Zoning Board of Appeals
6/15/2010 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 15, 2010 at 6:00 P.M. sharp, in the City Council Chambers, 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:
# 5206 – Improvement to a Non-Conforming Use - James Veneruso, Esq. on behalf of Emile Bachmann, Trust under will of, (owner), on premises known as 792 McLean Avenue, Block: 6223 Lot: 48, Zone: “BR”.
# 5216 – Area Variance – Andrew Romano, Esq. on behalf of Mohamad Quyyum (owner), on premises known as 251 McLean Avenue, Block: 48, Lot: 9, Zone: “BR”.
# 5218 – Area Variance – Andrew Romano, Esq. on behalf of Franco Milio (owner), on premises known as 263 Palisade Avenue, Block: 2091 Lot: 15, Zone: “MG”.
# 5219 – Area Variance – Andrew Romano, Esq. on behalf of Rui Jorge (owner), on premises known as 1323 Nepperhan Avenue, Block: 3378 Lot 6, Zone: “T”.
# 5221 – Area Variance – Walter T. Gorman, PE, PC on behalf of Motiva Enterprises LLC (lessee), & Shell Service Station (owner), on premises known as 145 aka 143 Bronx River Road, Block: 6251 Lot: 13-15, Zone: “B”.
# 5226 – Area Variance – Andrew Romano, Esq. on behalf of Franco Milio (owner), on premises known as 171 North Broadway, Block: 2094 Lot: 24, Zone: “BA”.
# 5227 – Area Variance – Andrew Romano, Esq. on behalf of Al Omosh/408 Saw Mill River Road Corp. (owner), on premises known as 408 Saw Mill River Road, Block: 2365 Lot: 21, Zone: “CM”.
# 5229 – Area Variance – Robert Schroeger, Attorney, on behalf of Lawrence J. Centrello Revocable Living Trust (owner) c/o Barbara M. Garland, on premises known as 101 Westminster Drive, Block: 3200 Lot: 54, Zone: “S-50”.
# 5230 – Improvement to a Non-Conforming Use – Snyder & Snyder LLP, on behalf of 1523 Central Park Avenue Owners, Inc. (owner) & SMSA Limited Partnership d/b/a/ “Verizon Wireless” (lessee), on premises known as 1523 Central Park Avenue, Block: 5530 Lot: 435, Zone: “BA”.
CONTINUED HEARINGS:
# 5222 – Area Variance – James J. Veneruso, Esq. on behalf of Sunnybrook Gardens Owner, Inc. (owner), to construct a waste storage structure. Having insufficient side-front yard, as per Section 43-27, Table 43-3 (required 25.0’; proposed 6” +/- scaled), on premises known as 68 Durham Road, Block: 6392 Lot: 53, Zone: “MG”.
# 5224 – Area Variance – James J. Veneruso, Esq. on behalf of Smith-Cairns Ford, Inc. (owner), for an addition & modification to auto sales facility. Whereas, parking of display vehicles not permitted within minimum front yard as per Section 43-38C (3). And exceeds maximum number of ground/pole signs permitted on site (3 permitted; 4 proposed) per Sign Ordinance Section 47-7A(8),on premises known as 900 Central Park Avenue aka 10 Schaefer Avenue, Block: 5111 Lot: 1, Zone: “OL”.
# 5231 – Use & Area Variance – Veneruso, Curto, Schwartz & Curto, LLP on behalf of Blue Real Estate Holdings, LLC (owner), to construct a new 15-story 220 unit residential apartment building with 4,500 sq.ft. retail space. Whereas, the proposed use is not permitted, as per Section 43-27, Table 43-1 (accessory parking for business use in MG zone). Exceeding maximum permitted floor area ratio, as per Section 43-27, Table 43-3 (required 3.00; proposed 6.10+/-). Exceeding maximum permitted height, as per Section 43-27, Table 43-3 (required 112.5’; proposed 165.1’+/-). Insufficient front yard, as per Section 43-27 & Table 43-3 (required 10’; proposed 1”+/- (Yonkers Avenue)). Parking within the minimum front yard is not permitted, as per Section 43-133(A)1. Parking within the minimum side yard is not permitted, as per Section 43-133(A)1. Insufficient parking aisle width, as per Section 43-134.A.12) (required 24’-0; proposed 0’ for tandem parking spaces & 10’+/- for open-air parking space). Exceeding maximum permitted building coverage, as per Section 43-27, Table 43-3 (required 40% for residential; proposed 53%+/-). Fences and walls, including retaining walls must not exceed 4 feet in height in a required front yard setback or in any other required yard setback abutting a street and 6 feet within any other required yard setback, as per Section 43-41.D.3.a). (9’-6” & 8’-2”+/- high proposed), on premises known as 1217 Yonkers Avenue, Block: 6383 Lots: 6, 8, 9, 10, 14, 15, 17, 19, 22, 24-27, Zone: “BA” & “MG”.
NEW HEARINGS:
# 5041-A – Area Variance – C. Allen Mullins, A.I.A. on behalf of Oakland Cemetery (owner), for the construction of a new sales office & maintenance facility & refurbish of existing maintenance structure at the entrance of an existing cemetery. Having insufficient front yard setback to maintenance building per Section 43-73A(2)f & 43-27, Table 43-3 (required 20.0’; provided 9’-3”). Insufficient aisle width per Section 43-134, Illustration #32 (24.0’ required, 21.5’+/- (scaled), on premises known as 2 Saw Mill River Road, Block: 2220 Lot: 1, Zone: “S-60”.
# 5232 – Area Variance – Andrew Romano, Esq. on behalf of 750 Yonkers Avenue Real Estate, LLC (owner), for interior alterations to convert service bays into a convenience store. Whereas, parking within the minimum front yard is not permitted, as per Section 43-133.A.3, on premises known as 750 Yonkers Avenue, Block: 6100 Lot: 59, Zone: “BA”.
# 5233 – Area Variance – Andrew Romano, Esq. on behalf of Fabio Gentile (owner), to eliminate existing 1-car garage & to create (2) two front yard parking spaces to an existing 2-family dwelling. Whereas, parking within the minimum front yard is not permitted, as per Section 43-133 (A)1, on premises known as 274 Mary Lou Avenue, Block: 3075 Lot: 74, Zone: “T”.
# 5234 – Change of a Non-Conforming Use – Andrew Romano, Esq. on behalf of J & C Auto Repair (owner), to legalize an existing moving & storage company & to change one (1) non-conforming use (machine shop) to another non-conforming use (auto repair), which requires Zoning Board of Appeals approval. Maximum building coverage at lot is 30% and maximum coverage by building, paved areas and storage is 60% maximum. Proposed coverage appears to be 100%+/- by building, (as per Section 43-38.B.3). Garage door shall face to property side line. Proposed door does not face the side property line (as per Section 43-38.B.4), on premises known as 197 South Broadway, Block: 187 Lot: 15, Zone: “BR”.
# 5235 – Area Variance – Gabriel E. Senor, PC on behalf of Savero & Theresa Lanzillotto (owners), to repair a retaining wall in the rear yard of an existing 1-family dwelling. Exceeding maximum height of retaining wall, as Section 43-41D (required 6’-0”; proposed 13’-0”+/-), on premises known as 57 Lincoln Circle, Block: 4568 Lot: 51, Zone: “S-50”.
# 5236 – Improvement to a Non-Conforming Use – Robert Aiello, Esq. of John Meyer Consulting, PC on behalf of New York City Department of Environmental Protection, (owner), to install a temporary generator at the existing fluoride treatment facility. Whereas, improvement to a non-conforming use, pursuant to Section 43-21 (G) requires Zoning Board of Appeals approval, on premises known as 187 Midland Avenue, block: 8001 Lot: 10, Zone: “S-60”.
# 5237 – Improvement to a Non-Conforming Use – Robert Aiello, Esq. of John Meyer Consulting, PC on behalf of New York City Department of Environmental Protection, (owner), to install a generator at the existing utility substation. Whereas, improvement to a non-conforming use pursuant to Section 43-21G of the Yonkers Zoning Ordinance requires Zoning Board of Appeals approval, on premises known as 144 Midland Avenue, Block: 8001 Lot: 5, Zone: “MG”.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
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