Zoning Board of Appeals
5/21/2008 6:00 PM
City Council Chambers
City Hall-4th Floor
Yonkers, New York 10701
AGENDA FOR ZONING BOARD OF APPEALS
PLEASE TAKE NOTICE: A Public Hearing will be held before the Zoning Board of Appeals of the City of Yonkers on WEDNESDAY, MAY 21, 2008 at 6:00 P.M. sharp, in the Ceremonial Courtroom, City Hall, Yonkers, New York (building is accessible to the handicapped), on applications for Appeals from the Building Commissioner's decisions and applications for Variances under the provisions of G.O. # 4-2000, as amended:
DECISIONS:
#5053 – Area Variance – James Veneruso, Esq. on behalf of Greyston Foundation, Inc. (owner), on premises known as 54 aka 56 Warburton Avenue, Block: 2017, Lot: 24, Zone: “CBD”.
# 5079 – Area Variance – Andrew Romano, Esq. on behalf of Abdo Chakkalo (owner), on premises known as 7 aka 9 Palisade Avenue, Block: 2018 Lot: 37, Zone: “CBD”.
# 5089 – Area Variance –Andrew Romano, Esq. on behalf of Jack Nogieira (owner), on premises known as 412 Sommerville Place, Block: 2432 Lot: 158, Zone: “T”.
# 5093 – Area Variance – Howard E. Berman, Esq on behalf of Luke Brennan (owner) & Garage 591 Corp (Paul Leison) (lessee), on premises known as 587 aka 591 South Broadway, Block: 27, Lot: 21, Zone: “B”.
# 5094 _ Improvement of a Non-Conforming Use – Andrew Romano, Esq. on behalf of Sal & Josephine Villani (owners), on premises known as 32 Elissa Lane, Block: 4365 Lot: 144, Zone: “MG”.
# 5096 – Area Variance – Andrew Romano, Esq. on behalf of CPD Realty Corp (owner), on premises known as 14 Fullerton Avenue, Block: 5059 Lots: 67, 69, Zone: “B”.
# 5097 – Use & Area Variance – Snyder & Snyder on behalf of Arditi Realty Co. Inc. (owner) & Verizon Wireless (lessee), on premises known as 9 aka 15 Glover Avenue, Block: 6240 Lot: 16, Zone: “T”.
# 5099 – Improvement of a Non-Conforming Use – Andrew Romano, Esq. on behalf of Lula Jones (owner), on premises known as 1853 Central Park Avenue (apt 3-L), Block: 4445 Lot: 375, Zone: “BR”.
# 5100 – Improvement of a Non-Conforming Use – Andrew Romano, Esq. on behalf of Lettie K. Weldon (owner), on premises known as 1853 Central Park Avenue (apt. 3-M), Block: 4445 Lot: 375, Zone: “BR”.
# 5101 – Area Variance – Andrew Romano, Esq. on behalf of Butrymowicz Bogdan (owner), on premises know as 727 North Broadway, Block: 3016 Lot: 30, Zone: “S-50”.
# 5102 – Area Variance – Andrew Romano, Esq. on behalf of Eugene & Theresa Milo (owners), on premises known as 157 Homewood Avenue, Block: 2252 Lot: 5, Zone: “S-50”.
# 5103 – Area Variance – Andrew Romano, Esq. on behalf of Filomena Gomez (owner) & David Gonzales (lessee), on premises known as 189 Warburton Avenue, Block: 2098 Lot: 16, Zone: “CM”.
# 5104 – Area Variance – Darren Norris, on behalf of George Huang (owner), on premises known as 578 Nepperhan Avenue, Block: 2179 Lot: 5, Zone “I”.
# 5105 – Area Variance - Hocherman Tortorella & Wekstein, LLP & Thomas Haynes, Architect, on behalf of Vernon Management USA Corp. (owner), on premises known as 100 Caryl Avenue, Block: 38 Lot: 1, Zone: “A”.
CONTINUED HEARINGS:
# 5087 – Area Variance – Andrew Romano, Esq. on behalf of Sol Hirsch (owner), to apportion property to create a buildable lot. Whereas, the existing lot would have an insufficient rear yard (required 24.51’; proposed 14.5’) as per Section 43-27, Table 43-3. A patio may not be closer than 5’ to a rear property line: the existing patio will cross the property line on to the proposed Lot 80, as per Section 43-41.A.2. A patio may not cover more than 40% of the rear yard (proposed is 59 %+/-), as per Section 43-41.A.3, on premises known as 181 Kneeland Avenue, Block: 6011 Lot: 1, Zone: “S-50”.
# 5033 – Area Variance – Andrew J. Balint, Esq. on behalf of B & N Apex Corp. (owner), to re-establish the use as a service station/ convenience store & 4 proposed pump islands situated under a canopy. Whereas, gasoline pumps to be 20’ minimum from any property line (16.3’ & 17’ +/- proposed). Show compliance with Section 43-75A, on premises known as 1051 aka 1065 Yonkers Avenue, Block: 6328 Lot: 49, Zone: “B”.
# 5073 – Appeal from an Interpretation by the Commissioner of Buildings – Kieran P. Holohan Esq. on behalf of Dr. Ronald J. Volino (applicant), Appeal from an Interpretation by the Commissioner of Buildings, on premises know as 1051 aka 1065 Yonkers Avenue, Block: 6328 Lot: 49, Zone: “B”.
NEW HEARINGS:
# 5055-A Appeal of an Interpretation of the Commissioner of Buildings/ Use Variance – Ecker & Ecker on behalf of Erna Homes, Inc, Yosi Sason, principal (owner), to make repairs/alterations to an existing 3-family dwelling. Whereas, the proposed use is not permitted (3-family in a “CM” zone), as per Section 43-27, Table 43-1, on premises known as 169 Buena Vista Avenue, Block: 510 Lot: 47, Zone:”CM”.
# 5106 – Area Variance – Howard E. Berman, Esq. on behalf of Roger Carilli (owner), to legalize an addition to an existing 1-family dwelling for additional living space. Having insufficient total of side-yards (required 16’ total; proposed 13.08’+/-total) as per Section 43-27, Table 43-3, on premises known as 117 Jennifer Lane, Block: 4335 Lot: 12, Zone: “S-60”.
# 5107 – Area Variance – Andrew Romano, Esq. on behalf of Mason Equities, LTD. (owner), to renovate existing commercial office space to a retail store. Having insufficient parking, as per Section 43-128 & Table 43-4 (required 4; proposed 3 (credit)), on premises known as 297 aka 297A South Broadway, Block: 161 Lot: 12, Zone: “BA”.
# 5108 – Use & Area Variance – Andrew Romano, Esq. on behalf of Jacob Samra (owner), to legalize the existing 3-family dwelling. Whereas, the proposed use is not permitted, Section 43-27, Table 43-1 (prior non-conforming use terminated per Section 43-21 -3-family in “BR” zone). Insufficient lot area, Section 43-27, Table 43-3 (required 10,000 sq.ft; proposed not shown). Insufficient lot width, Section 43-27, Table 43-3 (required 100’; proposed 50’+/-). Insufficient side yard & total side yard, Section 43-27, Table 43-3 (required 25’/50’; proposed not shown). Insufficient rear yard, Section 43-27, Table 43-3 (required 25’; proposed not shown). Insufficient front yard, Section 43-27, Table 43-3 (required 25’; proposed not shown). Insufficient parking, Section 43-128 & Table 43-4 (required 6 spaces; proposed 0 spaces). Exceeding maximum permitted lot coverage, Section 43-27, Table 43-3 (required 40%; proposed not shown), on premises known as 355 Warburton Avenue, Block: 2117 Lot: 14, Zone: “BR”.
# 5109 – Area Variance – Andrew Romano, Esq. on behalf of Rafael Ulloa (owner), to legalize a portico over front entrance of an existing 2-family dwelling. Having insufficient front yard, as per Section 43-27, Table 43-3 (required 17.5; proposed 13.0), on premises known as 168 aka 166 Seminary Avenue, Block: 6401 Lot: 35, Zone: “T”.
# 5110 – Area Variance – Andrew Romano, Esq. on behalf of Kew Kelly-Youh (owner), to construct a new 1-family dwelling. Exceeding maximum permitted height, as per Section 43-27, Table 43-3 (required 35’; proposed 49.72’) & (required 2 ½ stories maximum; 3-stories proposed). Insufficient lot width, Section 43-27, Table 43-3 (required 75’; proposed 40’ at minimum required front-yard setback), on premises known as 641 Scarsdale Road, Block: 4760 Lot: 42, Zone: “S-75”.
# 5111- Area Variance –James G. Dibbini, Esq. on behalf of Dilegge& DeMeglio, LLC d/b/a/ Gianna’s Restaurant (owner), to expand the existing restaurant into the adjacent vacant deli area. Having insufficient off-street parking, Section 43-128 & Table 43-4 (7 additional spaces required). Insufficient off-street loading spaces per Section 43-128, Table 43-5 (required 1; proposed 0), on premises known as 1034 North Broadway, Block: 3415 Lot: 46, Zone: “PEP”.
# 5112 – Area Variance – Brendan O’Meara, Esq. on behalf of Alvaro Ferrante (owner), to create new lot by reapportioning the existing properties. Having insufficient lot area & lot area per family, as per Section 43-27, Table 43-3 (required 5,000; proposed 4,600) for each of three (3) proposed lots (lots 3, 5 & 8), on premises known as 135 Ridgewood Avenue, Block: 6335 Lot: 3, Zone: “S-50”.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
