Board of Zoning Appeals

MINUTES BOARD OF APPEALS VILLAGE OF HEWLETT BAY PARK 30 PIERMONT AVENUE HEWLETT BAY PARK, NEW YORK June 2, 2022 Present: Leonard Schiffman, Chair Richard Rubel, Stella Gershfeld and Lee Schlussel, Members Dana Garraputa, Deputy Village Clerk Brian S. Stolar, Esq., Village Attorney The meeting was called to order at 7:00 p.m. The Board opened the public hearing on the application of Craig and Stephanie Levitz, 171 Woodside Drive, Hewlett Bay Park, New York, to construct a pergola, where such construction requires variances of the following Village Code sections: (a) 146- 13.1, to permit impervious coverage of 18,365.87 square feet, where a maximum of 17,084.1 square feet is permitted, and (b) 146-20, to permit a rear yard setback of 27.9 feet, where a minimum of 35 feet is permitted. Premises are also known as Section 41, Block C, Lot 630 on the Nassau County Land and Tax Map. The minutes of the hearing were stenographically transcribed. The applicant was represented by Thomas Domanico. The applicant submitted plans providing a correction of the total impervious coverage indicating that the coverage is 17,824.34 square feet. The plans submitted were last revised on 6/2/2022. The Board closed the public hearing, and reserved decision. The Board discussed the Levitz application. After such discussion, on motion duly made the Chair, seconded by Mr. Rubel, and adopted unanimously, the Board declared itself to be the lead agency under the New York State Environmental Quality Review Act (“SEQRA”) and determined that the relief requested is a Type II matter under SEQRA which requires no environmental review.  The Board then discussed the variances required. The Board noted that the rear yard of the property abuts property in the Town of Hempstead, which permits accessory structures to be located within 4 feet of a rear property line, and that the Board considered this circumstance in rendering a determination regarding the rear yard setback. On motion duly made by the Chair, seconded by Mr. Rubel, and adopted unanimously, the Board granted the variances as indicated in the updated plans (with an impervious surface coverage of 17,824.34 square feet), in accordance with a short- form format authorized by Village Code §146-33.1, subject to the following conditions: (a) the work shall be constructed in conformity with the amended plans, as the Board grants herein only those amended variances as identified above, (b) no later than six (6) months after the filing of this decision with the Village Clerk the property owner shall obtain all required licenses and permits, and (c) no later than one (1) year from the date of permit issuance, the property owner shall obtain all required certificates of occupancy and/or completion, to the extent approved herein. There being no further business, the meeting was adjourned at 7:35 p.m. THE ABOVE MINUTES WERE FILED IN THE OFFICE OF THE VILLAGE CLERK OF THE INCORPORATED VILLAGE OF HEWLETT BAY PARK AT TIME: ______A.M./P.M. ON DATE: _________________, 2022 BY (Month) (Day) ________________________________ Dr. Leonard Schiffman, Chairman 4816515