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Zoning Board of Appeals

Regular Meeting

Garden City, NY · March 19, 2024

AgendaMinutes

Minutes

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 March 19, 2024 6:30 p.m. 9 10 P R E S E N T: 11 MICHAEL T. SCHRODER CHAIRMAN 12 A L S O P R E S E N T: 13 BRIAN PARADINE BOARD MEMBER 14 CHRISTINE RIO BOARD MEMBER 15 RICHARD WILLIAMS BOARD MEMBER 16 ALEX BACHOWSKI BOARD MEMBER (alt.) 17 *** 18 KULLEN & DYKMAN, LLP VILLAGE ATTORNEY 19 BY: GERARD FISHBERG, ESQ. 20 GIUSEPPE GIOVANNIELLO SUPT. BUILDINGS 21 ANDREW FRAME BUILDING DEPT. 22 **** 23 BARBARA DANIELS COURT REPORTER 24 25 TOP KEY COURT REPORTING, INC. (516) 414-3516 1 1 2 I N D E X 3 APPLICATION PAGE 4 5 1. Appeal of Mr. & Mrs. Lula 3-7 121 Clinch Avenue 6 2. Appeal of Mr. & Mrs. Joseph 8-10 7 And Rosemarie Fusco 162 Meadbrook Road 8 3. Appeal of Peter & Heather 11-14 9 McDonald 146 Poplar Street 10 4. Appeal of John & Rebecca 15-17 11 Ballaro 16 Elm Street 12 5. Appeal of Brian McDevitt 18-20 13 154 Lincoln Street 14 6. Application & Appeal of Matthew 21-24 Lohnes & Danielle Casagrande 15 32 Nassau Boulevard 16 7. Appeal of Kathleen M. Derkasch 25-27 28 Treemont Street 17 8. Appeal of Simon & Karen Braithwaite 28-31 18 146 Adams Street 19 9. Appeal of Robert Bommarito 32-35 167 Garden Street 20 10. Appeal of Brook-City 36-38 21 Development, LLC (Dean Samardich) 105 Manor Road 22 23 24 25 TOP KEY COURT REPORTING, INC. (516) 414-3516 2 1 2 1. APPEAL OF MR. & MRS. LULA for a 3 variance of provisions in Section 200-15, 4 200-31 and 200-46 of the Village Code, to 5 allow the issue of building permits to 6 erect, a 15 sq. Ft. First floor rear, a 7 375 sq. Ft. 2nd floor front and 592 sq. 8 Ft. Side additions, while maintaining a 9 336 sq. Ft. Raised patio at the rear and 10 a 68 sq. Ft. Monumental stair and 11 platform in the front; at the dwelling 12 known as 121 CLINCH AVENUE (Map of Nassau 13 Havens, Block C Lot 71, R-6 district) the 14 granting of which would: 15 A. Maintain the (15.8') rear yard 16 setback at the patio, where (25.0') is 17 required ~ 18 B. Maintain a reduced front 19 setback at the platform of (19.7'); while 20 extending vertically the existing 21 dwelling setback of (2.4.7'), where 22 (30.0') is required ~ 23 C. Cause a vertical extension of 24 existing minimum and aggregate side 25 yards, reducing the required setbacks of TOP KEY COURT REPORTING, INC. (516) 414-3516 3 1 2 (15.0') and (35.0'), to not less than 3 (4.10') and (25.37') respectively ~ 4 D. Maintain 2 driveway piers on a 5 plot with less than (100.0') frontage. 6 Building Department # 7 ZBA-000247-2023, Dennis Oliver, R.A. 8 *Adjourned at the February 21, 2024, 9 meeting,. 10 **Adjourned at the February 27, 2024, 11 ADRB meeting. 12 CHAIRMAN SCHRODER: First matter is 13 the Appeal of Mr. & Mrs. Lula at 14 121 Clinch Avenue. 15 Do we have a motion on that appeal? 16 MEMBER BACHOWSKI: Mr. Chairman, I 17 move that the appeal be granted because I 18 believe the benefits sought by the 19 Applicant is greater than the potential 20 detriment to the neighborhood. 21 The homeowner and their architect 22 came before us tonight for their property 23 over at 121 Clinch Avenue. They're doing 24 quite a big project over there. They are 25 adding a 15 square foot first floor rear TOP KEY COURT REPORTING, INC. (516) 414-3516 4 1 2 addition, a 375 square foot second floor 3 front addition, and 592 square feet side 4 additions, while maintaining a 336 square 5 foot raised patio at the rear, and a 68 6 square foot monumental stair and platform 7 at the front. 8 There are a couple of variances that 9 we reviewed. First was they're 10 maintaining a 15.8 rear yard setback at 11 the patio, where 25 feet is required. 12 This is acceptable. They're also 13 maintaining a reduced front setback at 14 the platform of 19.7 feet, while 15 extending vertically the existing 16 dwelling setback of 24.7 feet where 30 17 feet is required. This is acceptable. 18 They're also causing a vertical 19 extension of the existing minimum 20 aggregate side yards, reducing the 21 required setbacks of 15 feet and 35 feet 22 to not less than 4.10 feet, which is 23 existing, and 25.37 feet, which is 24 existing respectively. This is also 25 acceptable. TOP KEY COURT REPORTING, INC. (516) 414-3516 5 1 2 There was notice for maintaining two 3 driveway piers on a plot of less than 100 4 foot frontage. This is not required. 5 The homeowner has said that they are 6 demolishing and removing these two 7 driveway piers. So this variance was not 8 considered by the board. 9 The homeowner also, during their 10 testimony, stated that they will remove 11 all hardscape north of the rectangular 12 driveway that is going from the street to 13 the two-car garage. This includes the 14 hardscaping which is a concrete circular 15 driveway as well as a raised planter. 16 The homeowner has said that they will 17 remove all hardscape north of the 18 rectangular driveway to the two-car 19 garage and replace with greenery, such as 20 a lawn they mentioned, and low shrubbing. 21 This is a condition of the variance that 22 we'll be granting. 23 And with all that said, I urge the 24 board to join me in approving this 25 variance. TOP KEY COURT REPORTING, INC. (516) 414-3516 6 1 2 CHAIRMAN SCHRODER: Thank you, Alex. 3 Do we have a second on the motion? 4 MEMBER WILLIAMS: I second that 5 motion. 6 CHAIRMAN SCHRODER: All in favor of 7 the motion as presented, please signify 8 by saying, "aye." 9 (Whereupon, all Board 10 members joined the motion by 11 saying, "aye.") 12 CHAIRMAN SCHRODER: There being no 13 opposition, let the record reflect 14 unanimous approval by the board. 15 16 17 ******** 18 19 20 21 22 23 24 25 TOP KEY COURT REPORTING, INC. (516) 414-3516 7 1 2 2. APPEAL OF MR. & MRS. JOSEPH AND 3 ROSEMARIE FUSCO for a variance of the 4 provisions of section 200-52 of the 5 Village Code, to maintain the location of 6 (3) previously permitted A/C compressors 7 in the side yard of the premises known 8 as, 162 MEADBROOK ROAD (Map of Garden 9 City Gables, Block 14, Lot 30, R-8 10 District), the installation of which has: 11 A. Reduced the (10.0') plot line 12 setback for freestanding equipment, to 13 not less than(8.8'). 14 Building Department # 15 ZBA-000230-2023. 16 *Adjourned at the February 21. 2024, 17 meeting. 18 CHAIRMAN SCHRODER: Number 2 is the 19 Appeal of Mr. & Mrs. Joseph and Rosemarie 20 Fusco at 162 Meadbrook. 21 Do we have a motion on that appeal? 22 MEMBER PARADINE: You do, 23 Mr. Chairman. I move that the appeal be 24 granted because I believe the Applicant 25 has satisfied the burden for a use TOP KEY COURT REPORTING, INC. (516) 414-3516 8 1 2 variance. 3 Mr. Fusco appeared before us 4 tonight, living at 162 Meadbrook, for 5 relief on his two air conditioning -- 6 three air conditioning units on the north 7 side of his home. He wants relief of 8.8 8 where 10 is required. 9 Now, Mr. Fusco -- This board asked 10 Mr. Fusco to make sure that these units, 11 these compressors, are well concealed, 12 and he brought in a picture of a lattice 13 barrier in front of the units. I would 14 ask Mr. Fusco to make sure this is made 15 out of a wood composite or wood, not PVC 16 and with that condition, Mr. Fusco 17 obscures the units. 18 I ask the board to join us in 19 okaying this motion. 20 CHAIRMAN SCHRODER: Do we have a 21 second on the motion? 22 MEMBER RIO: Mr. Chairman, I second 23 the motion. 24 CHAIRMAN SCHRODER: Thank you. I 25 call the question on the motion as TOP KEY COURT REPORTING, INC. (516) 414-3516 9 1 2 stated. All in favor signify by saying, 3 "aye." 4 (Whereupon, all Board 5 members joined the motion by 6 saying, "aye.") 7 CHAIRMAN SCHRODER: There being no 8 opposition, let the record reflect 9 unanimous approval by the board. 10 11 ******** 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TOP KEY COURT REPORTING, INC. (516) 414-3516 10 1 2 3. APPEAL OF PETER & HEATHER 3 MCDONALD for a variance of provisions in 4 Section 200-15, 200-32 & 200-46 of the 5 Village Code, allowing for issuance of 6 permits, erecting a 35 sq. Ft. & 48 sq. 7 Ft. Front and 656 sq. Ft. Rear first 8 floor additions, with a 1,720 sq. Ft. 9 Second floor additions with 137 sq. Ft. 10 Front porch, and 45 sq. Ft. Outdoor 11 kitchen (demolish 198 sq. Ft, one 12 story and 196 sq. Ft. Pergola at the 13 rear, and 630 sq. Ft. Existing second 14 floor); at the dwelling known as 146 15 POPLAR STREET (Map of Garden City Lawns, 16 Block 15, Lot 10, R-6 district), the 17 granting of which would: 18 A. Exceed the allowable plot cover 19 of (1,875) sq. Ft. Or 25.0 %, by (245) 20 sq. Ft. (2,120 sq. Ft. Or 28.50 %), on a 21 7,500 sq. Ft. Lot ~ 22 B. Cause horizontal and vertical 23 extensions of existing side yards, 24 reducing both the required minimum and 25 aggregate of (8.0') and (18.0') side TOP KEY COURT REPORTING, INC. (516) 414-3516 11 1 2 yards, to not less than (5.3') and 3 (15.0') respectively ~ 4 C. Reduce the required front 5 setback of (30.0'), to not less than 6 (27.75'). 7 Building Department # 8 ZBA-000248-2023, Daniel Fabrizi, R.A. 9 *Scheduled to appear at the March 10 26, 2024, ADRB meeting. 11 CHAIRMAN SCHRODER: Number 3 is the 12 Appeal of Peter & Heather McDonald at 146 13 Poplar Street. 14 Do we have a motion on that appeal? 15 MEMBER WILLIAMS: Yes, Mr. Chairman. 16 I move that the appeal be granted because 17 I believe the benefits sought by the 18 Applicant is greater than the potential 19 detriment to the neighborhood. 20 This is an appeal for a variance 21 from Peter and Heather McDonald at 22 146 Poplar Street. Their home sits on a 23 65-by-125 foot plot. 24 The McDonalds propose the erection 25 of a 35 square foot and a 48 square foot TOP KEY COURT REPORTING, INC. (516) 414-3516 12 1 2 front porch portico, a 656 square foot 3 rear first floor addition, a 1720 foot 4 square foot second floor addition along 5 with 137 square foot front portico and a 6 45 square foot outdoor kitchen. Along 7 with that, they would demolish a 196 8 pergola, a 198 square foot first floor 9 and 630 foot existing second floor. 10 If granted it would exceed the 11 allowable plot coverage of 1875 square 12 feet or 25 percent by 245 square feet, 13 therefore, becoming 28.50 percentage. 14 That increase includes both enclosed and 15 unenclosed portions of the build. 16 I believe the -- removing the open 17 areas reduces that plot size to 25.8 18 percent. 19 CHAIRMAN SCHRODER: Not plot size. 20 The building size. 21 MEMBER WILLIAMS: It also causes the 22 horizontal and vertical side yards to go 23 from 8.0 and 18.0, respectively, to 5.3 24 and 15.0 feet, and would reduce the front 25 setback from 30.0 feet to 27.7 feet. TOP KEY COURT REPORTING, INC. (516) 414-3516 13 1 2 Therefore, Mr. Chairman, I move we 3 accept and approve this variance. 4 CHAIRMAN SCHRODER: Do we have a 5 second on the motion? 6 MEMBER RIO: Mr. Chairman, I second 7 the motion. 8 CHAIRMAN SCHRODER: I call the 9 question on the motion as stated. All 10 those in favor signify by saying, "aye." 11 (Whereupon, all Board 12 members joined the motion by 13 saying, "aye.") 14 CHAIRMAN SCHRODER: There being no 15 opposition, let the record reflect 16 unanimous approval by the board. 17 18 ******** 19 20 21 22 23 24 25 TOP KEY COURT REPORTING, INC. (516) 414-3516 14 1 2 CHAIRMAN SCHRODER: Number 4 is the 3 Appeal of John & Rebecca Gallaro at 4 16 Elm Street. 5 Do we have a motion on that appeal. 6 MEMBER RIO: Mr. Chairman, we do. I 7 move that the appeal be granted because I 8 believe the benefits sought by the 9 Applicant is greater than the potential 10 detriment to the neighborhood. 11 Mr. and Mrs. Gallaro at 16 Elm 12 Street are erecting 169 square foot one 13 story rear addition and relocating three 14 air conditioning compressors to the side. 15 The plot is 60-by-100. They're 16 requesting the following variances: 17 ~ They are exceeding the 25 percent 18 allowable building area by 173 square 19 feet to 27.9 percent; 20 ~ They are extending horizontally to 21 14.8 feet, the aggregate side yards, 22 where 18 feet is required; 23 ~ They're reducing the 10 foot 24 requirement for freestanding air 25 conditioning units to 6 feet. TOP KEY COURT REPORTING, INC. (516) 414-3516 15 1 2 I know that the existing front 3 portico is open space of 44 square feet. 4 The homeowners are expanding the 5 kitchen, adding a new powder room and 6 expanding the rear patio, which will 7 greatly enhance the property. 8 Concerning the air conditioning, the 9 owners have agreed that the units shall 10 be obscured from view to the adjacent 11 home and street with the planting and 12 maintenance of evergreens, shrubs or 13 hedges with a minimum height equal to the 14 A/C units. 15 I ask the board to join me in 16 approving. 17 CHAIRMAN SCHRODER: Do we have a 18 second on that appeal? 19 MEMBER PARADINE: I second it. 20 CHAIRMAN SCHRODER: I call the 21 question on the motion as presented. All 22 in agreement on the motion, please 23 signify by saying, "aye." 24 (Whereupon, all Board 25 members joined the motion by TOP KEY COURT REPORTING, INC. (516) 414-3516 16 1 2 saying, "aye.") 3 CHAIRMAN SCHRODER: There being no 4 opposition, let the record reflect 5 unanimous approval by the board. 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 17 1 2 5. APPEAL OF BRIAN MC DEVITT for a 3 variance from provisions of Section 4 200-15 of the Village Code, so as to 5 permit the erection of an 154 sq. Ft. 6 Second floor rear addition, at the 7 premises known as 154 LINCOLN STREET (Map 8 of Park Manor, Block --, Lots 82, R-8 9 district) the granting of which would: 10 A. Reduce the required (25') rear 11 yard setback to not less than (21.0'). 12 Building Department # 13 ZBA-000257-2024, Barbara M. Ruggiero, R.A. 14 *A rear-yard-setback variance 15 (deck), was granted at the November 1, 1988 16 hearing. 17 CHAIRMAN SCHRODER: Number 5 is the 18 Appeal of Brian McDevitt at 154 Lincoln 19 Street. 20 I will make the motion on that 21 matter. I move that the appeal be 22 granted because I believe the benefits 23 sought by the Applicant is greater than 24 the potential detriment to the 25 neighborhood. TOP KEY COURT REPORTING, INC. (516) 414-3516 18 1 2 This project is limited to the 3 extension of a second floor space to 4 create a bedroom and a master bath for 5 the owners of the property. 6 What's unusual is the extension of 7 the second floor does not follow the 8 footprint of the first. It exceeds it; 9 therefore, the second floor extension is 10 cantilevered over the first floor having 11 open space below it. 12 The variance has to do with the rear 13 setback; 25 feet are required. This 14 project will leave only 21. I think 15 that's ample rear yard. The full first 16 and second floor structure are not coming 17 back, so there's some open space. It's 18 not as imposing as it might be. 19 With those considerations I would 20 ask the board join me in approving this 21 appeal. Is there a second on the motion? 22 MEMBER BACHOWSKI: Yes, 23 Mr. Chairman, I second the motion. 24 CHAIRMAN SCHRODER: I call the 25 question. All in favor of the motion as TOP KEY COURT REPORTING, INC. (516) 414-3516 19 1 2 presented, please signify by saying, 3 "aye." 4 (Whereupon, all Board 5 members joined the motion by 6 saying, "aye.") 7 CHAIRMAN SCHRODER: There being no 8 opposition, let the record reflect 9 unanimous approval by the board. 10 11 ******** 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. APPLICATION & APPEAL OF MATTHEW 3 LOHNES & DANIELLE CASAGRANDE, as per the 4 provisions of Sections 200-45 and 200-70, 5 and a variance from section 200-15 of the 6 Village Code, to issue building permits, 7 for the construction and maintenance of 8 an 15' x 29' inground swimming pool and 9 8'x 8' spa; while erecting a 298 sq. Ft. 10 Roof over porch and 35 sq. Ft. Outdoor 11 kitchen, in the rear yard of the premises 12 known as 32 NASSAU BOULEVARD (Map of 13 Garden City Estates, Block 72, Lot 63, 14 R-12 district), the granting of which 15 would: 16 A. Cause the allowable building area 17 of (3,600 sq. Ft. Or 20.0%), to be 18 exceeded by (1,334) sq. Ft. (4,934 sq. 19 Ft. Or 27.4%) ~ 20 Building Department # 21 ZBA-000258-2024, The Platinum Group. 22 CHAIRMAN SCHRODER: Number 6 is the 23 Application & Appeal of Matthew Lohnes & 24 Danielle Casagrande at 32 Nassau 25 Boulevard. TOP KEY COURT REPORTING, INC. (516) 414-3516 21 1 2 Do we have a motion on this appeal? 3 MEMBER PARADINE: Yes. You have two 4 motions, Mr. Chairman. 5 I move to grant the application, 6 number one. The application is for a 7 swimming pool, a 29-by-15 foot swimming 8 pool at 32 Nassau Boulevard on the west 9 side of the block. 10 The presentation was done by 11 Ms. Casagrande and their architect, pool 12 architect, Mr. Lambert. They pledge the 13 automatic covering, shrubs -- the house 14 is already shrubbed -- and no diving 15 board and no lights. 16 Now, as far as the fence goes, we 17 would like to approve their plan for an 18 estate style fence that runs from 19 backyard perpendicular to the home -- 20 it's an estate style fence, not a wooden 21 one, which was proposed. It has to be an 22 estate, see-through. 23 The pool equipment is in the garage, 24 which was noted, but that doesn't need a 25 variance, and as far as the application TOP KEY COURT REPORTING, INC. (516) 414-3516 22 1 2 for the pool, I ask that the board to 3 join me with that. 4 As far as the appeal, I move that 5 the appeal be granted, Mr. Chairman, 6 because I believe the Applicant has 7 satisfied the burden for a use variance. 8 Now the Casagrandes' appeal is to 9 extend their square footage to 10 27.4 percent in this 120-by-150 foot lot. 11 In R12 it requires 20 percent. Now most 12 all of this extra square footage comes 13 with the 298 square foot over the porch, 14 the 35 square foot outdoor kitchen and 15 the open 64 square foot spa, and plus the 16 swimming pool, which is 15-by-29. 17 So with that all open space and 18 swimming pool, I ask the board to join me 19 in granting the Casagrandes their appeal 20 and application. 21 CHAIRMAN SCHRODER: Do we have a 22 second on the application and the appeal? 23 MEMBER BACHOWSKI: Yes, Mr. Chairman. 24 I second it. 25 CHAIRMAN SCHRODER: I call the TOP KEY COURT REPORTING, INC. (516) 414-3516 23 1 2 question. All in favor of the motion as 3 presented, please signify by saying, 4 "aye." 5 (Whereupon, all Board 6 members joined the motion by 7 saying, "aye.") 8 CHAIRMAN SCHRODER: There being no 9 opposition, let the record reflect 10 unanimous approval by the board. 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 KATHLEEN M. DERKASCH 3 for a variance of the provisions of 4 section 200-52 of the Village Code, to 5 permit the installation of an A/C 6 compressor, in the side yard of the 7 premises known as, 28 TREMONT STREET (Map 8 of Garden City Lawns, Block 2, Lot 48, 9 R-6 District), the granting of which 10 would: 11 A. Reduce the (10.0') plot line 12 setback for freestanding equipment, to 13 not less than (7.0'). 14 Building Department # 15 ZBA-000259-2023. 16 CHAIRMAN SCHRODER: Number 7 is the 17 Appeal of Kathleen M. Derkasch at 28 18 Tremont Street. 19 Do we have a motion on that appeal? 20 MEMBER RIO: Yes, we do, 21 Mr. Chairman. 22 I move that the appeal be granted 23 because I believe the benefits sought by 24 the Applicant is greater than the 25 potential detriment to the neighborhood. TOP KEY COURT REPORTING, INC. (516) 414-3516 25 1 2 The Derkaschs of 28 Tremont Street 3 came before us because they are 4 installing central air in the house for 5 the first time, and they need a variance 6 for the air conditioning compressor in 7 the rear yard, which would reduce the 8 required 10 foot setback for freestanding 9 equipment to 7 feet. 10 The location is already shrubbed, 11 but the owners have agreed that the unit 12 shall be obscured from view to the 13 adjacent home and street with a planting 14 and maintenance of additional evergreen 15 shrubs or hedges with a minimal height 16 equal to the air conditioning units. 17 The owners believe that the 18 installation of central air conditioning 19 will greatly enhance their enjoyment of 20 the house, and I ask the board to join me 21 in approving. 22 CHAIRMAN SCHRODER: I will second 23 that appeal. 24 I call the question. All in favor 25 of the motion as presented, please TOP KEY COURT REPORTING, INC. (516) 414-3516 26 1 2 signify by saying, "aye." 3 (Whereupon, all Board 4 members joined the motion by 5 saying, "aye.") 6 CHAIRMAN SCHRODER: There being no 7 opposition, let the record reflect 8 unanimous approval by the board. 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 27 1 2 8. APPEAL OF SIMON & KAREN 3 BRAITHWAITE for a variance of provisions 4 in Section 200-46 of the Village Code, to 5 allow issue of building permits to erect 6 a 458 sq. Ft. First floor side, and 128 7 sq. Ft. Two story rear additions, with a 8 64 sq. Ft. Front portico (demolish 66 sq. 9 Ft side and 68 sq. Ft rear one story 10 additions, and 75 sq. Ft front open porch 11 and portico); at the dwelling known as 12 146 ADAMS STREET (Map of Stewart Manor, 13 Block 16 Lot 35, R-6 district) the 14 granting of which would: 15 A. Reduce the required (21.0') 16 aggregate side yard setback to not less 17 than (18.0'). 18 Building Department # 19 ZBA-000264-2023, H. Bradford Gustavson, R.A. 20 *Scheduled to appear at the March 21 26, 2024, ADRB meeting. 22 CHAIRMAN SCHRODER: Number 8 is the 23 Appeal of Simon & Karen Braithwaite at 24 146 Adams Street. 25 Do we have a motion on that appeal? TOP KEY COURT REPORTING, INC. (516) 414-3516 28 1 2 MEMBER BACHOWSKI: Yes, Mr. Chairman. 3 I move that the appeal be granted because 4 I believe the benefits sought by the 5 Applicant is greater than the potential 6 detriment to the neighborhood. 7 The homeowner and their architect 8 came before us tonight for the property 9 at 146 Adams Street. They're doing a 10 project here to add a 458 square foot 11 first floor side addition and a 128 12 square foot two-story rear addition and a 13 64 square foot portico. There's also 14 going to be some demolition work being 15 done for the existing structure and 16 portico as part of this project. 17 The variance that came before us 18 tonight was the reduction of the required 19 21 foot aggregate side yard setback. 20 It's not less than 18 foot. So this is a 21 3 foot relief. This is quite minimal. 22 The homeowner testified that the 23 project is required because they need 24 additional space for their family which 25 comes to visit quite often from the TOP KEY COURT REPORTING, INC. (516) 414-3516 29 1 2 United Kingdom. Currently, one of their 3 children has to vacate their bedroom to 4 make room for the visitors and this is 5 obviously undesirable. They're also 6 adding a mudroom, and storage, and a home 7 office for their husband. 8 We had questioned them why they 9 could not reduce the size of the addition 10 to not require a variance. They 11 testified that if they reduced the 12 addition 3 feet, the home office for the 13 husband would not be of a usable size. 14 We felt that this was a reasonable 15 request; therefore, I urge the board to 16 join me in approving this variance. 17 CHAIRMAN SCHRODER: Do we have a 18 second -- 19 MEMBER PARADINE: I second the 20 motion, Mr. Chairman. 21 CHAIRMAN SCHRODER: I call the 22 question. All in favor of the motion as 23 presented, please signify by saying, 24 "aye." 25 (Whereupon, all Board TOP KEY COURT REPORTING, INC. (516) 414-3516 30 1 2 members joined the motion by 3 saying, "aye.") 4 CHAIRMAN SCHRODER: There being no 5 opposition, let the record reflect 6 unanimous approval by the board. 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 31 1 2 9. APPEAL OF ROBERT BOMMARITO. For 3 a variance of sections 200-7, 200-16 4 A.10.c(2), 200-31, and 200-46.C, of the 5 Village code, and to allow for the issue 6 of a building permit to erect; a 2,680 7 sq. Ft. 2 1/2 story replacement dwelling 8 with 115 sq. Ft. Front open porch, 836 9 sq. Ft. basement and 200 sq. Ft. one car 10 attached garage (demolish existing 2,238 11 sq. Ft. 2 story dwelling and 200 sq. Ft. 12 attached garage, exclusive of 13 foundation); at the premises known as 167 14 GARDEN STREET (Map of Garden City Lawns, 15 Block 15, Lot 61, R-6 District), the 16 granting of which would: 17 A. Reduce the (30.0') required 18 front yard setback, to not less than 19 (28.65') ~ 20 B. Reduce the required minimum 21 side yard of (8.0') to no less than 22 (6.0') ~ 23 C. Reduce the (18.0') aggregate of 24 side yards, to not less than (15.1') ~ 25 D. Not provide one off-street TOP KEY COURT REPORTING, INC. (516) 414-3516 32 1 2 parking space. 3 Building Department # 4 ZBA-000275-2024, John J. Viscardi, R.A. 5 *Scheduled to appear at the March 6 26, 2024, ADRB meeting. 7 CHAIRMAN SCHRODER: Number 9 is the 8 Appeal of Robert Bommarito at 167 Garden 9 Street. 10 Do we have a motion on that appeal? 11 MEMBER WILLIAMS: Yes, Mr. Chairman. 12 I move that the appeal be granted 13 because I believe the benefits sought by 14 the Applicant is greater than the 15 potential detriment to the neighborhood. 16 This is the appeal of Robert 17 Bommarito for the property at 167 Garden 18 Street. He seeks a variance to construct 19 a replacement dwelling of 2680 square 20 foot, two-and-a-half story replacement 21 dwelling. In addition, a 115 square foot 22 open front porch, an 836 square foot 23 basement and a 200 square foot one-car 24 garage. Along with that he proposes to 25 demolish 2238 square feet of current TOP KEY COURT REPORTING, INC. (516) 414-3516 33 1 2 house and 200 square feet of the existing 3 garage. 4 If this appeal is granted it would 5 reduce the front yard to 28.65 from a 6 required 30.0 feet. It would further 7 reduce the minimum side yards from 6.0 8 from the required 8.0. It would reduce 9 the aggregate side yard to 15.1 and, 10 therefore, Mr. Chairman, I believe we 11 should approve this appeal. 12 VILLAGE ATTORNEY: Parking space? 13 MEMBER WILLIAMS: So continuing, 14 while the code requires two parking 15 spaces for this replacement building, 16 this replacement dwelling, I recommend 17 that the board approve the one parking 18 space along with the garage. 19 CHAIRMAN SCHRODER: Do we have a 20 second on that motion? 21 MEMBER PARADINE: I second. 22 CHAIRMAN SCHRODER: I call the 23 question. All in favor of the motion as 24 presented, please signify by saying, 25 "aye." TOP KEY COURT REPORTING, INC. (516) 414-3516 34 1 2 (Whereupon, all Board 3 members joined the motion by 4 saying, "aye.") 5 CHAIRMAN SCHRODER: There being no 6 opposition, let the record reflect 7 unanimous approval by the board. 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 35 1 2 10. APPEAL OF BROOK-CITY 3 DEVELOPMENT LLC.( DEAN SAMARDICH), for a 4 variance of provisions contained in 5 Section 200-46.B & C of the Village Code, 6 to allow the issue of a building permit 7 erecting a 1,250 sq. Ft. Second floor 8 addition (demolish 725 sq. Ft. ½ story), 9 at the dwelling known as 105 MANOR ROAD 10 (Map of Shaw Gardens, Block J, Lots 28, 11 R-8 district) the granting of which would 12 cause: 13 A. A horizontal and vertical 14 extension of the existing (5.02') side 15 yard, where (8.0') minimum is required. 16 B. The encroachment by a roof 17 overhang of (1.0') into a (5.0') side 18 yard. 19 Building Department # 20 ZBA-000242-2023, Thomas T. Bucciarelli, P.E. 21 CHAIRMAN SCHRODER: Number 10 is the 22 Appeal of Brook-City Development, LLC 23 (Dean Samardich) at 105 Manor Road. 24 Do we have a motion on that appeal? 25 MEMBER RIO: Yes, we do, TOP KEY COURT REPORTING, INC. (516) 414-3516 36 1 2 Mr. Chairman. 3 I move that the appeal be granted 4 because I believe the benefits sought by 5 the Applicant is greater than the 6 potential detriment to the neighborhood. 7 Mr. Samardich owns the property at 8 105 Manor Road. He is a contractor 9 renovating the property for sale. 10 He is erecting a 1,250 square foot 11 second floor addition while demolishing a 12 725 square foot one-half story, existing 13 one-half story addition. The variance 14 he's seeking is a horizontal and vertical 15 extension of the existing 5.02 side yard 16 where 8 feet is required. 17 I know that the property is already 18 non-compliant, and roof encroachment by 1 19 foot into a 5 foot side yard. Mr. Samardich 20 is renovating and enlarging the kitchen 21 creating a mudroom and adding a second 22 floor for resale. 23 I urge the board to join me in 24 approving. 25 CHAIRMAN SCHRODER: Is there a TOP KEY COURT REPORTING, INC. (516) 414-3516 37 1 2 second on that motion? 3 MEMBER WILLIAMS: I second it. 4 CHAIRMAN SCHRODER: I call the 5 question on the motion as presented. All 6 in favor of the motion as presented, 7 please signify by saying, "aye." 8 (Whereupon, all Board 9 members joined the motion by 10 saying, "aye.") 11 CHAIRMAN SCHRODER: There being no 12 opposition, let the record reflect 13 unanimous approval by the board. 14 15 ******** 16 17 18 19 20 21 22 23 24 25 TOP KEY COURT REPORTING, INC. (516) 414-3516 38 1 2 CHAIRMAN SCHRODER: That's the last 3 matter tonight. Thank you and good 4 night. 5 (Whereupon, at 8:56 P.M., 6 the above matter concluded.) 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 39 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 19th day of March 2024. 18 19 20 21 ___________________________ BARBARA DANIELS 22 23 24 25 TOP KEY COURT REPORTING, INC. 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(516) 414-3516 1 additional [2] - 26:14, 33:5 40:7, 40:21 7 29:24 appeared [1] - 9:3 barrier [1] - 9:13 7 [4] - 2:16, 25:2, 25:16, 26:9 additions [6] - 3:8, 5:4, Applicant [10] - 4:19, basement [2] - 32:9, 7,500 [1] - 11:21 11:8, 11:9, 28:7, 28:10 8:24, 12:18, 15:9, 18:23, 33:23 adjacent [2] - 16:10, 23:6, 25:24, 29:5, 33:14, bath [1] - 19:4 7.0') [1] - 25:13 37:5 26:13 becoming [1] - 13:13 71 [1] - 3:13 application [5] - 22:5, Adjourned [3] - 4:8, bedroom [2] - 19:4, 72 [1] - 21:13 4:10, 8:16 22:6, 22:25, 23:20, 23:22 Application [2] - 2:14, 30:3 725 [2] - 36:8, 37:12 ADRB [4] - 4:11, 12:10, 21:23 below [1] - 19:11 75 [1] - 28:10 28:21, 33:6 aggregate [8] - 3:24, APPLICATION [2] - benefits [8] - 4:18, 2:3, 21:2 12:17, 15:8, 18:22, 25:23, 8 5:20, 11:25, 15:21, 28:16, approval [10] - 7:14, 29:4, 33:13, 37:4 29:19, 32:23, 34:9 8 [5] - 2:17, 21:9, 28:2, agreed [2] - 16:9, 26:11 10:9, 14:16, 17:5, 20:9, big [1] - 4:24 24:10, 27:8, 31:6, 35:7, 28:22, 37:16 agreement [1] - 16:22 38:13 Block [9] - 3:13, 8:9, 8'x [1] - 21:9 approve [4] - 14:3, 11:16, 18:8, 21:13, 25:8, air [9] - 9:5, 9:6, 15:14, 28:13, 32:15, 36:10 8-10 [1] - 2:6 15:24, 16:8, 26:4, 26:6, 22:17, 34:11, 34:17 block [1] - 22:9 8.0 [5] - 11:25, 13:23, 26:16, 26:18 approving [6] - 6:24, ALEX [1] - 1:16 16:16, 19:20, 26:21, 30:16, blood [1] - 40:13 32:21, 34:8, 36:15 8.8 [1] - 9:7 Alex [1] - 7:2 37:24 board [23] - 6:8, 6:24, 82 [1] - 18:8 architect [4] - 4:21, 7:14, 9:9, 9:18, 10:9, allow [4] - 3:5, 28:5, 32:5, 22:11, 22:12, 29:7 14:16, 16:15, 17:5, 19:20, 836 [2] - 32:8, 33:22 36:6 20:9, 22:15, 23:2, 23:18, area [2] - 15:18, 21:16 24:10, 26:20, 27:8, 30:15, 8:56 [1] - 39:5 allowable [4] - 11:18, areas [1] - 13:17 31:6, 34:17, 35:7, 37:23, 13:11, 15:18, 21:16 38:13 9 allowing [1] - 11:5 attached [2] - 32:10, BOARD [5] - 1:3, 1:13, 32:12 alt [1] - 1:16 1:14, 1:15, 1:16 9 [3] - 2:19, 32:2, 33:7 ATTORNEY [2] - 1:18, Board [10] - 7:9, 10:4, ample [1] - 19:15 34:12 14:11, 16:24, 20:4, 24:5, A AND [1] - 8:2 automatic [1] - 22:13 27:3, 30:25, 35:2, 38:8 ANDREW [1] - 1:21 AVENUE [1] - 3:12 Bommarito [3] - 2:19, A.10.c(2 [1] - 32:4 APPEAL [9] - 3:2, 8:2, 33:8, 33:17 Avenue [4] - 1:6, 2:5, A/C [3] - 8:6, 16:14, 25:5 11:2, 18:2, 21:2, 25:2, 4:14, 4:23 BOMMARITO [1] - 28:2, 32:2, 36:2 accept [1] - 14:3 aye [20] - 7:8, 7:11, 10:3, 32:2 Appeal [20] - 2:5, 2:6, BOULEVARD [1] - acceptable [3] - 5:12, 2:8, 2:10, 2:12, 2:14, 2:16, 10:6, 14:10, 14:13, 16:23, 5:17, 5:25 17:2, 20:3, 20:6, 24:4, 21:12 2:17, 2:19, 2:20, 4:13, 24:7, 27:2, 27:5, 30:24, Boulevard [3] - 2:15, action [1] - 40:13 8:19, 12:12, 15:3, 18:18, 31:3, 34:25, 35:4, 38:7, 21:23, 25:17, 28:23, 33:8, 21:25, 22:8 Adams [3] - 2:18, 28:24, 36:22 38:10 29:9 Bradford [1] - 28:19 appeal [30] - 4:15, 4:17, B Braithwaite [2] - 2:17, ADAMS [1] - 28:12 8:21, 8:23, 12:14, 12:16, 28:23 add [1] - 29:10 12:20, 15:5, 15:7, 16:18, BACHOWSKI [5] - 18:21, 19:21, 22:2, 23:4, BRAITHWAITE [1] - adding [4] - 4:25, 16:5, 23:5, 23:8, 23:19, 23:22, 1:16, 4:16, 19:22, 23:23, 28:3 30:6, 37:21 29:2 25:19, 25:22, 26:23, 28:25, Brian [2] - 2:12, 18:18 addition [14] - 5:2, 5:3, 29:3, 33:10, 33:12, 33:16, backyard [1] - 22:19 13:3, 13:4, 15:13, 18:6, 34:4, 34:11, 36:24, 37:3 Ballaro [1] - 2:11 BRIAN [2] - 1:13, 18:2 29:11, 29:12, 30:9, 30:12, APPEALS [1] - 1:3 BROOK [1] - 36:2 33:21, 36:8, 37:11, 37:13 Barbara [1] - 18:13 appear [3] - 12:9, 28:20, Brook [2] - 2:20, 36:22 BARBARA [3] - 1:23, TOP KEY COURT REPORTING, INC. (516) 414-3516 2 BROOK-CITY [1] - 26:22, 27:6, 28:22, 30:17, correct [1] - 40:10 District [3] - 8:10, 25:9, 30:21, 31:4, 33:7, 34:19, 36:2 COUNTY [1] - 40:5 32:15 34:22, 35:5, 36:21, 37:25, Brook-City [2] - 2:20, 38:4, 38:11, 39:2 couple [1] - 5:8 district [6] - 3:13, 11:16, 36:22 chairman [6] - 14:2, 18:9, 21:14, 28:13, 36:11 brought [1] - 9:12 14:6, 25:21, 30:20, 34:10, COURT [1] - 1:23 diving [1] - 22:14 Bucciarelli [1] - 36:20 37:2 cover [1] - 11:18 done [2] - 22:10, 29:15 children [1] - 30:3 coverage [1] - 13:11 build [1] - 13:15 driveway [6] - 4:4, 6:3, CHRISTINE [1] - 1:14 covering [1] - 22:13 6:7, 6:12, 6:15, 6:18 BUILDING [1] - 1:21 circular [1] - 6:14 create [1] - 19:4 during [1] - 6:9 Building [9] - 4:6, 8:14, 12:7, 18:12, 21:20, 25:14, CITY [2] - 1:2, 36:2 creating [1] - 37:21 dwelling [11] - 3:11, 28:18, 33:3, 36:19 City [8] - 1:7, 2:20, 8:9, 3:21, 5:16, 11:14, 28:11, current [1] - 33:25 32:7, 32:11, 33:19, 33:21, building [9] - 3:5, 13:20, 11:15, 21:13, 25:8, 32:14, 34:16, 36:9 15:18, 21:6, 21:16, 28:5, 36:22 32:6, 34:15, 36:6 D DYKMAN [1] - 1:18 Clinch [3] - 2:5, 4:14, BUILDINGS [1] - 1:20 4:23 Daniel [1] - 12:8 burden [2] - 8:25, 23:7 CLINCH [1] - 3:12 E Danielle [2] - 2:14, 21:24 BY [1] - 1:19 code [2] - 32:5, 34:14 DANIELLE [1] - 21:3 Elm [3] - 2:11, 15:4, 15:11 Code [8] - 3:4, 8:5, 11:5, DANIELS [3] - 1:23, enclosed [1] - 13:14 C 18:4, 21:6, 25:4, 28:4, 36:5 40:7, 40:21 encroachment [2] - coming [1] - 19:16 DEAN [1] - 36:3 36:16, 37:18 cantilevered [1] - 19:10 compliant [1] - 37:18 Dean [2] - 2:21, 36:23 enhance [2] - 16:7, car [4] - 6:13, 6:18, 32:9, composite [1] - 9:15 deck [1] - 18:15 26:19 33:23 compressor [2] - 25:6, enjoyment [1] - 26:19 demolish [6] - 11:11, Casagrande [2] - 2:14, 26:6 13:7, 28:8, 32:10, 33:25, enlarging [1] - 37:20 21:24 compressors [3] - 36:8 equal [2] - 16:13, 26:16 CASAGRANDE [1] - 8:6, 9:11, 15:14 demolishing [2] - 6:6, equipment [4] - 8:12, 21:3 concealed [1] - 9:11 37:11 22:23, 25:12, 26:9 casagrande [1] - 22:11 concerning [1] - 16:8 demolition [1] - 29:14 erect [3] - 3:6, 28:5, 32:6 Casagrandes [1] - concluded [1] - 39:6 Dennis [1] - 4:7 erecting [5] - 11:6, 23:19 concrete [1] - 6:14 Department [9] - 4:6, 15:12, 21:9, 36:7, 37:10 Casagrandes' [1] - 8:14, 12:7, 18:12, 21:20, erection [2] - 12:24, 18:5 23:8 condition [2] - 6:21, 25:14, 28:18, 33:3, 36:19 causes [1] - 13:21 9:16 ESQ [1] - 1:19 DEPT [1] - 1:21 conditioning [8] - 9:5, estate [3] - 22:18, 22:20, causing [1] - 5:18 Derkasch [2] - 2:16, 9:6, 15:14, 15:25, 16:8, 22:22 central [2] - 26:4, 26:18 26:6, 26:16, 26:18 25:17 Estates [1] - 21:13 certify [2] - 40:9, 40:12 considerations [1] - DERKASCH [1] - 25:2 evergreen [1] - 26:14 Chairman [11] - 4:16, 19:19 Derkaschs [1] - 26:2 considered [1] - 6:8 evergreens [1] - 16:12 8:23, 9:22, 12:15, 15:6, detriment [8] - 4:20, 19:23, 22:4, 23:5, 23:23, construct [1] - 33:18 12:19, 15:10, 18:24, 25:25, exceed [2] - 11:18, 13:10 29:2, 33:11 29:6, 33:15, 37:6 construction [1] - exceeded [1] - 21:18 CHAIRMAN [41] - 1:11, Development [2] - 4:12, 7:2, 7:6, 7:12, 8:18, 21:7 exceeding [1] - 15:17 2:21, 36:22 9:20, 9:24, 10:7, 12:11, contained [1] - 36:4 exceeds [1] - 19:8 13:19, 14:4, 14:8, 14:14, DEVELOPMENT [1] continuing [1] - 34:13 - 36:3 exclusive [1] - 32:12 15:2, 16:17, 16:20, 17:3, 18:17, 19:24, 20:7, 21:22, contractor [1] - 37:8 DEVITT [1] - 18:2 existing [16] - 3:20, 3:24, 23:21, 23:25, 24:8, 25:16, TOP KEY COURT REPORTING, INC. (516) 414-3516 3 5:15, 5:19, 5:23, 5:24, 13:6, 13:8, 13:9, 15:12, - 1:20 13:22, 36:13, 37:14 11:13, 11:23, 13:9, 16:2, 15:23, 22:7, 23:10, 23:13, GIUSEPPE [1] - 1:20 horizontally [1] - 29:15, 32:10, 34:2, 36:14, 23:14, 23:15, 26:8, 29:10, grant [1] - 22:5 15:20 37:12, 37:15 29:12, 29:13, 29:19, 29:20, expanding [2] - 16:4, 29:21, 33:20, 33:21, 33:22, granted [13] - 4:17, 8:24, house [4] - 22:13, 26:4, 33:23, 37:10, 37:12, 37:19 26:20, 34:2 16:6 12:16, 13:10, 15:7, 18:15, extend [1] - 23:9 footage [2] - 23:9, 23:12 18:22, 23:5, 25:22, 29:3, husband [2] - 30:7, footprint [1] - 19:8 33:12, 34:4, 37:3 30:13 extending [3] - 3:20, granting [10] - 3:14, 5:15, 15:20 foundation [1] - 32:13 I 6:22, 11:17, 18:9, 21:14, extension [7] - 3:23, FRAME [1] - 1:21 23:19, 25:9, 28:14, 32:16, 5:19, 19:3, 19:6, 19:9, freestanding [4] - 36:11 imposing [1] - 19:18 36:14, 37:15 greater [8] - 4:19, 12:18, 8:12, 15:24, 25:12, 26:8 IN [1] - 40:16 extensions [1] - 11:23 front [20] - 3:7, 3:11, 3:18, 15:9, 18:23, 25:24, 29:5, 33:14, 37:5 includes [2] - 6:13, extra [1] - 23:12 5:3, 5:7, 5:13, 9:13, 11:7, 13:14 11:10, 12:4, 13:2, 13:5, greatly [2] - 16:7, 26:19 INCORPORATED F 13:24, 16:2, 28:8, 28:10, 32:8, 32:18, 33:22, 34:5 greenery [1] - 6:19 [1] - 1:2 frontage [2] - 4:5, 6:4 Group [1] - 21:21 increase [1] - 13:14 Fabrizi [1] - 12:8 ft [38] - 3:6, 3:7, 3:8, 3:9, Gustavson [1] - 28:19 inground [1] - 21:8 family [1] - 29:24 far [3] - 22:16, 22:25, 23:4 3:10, 11:6, 11:7, 11:8, installation [3] - 8:10, 11:9, 11:10, 11:11, 11:12, H 25:5, 26:18 favor [9] - 7:6, 10:2, 11:13, 11:19, 11:20, 11:21, installing [1] - 26:4 14:10, 19:25, 24:2, 26:24, 18:5, 21:9, 21:10, 21:17, half [3] - 33:20, 37:12, 30:22, 34:23, 38:6 21:18, 21:19, 28:6, 28:7, 37:13 interested [1] - 40:15 28:8, 28:9, 28:10, 32:7, February [3] - 4:8, 4:10, 32:8, 32:9, 32:11, 36:7, Hall [1] - 1:6 issuance [1] - 11:5 8:16 hand [1] - 40:17 36:8 issue [5] - 3:5, 21:6, 28:5, feet [26] - 5:3, 5:11, 5:14, full [1] - 19:15 hardscape [2] - 6:11, 32:5, 36:6 5:16, 5:17, 5:21, 5:22, 5:23, 13:12, 13:24, 13:25, fusco [3] - 9:9, 9:14, 9:16 6:17 hardscaping [1] - 6:14 J 15:19, 15:21, 15:22, 15:25, Fusco [4] - 2:7, 8:20, 9:3, 16:3, 19:13, 26:9, 30:12, 33:25, 34:2, 34:6, 37:16 9:10 Havens [1] - 3:13 John [3] - 2:10, 15:3, 33:4 FUSCO [1] - 8:3 hearing [1] - 18:16 join [9] - 6:24, 9:18, 16:15, felt [1] - 30:14 fence [3] - 22:16, 22:18, HEARING [1] - 1:4 19:20, 23:3, 23:18, 26:20, G 30:16, 37:23 22:20 Heather [3] - 2:8, 12:12, joined [10] - 7:10, 10:5, first [13] - 3:6, 4:12, 4:25, Gables [1] - 8:9 12:21 14:12, 16:25, 20:5, 24:6, 5:9, 11:7, 13:3, 13:8, 19:8, Gallaro [1] - 15:3 HEATHER [1] - 11:2 27:4, 31:2, 35:3, 38:9 19:10, 19:15, 26:5, 28:6, 29:11 gallaro [1] - 15:11 hedges [2] - 16:13, 26:15 Joseph [2] - 2:6, 8:19 FISHBERG [1] - 1:19 garage [8] - 6:13, 6:19, height [2] - 16:13, 26:15 JOSEPH [1] - 8:2 floor [22] - 3:6, 3:7, 4:25, 22:23, 32:10, 32:12, 33:24, hereby [1] - 40:8 5:2, 11:8, 11:9, 11:14, 34:3, 34:18 hereunto [1] - 40:16 K 13:3, 13:4, 13:8, 13:9, GARDEN [2] - 1:2, 18:6, 19:3, 19:7, 19:9, 32:14 home [7] - 9:7, 12:22, KAREN [1] - 28:2 16:11, 22:19, 26:13, 30:6, 19:10, 19:16, 28:6, 29:11, Garden [9] - 1:7, 2:19, 30:12 Karen [2] - 2:17, 28:23 36:7, 37:11, 37:22 8:8, 11:15, 21:13, 25:8, homeowner [6] - 4:21, KATHLEEN [1] - 25:2 follow [1] - 19:7 32:14, 33:8, 33:17 6:5, 6:9, 6:16, 29:7, 29:22 Kathleen [2] - 2:16, following [1] - 15:16 Gardens [1] - 36:10 homeowners [1] - 25:17 foot [37] - 4:25, 5:2, 5:5, GERARD [1] - 1:19 16:4 Kingdom [1] - 30:2 5:6, 6:4, 12:23, 12:25, GIOVANNIELLO [1] 13:2, 13:3, 13:4, 13:5, horizontal [4] - 11:22, kitchen [6] - 11:11, 13:6, TOP KEY COURT REPORTING, INC. (516) 414-3516 4 16:5, 21:11, 23:14, 37:20 Map [9] - 3:12, 8:8, 11:15, motion [44] - 4:15, 7:3, 28:22, 33:7, 36:21 known [9] - 3:12, 8:7, 18:7, 21:12, 25:7, 28:12, 7:5, 7:7, 7:10, 8:21, 9:19, 11:14, 18:7, 21:12, 25:7, 32:14, 36:10 9:21, 9:23, 9:25, 10:5, O 28:11, 32:13, 36:9 March [5] - 1:8, 12:9, 12:14, 14:5, 14:7, 14:9, KULLEN [1] - 1:18 14:12, 15:5, 16:21, 16:22, obscured [2] - 16:10, 28:20, 33:5, 40:17 16:25, 18:20, 19:21, 19:23, 26:12 marriage [1] - 40:14 19:25, 20:5, 22:2, 24:2, L 24:6, 25:19, 26:25, 27:4, obscures [1] - 9:17 master [1] - 19:4 28:25, 30:20, 30:22, 31:2, obviously [1] - 30:5 lambert [1] - 22:12 matter [5] - 4:12, 18:21, 33:10, 34:20, 34:23, 35:3, 36:24, 38:2, 38:5, 38:6, OF [13] - 1:2, 1:3, 3:2, 8:2, 39:3, 39:6, 40:15 last [1] - 39:2 38:9 11:2, 18:2, 21:2, 25:2, Matthew [2] - 2:14, 28:2, 32:2, 36:2, 40:4, 40:5 lattice [1] - 9:12 motions [1] - 22:4 21:23 lawn [1] - 6:20 off-street [1] - 32:25 MATTHEW [1] - 21:2 move [12] - 4:17, 8:23, Lawns [3] - 11:15, 25:8, 12:16, 14:2, 15:7, 18:21, office [2] - 30:7, 30:12 MC [1] - 18:2 32:14 22:5, 23:4, 25:22, 29:3, often [1] - 29:25 McDevitt [2] - 2:12, 33:12, 37:3 leave [1] - 19:14 okaying [1] - 9:19 18:18 MR [2] - 3:2, 8:2 less [14] - 4:2, 4:5, 5:22, MCDONALD [1] - 11:3 Oliver [1] - 4:7 6:3, 8:13, 12:2, 12:5, MRS [2] - 3:2, 8:2 McDonald [3] - 2:9, one [12] - 11:11, 15:12, 18:11, 25:13, 28:16, 29:20, mudroom [2] - 30:6, 22:6, 22:21, 28:9, 30:2, 32:18, 32:21, 32:24 12:12, 12:21 37:21 32:9, 32:25, 33:23, 34:17, lights [1] - 22:15 McDonalds [1] - 12:24 37:12, 37:13 limited [1] - 19:2 MEADBROOK [1] - N one-car [1] - 33:23 8:8 Lincoln [2] - 2:13, 18:18 Nassau [4] - 2:15, 3:12, one-half [2] - 37:12, Meadbrook [3] - 2:7, 37:13 LINCOLN [1] - 18:7 21:24, 22:8 8:20, 9:4 line [2] - 8:11, 25:11 NASSAU [1] - 21:12 open [9] - 13:16, 16:3, meeting [5] - 4:11, 8:17, 19:11, 19:17, 23:15, 23:17, living [1] - 9:4 12:10, 28:21, 33:6 need [3] - 22:24, 26:5, 28:10, 32:8, 33:22 29:23 LLC [3] - 2:21, 36:3, 36:22 meeting, [1] - 4:9 opposition [10] - 7:13, neighborhood [8] - 10:8, 14:15, 17:4, 20:8, LLP [1] - 1:18 MEMBER [24] - 1:13, 4:20, 12:19, 15:10, 18:25, 24:9, 27:7, 31:5, 35:6, 1:14, 1:15, 1:16, 4:16, 7:4, location [2] - 8:5, 26:10 8:22, 9:22, 12:15, 13:21, 25:25, 29:6, 33:15, 37:6 38:12 Lohnes [2] - 2:14, 21:23 14:6, 15:6, 16:19, 19:22, new [1] - 16:5 outcome [1] - 40:15 22:3, 23:23, 25:20, 29:2, NEW [1] - 40:4 LOHNES [1] - 21:3 outdoor [4] - 11:10, 30:19, 33:11, 34:13, 34:21, low [1] - 6:20 36:25, 38:3 New [2] - 1:7, 40:8 13:6, 21:10, 23:14 members [10] - 7:10, night [1] - 39:4 overhang [1] - 36:17 Lula [2] - 2:5, 4:13 10:5, 14:12, 16:25, 20:5, non [1] - 37:18 owners [4] - 16:9, 19:5, LULA [1] - 3:2 24:6, 27:4, 31:2, 35:3, 38:9 26:11, 26:17 mentioned [1] - 6:20 non-compliant [1] - owns [1] - 37:7 M 37:18 MICHAEL [1] - 1:11 north [3] - 6:11, 6:17, 9:6 maintain [4] - 3:15, might [1] - 19:18 P 3:18, 4:4, 8:5 Notary [1] - 40:7 minimal [2] - 26:15, noted [1] - 22:24 P.E [1] - 36:20 maintaining [5] - 3:8, 29:21 5:4, 5:10, 5:13, 6:2 notes [1] - 40:11 p.m [1] - 1:8 minimum [7] - 3:24, maintenance [3] - 5:19, 11:24, 16:13, 32:20, notice [1] - 6:2 P.M [1] - 39:5 16:12, 21:7, 26:14 34:7, 36:15 November [1] - 18:15 PAGE [1] - 2:3 Manor [5] - 2:21, 18:8, monumental [2] - PARADINE [6] - 1:13, 28:12, 36:23, 37:8 Number [1] - 25:16 3:10, 5:6 8:22, 16:19, 22:3, 30:19, MANOR [1] - 36:9 most [1] - 23:11 number [9] - 8:18, 12:11, 34:21 15:2, 18:17, 21:22, 22:6, TOP KEY COURT REPORTING, INC. (516) 414-3516 5 Park [1] - 18:8 33:22 R12 [1] - 23:11 require [1] - 30:10 parking [4] - 33:2, 34:12, portico [7] - 13:2, 13:5, raised [3] - 3:9, 5:5, 6:15 required [23] - 3:17, 16:3, 28:8, 28:11, 29:13, 34:14, 34:17 rear [21] - 3:6, 3:9, 3:15, 3:22, 3:25, 5:11, 5:17, 29:16 part [1] - 29:16 5:21, 6:4, 9:8, 11:24, 12:4, portions [1] - 13:15 4:25, 5:5, 5:10, 11:7, 15:22, 18:10, 19:13, 26:8, parties [1] - 40:13 11:13, 13:3, 15:13, 16:6, potential [8] - 4:19, 28:15, 29:18, 29:23, 32:17, 18:6, 18:10, 18:14, 19:12, 32:20, 34:6, 34:8, 36:15, patio [5] - 3:9, 3:16, 5:5, 12:18, 15:9, 18:24, 25:25, 19:15, 21:11, 26:7, 28:7, 37:16 5:11, 16:6 29:5, 33:15, 37:6 28:9, 29:12 powder [1] - 16:5 rear-yard-setback requirement [1] - per [1] - 21:3 15:24 [1] - 18:14 percent [6] - 13:12, premises [5] - 8:7, 18:7, requires [2] - 23:11, 13:18, 15:17, 15:19, 23:10, 21:11, 25:7, 32:13 reasonable [1] - 30:14 34:14 23:11 presentation [1] - Rebecca [2] - 2:10, 15:3 resale [1] - 37:22 percentage [1] - 13:13 22:10 recommend [1] - presented [9] - 7:7, respectively [4] - 4:3, pergola [2] - 11:12, 13:8 34:16 5:24, 12:3, 13:23 16:21, 20:2, 24:3, 26:25, record [10] - 7:13, 10:8, permit [4] - 18:5, 25:5, 30:23, 34:24, 38:5, 38:6 reviewed [1] - 5:9 32:6, 36:6 14:15, 17:4, 20:8, 24:9, previously [1] - 8:6 27:7, 31:5, 35:6, 38:12 RICHARD [1] - 1:15 permits [4] - 3:5, 11:6, 21:6, 28:5 project [6] - 4:24, 19:2, rectangular [2] - 6:11, RIO [6] - 1:14, 9:22, 14:6, 19:14, 29:10, 29:16, 29:23 6:18 15:6, 25:20, 36:25 permitted [1] - 8:6 property [8] - 4:22, 16:7, reduce [13] - 12:4, 13:24, Road [4] - 2:7, 2:21, perpendicular [1] - 19:5, 29:8, 33:17, 37:7, 18:10, 25:11, 26:7, 28:15, 36:23, 37:8 22:19 37:9, 37:17 30:9, 32:17, 32:20, 32:23, ROAD [2] - 8:8, 36:9 Peter [3] - 2:8, 12:12, propose [1] - 12:24 34:5, 34:7, 34:8 12:21 reduced [4] - 3:18, 5:13, ROBERT [1] - 32:2 proposed [1] - 22:21 Robert [3] - 2:19, 33:8, PETER [1] - 11:2 8:11, 30:11 proposes [1] - 33:24 reduces [1] - 13:17 33:16 picture [1] - 9:12 provide [1] - 32:25 reducing [4] - 3:25, roof [3] - 21:10, 36:16, piers [3] - 4:4, 6:3, 6:7 37:18 provisions [8] - 3:3, 5:20, 11:24, 15:23 plan [1] - 22:17 8:4, 11:3, 18:3, 21:4, 25:3, room [2] - 16:5, 30:4 reduction [1] - 29:18 planter [1] - 6:15 28:3, 36:4 ROSEMARIE [1] - 8:3 PUBLIC [1] - 1:4 reflect [10] - 7:13, 10:8, planting [2] - 16:11, 14:15, 17:4, 20:8, 24:9, Rosemarie [2] - 2:7, 26:13 Public [1] - 40:7 27:7, 31:5, 35:6, 38:12 8:19 platform [4] - 3:11, 3:19, PVC [1] - 9:15 related [1] - 40:12 Ruggiero [1] - 18:13 5:6, 5:14 relief [3] - 9:5, 9:7, 29:21 runs [1] - 22:18 Platinum [1] - 21:21 Q relocating [1] - 15:13 pledge [1] - 22:12 S questioned [1] - 30:8 remove [2] - 6:10, 6:17 plot [10] - 4:5, 6:3, 8:11, 11:18, 12:23, 13:11, 13:17, quite [3] - 4:24, 29:21, removing [2] - 6:6, sale [1] - 37:9 13:19, 15:15, 25:11 29:25 13:16 Samardich [3] - 2:21, plus [1] - 23:15 renovating [2] - 37:9, 36:23, 37:19 pool [8] - 21:8, 22:7, 22:8, R 37:20 SAMARDICH [1] - 22:11, 22:23, 23:2, 23:16, replace [1] - 6:19 36:3 R-12 [1] - 21:14 23:18 replacement [5] - samardich [1] - 37:7 POPLAR [1] - 11:15 R-6 [5] - 3:13, 11:16, 25:9, 32:7, 33:19, 33:20, 34:15, 28:13, 32:15 34:16 satisfied [2] - 8:25, 23:7 Poplar [3] - 2:9, 12:13, R-8 [3] - 8:9, 18:8, 36:11 Scheduled [3] - 12:9, 12:22 REPORTER [1] - 1:23 28:20, 33:5 porch [7] - 11:10, 13:2, R.A [5] - 4:7, 12:8, 18:13, request [1] - 30:15 28:19, 33:4 SCHRODER [41] - 21:10, 23:13, 28:10, 32:8, requesting [1] - 15:16 1:11, 4:12, 7:2, 7:6, 7:12, TOP KEY COURT REPORTING, INC. (516) 414-3516 6 8:18, 9:20, 9:24, 10:7, signify [10] - 7:7, 10:2, Street [17] - 2:9, 2:11, unit [1] - 26:11 12:11, 13:19, 14:4, 14:8, 14:10, 16:23, 20:2, 24:3, 2:13, 2:16, 2:18, 2:19, United [1] - 30:2 14:14, 15:2, 16:17, 16:20, 27:2, 30:23, 34:24, 38:7 12:13, 12:22, 15:4, 15:12, 17:3, 18:17, 19:24, 20:7, 21:22, 23:21, 23:25, 24:8, Simon [2] - 2:17, 28:23 18:19, 25:18, 26:2, 28:24, units [8] - 9:6, 9:10, 9:13, 29:9, 33:9, 33:18 9:17, 15:25, 16:9, 16:14, 25:16, 26:22, 27:6, 28:22, 30:17, 30:21, 31:4, 33:7, SIMON [1] - 28:2 structure [2] - 19:16, 26:16 34:19, 34:22, 35:5, 36:21, sits [1] - 12:22 29:15 unusual [1] - 19:6 37:25, 38:4, 38:11, 39:2 size [5] - 13:17, 13:19, style [2] - 22:18, 22:20 urge [3] - 6:23, 30:15, second [32] - 5:2, 7:3, 13:20, 30:9, 30:13 37:23 7:4, 9:21, 9:22, 11:9, SUFFOLK [1] - 40:5 11:13, 13:4, 13:9, 14:5, sought [8] - 4:18, 12:17, SUPT [1] - 1:20 usable [1] - 30:13 14:6, 16:18, 16:19, 18:6, 15:8, 18:23, 25:23, 29:4, 19:3, 19:7, 19:9, 19:16, 33:13, 37:4 swimming [5] - 21:8, V 19:21, 19:23, 23:22, 23:24, spa [2] - 21:9, 23:15 22:7, 23:16, 23:18 26:22, 30:18, 30:19, 34:20, space [9] - 16:3, 19:3, vacate [1] - 30:3 34:21, 36:7, 37:11, 37:21, T 38:2, 38:3 19:11, 19:17, 23:17, 29:24, variance [25] - 3:3, 6:7, 33:2, 34:12, 34:18 6:21, 6:25, 8:3, 9:2, 11:3, Section [5] - 3:3, 11:4, testified [2] - 29:22, 18:3, 28:4, 36:5 spaces [1] - 34:15 30:11 12:20, 14:3, 18:3, 18:14, 19:12, 21:5, 22:25, 23:7, section [3] - 8:4, 21:5, sq [38] - 3:6, 3:7, 3:9, 3:10, testimony [1] - 6:10 25:3, 26:5, 28:3, 29:17, 11:6, 11:7, 11:8, 11:9, 30:10, 30:16, 32:3, 33:18, 25:4 than(8.8') [1] - 8:13 11:10, 11:11, 11:12, 11:13, 36:4, 37:13 Sections [1] - 21:4 11:19, 11:20, 11:21, 18:5, therefore [5] - 13:13, variances [2] - 5:8, sections [1] - 32:3 21:9, 21:10, 21:17, 21:18, 14:2, 19:9, 30:15, 34:10 15:16 28:6, 28:7, 28:8, 28:9, see [1] - 22:22 28:10, 32:7, 32:8, 32:9, Thomas [1] - 36:20 vertical [6] - 3:23, 5:18, see-through [1] - 32:11, 36:7, 36:8 three [2] - 9:6, 15:13 11:22, 13:22, 36:13, 37:14 22:22 square [33] - 4:25, 5:2, tonight [5] - 4:22, 9:4, vertically [2] - 3:20, seeking [1] - 37:14 5:3, 5:4, 5:6, 12:25, 13:2, 29:8, 29:18, 39:3 5:15 13:4, 13:5, 13:6, 13:8, seeks [1] - 33:18 13:11, 13:12, 15:12, 15:18, transcription [1] - view [2] - 16:10, 26:12 16:3, 23:9, 23:12, 23:13, 40:10 VILLAGE [3] - 1:2, 1:18, set [1] - 40:16 23:14, 23:15, 29:10, 29:12, Treemont [1] - 2:16 34:12 setback [17] - 3:16, 3:19, 29:13, 33:19, 33:21, 33:22, 3:21, 5:10, 5:13, 5:16, 33:23, 33:25, 34:2, 37:10, TREMONT [1] - 25:7 Village [10] - 1:6, 3:4, 8:5, 11:5, 18:4, 21:6, 25:4, 8:12, 12:5, 13:25, 18:11, 37:12 Tremont [2] - 25:18, 28:4, 32:5, 36:5 18:14, 19:13, 25:12, 26:8, SS [1] - 40:4 26:2 28:16, 29:19, 32:18 Viscardi [1] - 33:4 stair [2] - 3:10, 5:6 two [10] - 6:2, 6:6, 6:13, setbacks [2] - 3:25, 5:21 6:18, 9:5, 22:3, 28:7, visit [1] - 29:25 shall [2] - 16:9, 26:12 STATE [1] - 40:4 29:12, 33:20, 34:14 visitors [1] - 30:4 Shaw [1] - 36:10 State [1] - 40:8 two-and-a-half [1] - shrubbed [2] - 22:14, stenographic [1] - 33:20 W 26:10 40:11 two-car [2] - 6:13, 6:18 Stewart [2] - 1:6, 28:12 two-story [1] - 29:12 wants [1] - 9:7 shrubbing [1] - 6:20 storage [1] - 30:6 west [1] - 22:8 shrubs [3] - 16:12, 22:13, 26:15 story [11] - 11:12, 15:13, U WHEREOF [1] - 40:16 side [26] - 3:8, 3:24, 5:3, 28:7, 28:9, 29:12, 32:7, unanimous [10] - 7:14, WILLIAMS [7] - 1:15, 32:11, 33:20, 36:8, 37:12, 7:4, 12:15, 13:21, 33:11, 5:20, 8:7, 9:7, 11:23, 37:13 10:9, 14:16, 17:5, 20:9, 11:25, 13:22, 15:14, 15:21, 34:13, 38:3 24:10, 27:8, 31:6, 35:7, 22:9, 25:6, 28:6, 28:9, street [4] - 6:12, 16:11, 38:13 WITNESS [1] - 40:16 28:16, 29:11, 29:19, 32:21, 26:13, 32:25 32:24, 34:7, 34:9, 36:14, undesirable [1] - 30:5 wood [2] - 9:15 36:17, 37:15, 37:19 STREET [5] - 11:15, 18:7, 25:7, 28:12, 32:14 unenclosed [1] - 13:15 wooden [1] - 22:20 TOP KEY COURT REPORTING, INC. (516) 414-3516 7 Y yard [19] - 3:15, 5:10, 8:7, 18:11, 18:14, 19:15, 21:11, 25:6, 26:7, 28:16, 29:19, 32:18, 32:21, 34:5, 34:9, 36:15, 36:18, 37:15, 37:19 yards [8] - 3:25, 5:20, 11:23, 12:2, 13:22, 15:21, 32:24, 34:7 York [2] - 1:7, 40:8 YORK [1] - 40:4 Z ZBA-000230-2023 [1] - 8:15 ZBA-000242-2023 [1] - 36:20 ZBA-000247-2023 [1] - 4:7 ZBA-000248-2023 [1] - 12:8 ZBA-000257-2024 [1] - 18:13 ZBA-000258-2024 [1] - 21:21 ZBA-000259-2023 [1] - 25:15 ZBA-000264-2023 [1] - 28:19 ZBA-000275-2024 [1] - 33:4 ZONING [1] - 1:3 ° ° [4] - 39:8 ½ ½ [1] - 36:8 TOP KEY COURT REPORTING, INC. (516) 414-3516 8

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, MARCH 19, 2024 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, March 19, 2024, at 6:30 p.m., to take action on the following matters: 1. APPEAL OF MR. & MRS. LULA for a variance of provisions in Section 200-15, 200-31 and 200-46 of the Village Code, to allow the issue of building permits to erect, a 15 sq. ft. first floor rear, a 375 sq. ft. 2nd floor front and 592 sq. ft. side additions, while maintaining a 336 sq. ft. raised patio at the rear and a 68 sq. ft. monumental stair and platform in the front; at the dwelling known as 121 CLINCH AVENUE (Map of Nassau Havens, Block C Lot 71, R-6 district) the granting of which would: A. maintain the (15.8’) rear yard setback at the patio, where (25.0’) is required ~ B. maintain a reduced front setback at the platform of (19.7’); while extending vertically the existing dwelling setback of (24.7’), where (30.0’) is required ~ C. cause a vertical extension of existing minimum and aggregate side yards, reducing the required setbacks of (15.0’) and (35.0’), to not less than (4.10’) and (25.37’) respectively ~ D. maintain 2 driveway piers on a plot with less than (100.0’) frontage. Building Department # ZBA-000247-2023, Dennis Oliver, R.A. *Adjourned at the February 21, 2024, meeting, **Adjourned at the February 27, 2044, ADRB meeting. 2. APPEAL OF MR. & MRS. JOSEPH AND ROSEMARIE FUSCO for a variance of the provisions of section 200-52 of the Village Code, to maintain the location of (3) previously permitted A/C compressors in the side yard of the premises known as, 162 MEADBROOK ROAD (Map of Garden City Gables, Block 14, Lot 30, R-8 District), the installation of which has: A. reduced the (10.0’) plot line setback for freestanding equipment, to not less than (8.8’). Building Department # ZBA-000230-2023. *Adjourned at the February 21. 2024, 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, MARCH 19, 2024 3. APPEAL OF PETER & HEATHER MCDONALD for a variance of provisions in Section 200-15, 200-32 & 200-46 of the Village Code, allowing for issuance of permits, erecting a 35 sq. ft. & 48 sq. ft. front and 656 sq. ft. rear first floor additions, with a 1,720 sq. ft. second floor additions with 137 sq. ft. front porch, and 45 sq. ft. outdoor kitchen (demolish 198 sq. ft, one story and 196 sq. ft. pergola at the rear, and 630 sq. ft. existing second floor); at the dwelling known as 146 POPLAR STREET (Map of Garden City Lawns, Block 15, Lot 10, R-6 district), the granting of which would: A. exceed the allowable plot cover of (1,875) sq. ft. or 25.0 %, by (245) sq. ft. (2,120 sq. ft. or 28.50 %), on a 7,500 sq. ft. lot ~ B. cause horizontal and vertical extensions of existing side yards, reducing both the required minimum and aggregate of (8.0’) and (18.0’) side yards, to not less than (5.3’) and (15.0’) respectively ~ C. reduce the required front setback of (30.0’), to not less than (27.75’). Building Department # ZBA-000248-2023, Daniel Fabrizi, R.A. *Scheduled to appear at the March 26, 2024, ADRB meeting. 4. APPEAL JOHN & REBECCA GALLARO for a variance from the provisions of 200-15, 200- 46 and 200-52 of the Village Code, to allow issuance of permits, for the erection of a 169 sq. ft. one story rear addition, and the relocation of (3) A/C compressors in the side yard, at the existing dwelling known as 16 ELM STREET (Map of Garden City East, Block 125, Lot 11, R-6 district), the granting of which would: A. exceed the allowable building area of (1,500 sq. ft. or 25.0%), by (173) sq. ft. (1,673 sq. ft. or 27.9%) ~ B. extend horizontally the current (14.8’) aggregate side yard, where (18.0’) is required ~ C. reduce the (10.0’) required plot line setback for freestanding A/C equipment, to not less than (6.0’). Building Department # ZBA-000269-2024 Daniel Fabrizi, R.A. 5. APPEAL OF BRIAN MC DEVITT for a variance from provisions of Section 200-15 of the Village Code, so as to permit the erection of an 154 sq. ft. second floor rear addition, at the premises known as 154 LINCOLN STREET (Map of Park Manor, Block --, Lots 82, R-8 district) the granting of which would: 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, MARCH 19, 2024 A. reduce the required (25') rear yard setback to not less than (21.0’). Building Department # ZBA-000257-2024, Barbara M. Ruggiero, R.A. *A rear-yard-setback variance (deck), was granted at the November 1, 1988 hearing. 6. APPLICATION & APPEAL OF MATTHEW LOHNES & DANIELLE CASAGRANDE, as per the provisions of Sections 200-45 and 200-70, and a variance from section 200-15 of the Village Code, to issue building permits, for the construction and maintenance of an 15’ x 29’ in- ground swimming pool and 8’x 8’ spa; while erecting a 298 sq. ft. roof over porch and 35 sq. ft. outdoor kitchen, in the rear yard of the premises known as 32 NASSAU BOULEVARD (Map of Garden City Estates, Block 72, Lot 63, R-12 district), the granting of which would: A. cause the allowable building area of (3,600 sq. ft. or 20.0%), to be exceeded by (1,334) sq. ft. (4,934 sq. ft. or 27.4%) ~ Building Department # ZBA-000258-2024, The Platinum Group. 7. APPEAL OF KATHLEEN M. DERKASCH for a variance of the provisions of section 200-52 of the Village Code, to permit the installation of an A/C compressor, in the side yard of the premises known as, 28 TREMONT STREET (Map of Garden City Lawns, Block 2, Lot 48, R-6 District), the granting of which would: A. reduce the (10.0’) plot line setback for freestanding equipment, to not less than (7.0’). Building Department # ZBA-000259-2023. 8. APPEAL OF SIMON & KAREN BRAITHWAITE for a variance of provisions in Section 200-46 of the Village Code, to allow issue of building permits to erect a 458 sq. ft. first floor side, and 128 sq. ft. two story rear additions, with a 64 sq. ft. front portico (demolish 66 sq. ft side and 68 sq. ft rear one story additions, and 75 sq. ft front open porch and portico); at the dwelling known as 146 ADAMS STREET (Map of Stewart Manor, Block 16 Lot 35, R-6 district) the granting of which would: A. reduce the required (21.0’) aggregate side yard setback to not less than (18.0’). Building Department # ZBA-000264-2023, H. Bradford Gustavson, R.A. *Scheduled to appear at the March 26, 2024, ADRB meeting. 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, MARCH 19, 2024 9. APPEAL OF ROBERT BOMMARITO. for a variance of sections 200-7, 200-16 A.10.c(2), 200-31, and 200-46.C, of the Village code, and to allow for the issue of a building permit to erect; a 2,680 sq. ft. 2 1/2 story replacement dwelling with 115 sq. ft. front open porch, 836 sq. ft. basement and 200 sq. ft. one car attached garage (demolish existing 2,238 sq. ft. 2 story dwelling and 200 sq. ft. attached garage, exclusive of foundation); at the premises known as 167 GARDEN STREET (Map of Garden City Lawns, Block 15, Lot 61, R-6 District), the granting of which would: A. reduce the (30.0’) required front yard setback, to not less than (28.65’) ~ B. reduce the required minimum side yard of (8.0’) to no less than (6.0’) ~ C. reduce the (18.0’) aggregate of side yards, to not less than (15.1’) ~ D. not provide one off-street parking space. Building Department # ZBA-000275-2024, John J. Viscardi, R.A. *Scheduled to appear at the March 26, 2024, ADRB meeting. 10. APPEAL OF BROOK-CITY DEVELOPMENT LLC.( DEAN SAMARDICH), for a variance of provisions contained in Section 200-46.B & C of the Village Code, to allow the issue of a building permit erecting a 1,250 sq. ft. second floor addition (demolish 725 sq. ft. ½ story), at the dwelling known as 105 MANOR ROAD (Map of Shaw Gardens, Block J, Lots 28, R-8 district) the granting of which would cause: A. a horizontal and vertical extension of the existing (5.02’) side yard, where (8.0’) minimum is required. B. the encroachment by a roof overhang of (1.0’) into a (5.0’) side yard. Building Department # ZBA-000242-2023, Thomas T. Bucciarelli, P.E. END OF CASES 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, MARCH 19, 2024 The Board may transact any other business that may properly come before the meeting. DATED: March 5, 2024, 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, APRIL 16, 2024 Page 5

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