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