City Council

ZONING BOARD OF APPEALS AGENDA Thursday, November 17, 2022, 5:00 P.M. MUNICIPAL BUILDING, 165 MILL ROAD, WESTHAMPTON BEACH MINUTES TO BE APPROVED October 20, 2022 DECISIONS 1. 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. 2. 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. HOLDOVERS: 3. 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 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. 4. 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%. NEW APPLICATIONS 5. Stuart & Pauline Olsen, 351 Dune Road (905-018-02-007) Applicant requests variance from §197-35 C for a proposed accessory deck extension with setbacks of 11.7 feet (side) & 50.4 feet (rear to crest of dune) where the minimum required is 20 & 75 feet, respectively. 6. Lisa Canty, 443A Dune Road (905-017-05-007) Applicant requests variances from §197-8 D for a proposed addition with side yard setbacks of 5.5 & 8 feet where the minimum required is 20 feet, and with a resultant combined side yard setback of 13.5 feet where the minimum required is 50 feet. 7. DLV DD LLC, 379 Dune Road (905-017-05-055.01) Applicant requests variances from §197-8 E for a proposed addition that represents a third story where the maximum permitted stories is two, from §197-29 C(2)(b) as the proposed addition represents a prohibited increase number of stories of a building with a preexisting nonconforming use not permitted, and also from §197-29 C(2)(c) as the proposed addition represents an increase in floor area of a building with a preexisting nonconforming use. 1 8. Sandpiper at Westhampton Beach, 476 Dune Road (905-016-01-027.03) Applicant requests permit from the Zoning Board of Appeals under §197-29 C(1) for a proposed addition & deck extension to a preexisting nonconforming accessory condominium clubhouse where a special permit is required for additions to a nonconforming use, and variances from §197-29 C(2)(c) for proposed addition to a preexisting nonconforming accessory condominium clubhouse which represents a prohibited increase in gross floor area devoted to the nonconforming use, and from §197-29.1 A for proposed addition that is located within the required front yard (29.3’ proposed, 50’ required) representing a prohibited increase in the degree of nonconformity of a building with a nonconforming front yard setback. 9. Peter Goldstone, 417B Dune Road (905-017-05-033) Applicant requests variances from §74-5 C(2) as the proposed dwelling is prohibited construction of a nonmovable structure within the Coastal Erosion Hazard Area, from §74-8 A as the proposed dwelling construction is in a primary dune area where prohibited, and from §197-34 A(5) as the proposed habitable area of the dwelling (1,668 SF) is 32.7% of the total lot area where the maximum permitted is 20%. Dated: November 7, 2022 2