Zoning Board of Appeals
9/15/2009 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, SEPTEMBER 15, 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:
#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”.
#5162 – Use & Area Variance – Snyder & Snyder LLP on behalf of Parkledge Apartments (owner) & T-Mobile Northeast, LLC (lessee), 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) & T-Mobile Northeast , LLC (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”.
# 5172 – Area Variance – Mario Canteros, Architect on behalf of Jimmy Rugova (owner), 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), on premises known as 221 Sommerville Place, Block: 2438 Lot: 23, Zone: “M”.
# 5177 – Use & Area Variance – Snyder & Snyder, LLP on behalf of 1-3 Remsen Road Corp. (owner), & T-Mobile Northeast , LLC (lessee), on premises know as 1-3 Remsen Road aka 57 Newport Road, Block: 4350 Lot: 150, Zone: “MG”.
NEW HEARINGS
# 5144-A – Area Variance – Miguel A. Sostre, Architect, on behalf of N. James Sayegh (owner), to convert the existing vacant office structure into a 5-family multiple dwelling. Having insufficient lot width, as per Section 43-27, Table 43-3 (required 100’; proposed 90’). Insufficient side yard/total side yard, as per Section 43-27, Table 43-3 (required 25’/50’; proposed 12.3’/33.9’+/-), on premises known as 381 aka 385 Palisade Avenue, Block: 2159 Lot: 47, Zone: “MG”.
#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”.
# 5179- Area Variance – John Imhof on behalf of Thepchai Vechkulwrapan (owner), to change the use of the entire building to “fast food restaurant’ by expanding the existing Thai restaurant into the deli space thereby changing the use of the deli from “fast food & beverage store” into a “fast food restaurant” use. Having insufficient parking, as per Section 43-128 & Table 43-4 (required 49; proposed 34 (credit)). Insufficient loading spaces (required 1; proposed 0) as per Section 43-128, Table 43-5, on premises known as 629 aka 631 McLean Avenue, Block: 6002 Lot: 75, Zone: “B”.
# 5180 – Area Variance – Andrew Romano, Esq. on behalf of Robert Stevenson (owner), to legalize a side yard pool & deck & basement alteration. Having insufficient side-front yard, per Section 43-27, Table 43-3 (required 10’; proposed 2’). Insufficient side yard setback for pool & pool deck, per Section 43-41P(6) (required 6’; proposed unknown). Provide the dimension from the pool deck to the side lot line. An unroofed deck or patio may not project more than 8’ into the minimum front yard, per Section 43-33P(1)(a) (required 8’; proposed 14’scaled). Also, parking in the front yard is not permitted, per Section 43-133A(1). Pool shall not be located in the minimum required side yard, per Section 43-41P(1) variance required, on premises known as 571 Mile Square Road, Block: 5039, Lot: 1, Zone: “T”.
# 5181 – Improvement of a Non-conforming Use – Andrew Romano, Esq. on behalf of City Harvest Church (owner), to re-construct a small retaining wall on the premises. Whereas, the improvement to a non-conforming use requires Zoning Board of Appeals approval, as per Yonkers Zoning Ordinance 43-21.G), on premises known as 44 Hudson Street, Block: 502 Lot: 1, Zone: “DWD”.
# 5182 – Area Variance – James G. Dibbini, Esq. on behalf of Elm Street Yonkers LLC (owner), to replace rear porches & covered stairwells to existing building. Having insufficient side yards (required 16’/32’; proposed 14.5’/15.5’ +/-) as per Section 43-27, Table 43-3. Exceeding maximum building coverage (required 40% maximum; proposed 53%) as per Section 43-27, Table 43-3. Exceeding maximum floor area ratio (required 1.25 maximum; proposed 2.12) as per Section 43-27, Table 43-3, on premises known as 161 Elm Street, Block: 452 Lot: 30, Zone: “B”.
# 5183 – Area Variance – Lana & Coppola on behalf of Ellen Pellegrino (owner), to legalize a portico & stone veneer in front of the existing one-family dwelling. Having insufficient front yard, as per Section 43-27, Table 43-3 (required 20.5; proposed 18.1) (Portico & stone veneer), on premises known as 105 Candlewood Drive, Block: 4469 Lot: 57, Zone: “S-60”.
# 5184 – Area Variance – Lana & Coppola on behalf of Pasquale Pellegrino (owner), to legalize the conversion of a 2-family into a 4-family multiple dwelling. Having insufficient front yard, as per Section 43-27, Table 43-3 (required 15’; existing 13.5’). Insufficient rear yard and side yard setback for detached garage as per Section 43-44A(9)© (15’ required; 2.1’ & 1.6’ +/- respectively), on premises known as 32 aka 30 Thurman Street, Block: 459 Lot: 20, Zone: “M”.
# 5185 - Use Variance – Snyder & Snyder on behalf of FDR Limited Co. (owner), & SMSA Limited Partnership d/b/a Verizon Wireless (lessee), to co-locate small panel antennas on the existing monopole, together with related equipment at the base thereof. Whereas, the proposed use is not permitted, as per Section 43-27, Table 43-1, on premises known as 57 Fullerton Avenue, Block: 5056 Lot: 9, Zone: “I”.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
