After waiting approximately an hour for executive session to commence at the Village of Manorhaven Board of Zoning Appeals (BZA) meeting on Feb. 6, Albert D’Agostino, Esq. appeared on behalf of the applicant for a property located at 59 Orchard Beach Blvd. in Port Washington to ask the BZA for an adjournment, leaving many residents throughly disappointed.
The address has an unclear history, with multiple plans, excluding an exterior drawing, of similar appearance—both stamped and unstamped by past and present superintendents of buildings, making it ambiguous as to what was approved—at village hall.
The application before the board sought three variances from the village code to construct a building with a building area of 45.02 percent of the lot area, where the maximum permitted is 35 percent; to maintain the eaves that project into the side yards by 42 inches when cornices, eaves and gutters cannot project more than 24 inches into the side yards; and to maintain an open side entry leading to the second floor under both the left and right side of the building when the code does not permit entry stairs on the side of the structure leading to a second story, either open or enclosed, covered or uncovered.
This property has appeared before the board numerous times in the past year with amendments to the site-plans. But since October 2019, the applicant has continually asked for an adjournment.
“As you may or may not be aware recently, there was another issue that came up,” D’Agostino said. “The village was very cordial in trying to get me information as quickly as possible, including last Saturday. But there are a number of issues that we have to look at, and go back to our engineers on. We respectfully request that this hearing be adjourned so we can address those issues.”
Residents were throughly disappointed that the application was dismissed after several months of continued adjournments.
“I can understand that something came up, and in all fairness, they need time to see how they are going to handle it,” resident Nick Marra said. “But I would like to be on the record saying there are other issues going on there and I hope after they get over this next bump in the road [that we get] to hear what they have to say about the other problems going on down there.”
One resident, Alice Aboody, who lives near the 59 Orchard Beach Blvd. property was particularly upset regarding the adjournment.
“We can keep reviewing and we reach a point where there has to be some sort of agreement and then something else pops up. This is not finishing,” Aboody said.
According to both the village clerk and the applicant there have been significant site-plan amendments made since the last adjournment.
“The documents that are submitted to the village have proposed amendments to the structure that deal with the side of the building [and] the terrace in the back,” Jeffrey Blinkhoff, the BZA attorney, said. “I’m not saying in the end whether that would be agreed to or approved of by the board, but during the time in between hearings, if residents have not had the opportunity to look at those amended plans, you may want to do so.”
D’Agostino assured the residents and the board that they are not purposely delaying this application.
“I want to ensure everybody that there is no intent here to delay for the sake of delaying,” D’Agostino said. “I believe everything in response to those questions thus far has been answered. I would encourage residents to take a look at what the proposed revisions are. They may be acceptable, they may not be, or there may be other concerns.”
The Port Washington News was unable to schedule an appointment before the time of publication, due to the fact that the deputy clerk was unavailable. The site-plan application for the 59 Orchard Beach Blvd. was adjourned until the next board of zoning appeals meeting, which will take place on March 10 at 6:30 p.m.