Zoning Board of Appeals
6/16/2009 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, JUNE 16, 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 a/k/a 323 Tuckahoe Road, Block 4001, Lots 125 & 133, Zone: “BR”.
#5152 – Use Variance – Andrew Romano, Esq., on behalf of A.R. Brothers Construction Corp. (owner), on premises known 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”.
#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”.
#5160 – Improvement of a Non-Conforming Use – Smith, Buss & Jacobs, LLP on behalf of Bharat Gandhi (owner), on premises known as 307 a/k/a 323 Tuckahoe Road, Block 4001, Lots 125 & 133, Zone: “BR”.
#5161 – Use & Area Variance & Improvement of a Non-Conforming Use – Andrew Romano, Esq., on behalf of M. Mesquita (owner), 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), on premises known as 220 a/k/a 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), 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), 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), on premises known as 2 Manor House Square, Block 2003, Lot 13, Zone: “CBD”.
RE-HEARING
#5042-A – Area Variance – Andrew Romano, Esq., on behalf of Warburton Realty Corp. (owner), to amend condition #7 of previous Variance to permit two (2) live-work units on each floor (2nd, 3rd & 4th) instead of one (1) unit per floor, exceeding maximum permitted height of building (required 50’ maximum, proposed 71’) as per Section 43-27, Table 43-3). Insufficient rear yard (required 10’, proposed 0’)as per Section 43-27, Table 43-3), on premises known as 6 a/k/a 4 Warburton Avenue, Block 2003, Lot 1, Zone: “CBD”.
NEW HEARINGS
#5166 – Use Variance/Reconstruction of a Non-Conforming Use – Andrew Romano, Esq. on behalf of Paul Reid (owner), to construct a new 2-family dwelling whereas the proposed use not permitted (two-family dwelling in a 1-family zone). However, reconstruction of a non-conforming use is permitted per Section 43-21E provided that the reconstruction is commenced within 1-year from the date of such damage and completed within 2-years of said date and further provided that it shall be reconstructed in accordance with a plan approved by the Zoning Board of Appeals pursuant to Section 43-144K, on premises known as 273 Kimball Avenue, Block 6175, Lot 47, Zone: “S-75”.
#5167 – Intensification of a Non-Conforming Use & Area Variance – James A. Gibbons, P.E., on behalf of Zeqir Demiraj (owner), to construct a new 1-family dwelling adjacent to the existing 3-family dwelling, whereas the intensification of a non-conforming use requires Zoning Board of Appeals approval. The house on Lot 26 is a 3-family dwelling in an S-50 Zone (ref. Yonkers Zoning Ordinance 43-21.B.1). Insufficient lot area per family per Section 43-27, Table 43-3 (required 5,000 square feet, proposed 1,666.7 square feet) (per family), on premises known as 23 Desmond Avenue, Block 5327, Lot 26 & 27.28, Zone: “S-50”.
#5168 – Area Variance – Andrew Romano, Esq., on behalf of Geraldine Soriano (contract vendee), to construct a new 2-family dwelling exceeding maximum permitted floor area ratio, Section 43-27, Table 43-3 (required 1.0, proposed 1.2). Exceeding maximum permitted height, Section 43-27, Table 43-3 (required 2 ½ stories, proposed 3 ½ stories). Insufficient total area/lot area per family, Section 43-27, Table 43-3 (required 5,000 square feet/2,500 square feet, proposed 2,499 square feet +/- 1,249.5 square feet +/-). Insufficient lot width, Section 43-27, Table 43-27, Table 43-3 (required 50’, proposed 25.0 +/-). Insufficient side yard/total yards, Section 43-27, Table 43-3 & Section 43-33K (required 3’/8’-9”, proposed 3’/6’-6” +/-). Insufficient parking Section 43-128 and Table 43-4 (required 4 spaces, proposed 2 spaces), on premises known as 354 Riverdale Avenue, Block 129, Lot 44, Zone: “BA”.
#5169 – Area Variance - Edward D’Amore, R.A., on behalf of Jesus & Kelcy Pichardo (owners), to construct a new 2-car garage addition to existing 2-car garage. Exceeding the maximum number of permitted vehicles on a lot in an S-50 Zone (required 3, proposed), as per Section 44A(8)(C), on premises known as 31 Durst Place, Block 6078, Lot 53, Zone: “S-50”.
#5170 – Area Variance - Gregory Arcaro on behalf Anthony & Genevieve Lembo (owners), to construct a new roofed entry at the front door having insufficient front yard, Section 43-27, Table 43-3 & 43-33J(2) (required 21 average alignment, proposed 18.33’ +/-), on premises known as 15 Candlewood Drive, Block 4468, Lot 104, Zone: “S-60”.
#5171 – Area Variance - Andrew Balint, Esq., on behalf of James Carnicelli (owner), to install an in-ground spa (hot tub) with surrounding patio and fencing; whereas, no accessory residential uses or structures (pool) shall be permitted in the front yard Yonkers Zoning Ordinance Section 43-40D(1) & 43-41P(1). Exceeding maximum height of a fence in the front yard, Section 43-41D(3)(a) (required 4’, proposed 6’). A patio may not project more than 8’ into the minimum front yard, Section 43-33P(1)(a) (required 8’, proposed 26’ approximately), on premises known as 28 Inverness Road, Block 4965, Lot 60, Zone: S-200.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
