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, AUGUST 15, 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, August 15, 2023, at 6:30 p.m., to take action on the following matters: 1. 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 8' x 8' 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. Application # ZBA-000051-2022. *Adjourned at the March 21, 2023, meeting 2. APPEAL OF CHRISTOPHER & SAMANTHA AMATO for a variance of the provisions of section 200-31, 200-46.D & 200-52 of the Village Code, to allow for the issuance of permits, to erect a 597 sq. ft. second floor addition, and the placement of (2) AC compressors in the rear yard, at the corner premises known as 143 WETHERILL ROAD (Map of Country Life Development, Block O, Lot 251, R-6 district), the granting of which would; A. reduce the Wetherill Road front setback of 25.0’, to not less than 22.25’ ~ B. reduce the freestanding equipment setback of 10.0’, to not less than 6.0’~ C. reduce the 8.0’ minimum side yard setback, to not less than 5.0’, where 4.5’ is existing. Building Department # ZBA-000156-2023, Daniel Fabrizi R.A. *Adjourned at the July 18, 2023, 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, AUGUST 15, 2023 3. APPLICATION & APPEAL OF JASON & CAROLYN CASANO, as per the provisions of Sections 200-45 and 200-70, and a variance from sections 200-15 and 200- 52 of the Village Code, to allow for amendment of building permits, for the construction and maintenance of an 18’ x 38’ in-ground swimming pool and additional 9’x 9’ spa, in the rear yard of the corner premises known as 8 WARTON PLACE (Map of Garden City East, Block 141, Lot 6, R-20 district), the granting of which would: A. cause the allowable building area of 3,961 sq. ft. or 20.0%, to be exceeded by 449 sq. ft. (4,329 sq. ft. or 21.85%) ~ * Previously granted on April 18, 2023, as an 18’ x 36’ pool only, with a building coverage of (4,293 sq. ft. or 21.70%). Building Department # ZBA-000171-2023, Daniel Fabrizi, R.A. 4. APPLICATION OF ANDREW MALAPIT, in accordance with the provisions in Sections 200-45 and 200-70 of the Village Code, to allow issuance of permits for installation and maintenance of, a 6' diameter hot tub, with locking cover, in the rear yard, at the premises known as 21 MIDDLETON ROAD (Map of Richlands, Block 6, Lot 88, R-6 district). Building Department Application # ZBA-000159-2023. 5. APPLICATION & APPEALOF KISHORE HEMRAJANI, as per the provisions of Sections 200-45 of the Village Code, to allow for the issue of a building permit, to construct and maintain an 18’ x 44’ in-ground swimming pool with an 8’ x 8’ internal spa and automatic cover, enclosed by 6’ fence and gates, with a landscape plan, in the rear yard of the premises known as 7 SAINT JAMES STREET NORTH (Map of Garden City East, Block 131, Lot 11, R-20 district), the granting of which would; A. exceed the allowable building area of 20.0% or 3,881 sq. ft. by 874 sq. ft. (24.49% or 4,755 sq. ft.). B. reduce to 80.0’ accessory setback from St. James Street North, to not less than: 1. 44.3’ for 40.2’ of 6.0’ high fence and, 2. 50.2’ for 3 existing a/c compressors. 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, AUGUST 15, 2023 Building Department # ZBA-000161-2023, Todd O’Connell R.A. 6. APPEAL OF IVARAONE BROTHERS GARDEN CITY LLC, for a variance of the provisions of Section 200-15 and 200-62 of the Village Code, so as to permit the installation of a lower-level kitchen, at the commercial parcel known as 140 SEVENTH STREET (Map of Garden City Central, Block 6, Lot 6 and 16, C-2 District) the granting of which would – A. exceed the allowable FAR of .75 by 26%, or .97 FAR, where .83 FAR exists. B. not provide 8 additional parking spaces. Building Department # ZBA-000164-2023. 7. APPEAL OF THOMAS B. KADE, for a variance of the provisions of Section 200-15 and 200-52 of the Village Code, to permit the construction of a 5 sq. ft. first floor, a 38 sq. ft. and 15 sq. ft. second floor additions, and 460 sq. ft. roof over patio and 27 sq. ft. portico at the rear, while converting a 158 sq. ft. garage portion to habitable space, at the dwelling known as 17 CEDAR PLACE (Map of Garden City Central, Block 3, Lots 23, R-8 district) the granting of which would; A. exceed the allowable building area of 25.0% or 2,109 sq. ft., by 369 sq. ft. (2,470 sq. ft. or 29.3%) ~ B. reduce the 10.0’ freestanding equipment plot line setback to not less than 6.0’~ Building Department # ZBA-000168-2023, Paul Rice, R.A. 8. APPEAL OF KIERAN & KRISTINA McKAY for a variance of provisions contained in Sections 200-31, 200-46 & 200-52 of the Village Code, to allow the issue of building permits erecting a; 1,010 sq. ft. first floor with a 643 sq. ft. second floor above, and a 288 sq. ft. roof over porch at the rear, and a 36 sq. ft. front portico, with the installation of two A/C compressors in the side yard of the dwelling known as 37 RUSSELL ROAD (Map of Country Life Development, Block Z, Lots 454, R-6 district) the granting 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, AUGUST 15, 2023 A. reduce the 30.0’ front setback, to not less than 29.1’ ~ B. reduce the required: 1. 8.0’ minimum side yard to not less than 6.77’. 2. 18.6’ aggregate side yard to not less than 17.58’. C. reduce the 10.0’ minimum equipment plot line setback to not less than 6.75’. Building Department # ZBA-000169-2023, Barbara M. Ruggiero, R.A. END OF CASES The Board may transact any other business that may properly come before the meeting. DATED: August 1, 2023, 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: TUESDAY SEPTEMBER 19, 2023 Page 4