Zoning Board of Appeals

1 2 INCORPORATED VILLAGE OF GARDEN CITY 3 BOARD OF ZONING APPEALS 4 PUBLIC HEARING 5 6 Village Hall 351 Stewart Avenue 7 Garden City, New York 8 February 22, 2023 6:30 p.m. 9 10 P R E S E N T: 11 JOHN G. VILLANELLA CHAIRMAN 12 A L S O P R E S E N T: 13 MICHAEL T. SCHRODER BOARD MEMBER 14 BRIAN PARADINE BOARD MEMBER 15 CHRISTINE RIO BOARD MEMBER 16 ALEX BARCHOWSKI BOARD MEMBER 17 18 KULLEN & DYKMAN, LLP BOARD ATTORNEY 19 BY: GERARD FISHBERG, ESQ. 20 GIUSEPPE GIOVANNIELLO SUPT. BUILDINGS 21 22 THOMAS DALY BUILDING INSPECTOR 23 24 BARBARA DANIELS COURT REPORTER 25 TOP KEY COURT REPORTING, INC. (516) 414-3516 1  1 2 I N D E X 3 APPLICATION PAGE 4 5 1. Application & Appeal of 3-5 Mr. & Mrs. Joseph Erigo 6 87 Brook Street 7 2. Application & Appeal of 6-9 Banke Tung & Jessica Cheng 8 140 Arthur Street 9 3. Appeal of Kurt & Kristina Ehrig 10-13 80 Westminster Road 10 4. Appeal of Christopher Vitale 14-16 11 120 Garden Street 12 5. Appeal of Shawn Stanford 17-20 205 Sackville road 13 6. Appeal of Gerard Diaz 21-24 14 1 Devereux Place 15 7. Appeal of Mr. & Mrs. Paul 25-27 Quatro 16 209 Sackville Road 17 8. Application & Appeal of 28-29 Doug & Kristy Bernstein 18 121 Whitehall Boulevard 19 9. Appeal of Corinne & Steven Cole 30-33 35 Avalon Road 20 10. Appeal of Pallavi Srivastava 34-37 21 378 Stewart Avenue 22 23 24 25 TOP KEY COURT REPORTING, INC. (516) 414-3516 2  1 2 CHAIRMAN VILLANELLA: This meeting 3 of the Board of Appeals, the Zoning Board 4 of Appeals, for the Village of Garden 5 City is resumed with the following 6 decisions available this evening. 7 1. APPLICATION & APPEAL OF MR. & 8 MRS. JOSEPH ERIGO as per the provisions 9 of Sections 200-45 and 200-70, and a 10 variance from section 200-15 of the 11 Village Code, to allow the issue of a 12 building permit for the construction of a 13 14' x 28' in-ground swimming pool with 6' 14 fence, located in the rear yard of the 15 premises known as 87 BROOK STREET (Map of 16 Garden City East, Block 112, Lot 13, R-12 17 district), the granting of which will: 18 A. Exceed the allowable building 19 area of (3,000 sq. Ft. Or 20%), to by 20 (431) sq. Ft. (2,431 sq. Ft. Or 22.87%), 21 on a 15,000 sq. Ft. Lot. 22 B. Cause accessory structures 23 (fence and gate) to be as close as 24 (52.4') where (60.0') is required. 25 Building Department application # TOP KEY COURT REPORTING, INC. (516) 414-3516 3  1 2 2022-11902, Elizabeth Bibla, L.A. 3 CHAIRMAN VILLANELLA: Number 1 is 4 the Application and Appeal of Mr. And 5 Mrs. Joseph Erigo for the property 6 87 Brook Street. 7 I move to grant the application and 8 appeal. The Erigos have requested 9 permission to construct a 14-by-28 10 in-ground swimming pool with a 6 foot 11 fence located in their rear yard. 12 They're going to increase the 13 coverage of their property from 14 20 percent, 3,000 square feet by 431 15 square feet to 22.87 percent. Now 16 they've asked to place a fence as close 17 as 52.40 feet where 60 is required; 18 however, because of the design of their 19 rear property and for protective purposes 20 in compliance with New York State Law, I 21 believe that the fence is properly placed 22 and that we ought to allow this 23 encroachment into the variance. 24 The pool is well designed. The 25 property is well screened. I think it TOP KEY COURT REPORTING, INC. (516) 414-3516 4  1 2 will be a positive addition to its 3 neighbors. I hope you'll join me in 4 granting this application and appeal. 5 Is there a second? 6 MEMBER RIO: Mr. Chairman, I second 7 the motion. 8 CHAIRMAN VILLANELLA: Thank you, 9 Ms. Rio. 10 I call the question on the motion as 11 stated. All those in favor, signify by 12 saying "aye." 13 (Whereupon, all Board 14 members joined the motion by 15 saying, "aye.") 16 CHAIRMAN VILLANELLA: Any opposed? 17 (Whereupon, there was no 18 verbal response from the 19 Board.) 20 CHAIRMAN VILLANELLA: Hearing none, 21 the motion is carried unanimously. 22 23 ******** 24 25 TOP KEY COURT REPORTING, INC. (516) 414-3516 5  1 2 2. APPLICATION & APPEAL OF BANKE 3 TUNG & JESSICA CHENG, as per the 4 provisions of Sections 200-45 and 200-70, 5 and a variance of provisions contained in 6 section 200-52 of the Village Code; 7 granting authorization for issuance of 8 permits, to construct and maintain a 16' 9 x 36' in-ground swimming pool, enclosed 10 by a 6' high wood and Estate fence 11 portions, and 363 sq. Ft. Pergola with 12 operable roof, in the rear yard; and the 13 maintenance of (2) split system heat 14 pumps, in the Eleventh Street front yard, 15 at the corner premises known as 140 16 ARTHUR STREET (Map of Garden City East, 17 Block 143, Lot 19, R-8 district), the 18 granting of which would: 19 A. Reduce the (37.5') accessory 20 setback from Eleventh Street, to no less 21 than: 22 1. (28.25') for (2) of the existing 23 heat pumps ~ 24 B. Cause (102.7') of said (6.0') 25 high fencing to be as close as (0.0') to TOP KEY COURT REPORTING, INC. (516) 414-3516 6  1 2 the Eleventh Street plot line where 3 (37.5') is required. 4 Building Department # 5 ZBA-000036-2022, The Platinum Group. 6 *Adjourned at the January 17, 2023, 7 meeting. 8 CHAIRMAN VILLANELLA: Number 2 is 9 the Application & Appeal of Banke Tung 10 and Jessica Cheng for their property 11 140 Arthur Street. 12 Did he we have a motion for this 13 application and appeal? 14 MEMBER PARADINE: You do, 15 Mr. Chairman. First of all, I move to 16 grant the application for the pool and, 17 secondly, I would like to grant the 18 appeal because I believe the Applicant 19 has satisfied the burden for area 20 variance. 21 Mr. Tung and Ms. Cheng have come 22 back to the Board three times. This is 23 the third month, seeking changes and they 24 finally, I think, got it right. They've 25 asked to move the air conditioning units TOP KEY COURT REPORTING, INC. (516) 414-3516 7  1 2 away from the 11th Street side into the 3 zone in the backyard which doesn't 4 require a variance. 5 They're also seeking a, as far as a 6 variance goes, a 6 foot fence to surround 7 the property to surround the pool. On 8 the north side is going to be a 6 foot 9 wooden fence surrounded -- completely 10 enshrouded by shrubbery on the north side 11 so this fence is not visible. 12 The back of this yard is the rail 13 road right-of-way, so there's a lot of 14 privacy and the pool they agree to every 15 aspect which Garden City asks about the 16 pool. 17 So with that I would like to see us 18 grant Mr. Tung and Ms. Cheng their 19 application and appeal. 20 CHAIRMAN VILLANELLA: Thank you, 21 Mr. Paradine. 22 CHAIRMAN VILLANELLA: Is there a 23 second for Mr. Paradine's motion? 24 MEMBER BARCHOWSKI: Mr. Chairman, I 25 second the motion. TOP KEY COURT REPORTING, INC. (516) 414-3516 8  1 2 CHAIRMAN VILLANELLA: Thank you, 3 Mr. Barchowski. 4 I call the question on the motion as 5 stated. All those in favor, signify by 6 saying "aye." 7 (Whereupon, all Board 8 members joined the motion by 9 saying, "aye.") 10 CHAIRMAN VILLANELLA: Any opposed? 11 (Whereupon, there was no 12 verbal response from the 13 Board.) 14 CHAIRMAN VILLANELLA: Hearing none, 15 the appeal is carried unanimously. 16 17 ******** 18 19 20 21 22 23 24 25 TOP KEY COURT REPORTING, INC. (516) 414-3516 9  1 2 3. APPEAL OF KURT & KRISTINA 3 EHRIG, for a variance of the provisions 4 of Section 200-15 & 200-46 of the Village 5 Code, so as to permit the erection of 26 6 sq. Ft. First floor rear and 584 sq. Ft. 7 One story side and rear additions, with a 8 160 sq. Ft. Front open porch 9 (demolish 24 sq. Ft. One story rear 10 vestibule), at the dwelling known as 80 11 WESTMINSTER ROAD (Map of Garden City 12 Estates, Block 97, Lot 6, R-12 district) 13 the granting of which would: 14 A. Reduce the required minimum 15 (15.0') side yard setback to no less than 16 (14.58') ~ 17 B. Exceed the allowable building 18 area of (3,000 sq. Ft. Or 20.0%), to by 19 (962) sq. Ft. (3,962 sq. Ft. Or 26.41%). 20 Building Department # 21 ZBA-000074-2023, John J. Viscardi, RA. 22 CHAIRMAN VILLANELLA: Number 3 is 23 the Appeal of Kurt and Kristina Ehrig for 24 their property 80 Westminster Road. 25 Is there a motion for this appeal? TOP KEY COURT REPORTING, INC. (516) 414-3516 10  1 2 MEMBER SCHRODER: Mr. Chairman, I 3 move that the appeal be granted because I 4 believe the benefit sought by the 5 Applicant is greater than the potential 6 detriment to the neighborhood. 7 This is an appeal to add a rear and 8 a side addition to create a front porch, 9 and in doing so, they're going to be 10 demolishing a small 24 foot vestibule. 11 The plan as presented creates a more 12 livable kitchen and a family room as well 13 as some other small rooms needed on the 14 first floor. The owners noted that the 15 second floor is quite small. 16 There's a pool on this property 17 which skews the amount of enclosed space 18 and the allowable building area. So 19 first I'll note that the side yard 20 variance is de minimis. It's going from 21 15 feet to 14.58 and that's due to a 22 fireplace that is on one side of the 23 house. That's the setback issue. 24 With respect to the allowable 25 building area, the calculation without TOP KEY COURT REPORTING, INC. (516) 414-3516 11  1 2 the pool as part of the footprint would 3 bring the allowable building area 4 variance down to something below 22 5 percent. Certainly appreciating that the 6 pool does contribute to the footprint of 7 the home, but once that's considered and 8 taken out of the equation for enclosed 9 space, I don't think this variance is 10 excessive in any way. 11 Modernizing the home is important, 12 and I would ask the Board join me in 13 approving this appeal. 14 CHAIRMAN VILLANELLA: Thank you, 15 Mr. Schroder. 16 Is there a second for 17 Mr. Schroder's, motion? 18 MEMBER PARADINE: I second the 19 motion. 20 CHAIRMAN VILLANELLA: Thank you, 21 Mr. Paradine. 22 I call the question on the motion as 23 stated. All those in favor, signify by 24 saying "aye." 25 (Whereupon, all Board TOP KEY COURT REPORTING, INC. (516) 414-3516 12  1 2 members joined the motion by 3 saying, "aye.") 4 CHAIRMAN VILLANELLA: Any opposed? 5 (Whereupon, there was no 6 verbal response from the 7 Board.) 8 CHAIRMAN VILLANELLA: Hearing none, 9 the appeal is carried unanimously. 10 11 ******** 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TOP KEY COURT REPORTING, INC. (516) 414-3516 13  1 2 4. APPEAL OF MR. CHRISTOPHER 3 VITALE, for a variance of the provisions 4 of Section 200-31 of the Village Code, to 5 permit the erection of a 151 sq. Ft. 6 Porch and 7 sq. Ft. Bay window in the 7 Tremont Street front, at the corner 8 dwelling known as 120 GARDEN STREET (Map 9 of Garden City Lawns, Block 33, Lots 1 10 R-6 district) the granting of which 11 would: 12 A. Reduce the (25.0') front yard 13 setback to no less than (18.0') to the 14 porch roof and (23.4') to the bay window. 15 Building Department # 16 ZBA-000056-2022, John J. Viscardi, R.A. 17 CHAIRMAN VILLANELLA: Number 4 is 18 the Appeal of Mr. Christopher Vitale for 19 his property 120 Garden Street. 20 Do we have a motion for his appeal? 21 MEMBER RIO: Yes, we do, 22 Mr. Chairman. I move that the appeal be 23 granted because I believe the benefit 24 sought by the Applicant is greater than 25 the potential detriment to the TOP KEY COURT REPORTING, INC. (516) 414-3516 14  1 2 neighborhood. 3 Mr. Vitale has an appeal for a front 4 yard setback variance to construct a bay 5 window and porch with a gable overhang 6 which will reduce the front setback to 7 18.0 and 23.4, where 25 is required. 8 This is a corner property, 9 65-by-130. This is a lovely 10 modernization of this house. The owner 11 believes that the appearance and use of 12 the house will be improved, and the 13 variance is not large. 14 I urge the committee to join me and 15 approve. 16 CHAIRMAN VILLANELLA: Thank you, 17 Ms. Rio. 18 Is there a second for Ms. Rio's 19 motion? 20 MEMBER BARCHOWSKI: Mr. Chairman, I 21 second the motion. 22 CHAIRMAN VILLANELLA: Thank you, 23 Mr. Barchowski. 24 I call the question on the motion as 25 stated. All those in favor, signify by TOP KEY COURT REPORTING, INC. (516) 414-3516 15  1 2 saying "aye." 3 (Whereupon, all Board 4 members joined the motion by 5 saying, "aye.") 6 CHAIRMAN VILLANELLA: Any opposed? 7 (Whereupon, there was no 8 verbal response from the 9 Board.) 10 CHAIRMAN VILLANELLA: Hearing none, 11 the motion is carried unanimously. 12 13 ******** 14 15 16 17 18 19 20 21 22 23 24 25 TOP KEY COURT REPORTING, INC. (516) 414-3516 16  1 2 5. APPEAL OF MR. SHAWN STANFORD, 3 for a variance of the provisions of 4 Section 200-15 & 200-46 of the Village 5 Code, so as to permit the erection of; 70 6 sq. Ft. First floor front garage and 7 1,690 sq. Ft. Second floor addition, with 8 a 88 sq. Ft. Front and 172 sq. Ft. Rear 9 porches, while converting an 87 sq. Ft. 10 Portion of attached garage to habitable 11 space (demolish 229 sq. Ft. One story 12 rear addition & chimney and 658 sq. Ft. ½ 13 story), at the dwelling known as 205 14 SACKVILLE ROAD (Map of Garden City 15 Gables, Block 11, Lot 69, R-6 district) 16 the granting of which would: 17 A. Cause a horizontal extension of 18 the existing (7.06') minimum and (15.06') 19 aggregate side yards, where (8.0') and 20 (18.0') respectively, is required ~ 21 B. Exceed the allowable building 22 area of (1,650 sq. Ft. Or 25.0%), to by 23 (184) sq. Ft. (1,834 sq. Ft. Or 27.79%). 24 Building Department #ABA - 25 000080-2023. John J. Viscardi, R.A. TOP KEY COURT REPORTING, INC. (516) 414-3516 17  1 2 CHAIRMAN VILLANELLA: Number 5 is 3 the Appeal of Mr. Shawn Stanford for his 4 property 205 Sackville Road. 5 Is there a motion for this appeal? 6 MEMBER SCHRODER: Mr. Chairman, I 7 move that the appeal be granted because I 8 believe the benefit sought by the 9 Applicant is greater than the potential 10 detriment to the neighborhood. 11 So this is a plan to take a -- It's 12 a one-and-a-half story cape, I believe, 13 and build a two-story home, basically, 14 within the existing footprint. 15 The two variances sought have to do 16 with side yard -- I'm sorry -- Yes. The 17 variances sought have to do with a 18 vertical extension of existing side yard 19 aggregate and an existing side yard. So 20 that's the existing footprint of the 21 home. 22 The allowable building area where 25 23 is required is going to be increased to 24 27.79, but Mr. Viscardi, the architect, 25 duly points out that the existing TOP KEY COURT REPORTING, INC. (516) 414-3516 18  1 2 footprint of the home is 27.59. So the 3 increase in the allowable building area 4 is actually de minimis from what is 5 already there. He also points out to us 6 that if the terrace and the open porch on 7 any structures -- on open structures, 8 were taken out of the equation of the 9 allowable building area, that percentage 10 would be 26.48. 11 Although a large and substantial 12 renovation of the home, the setbacks and 13 the allowable building area changes are 14 de minimis, and I would ask the Board to 15 join me in approving this appeal. 16 CHAIRMAN VILLANELLA: Thank you, 17 Mr. Schroder. 18 Is there a second for Mr. Schroder's 19 motion? 20 MEMBER PARADINE: I second 21 Mr. Schroder's motion. 22 CHAIRMAN VILLANELLA: Thank you, 23 Mr. Paradine. 24 I call the question on the motion as 25 stated. All those in favor, signify by TOP KEY COURT REPORTING, INC. (516) 414-3516 19  1 2 saying "aye." 3 (Whereupon, all Board 4 members joined the motion by 5 saying, "aye.") 6 CHAIRMAN VILLANELLA: Any opposed? 7 (Whereupon, there was no 8 verbal response from the 9 Board.) 10 CHAIRMAN VILLANELLA: Hearing none, 11 the motion is carried unanimously. 12 13 ******** 14 15 16 17 18 19 20 21 22 23 24 25 TOP KEY COURT REPORTING, INC. (516) 414-3516 20  1 2 6. APPEAL OF GERARD DIAZ, for a 3 variance of provisions in sections 200-15 4 and 200-52 of the Village Code, to allow 5 for a 540 sq. Ft. Cabana addition, and 6 the maintenance of a 160 sq. Ft. Shed, in 7 rear of the corner dwelling known as 1 8 DEVEREUX PLACE (Block 136, Lot 1, Map of 9 Garden City East, Zone R20), the granting 10 of which would: 11 A. Cause the allowable building 12 area of (4,872 sq. Ft. Or 20.0%) to 13 increase by (545) sq. Ft. (5,417 sq. Ft. 14 Or 22.23%). 15 B. Reduced the required (60.0') 16 minimum setback from St. James Street to 17 no less than: (50.9') for the proposed 18 Cabana addition, and (10.4') for the 19 shed. 20 Building Department # 21 ZBA-000072-2023, John J. Viscardi, R.A. 22 CHAIRMAN VILLANELLA: Number 6 is 23 Appeal of Gerard Diaz for his property at 24 1 Devereux Place. 25 Is there a motion for this appeal? TOP KEY COURT REPORTING, INC. (516) 414-3516 21  1 2 MEMBER BARCHOWSKI: Mr. Chairman, I 3 move that the appeal be granted because I 4 believe the benefit sought by the 5 Applicant is greater than the potential 6 detriment to the neighborhood. 7 This residence at 1 Devereux Place, 8 there was a major renovation in 2015. A 9 variance was obtained for the fence on 10 St. James as it currently exists. 11 The shed was "built in the wrong 12 place," as stated by the architect, 13 Mr. Viscardi. The shed is 106 square 14 feet, which is greater than 80 square 15 feet which is allowed, and the Applicant 16 has agreed to amend their appeal to 17 remove the shed which now decreases the 18 allowable building area to 5,311 square 19 feet. 20 VILLAGE ATTORNEY: Not allowable. 21 Requested proposal. 22 MEMBER BARCHOWSKI: Thank you -- 23 5,311 square feet which is 21.8 percent 24 and we have no issue with that. We 25 appreciate that which makes this appeal TOP KEY COURT REPORTING, INC. (516) 414-3516 22  1 2 much easier to grant because now we're 3 just going to consider the cabana which 4 is 540 square feet and it is within the 5 60 foot minimum setback from St. James 6 Street. It is 50.9 feet from St. James 7 Street. 8 The cabana is a very tasteful 9 addition to the backyard. The chimney 10 that is shown in the rendering is purely 11 for aesthetics. It is not functional. 12 We feel like the cabana is a good 13 addition, and I urge the Board to join me 14 in granting the appeal. 15 CHAIRMAN VILLANELLA: Thank you, 16 Mr. Barchowski. I second 17 Mr. Barchowski's motion and I call the 18 question on the motion as stated. 19 All those in favor, signify by 20 saying "aye." 21 (Whereupon, all Board 22 members joined the motion by 23 saying, "aye.") 24 CHAIRMAN VILLANELLA: Any opposed? 25 (Whereupon, there was no TOP KEY COURT REPORTING, INC. (516) 414-3516 23  1 2 verbal response from the 3 Board.) 4 CHAIRMAN VILLANELLA: Hearing none, 5 the motion is carried unanimously. 6 7 ******** 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TOP KEY COURT REPORTING, INC. (516) 414-3516 24  1 2 7. APPEAL OF MR. & MRS. PAUL 3 QUATRO, for a variance of the provisions 4 in Section 200-46 of the Village Code, 5 allowing issue of a building permit to 6 erect a; 1,383 sq. Ft. Second floor 7 addition and 59 sq. Ft. Front porch 8 (demolish existing 495 sq. Ft. 1/2 9 story), at the dwelling known as 209 10 SACKVILLE ROAD (Map of Garden City 11 Gables, Block 11, Lots 75, R-6 district), 12 the granting of which would: 13 A. Extend vertically the existing 14 (7.0') side yard, where (8.0') is now 15 required ~ 16 B. Extend vertically the existing 17 (15.5') aggregate side yards, where 18 (18.0') is now required ~ 19 Building Department # 20 ZBA-000071-2023, Kenneth C. Long, R.A. 21 CHAIRMAN VILLANELLA: Number 7 is 22 the Appeal of Mr. And Mrs. Paul Quatro 23 for their property 209 Sackville Road. 24 Is there a motion for this appeal? 25 MEMBER RIO: Mr. Chairman, I move TOP KEY COURT REPORTING, INC. (516) 414-3516 25  1 2 that the appeal be granted because I 3 believe the benefit sought by the 4 Applicant is greater than the potential 5 detriment to the neighborhood. 6 The Quatros are renovating, 7 completely renovating their property. 8 They were seeking a side yard setback 9 variance to construct a front porch and 10 second floor addition to extend 11 vertically the existing 7.0 side yard 12 setback where 8 feet is required, and to 13 extend vertically the aggregate side 14 yards of 15.5 feet where 18 is required. 15 The existing setbacks are currently 16 non-compliant on the 60-by-110 property. 17 The homeowners feel that the 18 proposed alteration would greatly improve 19 and modernize the property and will blend 20 in nicely with the other properties on 21 the block which are being enlarged and 22 modernized, and I urge the committee to 23 join me in approving. 24 CHAIRMAN VILLANELLA: Thank you, 25 Ms. Rio. TOP KEY COURT REPORTING, INC. (516) 414-3516 26  1 2 Is there a second for Ms. Rio's 3 motion? 4 MEMBER PARADINE: I second the 5 motion. 6 CHAIRMAN VILLANELLA: Thank you, 7 Mr. Paradine. 8 I call the question on the motion as 9 stated. All those in favor, signify by 10 saying "aye." 11 (Whereupon, all Board 12 members joined the motion by 13 saying, "aye.") 14 CHAIRMAN VILLANELLA: Any opposed? 15 (Whereupon, there was no 16 verbal response from the 17 Board.) 18 CHAIRMAN VILLANELLA: Hearing none, 19 the motion is carried unanimously. 20 21 ******** 22 23 24 25 TOP KEY COURT REPORTING, INC. (516) 414-3516 27  1 2 8. APPLICATION & APPEAL OF DOUG & 3 KRISTY BERNSTEIN, as per the provisions 4 of Sections 200-45 and 200-70, and a 5 variance of provisions contained in 6 section 200-52 of the Village Code; 7 granting authorization for issuance of 8 permits, to construct and maintain a 16' 9 x 36' in-ground swimming pool with 10 automatic cover and a 6.0' x 8.0' raised 11 spa, enclosed by a 6' high Estate fence, 12 at the side of the corner premises 13 known as 121 WHITEHALL BOULEVARD (Map of 14 Garden City Estates, Block 47, 15 Lot 1, R-12 district), the granting of 16 which would: 17 A. Cause (68.5') of said (6.0') 18 high fencing to be as close as (37.5') to 19 the Whitehall Boulevard plot line, where 20 (50.0') is required. 21 Building Department # 22 ZBA-000081-2022, The Platinum Group. 23 CHAIRMAN VILLANELLA: Number 8 is 24 the Application and Appeal of Doug and 25 Kristy Bernstein for their property TOP KEY COURT REPORTING, INC. (516) 414-3516 28  1 2 121 Whitehall Boulevard. 3 Is there a motion for this 4 application and appeal. 5 MEMBER PARADINE: Yes, there is 6 Mr. Chairman. I move that the 7 Bernstein's application be granted. 8 They originally came to us with an 9 appeal for a variance for fencing along 10 the Whitehall and Stratford. They 11 amended it. So now they're it has 12 become a simple application for a pool. 13 It's a beautiful piece of property. 14 It's 220-by-132. There is plenty of room 15 for this 16-by-36 foot pool in the rear 16 yard. They have -- The Bernstein's have 17 said -- and the landscape architect will 18 totally landscape it so as you drive up 19 Whitehall Boulevard you will not see 20 this, the pool, from Whitehall. 21 So I think the property is fine for 22 a pool, and I think we should grant them 23 their application. 24 CHAIRMAN VILLANELLA: Thank you, 25 Mr. Paradine. TOP KEY COURT REPORTING, INC. (516) 414-3516 29  1 2 Is there a second for Mr. Paradine's 3 motion? 4 MEMBER SCHRODER: I second 5 Mr. Paradine's motion. 6 CHAIRMAN VILLANELLA: Thank you, 7 Mr. Schroder. 8 I call the question on the motion as 9 stated. All those in favor, signify by 10 saying "aye." 11 (Whereupon, all Board 12 members joined the motion by 13 saying, "aye.") 14 CHAIRMAN VILLANELLA: Any opposed? 15 (Whereupon, there was no 16 verbal response from the 17 Board.) 18 CHAIRMAN VILLANELLA: Hearing none, 19 the appeal is carried unanimously. 20 21 ******* 22 23 24 25 TOP KEY COURT REPORTING, INC. (516) 414-3516 30  1 2 9. APPEAL OF CORINNE & STEVEN 3 COLE, for a variance of the provisions of 4 200-52 of the Village Code, to allow for 5 the maintenance of one A/C compressors, 6 in the side yard of the dwelling, at the 7 dwelling known as 35 AVALON ROAD (Map of 8 Pell Gardens, Block 533, Lot 18, R-6 9 district) the granting of which would: 10 A. Reduce the (10.0') required 11 setback for freestanding A/C compressors, 12 to no less than (7.5') from the side 13 property line. 14 Building Department application # 15 ZBA-000070-2023. 16 CHAIRMAN VILLANELLA: Number 9 is 17 the Appeal of Corinne and Steven Cole for 18 their property 35 Avalon Road. 19 Is there a motion for this appeal? 20 MEMBER RIO: Yes, Mr. Chairman. I 21 move that the appeal be granted because I 22 believe the benefit sought by the 23 Applicant is greater than the potential 24 detriment to the neighborhood. 25 The Coles are seeking a side setback TOP KEY COURT REPORTING, INC. (516) 414-3516 31  1 2 variance for an existing air conditioning 3 compressor which is 7.5 feet from the 4 property line where 10 feet is required. 5 The property is 65-by-160. 6 The variance sought is minor and the 7 homeowner has agreed to completely shrub 8 the compressor on the remaining two 9 sides, and I urge the committee to join 10 me in approving. 11 CHAIRMAN VILLANELLA: Thank you, 12 Ms. Rio. 13 Is there a second for Ms. Rio's 14 motion? 15 MEMBER BARCHOWSKI: Mr. Chairman, I 16 second the motion. 17 CHAIRMAN VILLANELLA: Thank you, 18 Mr. Barchowski. 19 I call the question on the motion as 20 stated. All those in favor, signify by 21 saying "aye." 22 (Whereupon, all Board 23 members joined the motion by 24 saying, "aye.") 25 CHAIRMAN VILLANELLA: Any opposed? TOP KEY COURT REPORTING, INC. (516) 414-3516 32  1 2 (Whereupon, there was no 3 verbal response from the 4 Board.) 5 CHAIRMAN VILLANELLA: Hearing none, 6 the appeal is carried unanimously. 7 8 ******** 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TOP KEY COURT REPORTING, INC. (516) 414-3516 33  1 2 10. APPEAL OF PALLAVI SRIVASTAVA as 3 per the provisions of Sections 200-31 and 4 200-52of the Village Code, to allow for 5 issue of permits, to erect; a 130 sq. Ft. 6 & 216 sq. Ft. Front and 187 sq. Ft. Side 7 first floor additions, a 706 sq. Ft. 8 Raised platform and monumental steps in 9 the front; a 2,221 sq. Ft. Second floor 10 addition, with a 227 sq. Ft. Front, and a 11 315 sq. Ft. Rear balcony with a 126 sq. 12 Ft. Covered portion, an 83 sq. Ft. Rear 13 cellar entrance, while maintaining 66.0' 14 of 6.0' high estate fence and garbage 15 pail enclosure, at the premises known as 16 378 STEWART AVENUE (Map of Garden City 17 East, Block 131, Lot N6, R-20 district), 18 the granting of which would: 19 A. Reduce the (75.0') required 20 setback from Stewart Avenue to no less 21 than: 22 1. (59.8') with respect to the 23 platform, and (57.8') to the steps ~ 24 2. (67.2') to the balcony ~ 25 3. (72.1') to the proposed TOP KEY COURT REPORTING, INC. (516) 414-3516 34  1 2 additions. 3 B. Reduce the 80.0' required 4 accessory setback from John Street to no 5 less than: 6 1. (52.0') with respect to the 7 estate fence and gate ~ 8 2. (50.0') to the pail enclosure. 9 Application # ZBA-000007-2022, 10 Richard Muesch, R.A. 11 CHAIRMAN VILLANELLA: Number 10 is 12 the Appeal of Pallavi Srivastava for her 13 property 378 Stewart Avenue. 14 Is there a motion for this appeal? 15 MEMBER PARADINE: Mr. Chairman, I 16 move that the appeal be granted because I 17 believe the benefit sought by the 18 Applicant is greater than the potential 19 detriment to the neighborhood. 20 Here we have in this appeal at 21 378 Stewart Avenue a property 200-by-150. 22 All setback problems that come about from 23 the 75 foot minimum setback on Stewart 24 Avenue and 80 foot from John Street. 25 It's an R-20 zone, but this is TOP KEY COURT REPORTING, INC. (516) 414-3516 35  1 2 probably -- The Srivastava's are hampered 3 by the setback and all their appeals come 4 from the fact that they're 72 feet -- 5 Excuse me -- sixty feet for the platform 6 they want to build in the front, 67.2 to 7 the second floor balcony which is on 8 Stewart Avenue. 9 Also, as far as the setbacks on John 10 Street, which is right by their driveway, 11 they're asking for 52 feet which is still 12 a reasonable amount from the St. John's 13 Street setback to their fence for their 14 pool. 15 The gentleman who came here has 16 agreed to remove the garbage enclosure 17 which is right on top of John Street. 18 It's a vinyl thing, and they'll move it 19 back or dig a hole for whatever it might 20 be and supplant it. 21 The owner is planting all sorts of 22 shrubbery across Stewart Avenue. So any 23 of these incursions into the 75 yard 24 setback will not be noticed because 25 they'll be all 7-, 8 foot shrubs. TOP KEY COURT REPORTING, INC. (516) 414-3516 36  1 2 I believe we should grant the 3 Srivastavas their appeal. 4 CHAIRMAN VILLANELLA: Thank you, 5 Mr. Paradine. 6 Is there a second for Mr. Paradine's 7 motion? 8 MEMBER RIO: Yes, Mr. Chairman. I 9 second his motion. 10 CHAIRMAN VILLANELLA: Thank you, 11 Ms. Rio. 12 I call the question on the motion as 13 stated. All those in favor, signify by 14 saying "aye." 15 (Whereupon, all Board 16 members joined the motion by 17 saying, "aye.") 18 CHAIRMAN VILLANELLA: Is there any 19 opposition? Nay. Despite one negative 20 vote, the motion is carried, 4 to 1. 21 22 ******** 23 24 25 TOP KEY COURT REPORTING, INC. (516) 414-3516 37  1 2 CHAIRMAN VILLANELLA: This concludes 3 the business of the Zoning Board of 4 Appeals for the Village of Garden City 5 for Wednesday, February 22. The next 6 meeting is on March 21, 2023. 7 Thank you and good night. 8 (Whereupon, at 8:53 P.M., 9 the above matter concluded.) 10 11 ° ° ° ° 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TOP KEY COURT REPORTING, INC. (516) 414-3516 38  1 2 C E R T I F I C A T E 3 4 STATE OF NEW YORK ) : SS.: 5 COUNTY OF SUFFOLK ) 6 7 I, BARBARA DANIELS, a Notary Public for 8 and within the State of New York, do hereby 9 certify: 10 That the above is a correct transcription 11 of my stenographic notes. 12 I further certify that I am not related 13 to any of the parties to this action by blood 14 or by marriage and that I am in no way 15 interested in the outcome of this matter. 16 IN WITNESS WHEREOF, I have hereunto set 17 my hand this ^ day day of ^ Month 2017. 18 19 20 21 ___________________________ BARBARA DANIELS 22 23 24 25 TOP KEY COURT REPORTING, INC. (516) 414-3516 39  0 17:20, 25:18 27.79 [1] - 18:24 4:10, 6:10, 8:6, 8:8, 6:19, 35:4 184 [1] - 17:23 27.79%) [1] - 17:23 10:12, 21:2, 21:22, action [1] - 39:13 0.0 [1] - 6:25 187 [1] - 34:6 28 [1] - 3:13 28:11 add [1] - 11:7 000080-2023 [1] - 19 [1] - 6:17 28-29 [1] - 2:17 6-9 [1] - 2:7 addition [11] - 5:2, 17:25 28.25 [1] - 6:22 6.0 [4] - 6:24, 28:10, 11:8, 17:7, 17:12, 2 28:17, 34:14 21:5, 21:18, 23:9, 1 3 60 [2] - 4:17, 23:5 23:13, 25:7, 26:10, 2 [7] - 2:7, 6:2, 6:13, 60-by-110 [1] - 26:16 34:10 1 [14] - 2:5, 2:14, 3:7, 6:22, 7:8, 34:24, 3 [4] - 2:9, 10:2, 10:22, 60.0 [2] - 3:24, 21:15 additions [3] - 10:7, 4:3, 6:22, 14:9, 21:7, 35:8 34:25 65-by-130 [1] - 15:9 34:7, 35:2 21:8, 21:24, 22:7, 2,221 [1] - 34:9 3,000 [3] - 3:19, 4:14, 65-by-160 [1] - 32:5 Adjourned [1] - 7:6 28:15, 34:22, 35:6, 2,431 [1] - 3:20 10:18 658 [1] - 17:12 aesthetics [1] - 23:11 37:20 20 [1] - 4:14 3,962 [1] - 10:19 66.0 [1] - 34:13 aggregate [4] - 17:19, 1,383 [1] - 25:6 20% [1] - 3:19 3-5 [1] - 2:5 67.2 [2] - 34:24, 36:6 18:19, 25:17, 26:13 1,650 [1] - 17:22 20.0% [2] - 10:18, 30-33 [1] - 2:19 68.5 [1] - 28:17 agree [1] - 8:14 1,690 [1] - 17:7 21:12 315 [1] - 34:11 69 [1] - 17:15 agreed [3] - 22:16, 1,834 [1] - 17:23 200-15 [4] - 3:10, 10:4, 33 [1] - 14:9 6:30 [1] - 1:8 32:7, 36:16 1/2 [1] - 25:8 17:4, 21:3 34-37 [1] - 2:20 air [2] - 7:25, 32:2 10 [4] - 2:20, 32:4, 200-31 [2] - 14:4, 34:3 35 [3] - 2:19, 31:7, 7 ALEX [1] - 1:16 34:2, 35:11 200-45 [3] - 3:9, 6:4, 31:18 allow [5] - 3:11, 4:22, 10-13 [1] - 2:9 28:4 351 [1] - 1:6 7 [5] - 2:15, 14:6, 25:2, 21:4, 31:4, 34:4 10.0 [1] - 31:10 200-46 [3] - 10:4, 17:4, 36 [2] - 6:9, 28:9 25:21, 36:25 allowable [13] - 3:18, 10.4 [1] - 21:18 25:4 363 [1] - 6:11 7.0 [2] - 25:14, 26:11 10:17, 11:18, 11:24, 102.7 [1] - 6:24 200-52 [4] - 6:6, 21:4, 37.5 [3] - 6:19, 7:3, 7.06 [1] - 17:18 12:3, 17:21, 18:22, 106 [1] - 22:13 28:6, 31:4 28:18 7.5 [2] - 31:12, 32:3 19:3, 19:9, 19:13, 11 [2] - 17:15, 25:11 200-52of [1] - 34:4 378 [4] - 2:21, 34:16, 70 [1] - 17:5 21:11, 22:18, 22:20 112 [1] - 3:16 200-70 [3] - 3:9, 6:4, 35:13, 35:21 706 [1] - 34:7 allowed [1] - 22:15 11th [1] - 8:2 28:4 72 [1] - 36:4 allowing [1] - 25:5 120 [3] - 2:11, 14:8, 200-by-150 [1] - 35:21 4 72.1 [1] - 34:25 alteration [1] - 26:18 14:19 2015 [1] - 22:8 75 [3] - 25:11, 35:23, amend [1] - 22:16 121 [3] - 2:18, 28:13, 2017 [1] - 39:17 4 [4] - 2:10, 14:2, 36:23 amended [1] - 29:11 29:2 2022-11902 [1] - 4:2 14:17, 37:20 75.0 [1] - 34:19 amount [2] - 11:17, 126 [1] - 34:11 2023 [3] - 1:8, 7:6, 4,872 [1] - 21:12 36:12 13 [1] - 3:16 38:6 431 [2] - 3:20, 4:14 8 Appeal [19] - 2:5, 2:7, 130 [1] - 34:5 205 [3] - 2:12, 17:13, 47 [1] - 28:14 2:9, 2:12, 2:13, 2:15, 131 [1] - 34:17 18:4 495 [1] - 25:8 8 [5] - 2:17, 26:12, 2:17, 2:19, 2:20, 4:4, 136 [1] - 21:8 209 [3] - 2:16, 25:9, 28:2, 28:23, 36:25 7:9, 10:23, 14:18, 14 [1] - 3:13 25:23 5 8.0 [3] - 17:19, 25:14, 18:3, 21:23, 25:22, 14-16 [1] - 2:10 21 [1] - 38:6 28:10 28:24, 31:17, 35:12 14-by-28 [1] - 4:9 21-24 [1] - 2:13 5 [3] - 2:12, 17:2, 18:2 80 [5] - 2:9, 10:10, APPEAL [10] - 3:7, 14.58 [2] - 10:16, 21.8 [1] - 22:23 5,311 [2] - 22:18, 10:24, 22:14, 35:24 6:2, 10:2, 14:2, 17:2, 11:21 216 [1] - 34:6 22:23 80.0 [1] - 35:3 21:2, 25:2, 28:2, 140 [3] - 2:8, 6:15, 22 [3] - 1:8, 12:4, 38:5 5,417 [1] - 21:13 83 [1] - 34:12 31:2, 34:2 7:11 22.23%) [1] - 21:14 50.0 [2] - 28:20, 35:8 87 [4] - 2:6, 3:15, 4:6, appeal [35] - 2:10, 4:8, 143 [1] - 6:17 22.87 [1] - 4:15 50.9 [2] - 21:17, 23:6 17:9 5:4, 7:13, 7:18, 8:19, 15 [1] - 11:21 22.87% [1] - 3:20 52 [1] - 36:11 88 [1] - 17:8 9:15, 10:25, 11:3, 15,000 [1] - 3:21 220-by-132 [1] - 29:14 52.0 [1] - 35:6 8:53 [1] - 38:8 11:7, 12:13, 13:9, 15.0 [1] - 10:15 227 [1] - 34:10 52.4 [1] - 3:24 14:20, 14:22, 15:3, 15.06 [1] - 17:18 229 [1] - 17:11 52.40 [1] - 4:17 9 18:5, 18:7, 19:15, 15.5 [2] - 25:17, 26:14 23.4 [2] - 14:14, 15:7 533 [1] - 31:8 21:25, 22:3, 22:16, 151 [1] - 14:5 24 [2] - 10:9, 11:10 540 [2] - 21:5, 23:4 9 [3] - 2:19, 31:2, 22:25, 23:14, 25:24, 25 [2] - 15:7, 18:22 545 [1] - 21:13 31:16 26:2, 29:4, 29:9, 16 [2] - 6:8, 28:8 25-27 [1] - 2:15 57.8 [1] - 34:23 962 [1] - 10:19 30:19, 31:19, 31:21, 16-by-36 [1] - 29:15 25.0 [1] - 14:12 584 [1] - 10:6 97 [1] - 10:12 33:6, 35:14, 35:16, 160 [2] - 10:8, 21:6 59 [1] - 25:7 35:20, 37:3 17 [1] - 7:6 25.0% [1] - 17:22 17-20 [1] - 2:12 26 [1] - 10:5 59.8 [1] - 34:22 A appeals [1] - 36:3 APPEALS [1] - 1:3 172 [1] - 17:8 26.41%) [1] - 10:19 A/C [2] - 31:5, 31:11 Appeals [3] - 3:3, 3:4, 18 [2] - 26:14, 31:8 26.48 [1] - 19:10 6 ABA [1] - 17:24 38:4 18.0 [4] - 14:13, 15:7, 27.59 [1] - 19:2 6 [10] - 2:13, 3:13, accessory [3] - 3:22, appearance [1] - TOP KEY COURT REPORTING, INC. (516) 414-3516 1  15:11 BARBARA [3] - 1:24, 19:13, 21:11, 22:18, christopher [1] - de [3] - 11:20, 19:4, Applicant [9] - 7:18, 39:7, 39:21 25:5 14:18 19:14 11:5, 14:24, 18:9, Barchowski [4] - 9:3, BUILDING [1] - 1:22 CITY [1] - 1:2 decisions [1] - 3:6 22:5, 22:15, 26:4, 15:23, 23:16, 32:18 BUILDINGS [1] - 1:20 City [13] - 1:7, 3:5, decreases [1] - 22:17 31:23, 35:18 BARCHOWSKI [6] - built [1] - 22:11 3:16, 6:16, 8:15, demolish [3] - 10:9, Application [6] - 2:7, 1:16, 8:24, 15:20, burden [1] - 7:19 10:11, 14:9, 17:14, 17:11, 25:8 2:17, 4:4, 7:9, 28:24, 22:2, 22:22, 32:15 business [1] - 38:3 21:9, 25:10, 28:14, demolishing [1] - 35:9 barchowski's [1] - BY [1] - 1:19 34:16, 38:4 11:10 APPLICATION [4] - 23:17 close [4] - 3:23, 4:16, Department [9] - 3:25, 2:3, 3:7, 6:2, 28:2 bay [3] - 14:6, 14:14, C 6:25, 28:18 7:4, 10:20, 14:15, application [12] - 2:5, 15:4 Code [10] - 3:11, 6:6, 17:24, 21:20, 25:19, 3:25, 4:7, 5:4, 7:13, beautiful [1] - 29:13 Cabana [2] - 21:5, 10:5, 14:4, 17:5, 28:21, 31:14 7:16, 8:19, 29:4, become [1] - 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2:9, 10:23 correct [1] - 39:10 20:5, 23:20, 23:23, BRIAN [1] - 1:14 33:5, 35:11, 37:4, EHRIG [1] - 10:3 COUNTY [1] - 39:5 27:10, 27:13, 30:10, bring [1] - 12:3 37:10, 37:18, 38:2 COURT [1] - 1:24 Eleventh [3] - 6:14, 30:13, 32:21, 32:24, BROOK [1] - 3:15 changes [2] - 7:23, cover [1] - 28:10 6:20, 7:2 37:14, 37:17 Brook [2] - 2:6, 4:6 19:13 coverage [1] - 4:13 Elizabeth [1] - 4:2 build [2] - 18:13, 36:6 Cheng [4] - 2:7, 7:10, covered [1] - 34:12 enclosed [4] - 6:9, 7:21, 8:18 B Building [9] - 3:25, create [1] - 11:8 11:17, 12:8, 28:11 7:4, 10:20, 14:15, CHENG [1] - 6:3 creates [1] - 11:11 enclosure [3] - 34:15, backyard [2] - 8:3, 17:24, 21:20, 25:19, chimney [2] - 17:12, 35:8, 36:16 23:9 28:21, 31:14 23:9 balcony [3] - 34:11, CHRISTINE [1] - 1:15 D encroachment [1] - building [14] - 3:12, 4:23 34:24, 36:7 3:18, 10:17, 11:18, Christopher [1] - 2:10 DALY [1] - 1:22 enlarged [1] - 26:21 Banke [2] - 2:7, 7:9 11:25, 12:3, 17:21, CHRISTOPHER [1] - DANIELS [3] - 1:24, enshrouded [1] - 8:10 BANKE [1] - 6:2 18:22, 19:3, 19:9, 14:2 39:7, 39:21 entrance [1] - 34:13 TOP KEY COURT REPORTING, INC. (516) 414-3516 2 equation [2] - 12:8, FISHBERG [1] - 1:19 1:20 INCORPORATED [1] - Law [1] - 4:20 19:8 floor [10] - 10:6, 11:14, GIUSEPPE [1] - 1:20 1:2 Lawns [1] - 14:9 erect [2] - 25:6, 34:5 11:15, 17:6, 17:7, grant [7] - 4:7, 7:16, increase [3] - 4:12, less [7] - 6:20, 10:15, erection [3] - 10:5, 25:6, 26:10, 34:7, 7:17, 8:18, 23:2, 19:3, 21:13 14:13, 21:17, 31:12, 14:5, 17:5 34:9, 36:7 29:22, 37:2 increased [1] - 18:23 34:20, 35:5 Erigo [2] - 2:5, 4:5 following [1] - 3:5 granted [8] - 11:3, incursions [1] - 36:23 line [4] - 7:2, 28:19, ERIGO [1] - 3:8 foot [9] - 4:10, 8:6, 14:23, 18:7, 22:3, INSPECTOR [1] - 1:22 31:13, 32:4 Erigos [1] - 4:8 8:8, 11:10, 23:5, 26:2, 29:7, 31:21, interested [1] - 39:15 livable [1] - 11:12 ESQ [1] - 1:19 29:15, 35:23, 35:24, 35:16 issuance [2] - 6:7, LLP [1] - 1:18 estate [2] - 34:14, 35:7 36:25 granting [14] - 3:17, 28:7 located [2] - 3:14, Estate [2] - 6:10, footprint [5] - 12:2, 5:4, 6:7, 6:18, 10:13, issue [5] - 3:11, 11:23, 4:11 28:11 12:6, 18:14, 18:20, 14:10, 17:16, 21:9, 22:24, 25:5, 34:5 lovely [1] - 15:9 Estates [2] - 10:12, 19:2 23:14, 25:12, 28:7, 28:14 freestanding [1] - 28:15, 31:9, 34:18 J M evening [1] - 3:6 31:11 greater [8] - 11:5, exceed [3] - 3:18, front [15] - 6:14, 10:8, 14:24, 18:9, 22:5, James [4] - 21:16, maintain [2] - 6:8, 10:17, 17:21 11:8, 14:7, 14:12, 22:14, 26:4, 31:23, 22:10, 23:5, 23:6 28:8 excessive [1] - 12:10 15:3, 15:6, 17:6, 35:18 January [1] - 7:6 maintaining [1] - Excuse [1] - 36:5 17:8, 25:7, 26:9, greatly [1] - 26:18 Jessica [2] - 2:7, 7:10 34:13 existing [13] - 6:22, 34:6, 34:9, 34:10, ground [4] - 3:13, JESSICA [1] - 6:3 maintenance [3] - 17:18, 18:14, 18:18, 36:6 4:10, 6:9, 28:9 John [8] - 10:21, 6:13, 21:6, 31:5 18:19, 18:20, 18:25, ft [41] - 3:19, 3:20, Group [2] - 7:5, 28:22 14:16, 17:25, 21:21, major [1] - 22:8 25:8, 25:13, 25:16, 3:21, 6:11, 10:6, 35:4, 35:24, 36:9, Map [10] - 3:15, 6:16, 26:11, 26:15, 32:2 10:8, 10:9, 10:18, H 36:17 10:11, 14:8, 17:14, exists [1] - 22:10 10:19, 14:5, 14:6, JOHN [1] - 1:11 21:8, 25:10, 28:13, extend [4] - 25:13, 17:6, 17:7, 17:8, habitable [1] - 17:10 John's [1] - 36:12 31:7, 34:16 25:16, 26:10, 26:13 17:9, 17:11, 17:12, half [1] - 18:12 join [7] - 5:3, 12:12, March [1] - 38:6 extension [2] - 17:17, 17:22, 17:23, 21:5, Hall [1] - 1:6 15:14, 19:15, 23:13, marriage [1] - 39:14 18:18 21:6, 21:12, 21:13, hampered [1] - 36:2 26:23, 32:9 matter [2] - 38:9, 25:6, 25:7, 25:8, hand [1] - 39:17 joined [10] - 5:14, 9:8, 39:15 34:5, 34:6, 34:7, HEARING [1] - 1:4 meeting [3] - 3:2, 7:7, F 34:9, 34:10, 34:11, 13:2, 16:4, 20:4, Hearing [9] - 5:20, 23:22, 27:12, 30:12, 38:6 fact [1] - 36:4 34:12 9:14, 13:8, 16:10, 32:23, 37:16 MEMBER [23] - 1:13, family [1] - 11:12 functional [1] - 23:11 20:10, 24:4, 27:18, Joseph [2] - 2:5, 4:5 1:14, 1:15, 1:16, 5:6, far [2] - 8:5, 36:9 30:18, 33:5 JOSEPH [1] - 3:8 7:14, 8:24, 11:2, favor [10] - 5:11, 9:5, G heat [2] - 6:13, 6:23 12:18, 14:21, 15:20, 12:23, 15:25, 19:25, gable [1] - 15:5 hereby [1] - 39:8 K 18:6, 19:20, 22:2, 23:19, 27:9, 30:9, hereunto [1] - 39:16 22:22, 25:25, 27:4, 32:20, 37:13 Gables [2] - 17:15, high [5] - 6:10, 6:25, Kenneth [1] - 25:20 29:5, 30:4, 31:20, February [2] - 1:8, 25:11 28:11, 28:18, 34:14 kitchen [1] - 11:12 32:15, 35:15, 37:8 38:5 garage [2] - 17:6, hole [1] - 36:19 known [10] - 3:15, members [10] - 5:14, feet [17] - 4:14, 4:15, 17:10 home [6] - 12:7, 6:15, 10:10, 14:8, 9:8, 13:2, 16:4, 20:4, 4:17, 11:21, 22:14, garbage [2] - 34:14, 12:11, 18:13, 18:21, 17:13, 21:7, 25:9, 23:22, 27:12, 30:12, 22:15, 22:19, 22:23, 36:16 19:2, 19:12 28:13, 31:7, 34:15 32:23, 37:16 23:4, 23:6, 26:12, GARDEN [2] - 1:2, homeowner [1] - 32:7 KRISTINA [1] - 10:2 MICHAEL [1] - 1:13 26:14, 32:3, 32:4, 14:8 homeowners [1] - Kristina [2] - 2:9, might [1] - 36:19 36:4, 36:5, 36:11 Garden [15] - 1:7, 26:17 10:23 minimis [3] - 11:20, fence [14] - 3:14, 3:23, 2:11, 3:4, 3:16, 6:16, hope [1] - 5:3 KRISTY [1] - 28:3 19:4, 19:14 4:11, 4:16, 4:21, 8:15, 10:11, 14:9, horizontal [1] - 17:17 Kristy [2] - 2:17, 28:25 minimum [5] - 10:14, 6:10, 8:6, 8:9, 8:11, 14:19, 17:14, 21:9, house [3] - 11:23, KULLEN [1] - 1:18 17:18, 21:16, 23:5, 22:9, 28:11, 34:14, 25:10, 28:14, 34:16, 15:10, 15:12 KURT [1] - 10:2 35:23 35:7, 36:13 38:4 Kurt [2] - 2:9, 10:23 minor [1] - 32:6 Gardens [1] - 31:8 fencing [3] - 6:25, gate [2] - 3:23, 35:7 I modernization [1] - 28:18, 29:9 L 15:10 finally [1] - 7:24 gentleman [1] - 36:15 important [1] - 12:11 modernize [1] - 26:19 fine [1] - 29:21 Gerard [2] - 2:13, improve [1] - 26:18 L.A [1] - 4:2 modernized [1] - fireplace [1] - 11:22 21:23 improved [1] - 15:12 landscape [2] - 29:17, 26:22 first [6] - 7:15, 10:6, GERARD [2] - 1:19, IN [1] - 39:16 29:18 modernizing [1] - 11:14, 11:19, 17:6, 21:2 in-ground [4] - 3:13, large [2] - 15:13, 12:11 34:7 GIOVANNIELLO [1] - 4:10, 6:9, 28:9 19:11 Month [1] - 39:17 TOP KEY COURT REPORTING, INC. (516) 414-3516 3 month [1] - 7:23 Number [1] - 18:2 per [4] - 3:8, 6:3, 28:3, proposal [1] - 22:21 requested [2] - 4:8, monumental [1] - 34:8 number [9] - 4:3, 7:8, 34:3 proposed [3] - 21:17, 22:21 motion [53] - 5:7, 10:22, 14:17, 21:22, percent [4] - 4:14, 26:18, 34:25 require [1] - 8:4 5:10, 5:14, 5:21, 25:21, 28:23, 31:16, 4:15, 12:5, 22:23 protective [1] - 4:19 required [17] - 3:24, 7:12, 8:23, 8:25, 9:4, 35:11 percentage [1] - 19:9 provisions [12] - 3:8, 4:17, 7:3, 10:14, 9:8, 10:25, 12:17, pergola [1] - 6:11 6:4, 6:5, 10:3, 14:3, 15:7, 17:20, 18:23, 12:19, 12:22, 13:2, O permission [1] - 4:9 17:3, 21:3, 25:3, 21:15, 25:15, 25:18, 14:20, 15:19, 15:21, permit [5] - 3:12, 10:5, 28:3, 28:5, 31:3, 26:12, 26:14, 28:20, 15:24, 16:4, 16:11, obtained [1] - 22:9 14:5, 17:5, 25:5 34:3 31:10, 32:4, 34:19, 18:5, 19:19, 19:21, OF [14] - 1:2, 1:3, 3:7, permits [3] - 6:8, 28:8, PUBLIC [1] - 1:4 35:3 19:24, 20:4, 20:11, 6:2, 10:2, 14:2, 17:2, 34:5 Public [1] - 39:7 residence [1] - 22:7 21:25, 23:17, 23:18, 21:2, 25:2, 28:2, piece [1] - 29:13 pumps [2] - 6:14, 6:23 respect [3] - 11:24, 23:22, 24:5, 25:24, 31:2, 34:2, 39:4, place [2] - 4:16, 22:12 purely [1] - 23:10 34:22, 35:6 27:3, 27:5, 27:8, 39:5 Place [3] - 2:14, 21:24, purposes [1] - 4:19 respectively [1] - 27:12, 27:19, 29:3, once [1] - 12:7 22:7 17:20 30:3, 30:5, 30:8, one [7] - 10:7, 10:9, PLACE [1] - 21:8 Q response [9] - 5:18, 30:12, 31:19, 32:14, 11:22, 17:11, 18:12, placed [1] - 4:21 9:12, 13:6, 16:8, 32:16, 32:19, 32:23, 31:5, 37:19 plan [2] - 11:11, 18:11 QUATRO [1] - 25:3 20:8, 24:2, 27:16, 35:14, 37:7, 37:9, one-and-a-half [1] - planting [1] - 36:21 Quatro [2] - 2:15, 30:16, 33:3 37:12, 37:16, 37:20 18:12 platform [3] - 34:8, 25:22 resumed [1] - 3:5 move [12] - 4:7, 7:15, open [3] - 10:8, 19:6, 34:23, 36:5 Quatros [1] - 26:6 Richard [1] - 35:10 7:25, 11:3, 14:22, 19:7 Platinum [2] - 7:5, quite [1] - 11:15 right-of-way [1] - 8:13 18:7, 22:3, 25:25, operable [1] - 6:12 28:22 RIO [6] - 1:15, 5:6, 29:6, 31:21, 35:16, opposed [9] - 5:16, plenty [1] - 29:14 R 14:21, 25:25, 31:20, 36:18 9:10, 13:4, 16:6, 37:8 plot [2] - 7:2, 28:19 MR [4] - 3:7, 14:2, 20:6, 23:24, 27:14, R-12 [3] - 3:16, 10:12, Rio [5] - 5:9, 15:17, points [2] - 18:25, 17:2, 25:2 30:14, 32:25 28:15 26:25, 32:12, 37:11 19:5 MRS [2] - 3:8, 25:2 opposition [1] - 37:19 R-20 [2] - 34:17, 35:25 Rio's [3] - 15:18, 27:2, pool [17] - 3:13, 4:10, Muesch [1] - 35:10 originally [1] - 29:8 4:24, 6:9, 7:16, 8:7, R-6 [4] - 14:10, 17:15, 32:13 ought [1] - 4:22 8:14, 8:16, 11:16, 25:11, 31:8 Road [7] - 2:9, 2:16, N outcome [1] - 39:15 12:2, 12:6, 28:9, R-8 [1] - 6:17 2:19, 10:24, 18:4, overhang [1] - 15:5 29:12, 29:15, 29:20, R.A [5] - 14:16, 17:25, 25:23, 31:18 N6 [1] - 34:17 owner [2] - 15:10, 21:21, 25:20, 35:10 ROAD [4] - 10:11, 29:22, 36:14 Nay [1] - 37:19 36:21 R20 [1] - 21:9 17:14, 25:10, 31:7 porch [8] - 10:8, 11:8, needed [1] - 11:13 owners [1] - 11:14 RA [1] - 10:21 road [2] - 2:12, 8:13 14:6, 14:14, 15:5, negative [1] - 37:19 rail [1] - 8:12 roof [2] - 6:12, 14:14 19:6, 25:7, 26:9 neighborhood [7] - P porches [1] - 17:9 raised [2] - 28:10, room [2] - 11:12, 11:6, 15:2, 18:10, 34:8 29:14 portion [2] - 17:10, 22:6, 26:5, 31:24, p.m [1] - 1:8 rear [14] - 3:14, 4:11, rooms [1] - 11:13 34:12 35:19 P.M [1] - 38:8 4:19, 6:12, 10:6, portions [1] - 6:11 neighbors [1] - 5:3 PAGE [1] - 2:3 New [3] - 1:7, 4:20, positive [1] - 5:2 10:7, 10:9, 11:7, S pail [2] - 34:15, 35:8 potential [7] - 11:5, 17:8, 17:12, 21:7, 39:8 Pallavi [2] - 2:20, 29:15, 34:11, 34:12 Sackville [4] - 2:12, 14:25, 18:9, 22:5, NEW [1] - 39:4 35:12 reasonable [1] - 36:12 2:16, 18:4, 25:23 26:4, 31:23, 35:18 next [1] - 38:5 PALLAVI [1] - 34:2 reduce [5] - 6:19, SACKVILLE [2] - premises [4] - 3:15, nicely [1] - 26:20 Paradine [4] - 8:21, 10:14, 14:12, 15:6, 17:14, 25:10 6:15, 28:12, 34:15 night [1] - 38:7 12:21, 19:23, 29:25 31:10 satisfied [1] - 7:19 presented [1] - 11:11 non [1] - 26:16 paradine [2] - 27:7, privacy [1] - 8:14 Reduce [2] - 34:19, SCHRODER [4] - non-compliant [1] - 37:5 problems [1] - 35:22 35:3 1:13, 11:2, 18:6, 26:16 PARADINE [7] - 1:14, reduced [1] - 21:15 30:4 properly [1] - 4:21 none [9] - 5:20, 9:14, 7:14, 12:18, 19:20, related [1] - 39:12 Schroder [3] - 12:15, properties [1] - 26:20 13:8, 16:10, 20:10, 27:4, 29:5, 35:15 remaining [1] - 32:8 19:17, 30:7 property [25] - 4:5, 24:4, 27:18, 30:18, Paradine's [3] - 8:23, remove [2] - 22:17, Schroder's [3] - 4:13, 4:19, 4:25, 33:5 30:2, 37:6 36:16 12:17, 19:18, 19:21 7:10, 8:7, 10:24, north [2] - 8:8, 8:10 paradine's [1] - 30:5 rendering [1] - 23:10 screened [1] - 4:25 11:16, 14:19, 15:8, Notary [1] - 39:7 part [1] - 12:2 renovating [2] - 26:6, second [25] - 5:5, 5:6, 18:4, 21:23, 25:23, note [1] - 11:19 parties [1] - 39:13 26:7, 26:16, 26:19, 26:7 8:23, 8:25, 11:15, noted [1] - 11:14 PAUL [1] - 25:2 28:25, 29:13, 29:21, renovation [2] - 19:12, 12:16, 12:18, 15:18, notes [1] - 39:11 Paul [2] - 2:15, 25:22 31:13, 31:18, 32:4, 22:8 15:21, 17:7, 19:18, noticed [1] - 36:24 Pell [1] - 31:8 32:5, 35:13, 35:21 REPORTER [1] - 1:24 19:20, 23:16, 25:6, TOP KEY COURT REPORTING, INC. (516) 414-3516 4  26:10, 27:2, 27:4, space [3] - 11:17, SUPT [1] - 1:20 22:20 26:11, 29:16, 31:6, 30:2, 30:4, 32:13, 12:9, 17:11 surround [2] - 8:6, 8:7 Village [13] - 1:6, 3:4, 36:23 32:16, 34:9, 36:7, split [1] - 6:13 surrounded [1] - 8:9 3:11, 6:6, 10:4, 14:4, yards [3] - 17:19, 37:6, 37:9 sq [41] - 3:19, 3:20, swimming [4] - 3:13, 17:4, 21:4, 25:4, 25:17, 26:14 secondly [1] - 7:17 3:21, 6:11, 10:6, 4:10, 6:9, 28:9 28:6, 31:4, 34:4, York [3] - 1:7, 4:20, section [3] - 3:10, 6:6, 10:8, 10:9, 10:18, system [1] - 6:13 38:4 39:8 28:6 10:19, 14:5, 14:6, VILLANELLA [51] - YORK [1] - 39:4 Section [4] - 10:4, 17:6, 17:7, 17:8, T 1:11, 3:2, 4:3, 5:8, 14:4, 17:4, 25:4 17:9, 17:11, 17:12, 5:16, 5:20, 7:8, 8:20, Z Sections [4] - 3:9, 6:4, 17:22, 17:23, 21:5, tasteful [1] - 23:8 8:22, 9:2, 9:10, 9:14, 28:4, 34:3 21:6, 21:12, 21:13, terrace [1] - 19:6 10:22, 12:14, 12:20, ZBA-000007-2022 [1] sections [1] - 21:3 25:6, 25:7, 25:8, they've [2] - 4:16, 7:24 13:4, 13:8, 14:17, - 35:9 see [2] - 8:17, 29:19 34:5, 34:6, 34:7, third [1] - 7:23 15:16, 15:22, 16:6, ZBA-000036-2022 [1] seeking [4] - 7:23, 8:5, 34:9, 34:10, 34:11, THOMAS [1] - 1:22 16:10, 18:2, 19:16, - 7:5 26:8, 31:25 34:12 three [1] - 7:22 19:22, 20:6, 20:10, ZBA-000056-2022 [1] set [1] - 39:16 square [7] - 4:14, top [1] - 36:17 21:22, 23:15, 23:24, - 14:16 setback [19] - 6:20, 4:15, 22:13, 22:14, totally [1] - 29:18 24:4, 25:21, 26:24, ZBA-000070-2023 [1] 10:15, 11:23, 14:13, 22:18, 22:23, 23:4 transcription [1] - 27:6, 27:14, 27:18, - 31:15 15:4, 15:6, 21:16, Srivastava [2] - 2:20, 39:10 28:23, 29:24, 30:6, ZBA-000071-2023 [1] 23:5, 26:8, 26:12, 35:12 Tremont [1] - 14:7 30:14, 30:18, 31:16, - 25:20 31:11, 31:25, 34:20, SRIVASTAVA [1] - TUNG [1] - 6:3 32:11, 32:17, 32:25, ZBA-000072-2023 [1] 35:4, 35:22, 35:23, 34:2 Tung [4] - 2:7, 7:9, 33:5, 35:11, 37:4, - 21:21 36:3, 36:13, 36:24 Srivastava's [1] - 36:2 7:21, 8:18 37:10, 37:18, 38:2 ZBA-000074-2023 [1] setbacks [3] - 19:12, Srivastavas [1] - 37:3 two [3] - 18:13, 18:15, vinyl [1] - 36:18 - 10:21 26:15, 36:9 SS [1] - 39:4 32:8 viscardi [3] - 17:25, ZBA-000081-2022 [1] Shawn [1] - 2:12 St [5] - 21:16, 22:10, two-story [1] - 18:13 18:24, 22:13 - 28:22 SHAWN [1] - 17:2 23:5, 23:6, 36:12 Viscardi [3] - 10:21, Zone [1] - 21:9 Stanford [2] - 2:12, 14:16, 21:21 zone [2] - 8:3, 35:25 shawn [1] - 18:3 U visible [1] - 8:11 shed [5] - 21:6, 21:19, 18:3 Zoning [2] - 3:3, 38:3 22:11, 22:13, 22:17 STANFORD [1] - 17:2 unanimously [9] - VITALE [1] - 14:3 ZONING [1] - 1:3 shown [1] - 23:10 State [2] - 4:20, 39:8 5:21, 9:15, 13:9, Vitale [2] - 2:10, 14:18 shrub [1] - 32:7 STATE [1] - 39:4 16:11, 20:11, 24:5, vitale [1] - 15:3 ° shrubbery [2] - 8:10, stenographic [1] - 27:19, 30:19, 33:6 vote [1] - 37:20 36:22 39:11 units [1] - 7:25 ° [4] - 38:11 shrubs [1] - 36:25 steps [2] - 34:8, 34:23 up [1] - 29:18 W side [22] - 8:2, 8:8, STEVEN [1] - 31:2 urge [4] - 15:14, ½ 8:10, 10:7, 10:15, Steven [2] - 2:19, 23:13, 26:22, 32:9 Wednesday [1] - 38:5 11:8, 11:19, 11:22, 31:17 WESTMINSTER [1] - ½ [1] - 17:12 10:11 17:19, 18:16, 18:18, Stewart [8] - 1:6, 2:21, V 18:19, 25:14, 25:17, 34:20, 35:13, 35:21, Westminster [2] - 2:9, 26:8, 26:11, 26:13, 35:23, 36:8, 36:22 variance [23] - 3:10, 10:24 28:12, 31:6, 31:12, STEWART [1] - 34:16 4:23, 6:5, 7:20, 8:4, WHEREOF [1] - 39:16 31:25, 34:6 still [1] - 36:11 8:6, 10:3, 11:20, WHITEHALL [1] - sides [1] - 32:9 story [7] - 10:7, 10:9, 12:4, 12:9, 14:3, 28:13 signify [10] - 5:11, 9:5, 17:11, 17:13, 18:12, 15:4, 15:13, 17:3, Whitehall [6] - 2:18, 12:23, 15:25, 19:25, 18:13, 25:9 21:3, 22:9, 25:3, 28:19, 29:2, 29:10, 23:19, 27:9, 30:9, Stratford [1] - 29:10 26:9, 28:5, 29:9, 29:19, 29:20 32:20, 37:13 Street [19] - 2:6, 2:8, 31:3, 32:2, 32:6 window [3] - 14:6, simple [1] - 29:12 2:11, 4:6, 6:14, 6:20, variances [2] - 18:15, 14:14, 15:5 sixty [1] - 36:5 7:2, 7:11, 8:2, 14:7, 18:17 WITNESS [1] - 39:16 skews [1] - 11:17 14:19, 21:16, 23:6, verbal [9] - 5:18, 9:12, wood [1] - 6:10 small [3] - 11:10, 23:7, 35:4, 35:24, 13:6, 16:8, 20:8, wooden [1] - 8:9 11:13, 11:15 36:10, 36:13, 36:17 24:2, 27:16, 30:16, sorry [1] - 18:16 STREET [3] - 3:15, 33:3 Y sorts [1] - 36:21 6:16, 14:8 vertical [1] - 18:18 structures [3] - 3:22, vertically [4] - 25:13, yard [18] - 3:14, 4:11, sought [10] - 11:4, 19:7 25:16, 26:11, 26:13 6:12, 6:14, 8:12, 14:24, 18:8, 18:15, substantial [1] - 19:11 vestibule [2] - 10:10, 10:15, 11:19, 14:12, 18:17, 22:4, 26:3, 11:10 15:4, 18:16, 18:18, 31:22, 32:6, 35:17 SUFFOLK [1] - 39:5 VILLAGE [2] - 1:2, 18:19, 25:14, 26:8, spa [1] - 28:11 supplant [1] - 36:20 TOP KEY COURT REPORTING, INC. (516) 414-3516 5