City Council
Regular MeetingWesthampton Beach, NY · March 19, 2020
Agenda
ZONING BOARD OF APPEALS AGENDA
Thursday, March 19, 2020, 5:00 P.M.
MUNICIPAL BUILDING, 165 MILL ROAD, WESTHAMPTON BEACH
ALL NEW INFORMATION MUST BE SUBMITTED BEFORE 3 P.M. ON MARCH 19, 2020
for the April 16, 2020, MEETING. IF THE BOARD RECEIVES NO NEW INFORMATION
OR REASON FOR ADJOURNMENT BY LETTER BY 3 P.M. ON MARCH 12, 2020 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
February 20, 2020
DECISIONS:
1. Crampton Society LLC, 119 Dune Road (905-021-03-008) Applicant seeks an
interpretation that the Building Inspector errored in his determination that the dwelling is located
within the primary dune area where restorations are prohibited and that the dwelling is located
within the secondary dune area where there is no prohibition of engaging in a restoration. In lieu
of a favorable determination by the Board, the applicant requests variances from §74-8 A(8) for
proposed additions and alterations that represent a restoration (exceeding 50% of the full
replacement cost of the existing dwelling) within a Coastal Erosion Hazard Area primary dune
area where prohibited. Irrespective of the above item, the applicant also requests variances from
§197-5 A(1) for proposed additions within a required yard (within 75’ of the crest of dune/rear
property line) where conformity is required for additions, from §197-8 E(1)(b) for a proposed roof
ridge height of 49.65 feet above sea level where the maximum permitted is 44 feet above sea level,
from §197-34 G for a proposed dwelling floor area of 6,907 square feet where the maximum
permitted is 6,000 square feet, and from §197-35 C for a proposed deck that extends 5 feet past
the crest of the dune (rear property line) where the minimum setback required is 75 feet.
2. Deborah Fein, 13 Beach Lane (905-011-03-011) Applicant requests variances from §197-
6 D to construct a dwelling with side yard setbacks of 11.5 & 14 feet where the minimum required
is 30 feet, and with a resultant combined side yard of 25.5 feet where the minimum required is 70
feet.
3. HCMC, 51 Old Riverhead Road (905-004-01-010) In association with a site plan
application to construct additions and convert a building for a contractors’ office use, applicant
requests variances from §197-5 A for proposed conversion of and additions to a nonconforming
building (substandard front yard setback) where conformity is required for additions and
alterations, from §197 Attachment 2 for a proposed front yard setback of 27.4 feet where the
minimum required is 50 feet, and from §197-80.7 F for a proposed rear yard setback of 49.3 feet
where the minimum required is 50 feet.
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NEW APPLICATIONS
4. Brennan & Sadie Diaz, 7 Bayfield Lane (905-10-4-41) Applicant requests variances
and/or interpretation that such variances are not required from §197-5 A(1) to legalize conversion
of a detached garage to a recreation room where the building is considered nonconforming as it is
attached to an apartment, and from §197-6 A(2) where converted recreation room use in an out-
building is deemed not to be normal and accessory to the principal single-family dwelling use.
5. James Traynor, 91 Old Riverhead Road (905-2-1-7.02) Applicant requests variances
from §197-5 A(1) for proposed conversion of a nonconforming building (substandard side yard
setback of 7.8’ & front yard setback of 22.7’) for Contractors’ Administrative Office Use where
conformity is required for alteration, from §197 Attachment 2 for proposed side yard setback of
the “Office 2” building of 20 feet and a combined side yard is 89.9 feet where the minimum
required is 50 & 100 feet respectively, and also from §197 Attachment 2 for proposed side yard
setback of the “Special Trade” building of 26 feet and a combined side yard of 89.1 feet where the
minimum required is 50’ & 100’ respectively.
Dated: March 9, 2020
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