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Monday, May 18, 2009

Zoning Board of Appeals May 19th 2009 6:00 PM

Zoning Board of Appeals
5/19/2009 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, MAY 19, 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:

# 5131a – Area Variance – Andrew Romano, Esq. on behalf of Deirdre O’ Mara (owner), on premises known as 641 McLean Avenue aka 68 South DeVoe Avenue, Block: 6004 Lot: 68, Zone: “BA”.

# 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”.

# 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”.

# 5155- Area Variance & Improvement of a Non-Conforming Use - Frank Costa on behalf of Car Plus Inc. (owner), on premises known as 292 Ashburton Avenue, Block: 2065 Lot: 16, Zone: “M”.

# 5156 – Area Variance – Andrew Romano, Esq. on behalf of M. Manzueta (owner), 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), 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), 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), on premises known as 117 Round Hill Drive, Block: 4415 Lot: 33, Zone: “S-60”.

# 5160 – Improvement 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”.

RE-HEARING:

# 5024- Area Variance –Allison Doherty on behalf of herself (owner), to replace the existing deck with a deck and unfinished basement below. Having insufficient rear yard, as per Section 43-27, Table 43-3 (required 25’; proposed 12’ as built). Previous approval of Zoning Board of Appeals for rear yard is 13.5’, on premises known as 327 Hollywood Avenue, Block: 4713 Lot: 46, Zone: “S-50”.

NEW HEARINGS:

# 5161 – Use & Area Variance & Improvement of a Non-Conforming Use– Andrew Romano, Esq. on behalf of M. Mesquita (owner), to legalize a car-port in the rear of an existing 2-family dwelling. Improvement to a non-conforming use. Accessory residential structure in rear yard of a 2-family dwelling located in a “CM” Zone, as per Section 43-21.G). Carports are not permitted, as per Section 43-44.A.8.a). Exceeding coverage of the rear yard (required 60% maximum; proposed 86%+/-) as per Section 43-40.D.2). Insufficient side yard (required 3’; proposed 0.5’) as per Section 43-40.D.4). And insufficient rear yard (required 5’; proposed 2.2’) as per Section 43-40.D.4), on premises known as 402 Saw Mill River Road, Block: 2365 Lot: 18, Zone: “CM”.

# 5162 – Use & Area Variance – Snyder & Snyder LLP on behalf of Parkledge Apartments (owner) & Omnipoint Communications, Inc. (lessee),to construct a wireless communication facility consisting of small panel antennas & related equipment on the existing building. Whereas, the proposed use is not permitted, as per Section 43-27, Table 43-1. And exceeding maximum permitted height, as per Section 43-27, Table 43-3 (required 112.5’+/-; proposed 117.3’+/-), on premises known as 220 aka 230 Yonkers Avenue, Block: 405 Lots: 29 -33, Zone: “BA”.

# 5163 – Use & Area Variance – Snyder & Snyder LLP on behalf of 61-65 Central Avenue, LLC (owner), & Omnipoint Communications, Inc. (lessee), to construct a wireless communication facility, consisting of small panel antennas & related equipment within the existing building. Whereas, the proposed use is not permitted, as per Section 43-27, Table 43-1. Exceeding maximum permitted height, as per Section 43-27, Table 43-3 (required 35’; proposed 66’+/-). And insufficient front yard, as per Section 43-27, Table 43-3 (required 10’; proposed 4’ +/-), on premises known as 61-65 Central Park Avenue, Block 6004 Lot: 1, Zone: “B”.

# 5164 – Area Variance – James G. Dibbini, Esq. on behalf of Catherine La Banca (owner), to legalize a retaining wall. Exceeding maximum height of retaining wall within the minimum front yard, side and rear yards per Section 43-41D (3)(a) (4’ & 6’ respectively required; 4’-4” to 10’ high proposed). Exceeding maximum height of fence above a retaining wall per Section 43-41D(3)(a) (4’ maximum required; 6’ proposed), on premises known as 2 Royal Street, Block: 5190 Lot: 13, Zone: “T”.

# 5165 – Area Variance – Smith, Buss & Jacobs LLC, on behalf of Manor House Square LLC, (owner), to increase the height of the existing building to match the height of the adjoining building, located at 41 North Broadway. Exceeding maximum permitted height, as per Section 43-27, Table 43-3 (required 50’; proposed 56’-5”+/-), on premises known as 2 Manor House Square, Block: 2003 Lot: 13, Zone: “CBD”.

JOSEPH CIANCIULLI

CHAIRMAN, ZBA