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Tuesday, April 28, 2009

Zoning Board of Appeals Meeting 4/28/2009 6:00 PM


Zoning Board of Appeals
4/28/2009 6:00 PM
City Council Chambers
City Hall
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, APRIL 28, 2009 at 6:00 P.M. sharp, in the Ceremonial Courtroom, 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:

# 5143 – Improvement/ Intensification of a Non-Conforming Use – Smith, Buss & Jacobs, LLP on behalf of Bharat Gandhi (owner), on premises known as 307 aka 323 Tuckahoe Road, Block: 4001 Lot: 125 & 133, Zone: “BR”.

# 5146 – Area Variance Veneruso, Curto, Schwartz & Curto LLP, on behalf of R & F Scarsdale, LLC (owner), on premises known as 2 & 10 Scarsdale Road, Block: 4546 Lot 50 & 52, Zone: “I”.

# 5148 – Area Variance – Andrew Romano, Esq. on behalf of Joseph & Diane Zanghi (owners), on premises known as 17 Kenilworth Road, Block: 5514 Lot: 8, Zone: “T”.

# 5149 – Area Variance – Andrew Romano, Esq. on behalf of Janet Carriera (owner), on premises known as 27 Bedford Place, Block: 4352 Lot: 25, Zone: “S-50”.

# 5150 – Use & Area Variance – Andrew Romano, Esq. on behalf of McLean Associates (owner), on premises known as 377 McLean Avenue, Block: 62 Lot: 4, Zone: “A”.

# 5151 – Use & Area Variance – Andrew Romano Esq. on behalf of John Cobelli (owner), on premises known as 110 Lincoln Avenue, Block: 5210 Lot: 13, Zone: “S-50”.

# 5152 – Use Variance – Andrew Romano, Esq. on behalf of A.R. Brothers Construction Corp. (owner), on premises know as 348 Ashburton Avenue, Block: 2060 Lot: 7, Zone: “CM”.

# 5153 – Area Variance –Andrew J. Balint, Esq. on behalf of John P. Schirripa (owner), on premises know as 750 Kimball Avenue, Block: 5236 Lot: 31, Zone: “T”.

# 5154 – Area Variance – James Veneruso, Esq. on behalf of Hampshire Management Company (owner), on premises known as 999 aka 1025 Central Park Avenue, Block: 5057 Lot: 50, Zone: “I”.

CONTINUED HEARING:

# 5155- Area Variance & Improvement of a Non-Conforming Use - Frank Costa on behalf of Car Plus Inc. (owner), to install a canopy over fuel dispensing pumps for existing motor vehicle service station. Having insufficient space between buildings/structure, Section 43-27, Table 43-3 (required 40’; proposed 8’+/-). Insufficient front yard, Section 43-27, Table 43-3 (required 25.0’; proposed 1.0’+/- scaled). Improvement of non-conforming use requires Zoning Board of Appeals approval as per Section 43-21(G), on premises known as 292 Ashburton Avenue, Block: 2065 Lot: 16, Zone: “M”.

NEW HEARINGS:

# 5156 – Area Variance – Andrew Romano, Esq. on behalf of M. Manzueta (owner), to construct a new 2-car garage with open concrete patio over garage. Having insufficient front yard, per Section 43-27 Table 43-3 & Section 43-33J(2) ( required 26.65’; proposed 1’+/-). Insufficient side yard/total of side yards, per Section 43-33K (required 3’/8.75’; proposed 1’/5’+/-). Also, patio not permitted to encroach more than 8’ into required front yard, proposed encroaches 25.65’, on premises known as 102 High Street, Block: 2086 Lot: 23, Zone: “M”.

# 5157 – Area Variance & Improvement/Intensification of a Non-Conforming Use – Smith, Buss & Jacobs on behalf of Bharat Gandhi (owner), to create (14) fourteen new suites & a storage area to the existing motel. Improvement to a non-conforming use per Section 43-21 G. Intensification of a non-conforming use per Section 43-21 B (1) & (2). Exceeding maximum height of retaining wall within minimum side yard per Section 43-43F & 43-41D (3) (6’ – required; 18’ +/- proposed). Exceeding maximum height of fence above a retaining wall per Section 43-43F & 43-41D (3) (4’ maximum permitted; 6’ proposed), on premises known as 322 Yonkers Avenue, Block: 388 Lot: 100, Zone: “I”.

# 5158 – Area Variance –Andrew Romano, Esq. on behalf of John & Gertrude Brennan (owners), to legalize a rear deck & patio. Having insufficient rear yard, Section 43-27, Table 43-3 (required 25’; proposed 18.69’). The patio must comply with setback 5’ from rear lot line & 3’ from the side lot line; proposed not shown), on premises known as 79 Ridge Drive, Block: 99 Lot: 13, Zone: “S-50”.

# 5159 – Area Variance – Andrew Romano, Esq. on behalf of Riaz Ghaswala (owner), to legalize front yard parking. Whereas, parking within the minimum front yard is not permitted, as per Section 43-33A(1) & Illustration #29, on premises known as 117 Round Hill Drive, Block: 4415 Lot: 33, Zone: “S-60”.

# 5131a – Area Variance – Andrew Romano, Esq. on behalf of Deirdre O’ Mara (owner), for interior alterations to construct a dance studio. Having insufficient parking, Section 43-128 & Table 43-4 (required 8 additional spaces; proposed 0 spaces on site) (applicant proposes spaces on school property). Parking to be within 300’ of principle use per Section 43-44B(2) for shared parking; proposed greater than 300’. Shared parking area to be approved by Zoning Board of Appeals if proposed as shared parking per Section 43-132C (provide more detail of proposed parking for review), on premises known as 641 McLean Avenue aka 68 South DeVoe Avenue, Block: 6004 Lot: 68, Zone: “BA”.

# 5160 – Improvement of a Non-Conforming Use – Smith, Buss & Jacobs, LLP on behalf of Bharat Gandhi (owner), for the removal of an in-ground pool & addition of a drywell & fill with gravel topping & asphalt paving. Whereas, the improvement to a non-conforming use requires Zoning Board of Appeals approval, as per Section 43-21G, on premises known as 307 aka 323 Tuckahoe Road, Block: 4001 Lot: 125 & 133, Zone: “BR”.

JOSEPH CIANCIULLI

CHAIRMAN, ZBA