Item Coversheet






Councilperson Kaplan offered the following resolution and moved its adoption, which resolution was declared adopted after a poll of the members of this Board:

RESOLUTION NO. 43 - 2018

A RESOLUTION SETTING A DATE FOR A PUBLIC HEARING TO CONSIDER THE APPLICATION OF BABAK DAMAGHI FOR AN APPEAL FROM A DISAPPROVAL BY THE COMMISSIONER OF BUILDING SAFETY, INSPECTION AND ENFORCEMENT OF A STRUCTURE (DOCK) APPLICATION PURSUANT TO CHAPTER 42 OF THE TOWN CODE FOR THE PROPERTY LOCATED AT 40 SHORE DRIVE, KINGS POINT, NEW YORK AND IDENTIFIED ON THE NASSAU COUNTY LAND AND TAX MAP AS SECTION 1, BLOCK 42, LOT 26-29.

        WHEREAS, Babak Damaghi (the “Applicant”), residing at 40 Shore Drive, Kings Point, New York 11024, identified on the Nassau County Land and Tax Map as Section 1, Block 42, Lots 26-29 (the “Premises”), has applied to the Town Clerk of the Town of North Hempstead (the “Town”) for a permit under Chapter 42 of the Code of the Town of North Hempstead (the “Town Code”) for the construction of a dock facility including a 5-foot wide by 150-foot long pier, a 3-foot wide by 12-foot long ramp, and a 12-foot wide by 20-foot long float with the installation of three (3), 12-inch diameter mooring piers (the “Application”); and

 

        WHEREAS, the Town Clerk referred the Application to the Commissioner of the Department of Building, Safety Inspection and Enforcement (the “Building Commissioner”) pursuant to Town Code § 42-7 (A) (1); and

 

        WHEREAS, by determination dated December 5, 2017, the Building Commissioner disapproved the Application, based upon its inconsistency with (i) Town Code §42-9A(2), which restricts structures (inclusive of the steps, catwalk, ramp and float) from projecting into the waterway the lesser of the distance required to reach navigable water depth, or a length exceeding 150 feet, (ii) §42-9B(2)(b), which requires the height of a structure to be a minimum of three feet and a maximum of eight feet above the mean high water as defined by the Datum Plane, and (iii) Town Code  §42-9B(10), which limits the width of docks such as the float to six feet for a residential permit (the “Determination”); and

 

        WHEREAS, the Town Clerk notified the Applicant of the Determination by letter dated December 7, 2017; and     

  

        WHEREAS, the Applicant, by and through its attorney, Harris Bloom & Archer LLP, timely filed a notice of appeal seeking review of the Determination by the Board pursuant to Town Code §42-12 (the “Appeal”); and

 

        WHEREAS, Town Code §42-11 requires that the Town Board hear the appeal at a public hearing.

 

        NOW, THEREFORE, BE IT

 

        RESOLVED that a public hearing (the “Hearing”) be held by this Board on March 20, 2018 at 7:00 P.M. (the “Hearing Date”) in the Town Board Meeting Room, Town Hall, 220 Plandome Road, Manhasset, New York, for the purpose of considering the Appeal, and to hear all interested persons concerning the same; and be it further      

   

        RESOLVED that the Applicant shall provide notice of the Hearing in accordance with Town Code §42-11(C); and be it further

 

        RESOLVED that the Town Clerk be and hereby is autho­rized and direct­ed to publish a notice of said hearing no fewer than 10 and no more than 20 days prior to the Hearing Date, which notice shall be in substan­tially the following form.


NOTICE OF HEARING         

 

        PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of North Hempstead at Town Hall, 220 Plandome Road, Manhasset, New York, on March 20, 2018 at 7:00 P.M., to consid­er an appeal by the owner of 40 Shore Drive, Kings Point, New York 11024, identified on the Nassau County Land and Tax Map as Section 1, Block 42, Lots 26-29,  from a decision of the Commissioner of Building Safety, Inspection and Enforcement that disapproved an application for a structure permit under Chapter 42 of the Town Code of the Town of North Hempstead to construct a dock facility 5-foot wide by 150-foot long pier, a 3-foot wide by 12-foot long ramp, and a 12-foot wide by 20-foot long float with the installation of three (3) 12-inch diameter mooring piers.     

        

        PLEASE TAKE FURTHER NOTICE that all interested persons shall have an opportunity to be heard con­cerning this appeal at the time and place adver­tised.

 

Dated:        Manhasset, New York

 

                   January 30, 2018

 

BY ORDER OF THE TOWN BOARD OF

THE TOWN OF NORTH HEMPSTEAD

WAYNE H. WINK, JR.

TOWN CLERK

 

 


Dated:        Manhasset, New York

 

                   January 30, 2018


 The vote on the foregoing resolution was recorded as follows:

                       

 

Ayes:  Councilperson De Giorgio, Councilperson Ferrara, Councilperson Kaplan, Councilperson Russell, Councilperson Seeman, Councilperson Zuckerman, Supervisor Bosworth  

 

 

Nays:  None

 

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