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Zoning Board of Appeals

Regular Meeting

Garden City, NY · October 17, 2023

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Agenda

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, OCTOBER 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, October 17, 2023, at 6:30 p.m., to take action on the following matters: 1. APPEAL OF ARISTIDIS & GELUNA NIKOLITSIS for a variance of the provisions of section 200-52 of the Village Code, to authorize the issuance of permits for two A/C compressors in the side yard of the premises known as, 134 KILDARE ROAD (Map of Country Club Estates, Block 13, Lot 11, R-8 District), the installation of which would: A. reduce the (10.0’) plot setback for freestanding equipment to not less than (4.5’). Building Department # ZBA-000178-2023 Adjourned at the September 19, 2023, meeting. 2. APPEAL OF MR. & MRS. THOMAS DeSIMPLICIIS for a variance of the provisions of section 200-52 of the Village Code, to authorize the issuance of permits for two A/C compressors in the side yard of the premises known as, 123 CHESTER AVENUE (Map of Garden City Estates, Block 75, Lot 36, R-8 District), the installation of which would: A. reduce the (37.5’) front setback for freestanding equipment to not less than (32.9’). Building Department # ZBA-000178-2023. Adjourned at the September 19, 2023, meeting. 3. APPEAL OF GREGORY & CLAIRE STANEK for a variance of the provisions of Section 200-46.C of the Village Code, for the maintenance of a previously permitted 318 sq. ft. raised terrace with 31 sq. ft. masonry bar, at the rear of the existing dwelling known as 60 ST JAMES STREET SOUTH (Map of Garden City East, Block 113, Lots 8, R-8 district) the construction of which has: A. reduced the required (22.5’) aggregate side yard to not less than (20.0’). Building Department # ZBA-000193-2023, Laurel Group. 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, OCTOBER 17, 2023 4. APPEAL OF MARK & MARIA WALSH, for a variance from the provisions of Sections 200- 61 of the Village Code, so as to permit the conversion of a 35 sq. ft. portion of an existing one car attached garage to habitable space; at the dwelling known as 116 WYATT ROAD (Map of Country Life Development, Block P, Lots 276, R-6 district) the granting of which would: A. not provide one off-street parking space. Building Department # ZBA-000190-2023. 5. APPLICATION OF MICHAEL & IRENA MC CARTHY, in accordance with the provisions in Sections 200-45 and 200-70 of the Village Code, to allow issuance of permits for the installation and maintenance of, a 7’x 7’ hot tub, with locking cover, in the rear yard, of the premises known as 30 CLINTON ROAD (Map of Garden City East, Block 109, Lot 8, R-6 district). Building Department application # ZBA-000191-2023. 6. APPEAL OF NASSAU COUNTY BOARD OF COOPERATIVE EDUCATION for a variance from the provision of 200-45.4(6) of the Village code, to permit the installation of a 600 kW diesel backup generator, at the premises known as 71 CLINTON ROAD (Map of Descriptive Property, Block D, Lot 14, R-8 District), the granting of which would; A.) allow for a permanent back-up generator, with a fuel source other than liquid propane or natural gas. Building Department application # ZBA-000194, Fredrick W. Seeba, P.E. 7. APPEAL OF GEO AUTO COLLISION, for a variance of Sections 200-29A(3)a & b, and pursuant to the provisions of and 200-65, of the Village Code, for authorization of the issuance of a permit to allow an 4,290 sq. ft. portion of the existing building known as 3 COMMERCIAL AVENUE (Map of Descriptive Property, Lot D-17A CS district) to be used as an automobile repair facility. Building Department application # ZBA-000199-2023. 8. APPLICATION OF SEAN & MARYANN PRENDERGAST, 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 20’ x 38’ in-ground swimming pool with an 8’ x 8’ spa and automatic cover, enclosed by 6’ fence and gates, with a landscape plan, in the rear yard of the premises known as 173 OXFORD BOULEVARD (Map of Garden City Estates, Block 89, Lot 11, R-12 district), Building Department application # ZBA-000200-2023, Elizabeth Bibla L.A. 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, OCTOBER 17, 2023 9. APPLICATION &APPEAL OF IAN MACK & JOLENE MUSCAT in accordance with the provisions of Sections 200-45 and 200-70, and variance of the provision of Section 200.15 of the Village Code, to allow the issue of building permits for the installation of a 20' x 48' in-ground swimming pool and 504 sq. ft. cabana, 6’ Estate and chain link fence, with landscape plan, in the rear yard of the premises known as 56 OSBORNE ROAD (Map of Garden City East, Block 137, Lot 11, R-20 district), the granting of which would: A. exceed the allowable building area of (4,692) sq. ft. (20.0%), by (548) sq. ft. (5,240 sq. ft. or 22.33%). Building Department # ZBA-000202-2023, Landscape Associates Inc. 10. APPEAL OF MICHAEL & JENNIFER HORN for a variance of the provisions of Sections 200-15 and 200-46, of the Village Code, so as to permit the construction of an 87 sq. ft. first floor rear open porch with a 1,696 sq. ft. second floor addition above (demolish 841 sq. ft. second floor), at the existing dwelling known as 174 WELLINGTON ROAD (Map of Garden City Estates, Block 20, Lot 47 R-8 district) the construction of which would cause: A. the previously granted (April 17, 2017) building area of (1,761) sq. ft. or 25.15%, to be exceeded by (87.0) sq. ft. (1,848 sq. ft. or 26.40%) ~ B. a vertical extension of the existing (17.5’) aggregate of side yards, where (21.0’) is required ~ Building Department # ZBA-000207-2023, Paul Russo R.A. 11. APPEAL OF PUO-YUAN LU & FANYU KONG for a variance of provisions in Sections 200- 52 and 200-61 of the Village Code, so as to permit the maintenance of a 168 sq. ft. shed, a previously installed A/C compressor and not provide one off street parking space, at the existing dwelling known as 197 BROMPTON ROAD (Map Garden City Estates, Block 12, Lot 35, R-8 District) the construction of which would; A. reduce the (3.0’) accessory side yard setback to not less than (2.35’), with respect to the shed ~ B. reduce the (50.0’) accessory front setback to no less than (46.38’) to one a/c compressor ~ C. not provide one off street parking space in the rear ½ of the plot. In accordance with plans filed with the Building Department. 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, OCTOBER 17, 2023 12. APPLICATION OF SANTINA BRUNO & GEBE GEORGE for a variance of provisions in Sections 200-15 and 200-52 of the Village Code, to allow for the issue of building permits for the erection of a 1,840 sq. ft. second floor addition with a 21 sq. ft. balcony in the front of the existing dwelling known as, 29 ST PAULS CRESCENT (Map of Garden City Central, Block 92 Lot 82, R-12 district) the granting of which would: A. Reduce the required minimum side yard and aggregate setbacks of (20.0’) and (45.0’) to not less than (19.0’) and (44.3’) respectively. Building Department # ZBA-000209-2023, H. Bradford Gustavson, R.A. END OF CASES The Board may transact any other business that may properly come before the meeting. DATED: September 26, 2023, Kelly Galanek 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 Kelly Galanek, Village Clerk, as Disability Compliance Coordinator. Persons with a disability who wish to attend a meeting should contact Kelly Galanek 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 NOVEMBER 21, 2023 Page 4

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