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Long Beach ZBA keeps open hearing on 5 East Walnut use variance amid questions on hardship and parking

December 05, 2025 | Long Beach, Nassau County, New York


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Long Beach ZBA keeps open hearing on 5 East Walnut use variance amid questions on hardship and parking
The Long Beach Zoning Board of Appeals held the hearing open on an application for 5 East Walnut Street after extended questioning about whether converting the property back to two-family use would conflict with a 2001 zoning change.

Attorney Alexander Phillips, speaking for the applicant, said the property had two separate units as early as 1947 and that the requested conversion is consistent with other older, nonconforming two-family homes on the block. He also said the property has three off-street parking spaces and argued the conversion would not alter the character of the neighborhood.

Board members pressed Phillips and owner Max Post about the 2001 ordinance that restricted new two-family uses, the effect of adding an additional floor, and whether the applicant could show a unique financial hardship — a required element for a change-of-use variance. Phillips and Post said they were not prepared to present detailed financials at the hearing and that the house was purchased in July; Post described mold and health problems at a different property (84 Curley) that have affected their housing plans.

Commissioners asked for documentation to support any claim that the applicants cannot realize a reasonable return on the property as a one-family home. Counsel and members suggested submitting an accounting of construction costs, tax returns and other financial evidence along with a full set of architectural plans showing the proposed apartment. The board said it would hold the hearing open so the applicant could provide the requested materials and allow staff time to review them; no vote was taken.

Chairman Morelli and staff advised the applicant to email the board if they needed more time; the matter is expected to return to a future meeting once the documentation is filed.

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Scribe from Workplace AI
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