Zoning Board of Appeals
12/16/2008 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 TUESDAY, DECEMBER 16, 2008 at 6:00 P.M. sharp, in the City Council Chambers, 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 –DelBello Donnellan Weingarten Wise & Wiederkehr, LLP (co-counsel), on behalf of Greyston Foundation, Inc. (owner), on premises known as 54 aka 56 Warburton Avenue, Block: 2017, Lot: 24, Zone: “CBD”.
# 5108 – Use & Area Variance – Andrew Romano, Esq. on behalf of Jacob Samra (owner), on premises known as 355 Warburton Avenue, Block: 2117 Lot: 14, Zone: “BR”.
# 5126 – Area Variance – Andrew Romano, Esq. on behalf of Alma R. Garcia (owner), on premises know as 268 New Main Street, Block: 193 Lot: 20, Zone: “BA”.
# 5130 – Area Variance – DelBello, Donnellan Weingarten Wise & Wiederkehr, LLP, on behalf of Gasoline & Car Wash Corp. Of Yonkers, (owner), & D Block Car Wash & Gas, Inc. (lessee), on premises known as 360 Nepperhan Avenue, Block: 2067 Lot: 69, Zone: “I”.
# 5132 – Area Variance – Andrew Romano, Esq. on behalf of Pedro Ramos (owner), on premises known as 61 Palmer Road, Block: 2354 Lot: 45, Zone: “M”.
# 5133 – Area Variance – Andrew Romano, Esq. on behalf of Kalamuddin Khan (owner), on premises known as 438 Marlborough Road, Block: 2314 Lot: 63, Zone: “S-50”.
# 5134 – Change from one Non-Conforming Use to another – Andrew J. Balint, Esq. on behalf of Alfred & Robert Leonelli (owners), on premises known as 34 Morningside Avenue, Block: 2166 Lot: 21, Zone: “M”.
# 5135 – Area Variance – Andrew Romano, Esq. on behalf of 614 South Broadway LLC (owner), on premises known as 614 South Broadway, Block: 30 Lot: 52, Zone: “BR”.
# 5136 – Area Variance – Andrew Romano, Esq. on behalf of St. Andrews Marthoma Church (owner), on premises known as 56 Crescent Place, Block: 6384 Lot: 45 Zone: “MG”.
# 5137 – Area Variance – James W. Badie, on behalf of Andree Jean (owner), on premises known as 10 Delavan Terrace, Block: 2157 Lot: 53, Zone: “MG”.
CONTINUED HEARING:
# 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:
# 5138 – Area Variance – Antonucci & Associates on behalf of Mary Pilossoph (owner), to construct a 10’ high poured concrete retaining wall in the rear of an existing one-family dwelling. Exceeding maximum height of a retaining wall in the minimum rear yard, as per Section 43-41(D) (required 6’; proposed 10’), on premises known as 62 Leighton Avenue, Block: 27, Lot: 33, Zone: “S-50”.
# 5139 – Area Variance - Andrew Romano, Esq on behalf of Faye Marji (owner), to legalize the conversion of 3-family into a 4-family dwelling. Having insufficient parking, as per Section 43-127, Table 43-4 (required 2 spaces; provided 0 spaces). Exceeding maximum permitted FAR, as per Section 43-27, Table 43-3 (required 1.25’; proposed 1.42’). And insufficient lot area per family, as per Section 43-27, Table 43-3 (required 800 sq.ft.; provided 625 sq.ft.), on premises known as 42 Burhans Avenue, Block: 2366 Lot: 1, Zone: “M”.(Postponed till Jan. 2009).
# 4140 - Use Variance – Richard G. Handler on behalf of Yonkers Plaza Shopping Center, LLC (owner & New Testament Ministry Church & School (lessee), to operate a house of worship with an associated primary school – grades K-11. Whereas, the proposed use is not permitted, as per Section 43-27, Table 43-1, on premises known as 25 Prospect Street, Block: 502 Lot 40, Zone: “BR”.
# 5141- Area Variance - Andrew Romano, Esq. on behalf of Frank & Aida Landi (owners), for interior alterations to convert a garage into living space & permit front yard parking. Having insufficient parking space size, as per Section 43-134.A(9) (required 8 ½’ wide x 18’ long ; provided 8 ½’ x 15’). And parking in the front yard not permitted per Section 43-133A(1), on premises known as 90 Hart Avenue, Block: 6280 Lot: 8, Zone: “T”.
# 5142 – Use Variance – Andrew Romano, Esq. on behalf of B & A HQ LLC (owner), interior alterations to convert a Doctor’s office into a Real Estate Management office. Whereas, approval of Zoning Board of Appeals required per ZBA conditions from case # 4318, on premises known as 15 Kimball Avenue, Block: 6232 Lot: 1, Zone” T”.
# 5143 – Improvement/ Intensification of a Non-Conforming Use – Smith, Buss & Jacobs, LLP on behalf of Bharat Gandhi (owner), for the renovation & addition of new rooms to the existing motel. Whereas, the improvement to a non-conforming use requires Zoning Board of Appeals approval per Section 43-21G. And the intensification of a non- conforming use is not permitted per Section 43-21B(1), on premises known as 307 aka 323 Tuckahoe Road, Block: 4001 Lot: 125 & 133, Zone: “BR”.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
