City Council

ZONING BOARD OF APPEALS AGENDA Thursday, August 15, 2019, 5:00 P.M. MUNICIPAL BUILDING, 165 MILL ROAD, WESTHAMPTON BEACH ALL NEW INFORMATION MUST BE SUBMITTED BEFORE 3 P.M. ON August 22, 2019 for the September 19, 2019, MEETING. IF THE BOARD RECEIVES NO NEW INFORMATION OR REASON FOR ADJOURNMENT BY LETTER BY 3 P.M. ON August 8, 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 July 18, 2019 DECISIONS: 1. 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. 2. Newman/Corre, 307 Dune Rd, Westhampton Beach (905-018-02-029) Applicant requests variances from §74-8 C to construct accessory structures within the Coastal Erosion Hazard Area, from §197-8 C for a building lot coverage of 28.2% where the maximum permitted is 20%, from §197-8 D to construct a dwelling with a side yard of 15 feet and a combined side yard of 40.8 feet where the minimum required is 20 & 50 feet respectively, from §197-27 D to place fill for a sanitary system 5 feet from the property line where the minimum setback required is 10 feet, from §197-35 B(1) to construct an accessory equipment platform in the side yard where accessory structures must be constructed in the front or rear yard, and variances from §197-35 C to construct a deck 32.7 feet from the crest of the dune and a pool 51.7 feet from the crest of the dune where accessory structures must be setback 75 feet from the crest of the dune, and to construct accessory decks 10.9 & 15 feet from property lines and a cabana and equipment platform 10.9 feet from property lines where the minimum setback required for accessory structures is 20 feet. 3. Schlusselberg Family Limited Partnership, 24 East Division Street, (905-010-07-030) Applicant requests relief from a denial from the Architectural Review Board pursuant to §5-19 B to construct a single-family dwelling with associated site improvements as designed. 1 HOLDOVERS: 4. 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. 5. Flavio Sinchi, 33 Oak St, Westhampton Beach (905-008-03-020) Applicant requests a variance from §197-5 A(1) to construct a dormer addition within the required front and rear yards on a dwelling with preexisting nonconforming front and rear setbacks where conformity is required for additions, and a variance from §197-9 D to construct a front porch with a front yard setback of 18 feet where the minimum required is 40 feet. NEW APPLICATION: 6. DeMartino, 43 Rogers Ave, (905-6-1-31) Applicant requests a variance from Section 197-5 A(1) to construct a one- and two-story addition to a single-family dwelling with a combined side yard of 31.6 feet where the minimum required is 40 feet, and from Section197-35 C to construct a detached garage 10’ from side and rear property lines where the minimum setback required is 15 feet. 7. L & P Associates LLC, 345 Dune Rd, (905-18-2-9) Applicant requests variances from Section 74-5 C(2) to construct structures within the Coastal Erosion Hazard Area, from Section197-8 C for a proposed building lot coverage of 24.7% where the maximum permitted is 20%, from Section197-8 D to construct a dwelling with a combined side yard of 41 feet where the minimum required is 50 feet and also for a rear setback of 62.2 feet from the crest of the dune where the minimum required is 75 feet, from Section 197-8 E to construct a dwelling with three stories above grade where the maximum permitted is two stories, and from Section197-35 C to construct an accessory pool and deck 35.2 & 32.1 feet, respectively, from the crest of the dune where the minimum required is 75. 8. Donna McDonough, 24 Point Road, (905-17-3-25) Applicant requests variance from Section 197-27 D to bring in fill 1’ from the North, East and South lot line where the minimum setback is 10 feet, and from §197-35 C to erect an attached deck in the front yard where accessory structures are only permitted in the rear yard. Dated: August 12, 2019 2