Board of Zoning Appeals
Regular MeetingHewlett Bay Park, NY · November 1, 2022
Minutes
MINUTES
BOARD OF APPEALS
VILLAGE OF HEWLETT BAY PARK
30 PIERMONT AVENUE
HEWLETT BAY PARK, NEW YORK
November 1, 2022
Present: Leonard Schiffman, Chair
Michael Schamroth, Stella Gershfeld and Lee
Schlussel, Members
Dana Garraputa, Deputy Village Clerk
Brian S. Stolar, Esq., Village Attorney (via Zoom)
Dennis Fromigia, Building Inspector (via Zoom)
The meeting was called to order at 7:02 p.m.
The Board discussed a written request made by the Harry Silber Revocable
Trust, 115 Everit Avenue, Hewlett Bay Park, New York, to reopen a hearing on an
application to maintain 6 air conditioning units, which requires variances of Village Code
§146-10, in that the air conditioner condensing units will be 17.5 feet from the side
property line, where a minimum of 30 feet is required. The Board permitted Sasha Berg
to speak on behalf of the requestor. After hearing the comments and acknowledging
that the Board could not reopen the hearing unless all members present voted in favor
of such reopening and at least one Board member indicated that he would not vote in
favor of reopening, the Board took no action on the request.
The Board opened the public hearing on the application of Herrick Lipton, 209
Cedar Ave, Hewlett Bay Park, New York, to construct a new dwelling, pool house,
swimming pool, patio, and sport court , where such construction requires a variance of
Village Codes (a) §146-9(c)(b), to permit a sports court to be constructed 30 feet 3 ¾
inches from the rear property line, where a minimum setback of 35 feet is required, (b)
§146-10, to permit three air conditioning units to be 26 feet from the side property line,
where there shall be a minimum setback of 30 feet, (c) §146-12, (i) to permit a side
height setback ratio on the south side of 1.42, (ii) to permit a north side height setback
ratio of 0.95, where a maximum of 0.85 is required, (d) §146-18, (i) to permit a south
side yard setback from the egress window well to be 15 feet, (ii) to permit a south side
yard setback from the dwelling to be 20 feet, (iii) to permit a south side yard setback
from the rear raised patio to be 20 feet, (iv) to permit a south side yard setback for the
front porch to be 20 feet, where a minimum side yard setback is 30 feet. Premises are
designated as Section 41, Block 004, Lot 04 on the Nassau County Land and Tax Map.
The minutes of the hearing were stenographically transcribed. Herrick Lipton
and Warren Bohn presented the application.
The Board noted that the requests were excessive, given that the proposal
included a new dwelling and site improvements and was not limited by existing site
conditions related to an existing dwelling. On motion by Mr. Schamroth, seconded by
Mr. Schlussel, and adopted unanimously, the Board voted to continue the hearing to
December 1, 2022, at 7:00pm.
The Board noted that it had received notification from Shlomo and Elizabeth
Birnbaum, 170 Woodside Drive, Hewlett Bay Park, New York, indicating that they were
not available and requested an adjournment of their application to construct a pool
house, where such construction requires a variance of Village Code §146-20, to permit
the pool house to be 18 feet from the rear property line, where a minimum of 35 feet is
required. On motion by Mr. Schamroth, seconded by Mr. Schlussel, and adopted
unanimously, the Board granted the adjournment request and adjourned the hearing to
December 1, 2022, at 7:00pm.
There being no further business, the meeting was adjourned at 7:59 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
(Month) (Day)
BY:_______________________________
Dr. Leonard Schiffman, Chairman
4816515
Agenda
Village of Hewlett Bay Park
Board of Zoning Appeals
Village Hall 30 Piermont Ave, Hewlett NY
Call meeting to order: November 1, 2022 at 7:00pm at Village Hall
Board Members: Chairman Leonard Schiffman, Michael Schamroth
Stella Gershfeld, Lee Schlussel
Village Attorney: Brian Stolar Secretary to the Zoning Board: Dana Garraputa
Building Inspector: Dennis Fromigia
i. Open Hearing
Request to re-open the case:
Subject: Application of Levi Cohen and Jeffrey Silber, as Trustees of the Harry Silber Revocable
Trust, , 115 Everit Avenue, Hewlett Bay Park, New York, to maintain 6 air conditioning units, which
requires variances of Village Code §146-10, in that the air conditioner condensing units will be 17.5
feet from the side property line, where a minimum of 30 feet is required, Premises also are known
as Section 42, Block 19, Lot 8 on the Nassau County Land and Tax Map.
Motion to re-open- All members must approve in order to re-open the case.
o Approved Deny
ii. Open Hearing
Application of Herrick Lipton, 209 Cedar Ave, Hewlett Bay Park, New York, to construct a new dwelling,
pool house, swimming pool, patio, and sport court , where such construction requires a variance of
Village Codes (a) §146-9(c)(b), to permit a sports court to be constructed 30 feet 3 ¾ inches from the
rear property line, where a minimum setback of 35 feet is required, (b) §146-10, to permit three air
conditioning units to be 26 feet from the side property line, where there shall be a minimum setback of
30 feet, (c) §146-12, (i) to permit a side height setback ratio on the south side of 1.42, (ii) to permit a
north side height setback ratio of 0.95, where a maximum of 0.85 is required, (d) §146-18, (i) to permit a
south side yard setback from the egress window well to be 15 feet, (ii) to permit a south side yard
setback from the dwelling to be 20 feet, (iii) to permit a south side yard setback from the rear raised patio
to be 20 feet, (iv) to permit a south side yard setback for the front porch to be 20 feet, where a minimum
side yard setback is 30 feet. Premises are designated as Section 41, Block 004, Lot 04 on the Nassau
County Land and Tax Map.
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
o Motion made by:
o Second:
[1]
Village of Hewlett Bay Park
Board of Zoning Appeals
Village Hall 30 Piermont Ave, Hewlett NY
iii. Open Hearing – Applicants request an adjournment to the next meeting date.
Application of Shlomo and Elizabeth Birnbaum, 170 Woodside Drive, Hewlett Bay Park, New York, to
construct a pool house, where such construction requires a variance of Village Code §146-20, to permit
the pool house to be 18 feet from the rear property line, where a minimum of 35 feet is required.
Premises are designated as Section 41, Block 4, Lot 4 on the Nassau County Land and Tax Map.
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
o Motion made by:
o Second:
[2]
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