Zoning Board of Appeals
7/21/2009 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, JULY 21, 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:
#5042-A - Area Variance - Andrew Romano, Esq., on behalf of Warburton Realty Corp. (owner), on premises known as 6 a/k/a 4 Warburton Avenue, Block 2003, Lot 1, Zone: "CBD".
#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".
#5166 - Use Variance/Reconstruction of a Non-Conforming Use - Andrew Romano, Esq. on behalf of Paul Reid (owner), on premises known as 273 Kimball Avenue, Block 6175, Lot 47, Zone: "S-75".
#5168 - Area Variance - Andrew Romano, Esq., on behalf of Geraldine Soriano (contract vendee), 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), on premises known as 31 Durst Place, Block 6078, Lot 53, Zone: "S-50".
#5171 - Area Variance - Andrew Balint, Esq., on behalf of James Carnicelli (owner), on premises known as 28 Inverness Road, Block 4965, Lot 60, Zone: S-200.
NEW HEARINGS
#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".
# 5172 - Area Variance - Mario Canteros, Architect on behalf of Jimmy Rugova (owner), to construct a new 2-family dwelling. Exceeding maximum allowable number of stories (required 2 ½ maximum; proposed 3 ½), as per Section 43-27, Table 43-3), on premises known as 215 Sommerville Place, Block: 2438 Lot: 25, Zone: "M".
# 5173 - Area Variance - Mario Canteros, Architect on behalf of Jimmy Rugova (owner), to construct a new 2-family dwelling. Exceeding maximum allowable number of stories (required 2 ½ maximum; proposed 3 ½), as per Section 43-27, Table 43-3), on premises known as 221 Sommerville Place, Block: 2438 Lot: 23, Zone: "M".
# 5174 - Area Variance - Andrew Romano, Esq. on behalf of Kevin Hughs (owner), to renovate the existing service station by adding a one & two story addition to create a total of three (3) service bays on the left side of the premises with a convenience store located on the right side of the premises, and a canopy over the gas pumps. Having insufficient parking, as per Section 43-128 & Table 4, (required 8; proposed 6). Parking in minimum front yard setback is not permitted, as per Section 43-133.A.3. Parking within 10' of a building is not permitted, as per Section 43-44.B.5. Parking within 5' of a property line is not permitted, as per Section 43-44.B.5. No required parking space shall be located within 10' of any existing right-of-way line of a public street, as per Section 43-134.A.4, on premises known as 487 Central Park Avenue, Block: 6117 Lot: 9, Zone: "B".
# 5175 - Area Variance - Andrew Romano, Esq on behalf of Michael Rafferty (owner), to legalize an open air wood deck in rear yard of existing premises. Having insufficient rear yard (required 25'; proposed 0') as per Section 43-27, Table 43-3. A deck may not cover more than 40% of a rear yard (proposed 42 %+/-) as per Section 43-41.A.3., on premises known as 22 Lindsey Street, Block: 6053 Lot: 40, Zone: "T".
# 5176 - Area Variance - Christopher Allocco, Esq. on behalf of Stuart Kelso (owner), to permit the redivision of lots 77 & 78 by moving the lot line five feet to the north, and the construction of a two-family dwelling on the proposed lot 79. Whereas, the proposed lot 77 (Improved 1-family), insufficient lot width as per Section 43-27, Table 43-3 (required 50'; proposed 30'). Insufficient lot area, as per Section 43-27, Table 43-3 (required 5,000 sq.ft; proposed 3,000 sq.ft). Insufficient parking as per Section 43-128, Table 43-4 (required 2; proposed 0). Proposed Lot 79 (Vacant - proposed 2-family), insufficient lot width as per Section 43-27, Table 43-3 (required 50'; proposed 45'). Insufficient lot area/lot area per family, as per Section 43-27, Table 43-3 (required 5,000 sq.ft/2,500 sq.ft; proposed 4,500sq.ft/2,250 sq.ft). Exceeding maximum height of retaining wall within minimum front yard per Section 43-41D(3)(a) (required 4' maximum; proposed 9' +/-), on premises known as 68-72 Hancock Avenue, Block: 68, Lots: 77, 78, 79, Zone: "T".
# 5177 - Use & Area Variance - Snyder & Snyder, LLP on behalf of 1-3 Remsen Road Corp. (owner), & Omnipoint Communications, Inc. (lessee), to construct a wireless communication facility on the existing building, consisting of small panel antennas mounted within penthouse extensions along with related equipment on the rooftop. 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 71.5'+/-), on premises know as 1-3 Remsen Road aka 57 Newport Road, Block: 4350 Lot: 150, Zone: "MG".
# 5178 - Area Variance -Andrew Romano, Esq. on behalf of Midchester Jewish Center (owner) & Father Dimitri Darwish (contract vendee), to construct a new roof & make interior alterations to the existing vacant building for a place of worship & school. Having insufficient side yard, as per Section 43-27, Table 43-3& Section 43-35C(2) (required 24'; proposed 11'-2"+/-). Insufficient front yard, as per Section 43-27, Table 43-3 & Section 43-35C(2) (required 50'; proposed 33'-6"+/-), on premises known as 222 aka 236 Grandview Blvd. Block: 4600 Lots: 1,13, Zone: "S-100".
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
