Zoning Board of Appeals
Regular MeetingGarden City, NY · March 19, 2024
Minutes
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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.
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10 P R E S E N T:
11 MICHAEL T. SCHRODER CHAIRMAN
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A L S O P R E S E N T:
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BRIAN PARADINE BOARD MEMBER
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CHRISTINE RIO BOARD MEMBER
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RICHARD WILLIAMS BOARD MEMBER
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ALEX BACHOWSKI BOARD MEMBER (alt.)
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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
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2 I N D E X
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APPLICATION PAGE
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5 1. Appeal of Mr. & Mrs. Lula 3-7
121 Clinch Avenue
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2. Appeal of Mr. & Mrs. Joseph 8-10
7 And Rosemarie Fusco
162 Meadbrook Road
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3. Appeal of Peter & Heather 11-14
9 McDonald
146 Poplar Street
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4. Appeal of John & Rebecca 15-17
11 Ballaro
16 Elm Street
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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
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8. Appeal of Simon & Karen Braithwaite 28-31
18 146 Adams Street
19 9. Appeal of Robert Bommarito 32-35
167 Garden Street
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10. Appeal of Brook-City 36-38
21 Development, LLC (Dean Samardich)
105 Manor Road
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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
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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
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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.
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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.
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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.
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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
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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
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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.
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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
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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
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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.
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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.
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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.
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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
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2 saying, "aye.")
3 CHAIRMAN SCHRODER: There being no
4 opposition, let the record reflect
5 unanimous approval by the board.
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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.
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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
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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.
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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.
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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
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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
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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.
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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.
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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
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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.
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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?
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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
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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
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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.
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TOP KEY COURT REPORTING, INC. (516) 414-3516 31
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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
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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
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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
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TOP KEY COURT REPORTING, INC. (516) 414-3516 35
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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
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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
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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 ********
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TOP KEY COURT REPORTING, INC. (516) 414-3516 38
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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
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TOP KEY COURT REPORTING, INC. (516) 414-3516 39
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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
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TOP KEY COURT REPORTING, INC. (516) 414-3516 40
1720 [1] - 13:3 21 [4] - 4:8, 8:16, 19:14, 22:8
1
173 [1] - 15:18 29:19 32-35 [1] - 2:19
1 [4] - 2:5, 3:2, 18:15, 37:18 21-24 [1] - 2:14 336 [2] - 3:9, 5:4
18 [2] - 15:22, 29:20
1,250 [2] - 36:7, 37:10 21.0 [1] - 28:15 35 [6] - 5:21, 11:6, 12:25,
18-20 [1] - 2:12
1,334 [1] - 21:18 21.0') [1] - 18:11 21:10, 23:14, 28:13
18.0 [3] - 11:25, 13:23, 35.0 [1] - 4:2
1,720 [1] - 11:8 32:23 2238 [1] - 33:25
1,875 [1] - 11:19 18.0') [1] - 28:17 24.7 [1] - 5:16 351 [1] - 1:6
1.0 [1] - 36:17 1875 [1] - 13:11 245 [2] - 11:19, 13:12 36-38 [1] - 2:20
1/2 [1] - 32:7 19 [1] - 1:8 25 [5] - 5:11, 13:12, 15:17, 375 [2] - 3:7, 5:2
10 [7] - 2:20, 9:8, 11:16, 19.7 [2] - 3:19, 5:14 18:10, 19:13
15:23, 26:8, 36:2, 36:21 25-27 [1] - 2:16 4
196 [2] - 11:12, 13:7
10.0 [2] - 8:11, 25:11 25.0 [2] - 3:16, 11:19 4 [2] - 2:10, 15:2
198 [2] - 11:11, 13:8
100 [1] - 6:3 25.37 [2] - 4:3, 5:23 4,934 [1] - 21:18
1988 [1] - 18:15
100.0 [1] - 4:5 25.8 [1] - 13:17 4.10 [2] - 4:3, 5:22
19th [1] - 40:17
105 [4] - 2:21, 36:9, 36:23, 26 [3] - 12:10, 28:21, 33:6 44 [1] - 16:3
37:8
2 2680 [1] - 33:19 45 [2] - 11:10, 13:6
11-14 [1] - 2:8
27 [1] - 4:10 458 [2] - 28:6, 29:10
115 [2] - 32:8, 33:21 2 [7] - 2:6, 4:4, 8:2, 8:18,
25:8, 32:7, 32:11 27.4 [1] - 23:10 48 [3] - 11:6, 12:25, 25:8
120-by-150 [1] - 23:10
2,120 [1] - 11:20 27.4% [1] - 21:19
121 [4] - 2:5, 3:12, 4:14, 5
4:23 2,238 [1] - 32:10 27.7 [1] - 13:25
128 [2] - 28:6, 29:11 2,680 [1] - 32:6 27.75') [1] - 12:6 5 [4] - 2:12, 18:2, 18:17,
2.4.7 [1] - 3:21 27.9 [1] - 15:19 37:19
137 [2] - 11:9, 13:5
20 [1] - 23:11 28 [5] - 2:16, 25:7, 25:17, 5.0 [1] - 36:17
14 [1] - 8:9
20.0% [1] - 21:17 26:2, 36:10 5.02 [2] - 36:14, 37:15
14.8 [1] - 15:21
28-31 [1] - 2:17 5.3 [2] - 12:2, 13:23
146 [8] - 2:9, 2:18, 11:14, 200 [4] - 32:9, 32:11, 33:23,
12:12, 12:22, 28:12, 28:24, 34:2 28.50 [2] - 11:20, 13:13 592 [2] - 3:7, 5:3
29:9 200-15 [4] - 3:3, 11:4, 28.65 [2] - 32:19, 34:5
15 [6] - 3:6, 4:25, 5:21, 18:4, 21:5 29 [1] - 21:8 6
11:16, 21:8, 32:15 200-16 [1] - 32:3 29-by-15 [1] - 22:7
15-17 [1] - 2:10 6 [4] - 2:14, 15:25, 21:2,
200-31 [2] - 3:4, 32:4 298 [2] - 21:9, 23:13 21:22
15-by-29 [1] - 23:16 200-32 [1] - 11:4 6.0 [2] - 32:22, 34:7
2nd [1] - 3:7
15.0 [3] - 4:2, 12:3, 13:24 200-45 [1] - 21:4 60-by-100 [1] - 15:15
15.1 [2] - 32:24, 34:9 200-46 [3] - 3:4, 11:4, 3 61 [1] - 32:15
15.8 [2] - 3:15, 5:10 28:4
63 [1] - 21:13
200-46.B [1] - 36:5 3 [6] - 2:8, 8:6, 11:2, 12:11,
154 [4] - 2:13, 18:5, 18:7, 29:21, 30:12 630 [2] - 11:13, 13:9
18:18 200-46.C [1] - 32:4 3,600 [1] - 21:17
16 [4] - 2:11, 15:4, 15:11, 64 [3] - 23:15, 28:8, 29:13
200-52 [2] - 8:4, 25:4 3-7 [1] - 2:5
28:13 65-by-125 [1] - 12:23
200-7 [1] - 32:3 30 [2] - 5:16, 8:9
162 [4] - 2:7, 8:8, 8:20, 9:4 656 [2] - 11:7, 13:2
200-70 [1] - 21:4 30.0 [5] - 3:22, 12:5, 13:25,
167 [4] - 2:19, 32:13, 33:8, 66 [1] - 28:8
33:17 2024 [8] - 1:8, 4:8, 4:10, 32:17, 34:6
8:16, 12:10, 28:21, 33:6,
68 [3] - 3:10, 5:5, 28:9
169 [1] - 15:12 32 [4] - 2:15, 21:12, 21:24,
40:17 6:30 [1] - 1:8
TOP KEY COURT REPORTING, INC. (516) 414-3516
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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
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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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