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Zoning Board of Appeals

Regular Meeting

Garden City, NY · July 9, 2024

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Agenda

NOTICE OF MEETING OF THE ZONING BOARD OF APPEALS INCORPORATED VILLAGE OF GARDEN CITY VILLAGE HALL 351 STEWART AVENUE GARDEN CITY, NY 11530 MEETING AGENDA TUESDAY, JULY 9, 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, July 9, 2024, at 6:30 p.m., to take action on the following matters: 1. APPEAL OF LAWRENCE & SALLY WANG for a variance of provisions in Sections 99-4 200-3 and 200-57 of the Village Code, for the maintenance of a non-conforming corner shortcut fence or wall, at the dwelling known as 8 STRATFORD AVENUE (Map of Garden Stewart Manor, Block 17, Lots 8, R-6 district) the granting of which would: A. exceed the (6.0’) allowable length along the Stratford Avenue front by (14.0’); (233% or 20.0’) ~ B. exceed the (6.0’) allowable length along the New Hyde Park Road front by (4.0’) (66% or 10.0’). C. cause a wall exceeding (1.0’) in height. Building Department # ZBA-000288-2024. *Adjourned on the May 21, 2024, Agenda **Adjourned at the June 18, 2024, Meeting 2. APPEAL OF MICHELLE & BRANDON GARGIULO for a variance of sections 200- 7, 200-15, 200-16, 200-31 and 200-46 of the Village code, to allow for the issue of building permits to erect; a 3,235 sq. ft. 2 story replacement dwelling, with 94 sq. ft. front portico, 1,051 sq. ft. finished basement and 268 sq. ft. one car attached garage (demolish existing 2,674 sq. ft. 2 story dwelling and 250 sq. ft. attached garage, exclusive of foundation); at the premises known as 202 WEYFORD TERRACE (Map of Garden City Gables, Block 11, Lot 22, R-6 District), the granting of which would; A. reduce the (30.0’) required front yard setback, to not less than (29.96’), with respect to the portico steps ~ B. reduce the required minimum side yard of (8.0’) to not less than (5.50’) ~ 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, JULY 9, 2024 C. cause a roof overhang and gutter, to be as close as (3.67’) to an adjoining plot line, where (5.0’) is the minimum ~ D. reduce the (18.0’) aggregate of side yards, to not less than (13.1’) ~ E. not provide one-off-street parking space. F. exceed the allowable building area of 1,650 sq. ft. or 25.0%, by (152) sq. ft. (1,802 sq. ft. or 27.30%). Building Department application # 2024-16116, Jared Mandel R.A. *Reserved Decision at the June 18, 2024, Meeting 3. APPEAL OF RONALD & ANTONETTA GREENSTEIN for a variance of the provisions of Section 200-15 of the Village Code, to allow the issue of building permits, for the erection of a 224 sq. ft. roof over pavilion and 64 sq. ft. outdoor kitchen, at the rear of the dwelling known as 16 COLVIN DRIVE (Map of Nassau Havens, Block D, Lots 57, R-6 district) the granting of which would: A. exceed the allowable building area of 3,279 sq. ft. or 25.0%, by 498 sq. ft. (3,777 sq. ft. or 28.78%). Building Department # ZBA-000307-2024, John J. Viscardi, R.A. *Variance granted (June 15, 2021) for building coverage of 3,489 sq. ft or 26.59%. *Reserve Decision at the May 21, 2024, Meeting 4. APPEAL OF MICHAEL & DANA DALY for a one year extension of a variance granted (June 20, 2023) but not constructed, from the provisions of Sections 200-15 of the Village Code, permitting the erection of a 185 sq. ft. second floor addition in the Whitehall Boulevard front, and a 471 sq. ft. second floor rear addition, at the corner premises known as; 131 SOMERSET AVENUE (Map of Garden City Estates, Lots 17, Block 53, R-8 district) which will: A. Reduce the (25.0’) rear yard setback, to not less than (15.08’). Building Department # ZBA-000132-2022, Howard P. Curtis, R.A. Page 2 NOTICE OF MEETING OF THE ZONING BOARD OF APPEALS INCORPORATED VILLAGE OF GARDEN CITY VILLAGE HALL 351 STEWART AVENUE GARDEN CITY, NY 11530 MEETING AGENDA TUESDAY, JULY 9, 2024 5. APPEAL OF 26 JEFFERSON ST LLC. for a variance of the provisions of Section 200-31 of the Village Code, so as to permit the erection of a 228 sq. ft. front porch at the plot known as 26 JEFFERSON STREET (Map of Stewart Manor, Block 24, Lot 18, R- 6 district) the granting of which would: A. cause a horizontal roof extension, reducing the existing (26.86’) front yard setback, to not less than (25.86’), where (30.0’) is required. Building Department application # 2024-15391, Joseph Fischetti, P.E. *Scheduled to appear as per the July 23, 2024, ADRB Agenda 6. APPEAL OF AXEL & ALINA PIAZZOLA for a variance of provisions in Section 200-15, 200-32, & 200-46 of the Village Code, allowing for issuance of permits, erecting a 435 sq. ft. first floor addition with a 230 sq. ft. open porch and 452 sq. ft. second floor at the rear, and a 48 sq. ft. portico at the front of the dwelling; known as 7 MULBERRY AVENUE (Map of Mineola Plaza, Block 16, Lot 45, R-6 district), the granting of which would: A. exceed the allowable plot cover of (1,500) sq. ft. or 25.0 %, by (119) sq. ft. (1,619 sq. ft. or 27.0 %), on an 6,000 sq. ft. lot ~ B. cause horizontal extension of the existing side yards, reducing the (18.0’) required aggregate side yard, to not less than (15.42’), and the (8.0’) minimum side yard to not less than (5.4’)~ C. reduce the required front setback of (30.0’), to not less than (26.25’) for the proposed portico and (25.25’) to the step. Building Department application # 2024-15284, Daniel Fabrizi, R.A. 7. APPLICATION & APPEAL OF CHRISTOPHER LAZOS in accordance with the provisions of Sections 200-45 and 200-70, and a variance of Section 200-15 of the Village code, to permit the installation of a 10’ x 10’ raised spa and 14 sq. ft. fire-pit; while maintaining a 136 sq. ft. rear platform and 106 sq. ft. cellar entrance at the rear (demolished 38 sq. ft. platform and 38 sq. ft. cellar entrance), at the dwelling known as 89 TENTH STREET (Map of Garden City Central, Block 21, Lot S4, R-20 district) the granting of would: Page 3 NOTICE OF MEETING OF THE ZONING BOARD OF APPEALS INCORPORATED VILLAGE OF GARDEN CITY VILLAGE HALL 351 STEWART AVENUE GARDEN CITY, NY 11530 MEETING AGENDA TUESDAY, JULY 9, 2024 A. exceed the allowable building area of 6,240 sq. ft. or 20.0% (31,200 sq. ft. plot), be exceeded by (435) sq. ft. (6,675 sq. ft. or 21.39%), on a 31,200 sq. ft. plot ~ Building Department application # 2024-15318, Daniel Fabrizi, R.A. *Area variance previously granted for 6,395 sq. ft. or 20.47%, at the July 19, 2022, hearing. 8. APPEAL OF MARISSA & KEITH BOGATCH for a variance from section 200-15 of the Village Code, to allow the issue of a building permits for the erection of a 240 sq. ft. pavilion and a 78 sq. ft. retaining wall, while installing an 8 sq. ft. fire pit and a 78 sq. ft. barbecue shed, in the rear yard; at the premises known as 20 ST PAULS PLACE (Map of Garden City Central, Block 92, Lot 70, R-12 district), the granting of which will: A. exceed the allowable building area of 2,400 sq. ft. or 20%, to by (413) sq. ft. (2,813 sq. ft. or 23.44%), on a 12,000 sq. ft. lot. Building Department application # 2024-15282, Elizabeth Bibla, L.A. 9. APPEAL OF JEANNE LOGAN for a variance of provisions contained in Section 200- 31 of the Village Code, to allow the issue of a building permit to erect; a 46 sq. ft. front portico (demolish 166 sq. ft. raised front terrace), while constructing a 114 sq. ft. second floor addition at the rear of the dwelling; known as 204 KILBURN ROAD (Map of Garden City Estates, Block 14, Lots 82, R-8 district) the granting of which would: A. reduce the required (25.0’) front setback, to not less than (19.6’). Building Department # ZBA-000152-2023, Barbara M. Ruggiero, R.A. *A previous area variance (28.9%) was granted at the January 29, 1985, hearing. 10. APPEAL OF BRUCE & SUE SCHOELLE for a variance of provisions in Section 200-52 of the Village Code, for the maintenance of a previously installed A/C compressor on the side yard of the dwelling known as 7 FRANKLIN COURT WEST (Map of Franklin Court, Block E, Lots 15, R-6 district) the granting of which would: A. reduce the (50.0’) required accessory setback from Franklin Court West, to not less than (42.8’)~ 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, JULY 9, 2024 B. reduce the (10.0’) accessory plotline setback to not less than (0.45’) or (5.5”). Building Department application# 2024-15309. 11. APPEAL OF H. BRADFORD & RUBY GUSTAVSON for a variance of the provisions of Sections 200-52 of the Village Code, to allow for the issue of a permit, for the installation of 4.0’ high Estate fence, at the corner dwelling known as 70 POPLAR STREET (Map of Garden City East, Block 117, Lots 10, R-12 district) the granting of which would: A. cause 9.0’ of 4.0’ fence and gate to be as close as (45.0’) from the Prospect Avenue plot line, where (60.0’) is required. Building Department application # 2024-15334, H Bradford Gustavson, R.A. 12. APPEAL OF 25 LINDEN STREET LLC, for a variance from provisions contained in Section 200-52 of the Village Code, allowing for the issue of permits to maintain a previously installed A/C compressor, obscured by shrubbery, in the fronts of the corner dwelling known as, 25 LINDEN STREET (Map of Mineola Plaza, Block 11, lot S32, R- 6 district), the granting of which would: A. reduce the (50.0’) Linden Street front setback for accessory structures, to not less than (42.2’), and reduce the Bayberry Avenue setback of 30.0’, to not less than (27.0’). Building Department application # 2024-15351. 13. APPEAL OF MICHAEL & ERIN DOHERTY, for a variance from provisions of Section 99-3 and 200-52 of the Village Code, to allow the issue of a permit, for the installation of 49.0’ of 4.0’ high estate fencing, and 20.0’ of 4.0’ high chicken wire fencing installed within hedges, in the fronts of the corner dwelling known as 59 PRINCETON STREET (Map of Richlands, Block 3, Lot 82, R-6 district), the granting of which would: A. reduce the (30.0’) accessory front setback along Middleton Road, to not less than (0.0’) with regard to the hedge fencing, and not less than (5.73’) for the estate fence ~ Page 5 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, JULY 9, 2024 B. reduce the (50.0’) accessory front setback along Princeton Street, to not less than (35.0’) with for the estate fence and gate ~ C. allow the installation of a prohibited fence type. Building Department application # 2023-15354, John J. Viscardi, R.A. END OF CASES The Board may transact any other business that may properly come before the meeting. DATED: June 24, 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, AUGUST 20, 2024 Page 6

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