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June 3, 2026 - Board of Appeals, Town of Hempstead - Part 1
Wednesday, Jun 3, 2026
Height Variance Dismissed; Rear Yard Variance Under Consideration Amidst Plan Discrepancies
The Board of Appeals addressed two variances for a property at 565 Cameron Street: a height variance and a rear yard variance. The height variance request was dismissed after it was determined that the constructed second story addition's height complied with regulations, and the discrepancy stemmed from incorrect elevations on submitted plans. The discussion then moved to the rear yard variance, where a minimum of 25 ft is required, but the second story cantilever results in a setback of 22.5 ft. The applicant's architect, Chris Gray, presented the case, while the board discussed issues with submitted plans and elevations, and the owner, Carlos Rubis, was involved in construction changes. Open permits related to plumbing and gas installations were also noted as needing attention.
Oceanside Merrick Terrace Request Granted; Case 1180 Dismissed
The Board of Appeals considered cases 253 of 26 (Oceanside Merrick Terrace) and 1180 of 26. For case 253, the board adopted a negative declaration regarding a secret determination based on testimony and exhibits, and then granted the request as requested. For case 1180, the request was dismissed. The specifics of the requests were not detailed in the provided transcript.
Mother-Daughter Residence Permit Renewed Amidst Occupancy Changes; Senior Residence Option Suggested
The Board of Appeals reviewed case 1911 for Surjit Singh Kalhar at 11 Cloverly Drive, concerning the renewal of a mother-daughter residence permit. The primary issue was the changing occupants and ensuring compliance with the requirement that the owner resides in the property and the other unit is occupied by a person with a proper relationship to the owner. The applicant explained the family's complex last name history and provided a new list of occupants. The board suggested exploring a 'senior residence' permit as an alternative, which might offer more flexibility and avoid the need for renewal hearings. The board reinstated the mother-daughter permit with the same terms as originally granted, noting the change in occupancy.
Property Application Denied Due to Traffic, Size, and Neighborhood Character Concerns
The Board of Appeals considered case 278 of 2026, which had a prior recommendation of disapproval from the Nassau County Planning Commission (NCPC) due to concerns about child drop-off traffic on Merrick Grove. The applicant's attorney proposed a condition that all child drop-off and pickup would occur exclusively on Beach Street, utilizing an alleyway. The board discussed the feasibility of this arrangement, noting current issues with the alleyway (dumpsters, vehicles). The board decided to deny the application based on personal observations, testimony, the NCPC's report, and concerns about the project's size and character not fitting the neighborhood. Board members described the structure as a 'monstrosity' and too tall.
Variances Granted for Second Story Addition and AC Units for Growing Family Home
The Board of Appeals reviewed case 29126-29226 for Dennis and Sarah Lang at 2368 W Avenue, seeking variances for front yard setback, lot area occupied, and sideyard setback to construct a second-story addition, covered porch, vestibule, and maintain AC units. The property is a substandard lot in a Residence B zone. The requested variances include reducing the front yard setback for a vestibule (to 22.03 ft) and porch (to 19.03 ft), reducing the sideyard setback for AC units (to 3.88 ft), and increasing lot coverage (to 31.2%). The applicants, a growing family with two young children, explained the need for increased living space. They agreed to a condition that the proposed covered front porch remain open permanently. The board discussed the proximity of AC units to neighboring driveways and the overall lot coverage.
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