City Council

ZONING BOARD OF APPEALS AGENDA Thursday, April 18, 2019, 5:00 P.M. MUNICIPAL BUILDING, 165 MILL ROAD, WESTHAMPTON BEACH ALL NEW INFORMATION MUST BE SUBMITTED BEFORE 3 P.M. ON APRIL 19, 2019 for the MAY 16, 2019, MEETING. IF THE BOARD RECEIVES NO NEW INFORMATION OR REASON FOR ADJOURNMENT BY LETTER BY 3 P.M. ON MARCH 14, 2019 THE APPLICATION WILL BE DENIED WITHOUT PREJUDICE. APPLICANT OR HIS REPRESENTATIVE MUST BE PRESENT AT THE MEETING OR THE CASE MAY NOT BE HEARD AT THE BOARD’S DISCRETION. MINUTES TO BE APPROVED March 21, 2019 DECISIONS: 1. Brendan Brogan, 213 Dune Road (905-20-2-5) Applicant requests a variance to demolish existing structures and construct a new single-family dwelling, decks, swimming pool and septic system. The property is located in the B-3 Zoning District. The application shows decks on the East and West side of the dwelling and not in the front or rear yards as required by Chapter 197-35. B. (1) of the Village Code. Accessory structure decks and spa on the East side of the dwelling are located 8.7’ from the property line when Chapter 197-35. C. of the Village Code requires 20’. Accessory structure decks on the West side of the dwelling are located 17.9’ from the property line when Chapter 197-35. C. of the Village Code requires 20’. The dwelling has a minimum side yard setback of 16.4’ on the East side and a total side yard of 38.3’ when Chapter 197-8. D. requires 20’ and 50’ respectively. Accessory structure decks on the South side of the dwelling are located 30.2’ from the Crest of the Dune when Chapter 197-35. C. of the Village Code requires 75’. The swimming pool is located 17.7’ from the East property line when chapter 197-35.C. of the Village Code requires 20’. The applicant proposes a rear yard setback to the Crest of the Dune of 34.2’ when Chapter 197-8. D. requires 75’ minimum. The applicant proposes lot coverage of 39.2% when Chapter 197-8. C. allows a maximum of 20%. The applicant proposes to place fill 5’ from the property line on the North and East side of the property when Chapter 197-27. D. prohibits fill less than 10’ from the property line. 1  The dwelling is being constructed win thin the Coastal Erosion Hazard Area when Chapter 74-8. C. (Coastal Erosion Management) of the Village Code prohibits new construction within the dune area. 2. Garg, 136 Beach Lane, Westhampton Beach (905-15-5-11.4) Applicant requests variances to construct a garage addition to an existing single-family dwelling. The garage addition is located 21.2’ from the North side yard and the total side yard is 50.8’ When Chapter 197-6.D. requires 30’ and 70’ respectively. The proposed lot coverage is 27.27’ when Chapter 197-63.P. allows a 25% maximum for a lot with an approved tennis court. The property is located in the R-1 Zoning District. 3. Judith Madden, 64 Brook Road, Westhampton Beach (905-7-2-21.1) Applicant requests variances to maintain a newly constructed dwelling with a 49’ front yard when Chapter 197-7.D. requires 50’. The property is located in the R-2 Zoning District. 4. Richard Ferrucci, 19 South Road, Westhampton Beach (905-9-3-14) Applicant requests a variance to construct a swimming pool, hot tub and patio that is located in the side yard of the principal dwelling. Chapter 197-35.A. of the Village Code allows accessory structures in the rear yard only. The property is located in the R-1 Zoning District. HOLDOVERS: 5. Andersen-Kuntz 97 Hazelwood, Westhampton Beach (905-2-2-20.2 ) Applicant requests an interpretation of the village code that the Building Inspector errored when he determined that the nonconforming use on the property had been “discontinued” as provided for in chapter 197-29.E. of the Village Code. In lieu of a favorable determination by the Board the applicant requests a use variance from Chapter 197-5.A.(1) to allow multiple contractors offices with workshops and storage. The property is located in the MF-20 Zoning District. 6. Donna McDonough, 24 Point Road, Westhampton Beach (905-17-3-25) Applicant requests variances to bring in fill 5’ from the North, East and South lot line when Chapter 197-27.D. of the Village Code requires a minimum of 10’ setback. The applicant also proposes a deck in the required front yard in violation of Chapter 197-35.C. of the Village Code which requires accessory structures in the rear yard only. The property is located in the R-5 Zoning District and the Flood Plain. 7. 123 Dune Road, LLC., 123 Dune Road, Westhampton Beach (905-21-3-7) Applicant request variances to demolish an existing swimming pool, patio, and dwelling entrance stairs. The proposed lot coverage will be 31.24% when Chapter 197-8.C. and 197-63.P (1) prohibits more than 25% lot coverage on a lot developed with a tennis court. The property is located in the Flood Zone and the R-3 Zoning District. 8. Inlet View Property Management LLC ., 160 Montauk Highway, (905-6-1-19) Applicant requests variances to construct a new 4,075 square foot addition to the existing retail Beverage Barn. The applicant requests the following variances to accomplish the addition. The property is located in the B-2 Zoning District. Proposed lot coverage of 21.93% when Chapter 197-17.1 allows a maximum of 20% Proposed building setback of 30.5’ from Pine street when Chapter 197-17 requires 50’. 2  Parking is proposed within the 30’ Buffer Zone on Pine Street when Chapter 197-63. G.(11)(b) prohibits encroachments into the buffer. The dumpster is located within 20’ of the front lot line in violation of Chapter 96-13 and 197-63. G.(11)(b) The proposed project provides 52 parking spaces when Chapter 197-19 and 197-21 require 54 spaces. 9. Gilles Dellaert and Inge Debyser, 20 Seafield Lane, Westhampton Beach (905-14-2-8.2) Applicant requests an Appeal on a decision made by the Architectural Review Board as provided for in Chapter 5-19.A. of the Village Code. The Findings of Fact as required under Chapter 5-19.A. were issued by the Architectural Review Board on October 16, 2018. The property is located in the R-1 Zoning District. 10. Kevin Minassian, 16 Michaels Way, Westhampton Beach (905-9-3-17.8) Applicant requests a variance to construct a garage located 10’ from the East property line when Chapter 197-35.C. of the Village Code prohibits accessory structures less than 20’ from the lot line. The property is located in the R-1 Zoning District. NEW APPLICATIONS: 11. Michael and Kerry Pasquale, 50 White Oak Lane (905-9-1-8) Applicant requests variances to construct additions and alterations to an existing single-family dwelling. The proposed alterations will create a minimum side yard of 24.8’ and a total side yard of 53.1’ when Chapter 197-6.D. requires 30’ and 70’ respectively. The property is located in the R-1 Zoning District. 12. Bennett-Goldman Family Revocable Trust, 54 Oak Street (905-5-3-22) Applicant requests a variance to convert an existing accessory building to an accessory apartment as defined in Chapter 197-93 of the Village Code on a parcel of land located in the R-4 Zoning District. The proposed accessory apartment will be located in an existing building 6.9’ from the rear property line when Chapter 197-93.2.B. (6) prohibits any dimensional non-conformities greater than 70%. In the R-4 Zoning District, accessory structures must be 15’ from any yard which would require an accessory structure to be used as an apartment to be no less than 10.5’ from the rear lot line. This request is for dimensional relief only. The applicant must also show compliance with the General and Special Standards as outlined in Chapter 197-93.2. of the Village Code, including but not limited to proof that this property is the owner’s domicile or principal place of abode. Dated: April 1, 2019 3