City Council
Regular MeetingWesthampton Beach, NY · September 15, 2022
Agenda
ZONING BOARD OF APPEALS AGENDA
Thursday, September 15, 2022, 5:00 P.M.
MUNICIPAL BUILDING, 165 MILL ROAD, WESTHAMPTON BEACH
MINUTES TO BE APPROVED
August 18, 2022
DECISIONS
1. WHB Development Partners LLC, 107 Old Riverhead Road (905-022-02-
021) Applicant requests variances from §197-30 C(9)(c) for proposed ground mount sign
lettering of 38 inches in height where the maximum permitted is 12 inches, from §197-30 C(9)(c)
for a proposed ground mount sign area of 32 square feet where the maximum permitted is 25
square feet, from §197-30 C(20)(b) for proposed wall sign letters of 36 inches in height where
the maximum permitted is 12 inches, and from §197-30 D(14) for proposed digital gas price
ground sign which is internally illuminated where specifically prohibited.
2. Athanasios Polydor, 40 Library Avenue (905-011-03-020.03) Applicant requests
variances from §197-11 D(1) to construct an addition with a proposed front yard setback of 20.4
feet where the minimum required is 40 feet.
3. Shirley Tong, 29 Maple Street (905-005-01-033) Applicant requests variance from
§197-29.1 A for a proposed addition located partially within the required side yard (13.9’
proposed, 15’ required), representing a prohibited increase in the degree of nonconformity of a
dwelling with preexisting nonconforming side yard setback.
4. 85 & 105 Montauk LLC, 85, 105 Montauk Hwy & 105 Oak St (905-005-01-012, -
053.01 & -052.02) Applicant requests variances from §197-17.1 to reconstruct a restaurant with
proposed front yard setbacks of 10.5 & 20.2 feet (corner lot) where the minimum required is 50
feet, and from §197-63 B for proposed transitional front yard of 10.5 feet to the building and
10.8, 12 & 24 feet to the parking areas where the minimum required is 30 feet.
HOLDOVERS:
5. Egret Dune Corporation, 95 Dune Road (905-021-04-002) Applicant requests
variances from §197-8 D for proposed side yard setbacks of 6 & 10 feet where the minimum
required is 20 feet with a proposed combined side yard setback of 16 feet where the minimum
required is 50 feet, from §197-35 C for proposed accessory deck with setbacks of 6 & 10 feet
where the minimum required is 20 feet, and also from §197-35 C for proposed accessory pool
with setbacks of 10 feet where the minimum required is 20 feet.
6. Michael & Elizabeth Levy, 205 Dune Road (905-020-02-008) Applicant requests
variances from §74-5 C for proposed major additions to the dwelling (nonmovable structure)
within the Coastal Erosion Hazard Area (CEHA) where specifically prohibited, from §74-8 A(8)
for proposed major additions and restoration of the dwelling within the primary dune area where
specifically prohibited, and from §197-29.1 A as proposed additions are located within a
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required rear yard (75’ required from crest of dune), representing a prohibited increase in degree
of nonconformity of a building with nonconforming rear yard setback.
7. First Dunes Development 496 LLC, 496 Dune Road (905-016-01-019) Applicant
requests variances from §197-8 B for a two-lot subdivision with proposed lot areas of 13,211 &
15,022 square feet where the minimum required is 20,000 square feet and featuring proposed lot
widths of 80.47 & 79.53 feet where the minimum required is 100 feet. Applicant also requests
variances associated with proposed single-family development of the two potential lots from
§197-8 C for proposed building area coverage of 23.4% for “Lot 1” and 22.6% for “Lot 2” where
the maximum permitted is 20%, from §197-8 D for proposed side yard setbacks of 10 & 15 feet
for both lots where the minimum required is 20 feet with proposed combined side yard setbacks
of 25 feet where minimum required is 50 feet, from §197-35 C for proposed deck setbacks of 10
& 15 feet for both lots where the minimum required is 20 feet, and also from §197-35 C for a
proposed pool setback for of 15 feet for “Lot 1” where the minimum required is 20 feet and for a
proposed pool setback of 10 feet for “Lot 2” where the minimum required is 20 feet.
NEW APPLICATION:
8. Frances Kweller, 143 Beach Road (905-007-02-011) Applicant requests variances from
§197-43 A(1) to legalize a fence erected in the front yard (corner lot) of 6 feet in height where the
maximum permitted is 4 feet, and from §197-35 C to legalize a freestanding sauna erected with a
setback of 9.5 feet where the minimum required is 20 feet.
9. Michael Cavanagh, 28 Halsey Ave (905-009-02-014) Applicant requests variance from
§197-35 C for proposed accessory structures located in the side yard where not permitted.
10. Lee & Carolyn Renzin (905-008-08-003) Applicant requests variances from §197-7 C to
construct a swimming pool that will result in a building area lot coverage of 21.7% where the
maximum permitted is 20%.
Dated: August 2, 2022
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