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Politics & Government

Port North Resident Wins Variance at BZA Meeting

Michael Vaitzman received the variance he needed for his outdoor barbecue.

After a two-month wait, Soundview resident Michael Vaitzman received the variance required from the Port Washington North Board Board of Zoning Appeals at its May meeting. Vaitzman needed the variance for his Mediterranean-inspired outdoor kitchen, complete with a trellis and granite barbecue area.

Vaitzman, of 145 Soundview Drive, had stood before the board back in March when he received a variance for his backyard trellis. However, the board gave him the option of submitting additional information and testimony before it voted on whether the cooking area was up to fire safety code. Safety was of particular concern given the close proximity of the barbecue to the property line.

Anthony Sabino, the village's recently retired attorney was, in attendance and refreshed the board on the issue.

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"For the members of the board you may recall that when we adjourned last time, we actually closed the hearing subject to the applicant being able to submit an additional item of proof regarding his request for a variance," Sabino said. "And during the period of the close of that hearing and tonight, it was determined that the applicant wanted to bring down someone from the fire department to talk about the safety issue that was raised at the last hearing. So the only way we can take additional testimony is by reopening the hearing."

Port Washington's Fire Chief Thomas McDonough was unable to attend the meeting, though he sent his second assistant, Raymond Ryan, to represent the fire department's stance.

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"Chief McDonough did visit the site and told me to explain to the board that the issues of concern [to the fire department] are if it would hamper any type of fire fighting ability," Ryan said. "It would make it difficult because it's tight, but it's not in any violation of codes that he can see."

Ryan added, "When we ladder a building, we ladder all four sides, and to set up a ladder on that side of the building it would be a steep angle for the ladder because it's so close to the property. But nonetheless it can be done. Like I said, it would be difficult but it is not in any violation of any fire codes that we're aware of."

Port North's current village code requires a three-foot setback from the property line. Sabino reiterated that Vaitzman's request for a variance currently violates the code by one foot. "The current barbecue is one foot off of the line, so Vaitzman is asking for a variance of two feet," Sabino said.

The board then approved the variance, resulting in a four-to-one vote. Howard Krebs, Chairman of the Board of Zoning Appeals, was the only one to object. 

For Vaitzman the news was a big plus.

"I have a one-foot setback, they granted for another two, so everything is OK," Vaitzman said. "So whatever I have, I will not move. I won everything but it took a lot of effort and time." He added, "It's the principle. The money I spent at these meetings, which cost me a lot, makes me think that it might have been cheaper to destroy [the barbecue area]. I fight for my house, like a mother fights for her baby. But I go on principles."

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