BZA Decisions - KPE II "No" - Insignia "Yes w/conditions" - Hess "Yes and No"

Decisions by Board of Zoning Appeals (BZA) at meeting on Tuesday, February 12.  All Board members were in attendance.

The BZA in a unanimous decision voted to grant Insignia Restaurant, located on Nesconset Hwy. & Mount Pleasant Rd, a variance to increase the number of ground signs from 1 to 4. The variance increases the max. ground sign area from 32 sq. ft to 236ft. (176 sq. ft existing). The additional two sided signs are to be placed (1) on Mount Pleasant Rd. and (2) on Nesconset Highway.  The signs will have removable inserts advertising events and Outdoor dining Promotion. Each sign will stand 53” with a width of 32 ½”.  The BZA is requiring the signs have landscaping and directed lighting.

The BZA (unanimous) voted to approve with conditions Case #16767 Hess Corporation in Commack – The board voted to grant the petition for  an additional ground sign as well as to increase sign height. Hess will also be permitted to reduce one buffer to 10 foot. The BZA rejected reducing a portion of one buffer from 6ft. to zero but added the stipulation that the Board of Site Plan Review can permit the “0” buffer if the additional property is needed for access.

Case #1695 (unanimous)    KPE II, LLC – Denied – KPE was asking for a Certificate of (13) uses. The BZA denied all. The burden of proof for the petition fell on KPE who was unable to document that the activities on the property were lawfully existing pre zoning, that the property was used continuously and that a relationship between past activity and current use existed.

Case # 1861(unanimous) - Galleria IV - Approved a variance to reduce minimum parking setback to residential district from 100ft. to 44 ft. for a proposed 11,817 sq. ft office bldg.

Case # 16862 (unanimous)– Approved – Proposed 2,750 sq. ft. 1- story retail building and reduction of parking spaces from 24- 20.

Case # 16865 – Rockwell’s Bar was adjourned to March 12, 2013