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Zoning board denies repeat driveway variance for 211 East Penn Street
Summary
The Long Beach Zoning Board of Appeals denied an applicant’s request to legalize an unpermitted driveway at 211 East Penn Street, citing that the applicant had sought the same relief previously with no substantive change; the board noted an appeal route via Article 78.
The Long Beach Zoning Board of Appeals on a voice vote denied an application to legalize a curb cut and new front-yard off-street parking at 211 East Penn Street.
Applicant Adam (recorded as Adam Ben Horan) told the board he had installed a driveway without realizing a permit was required and said the driveway served a tenant with a handicap son. He also said he believed he would receive mailed notice after a prior virtual hearing and did not realize the earlier matter had been denied: "I wasn't aware that I actually needed a permit," he said, adding that the prior Zoom hearing left him unsure of the outcome.
A member of the board challenged the applicant for returning with no substantive changes after a prior denial, saying, "If you just keep coming back, that means other people just gonna keep coming back, and it degrades the process." The board repeatedly pressed the applicant on why the situation had not changed since the prior hearing.
Commissioner Markowitz moved to deny; the motion was seconded and the board recorded a unanimous denial by present members. The clerk advised the applicant that he has 30 days to file an Article 78 challenge in Mineola Supreme Court if he wishes to contest the board's decision.
The board framed the denial as a procedural enforcement of prior findings rather than a factual dispute over the tenant’s mobility needs. The meeting record shows the board directed the applicant to consult an attorney regarding next steps.
The decision concludes the board’s action on this application; the applicant may appeal to the courts within the statutory timeframe.
