ZONING BOARD OF APPEALS AGENDA
October 18, 2012 – 7:00 P.M.
MUNICIPAL BUILDING, 165 MILL ROAD, WESTHAMPTON BEACH
DECISIONS:
1.
Sprotte, 441 Dune Road, (905-17-05-8 and 9) Applicant requests area
variances from the following sections of Village Code to demolish an existing single
family dwelling and accessory structures and to construct a new two story dwelling with
porches, deck and septic system. The property is located in the R-3 zoning district.
Bring fill onto the property 5’ from the front property line when Chapter 197-27(D)
of the Village Code requires a minimum of 10’ set back.
A variance for 5405 sq. ft. floor area when Chapter 197-34.G of the Village Code
prohibits the floor area greater than 5,169 sq. ft.
Chapter 197-8(D) of the Village Code requires a front yard of 75” when applicant
proposes a front yard of 61.1’ from Dune Road, 17.4’ from West Walk and 58.2’
from Surf Walk in violation of Village Code.
Chapter 197-8.(C) of the Village Code requires a maximum lot coverage not to
exceed 20% when the applicant proposes a lot coverage of 26.4% in violation of
Village Code.
Chapter 197-8.(E) of the Village code prohibits a height of the dwelling greater
than 40’ above mean sea level and the applicant proposes a height of 44’ in
violation of village code.
Chapter 74-8.C of the Village Code prohibits new construction within the CEHA.
The applicant proposes to construct the dwelling, decks and porch within the
CEHA in violation of Village Code.
Chapter 197-35.C. prohibits accessory structures less than 20’ from any lot line.
The proposed accessory deck is located 15’ from the west lot line.
2.
John and Linda Saia, 18 Griffing Avenue, (905-13-04-11) Applicant requests a
variance to reconstruct, alter and additions to an existing dwelling. Applicant requests
variances for a minimum side yard of 25.4 on the north side and 25.7’ on the south side
when Chapter 197-6.D. prohibits minimum side yard setbacks of less than 30’.
Applicant also requests a total side yard of 51.1’ when Chapter 197-6.D. of the Village
Code prohibits a total side yard of less than 70’. Applicant also requests a variance for
26.9% lot coverage when Chapter 197-63.P.(1) of the Village Code prohibits a lot
coverage greater than 25% on lots with a tennis court. Applicant also requests a
variance to reconstruct and expand the third floor area when Chapter 197-6.E. of the
Village Code prohibits buildings greater than 2 stories.
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3.
Gary Nesbitt, Sweet Andy’s Cookies, 136 Old Riverhead Road, (905-1-01-4)
Applicant requests a variance to maintain a detached ground sign that was built without
permits that is located on a lot with a building that is located 11.8’ from the front lot line
when Chapter 197-30.C.(9) (a) of the Village Code does not allow ground signs on
properties with buildings less than 40 feet from the front property line. Applicant also
requests a variance to maintain the sign erected without permits 1.8’ from the front
property line and 6’ from the building setback line when Chapter 197-30. C. (9) (a)
prohibits a ground sign less than 10’ from the front property line and 10’ from the
building setback.
HOLDOVERS:
4.
EMK 137 Realty, LLC (True Value Hardware) 137 Montauk Highway, (905-52-5) Applicant requests a variance to demolish an existing 5.2 foot x 32.3 foot, 177.65
square foot storage building and expand to a 40.4 foot x 10.4 foot 420.16 square foot
storage building and create access to the storage building from Oak Street. Chapter
197-17.1, Table of Dimensional Regulations requires a minimum side yard of 20’ and a
total side yard of 50’ when the applicant is proposing a minimum side yard of 1’ and a
total side yard of 9’. Applicant also proposes a rear yard setback of 1.5’ when the
Village Code requires 50’. As provided in Chapter 197-69 of the Village Code, the
applicant also requests an interpretation that the Building Inspector was incorrect in
determining that the extra 242 square feet of storage requires two additional parking
spaces as an expansion of a retail use and instead requires no additional parking
because it is expansion of storage. Alternatively, if the Board does not overturn the
Building Inspector, the applicant requests a variance for two parking spaces as provided
for in Chapter 197-24 of the Village Code. The property is located in the B-2 Zoning
District.
5. Fair Coast Development LLC, 289 Dune Road, (905-19-04-4) Applicant requests
an interpretation of the CEHA Law Chapter 74-3 definition of “regulated activity” in that
the applicant believes a 1500 sq. ft. driveway and curbing does not meet the definition
of regulated activity and therefore would not be regulated under Chapter 74. If the
board believes the driveway is a regulated activity the applicant requests a variance
from Chapter 74-8.C. of the Village Code. The property is located on the north side of
Dune Road in the R3 Zoning District.
6. Sunset West LLC & Teserra LLC, (905-12-01-48.4,48.5,49) Applicant requests a
parking space variance from Chapter 197-21, schedule of off street parking spaces.
The parking variance request is for 18 spaces. The project will convert an existing 20,
750 sq. ft. bowling alley into a multi retail use store and construct two new 5,000 sq. ft.
retail stores which require 123 parking spaces when applicant can only provide 105
spaces. The parking Variance is requested as provided for under Chapter 197-24 of the
Village Code. The property is located in the B-1 Zoning District.
7.
Sukenik, 3 Short Path, (905-10-05-4) Applicant requests area variances to
construct a 1st and 2nd floor addition with a minimum side yard of 27.2’ and a total side
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yard of 47.5’ when Chapter 197-6.D. of the Village Code prohibits a minimum side yard
of less than 30’ or a total side yard of less than 70’.
NEW APPLICATIONS:
8.
BBDB Real Estate, LLC, 211 Dune Road, (905-20-02-6) Applicant requests an
area variance to enlarge a nonconforming building in violation of Chapter 197-5 and to
construct an addition 17.9’from the west side property line when Chapter 197-8.D. of the
Village Code prohibits a minimum side yard of less than 20’. The property is located in
the R-3 zoning district on the south side of Dune Road.
9.
Yardarm Beach Condo 1, 259 Dune Road, (905-19-1-14, 15, 16 and 17)
Applicant requests a Special Exception permit from the Board of Zoning Appeals to
reconstruct stair towers on the yardarm Beach Condo. The property is located in the R3 Zoning district on the South side of Dune Road. The property is a multi-family
nonconforming use and the request for the Special Exception Permit is being made as
provided for in Chapter 197-29.C.(1) of the Village Code.
Dated: October 1, 2012
By Order of the Board of Trustees
Village of Westhampton Beach
By: Rebecca Molinaro, Village Clerk
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