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Amityville ZBA approves mixed‑use dwelling at 184 Broadway with conditions
Summary
The Zoning Board of Appeals approved a special exception to legalize two second‑floor apartments and a first‑floor business at 184 Broadway, requiring rental permits, inspector access, a two‑apartment cap and other code-related stipulations.
The Amityville Zoning Board of Appeals voted 5–0 April 16 to approve a special exception allowing two residential units above a business at 184 Broadway, also known as SCTM# 101-5-2-15. The board attached multiple conditions, including mandatory rental permits and building‑inspector access.
The approval — sought by owner Michael Esposito and presented by architect Harold Gebhard — legalizes two second‑floor apartments and a first‑floor office space under Section 183‑81 A(8)(b) of the Village of Amityville Code. Gebhard told the board the owner purchased the property around 2000 and that, prior to that sale, the building had housed a pharmacy and a bagel shop.
Board members expressed concern about an area described as a 'lunchroom' tied to the office because it contains a full kitchen and a shower; the board noted such features could be converted into an unauthorized apartment. The Building Inspector reported he had not been able to access every unit during his inspection, and the board required the inspector to be granted access to all second‑floor units as a condition of approval.
The board’s conditions include: obtaining rental permits; approval valid for the sooner of two years or a change of ownership; a strict limit of no more than two apartments; full access for the Building Inspector to all second‑floor units; strict conformance with the plans submitted; and compliance with State, Village and local codes. The board also prohibited cooking appliances (oven, stove, range and the like) in the space described as a lunchroom, though countertop refrigeration and microwaves were allowed.
Chair Tracey Cullen reminded applicants of the board’s procedural rules, asking speakers to 'please state your name and address for the record and to sign in on the sign in sheet.' The motion to approve was made by Eric Taylor and seconded by Timothy McManus; the vote was unanimous.
The approval allows the current configuration to remain while imposing limits intended to prevent the informal conversion of nonresidential areas into additional dwelling units. The applicant must secure any required permits and ensure the Building Inspector can access units for inspection.
