of Garden City Estates, Block 50, Lot 6, R-12 district) the granting of which would: A. reduce the 10.0’ required setback for freestanding A/C compressors, to no less than 6.0’ from the side property line. Building Department application # ZBA-000050-2022. 5. APPLICATION and APPEAL of Mr. & Mrs. TIMOTHY & LAUREN DWYER, in accordance with the provisions in Sections 200-45 and 200-70, and a variance of the provisions contained in sections 200-15 and 99-2 of the Village Code, to allow issuance of building permits for installation of, a 6' x 6' portable hot tub, with locking cover, and the maintenance of a 144 sq. ft. deck and 65’ of 6.0’ high fencing in the rear yard, at the premises known as 47 PELL TERRACE (Map of Pell Terrace, Block 532, Lot 19, R-6 district), the granting of which would: A. reduce the required rear yard setback of 25.0’, to no less than 21.55’ ~ B. allow a fence to exceed 6.0’ in height, where 4.0’ is permitted. Building Department Application # ZBA-000051-2022. Page 2  NOTICE OF MEETING OF THE ZONING BOARD OF APPEALS INCORPORATED VILLAGE OF GARDEN CITY VILLAGE HALL 351 STEWART AVENUE GARDEN CITY, NY 11530 MEETING AGENDA TUESDAY, JANUARY 17, 2023 6. APPEAL OF DAVID MANNO & BELLA KANG for a variance of the provisions in section 200-52 of the Village Code, to allow for the maintenance of two previously installed PVC gates and fence, in the front yards of the corner premises known as 190 WICKHAM ROAD (Map of Garden City Gables, Block 1, Lot 9, R-6 District), the granting of which would allow: A. a 4.0’ gate as close as 27.0’ from Main Avenue, where 30.0’ is required ~ B. two gates and fence to be as close as 31.9’ and 28.7’ from Wickham Road, where 50.0’ is required. Building Department application # ZBA-000052-2022. 7. APPEAL OF KEVIN GALLOGLY & KIERAN DWYER, for a variance of the provisions of 200-52 of the Village Code, to allow for the issue of a mechanical permit, for the installation of one A/C compressor, obscured by shrubbery, in the side yard of the dwelling, known as 12 EAST DRIVE (Map of Pell Terrace, Block 533, Lot 9, R-6 district) the granting of which would: A. reduce the 10.0’ required setback for a freestanding A/C compressor, to no less than 7.0’ from the side property line. Building Department application # ZBA-000054-2022. 8. APPEAL OF GREGORY & KRISTEN DOYLE, for a variance of the provisions of Section 200-15 of the Village Code, to allow the issue of permits, to erect a 276 sq. ft. one story rear addition, with a 52.0 sq. ft. portico portion, at the existing dwelling known as 28 KENSINGTON ROAD (Map of Garden City Estates, Block 75, Lot 73, R-12 district), the granting of which would: A. exceed the allowable plot cover of (1,500) sq. ft. or 25.0 %, by (285) sq. ft. (1,785 sq. ft. or 29.75 %). Note* A/C condenser locations granted at the April 17, 2018, meeting. Building Department application # 2022-12000, Daniel Fabrizi, R.A. 9. APPEAL OF JAMES & JEAN VINOGRAND for a variance of the provisions of Section 200- 31 of the Village Code, so as to modify an existing permit for the reconstruction and expansion of a 1,161 sq. ft. patio, with a 52.5 sq. ft. staircase at the front, and a 24” Westerly extension of a trellis; at the existing corner dwelling known as; 396 STEWART AVENUE (Map Garden City East, Block 133, Lot N6, R-20 District) the construction of which would: Page 3  NOTICE OF MEETING OF THE ZONING BOARD OF APPEALS INCORPORATED VILLAGE OF GARDEN CITY VILLAGE HALL 351 STEWART AVENUE GARDEN CITY, NY 11530 MEETING AGENDA TUESDAY, JANUARY 17, 2023 A. with respect to the staircase; reduce the previously granted (May 17, 2022) 71.0’ front yard setback along Stewart Avenue, to no less than 67.5’, where 75.0’ is required. Building Department application # ZBA-000062-2022, Vision Landscape. 10. APPEAL OF BRIAN & MEHGHAN CIULLO, for a variance of the provisions of 200-52 of the Village Code, to allow for the issue of a mechanical permit, for the installation of one A/C compressor, obscured by shrubbery, in the side yard of the dwelling, known as 33 HUNTINGTON ROAD (Map of Country Life Development, Block D, Lot 36, R-6 district) the granting of which would: A. reduce the 10.0’ required setback for a freestanding A/C compressor, to no less than 7.16’ from the side property line. Building Department application # ZBA-000063-2022. 11. APPEAL OF MR. BRETT SAVIO, for a variance of provisions, contained in sections 200-46 of the Village Code, to allow the issue of building permits for the construction of an 11 sq. ft. first floor addition and enclose an existing 88 sq. ft. porch in the front, with a 2,185 sq. ft. second floor above (demolish 88 sq. ft. rear one story portion); at the dwelling known as 50 FAIRMOUNT BOULEVARD (Map of Richlands, Block 7, Lots 7, R-8 district), the granting of which would: A. Cause a horizontal and vertical extension of the existing 12.5' side yard, maintaining the existing aggregate side yards of 21.7' where 25.0' is required Building Department application # ZBA-000068-2022, John J. Viscardi, R.A. *Note, approvals received at the August 23, 2022, ADRB meeting. 12. APPEAL OF CALOGERO’S for a variance of the provisions of Section 200-52 of the Village Code, so as to permit the erection of a 1,102 sq. ft. glass enclosed dining structure with operable roof, in the rear of the existing business premises known as 919 FRANKLIN AVENUE (Map of Garden City East, Block 153, Lot 5, C-4 District), the granting of which would: A. reduce the required (15.0’) rear setback, to no less than (5.33’) ~ Building Department application # ZBA-000065-2022, Daniel Fabrizi, R.A. 13. APPLICATION & APPEAL OF DANIEL COSTA, as per the provisions of Sections 200-45 and 200-70, and a variance from section 200-52 of the Village Code, to allow for the issue of a building permit, to construct and maintain an 18’ x 36’ in-ground swimming pool with a 6’ fence, in the rear yard of the premises known as 20 WESTBURY ROAD (Map of Garden City East, Block 139, Lot 9, R-20 district), the granting of which would; Page 4  NOTICE OF MEETING OF THE ZONING BOARD OF APPEALS INCORPORATED VILLAGE OF GARDEN CITY VILLAGE HALL 351 STEWART AVENUE GARDEN CITY, NY 11530 MEETING AGENDA TUESDAY, JANUARY 17, 2023 A. allow 51.0’ of an accessory structure (fence), to be as close as 60.08’ from the front plot line, where 80.0’ is required. Building Department application # ZBA-000066-2022, Vision Contracting Inc. END OF CASES The Board may transact any other business that may properly come before the meeting. DATED: December 20, 2022 Karen Altman Garden City, New York 11530 Village Clerk The Incorporated Village of Garden City does not discriminate on the basis of disability for admission to, access to, or participation in its programs, activities or public meetings, and has designated Karen M. Altman, Village Clerk, as Disability Compliance Coordinator. Persons with a disability who wish to attend a meeting should contact Karen M. Altman at least 24 hours in advance of meeting at: 351 Stewart Avenue Garden City, New York 11530 (516) 465-4051 8:30 a.m. to 4:30 p.m. NEXT MEETING: FEBRUARY 22, 2023 Page 5