Board of Zoning Appeals

Village of Hewlett Bay Park Board of Zoning Appeals Village Hall 30 Piermont Ave, Hewlett NY Call meeting to order: November 9, 2021 at 6:00pm via Zoom Meeting ID: 859 7086 6559 Passcode: 841331 Board Members: Chairman Leonard Schiffman, Richard Rubel, Michael Schamroth Building Inspector: Steve Cherson Village Attorney: Brian Stolar Zoning Board Clerk: Dana Garraputa i. Open Hearing Application of Nalini Sinha, 49 Piermont Avenue, Hewlett Bay Park, New York, Premises are also known as Section 41, Block 1, Lot 105 on the Nassau County Land and Tax Map, to construct a fence and barbeque island, where such construction requires variances of the following Village Code sections: 1. (a) 146-9(c)(6)(b), in that the fence is proposed to be 5 feet in height, where the maximum height for a fence is 4 feet, 2. (b) 146-19, in that the rear yard setback to the barbeque island will be 9 feet, where a minimum of 35 feet is required, and the rear yard setback to the one story addition will be 27 feet, where 35 feet is required, and 3. (c) 146-13.1, in that the lot coverage will be 15,381 square feet, where a maximum of 14,410 square feet is permitted. • Motion to Close Hearing • Motion declaring Board lead agency with respect to the application under SEQRA and determining that the requested relief is a Type II matter under SEQRA, which requires no environmental review. Notice of application sent to Nassau County Planning Commission and they determined the Village has jurisdiction and may proceed with local determination. • Motion to Approve, Deny or Adjourn ii. Open Hearing Application of Brette Steinberg, 130 Woodside Drive, Hewlett Bay Park, New York, Premises are also known as Section 41, Block 04, Lot 07 on the Nassau County Land and Tax Map, to construct an inground swimming pool with patio and a cabana with attached pergolas, where such construction requires variances of the following Village Code sections: 1. 146-13.1 (B) Impervious lot coverage is not to be more than 30% of the area of a lot or 7,952 square feet. a. Proposed impervious lot coverage is 34.9% or 9,126 square feet. Swimming Pool & Equipment: 2. 146-9 (C)(8)(h) No swimming pool may be installed, constructed or maintained except in a rear yard. Notwithstanding any other provision of this chapter, the pool, including the foundation and mechanical equipment in connection therewith, shall be located not less than 35 feet from the rear lot line, and not less than 30 feet from any side lot line, and in the case of a corner lot, such pool, foundation and equipment shall be located at least 50 feet from any property line abutting a public right-of-way. a. Swimming pool is in the side yard. b. Swimming pool is 29 ¾ ft from the side property line. c. Swimming pool equipment is 4 ft 1 in from the rear lot line. [1]  Cabana with attached pergolas: 3. 146-9 (C)(3-a): No individual accessory building, structure or use shall occupy an area more than 3% of the total lot area, exclusive of any use which is customarily or frequently under water. All accessory buildings, structures and uses shall in the aggregate occupy an area not more than 5% of the total lot area, exclusive of any area which is customarily or frequently under water. a. Cabana with pergolas (800 SF) and Garage (498 SF) is 2,370 SF, where 5% or 1,306.65 SF is the maximum. 4. 146-12 (C) Rear height/setback ratio. The maximum permitted rear height/setback ratio is 0.80. a. Proposed rear height setback ratio of cabana is 2.5. 5. 146-18 Side yards for its entire depth shall not be less than 30 feet wide. a. Proposed west side pergola is 16 ft 10 in. b. Proposed east side pergola is 29 ft 7 in. 6. 146-19 Rear yards for its entire depth shall not be less than 35 feet wide. a. Proposed cabana is 6 ft. b. Proposed west side pergola is 13- 7 ¾ ft. c. Proposed east side pergola is 9 ft 9 in. Pool Fence: 7. 146-9 (C)(8)(c) Each swimming pool fence shall be properly screened with evergreen shrubs and plants. a. Proposed fencing is not screened in rear yard and a section of the fence is beyond the property line. • Motion to Close Hearing • Motion declaring Board lead agency with respect to the application under SEQRA and determining that the requested relief is a Type II matter under SEQRA, which requires no environmental review. Notice of application sent to Nassau County Planning Commission and they determined the Village has jurisdiction and may proceed with local determination. • Motion to Approve, Deny or Adjourn [2]