INCORPORATED VILLAGE OF GREAT NECK
ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARING
733-741 MIDDLE NECK ROAD, 6 & 8 North Road, 7 Hicks Lane
Section 1/Block 1/Lot(s) 5, 106, 212, 115, 11
Zone: Residence E or Apartment District Middle Neck Rd Multifamily Incentive Overlay District
(MNR-MIO) and Resident C District
PLEASE TAKE NOTICE, that the Zoning Board of Appeals of the Village of Great Neck shall hold a virtual public hearing via Zoom on Thursday, September 3, 2020 at 7:30PM at https://us02web.zoom.us/j/88356725404 or by calling 1 929 436 2866, Meeting ID 883 5672 5404. For assistance please contact Village Hall.
The Zoning Board of Appeals of the Village of Great Neck shall hear the application of Yosef Shemtov, applicant, represented by, Gad Ashoori, engineer, for the premises at 733-741 Middle Neck Road, 6 & 8 North Road, 7 Hicks Lane in Great Neck. The applicants are seeking the following variance(s) from the Village Zoning Codes:
§ 575-77 Use—for residential C district (6 & 8 North Rd) states that a building may be erected, altered or used and a lot or premises may be used for any of the purposes set forth in this section and for no other, a single-family detached dwelling. You will need to obtain a variance from the Zoning Board of Appeals for the proposed multi-family dwelling. We also note that the material attached to the application indicates the applicant wishes to merge 3 lots into one. If so, such a merger may require subdivision approval.
§575-105 Use—Multifamily dwellings remain subject to site plan approval from the Board of Trustees. This is required after all variances are granted by the BZA.
§ 575-106 Height. Residence E
B. The maximum height for a multifamily dwelling shall not exceed 31 feet
The design proposes 44’ height (53’ to top of Bulkhead). A zoning restriction adjustment of 13’ is required.
§575-78 Height. Residence C
The maximum height of a building shall not exceed 30 feet or 22 feet at the eaves.
The design proposes 44’ height (53’ to top of Bulkhead). A zoning restriction adjustment of 23’ is required.
§575-110 Density for multifamily dwellings and townhomes. Residence E
A. The maximum density for a multifamily dwelling shall be at the ratio of 43 dwelling units per acre.
The property is a total of 34,849 sq ft which is .8 of an acre which would allow for 34 dwelling units. The design proposes 60 dwelling units requiring a variance of 26 dwelling units.
§ 575-111 Building area. Residence E
A. The building area for multifamily dwellings and townhomes shall not exceed 60% of the lot area.
The property allows for up to 20,909 sq. ft of building area. The design proposes 22,846 sq. ft which is 65.5% of the lot area requiring a variance for 1,937 sq. ft.
§ 575-80 Building area. Residence C
For single-family dwelling use, the building area shall not exceed 35% of the lot area. It is unclear as to precisely what portion of the proposed building area will be in Res C; however, depending on same, a variance for Building area may be required.
§ 575-112 Front yards. Residence E
B. On a corner lot, a front yard shall be required on each street, each having a depth of not less than 15 feet from the property line and 21 feet from the curb, unless otherwise approved by the Board of Trustees.
The proposed front yard set back on Middle Neck Rd to the property line is 10 feet from the building and 20 feet from the curb. The proposed front yard setback on North Rd to the property line is 9 feet from the building and 19 feet from the curb. This requires variances on Middle Neck Rd of 5 feet from the building to the property and of 1 foot from the building to the curb and on North Rd of 6 feet from the building to the property line and 2 feet from the building to the curb.
§ 575-84 Front yards. Residence C
All lots shall have at least one front yard. A corner lot shall have a front yard on each public street on which the lot abuts. All front yards shall have a minimum depth equal to the greater of 20 feet or the average depth of the front yards of other lots which are on the same block front and within 200 feet.
The design proposes a front yard setback of 9’. The applicant should determine the average depth of the front yards on the same block within 200’ and determine what variance will be needed.
§575-113 Side yards. Residence E
The minimum side yard setback for each side yard shall be 10 feet, which area shall be landscaped, except for necessary access drives, parking, and walkways, in accordance with a plan approved as part of the site plan approval.
The proposed side yard setback is 0 feet on the south and southwest sides.
§ 575-85 Side yards. Residence C
D. On an interior lot, a building other than a single-family dwelling shall have two side yards, neither of which shall be less than 20 feet
The proposed design calls for a side yard of 10’ on the east side and 0’ on the west requiring a variance of 10’ on the east side and 20’ on the west side of the lot.
§ 575-114 Rear yards. Residence E
There shall be a rear yard, the depth of which shall not be less than 25 feet.
The proposed rear yard setback is 15 feet. This requires a variance of 10 feet.
§ 575-86 Rear yards. Residence C
There shall be a rear yard, the depth of which shall be 25 feet plus 1/4 of the depth of the lot in excess of 100 feet.
The lot depth is 174’ which requires a rear yard of 43.5’. The proposed design calls for a rear yard of 10’ requiring a variance of 33.5’.
§ 575-115.3 Permitted encroachments. Residence E
F. Unenclosed and unroofed platform and steps, designed to provide safe access to grade from service entrance doors, projecting not more than three feet six inches into a minimum side yard. The maximum horizontal surface of any encroaching platform shall not exceed 14 square feet.”
The proposed encroachment on Middle Neck Rd is 10 feet and on North Rd is 9 feet. This requires a variance of 6 feet 6 inches on Middle Neck Rd and a variance of 5 feet 6 inches on North Rd.
§ 575-87 Permitted encroachments. Residence C
A 6. Unenclosed and unroofed platform and steps, designed to provide safe access to grade from service entrance doors, may extend not more than three feet six inches into a minimum side yard. The maximum horizontal surface of any encroaching platform shall not exceed 14 square feet.
B. In any case where the Board of Appeals has diminished a required yard by a variance, the foregoing permitted encroachments shall be reduced to the extent of such diminution.
The applicant should determine the variances will be needed.
§ 575-155 Parking in residence districts. Residence E
B. (a)There shall be provided, on each lot or premises on which a multifamily dwelling is erected, altered, or used, accessory parking facilities for the use of the occupants of such buildings, which facilities shall include two parking spaces for each one-bedroom and two-bedroom unit and three parking spaces for units with three or more bedrooms.
The proposed design calls for 60 1- and 2-Bedroom Units (120 spaces required) and proposing 93 spaces requiring a variance of 27 spaces.
C. The required parking for a Public Art Gallery The required parking for this use, as equivalent to a medical/professional office use (at one parking space for each 150 sq ft of floor area; or 4,100/150 = 27.3) is 28 parking spaces. The proposed design calls for 0 spaces and requires a variance for 28 spaces.
D. Each parking space required by this section shall be at least nine feet by 19 feet. The aisle or driveway giving direct access thereto shall have a minimum width of 22 feet. No tandem parking shall be permitted.
The proposed design calls for parking spaces of 8 feet 6 inches by 18 feet as well as 9 by 18ft requiring a variance of 6 inches by 1 for the first, and 1’ for the second. The proposed design shows the aisle as 16 feet 6 inches requiring a variance of 5 feet 6 inches.
Additional, as per General Municipal Law Workforce Housing and the Nassau County Planning Commission the project is above the maximum densitythe applicant (is) required to provide a minimum 10 percent workforce housing set-aside.
Additionally, the submitted drawings do not demonstrate compliance with Stormwater Management, as per Village Code Section 314-6 and 314-7, Chapter 480, Section 492-3 D and the Drainage Requirements of the Nassau County Department of Public Works. Please provide site engineering drawings indicating compliance with Section 314-6 and 314-7, Chapter 480, Section 492-3 D and the Nassau County Department of Public Works Drainage Requirements. Please note that the drywells as shown do not meet the onsite requirements and that an easement or right of way on the neighboring property of 7 Hicks Lane needs to be approved by the Village Engineer and Nassau County Department of Public Works.
Additionally, the design proposes full excavation of the site, to at least three property lines. This suggests that structural shoring will be required and that there will be significant challenges in the staging of construction activities. Please provide drawings indicating what will be required from the adjoining properties to accommodate the proposed construction, how those properties will be protected and how the public will be protected for the duration of this project.
Please note that the foregoing comments are designed to assist the applicant. However, no oversight, error or omission by this Department shall relieve the applicant of meeting all requirements. The applicant is encouraged to consult with Counsel and other land use professionals. It is the applicant and not the Building Department that remains liable to conform the proposed design and documents to meet all applicable laws.
If anyone needs special accommodations for a disability, such person should contact the Village Clerk at least 5 days prior to the hearing. At said hearing, all parties and interests will be given an opportunity to be heard.
BY ORDER OF THE BOARD OF APPEALS
OF THE VILLAGE OF GREAT NECK
DENNIS GROSSMAN,
CHAIRMAN
Dated: August 24, 2020
GNN #153819
1x 8/28/2020 #153819
