Zoning Board of Appeals Meeting
4/26/2011 6:00 PM
Ceremonial Court Room - 4th Floor
City Hall, 40 South Broadway
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, APRIL 26, 2011 at 6:00 P.M. sharp, in the Ceremonial Court Room, 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
# 5250 – Area Variance – Andrew Romano, Esq., on behalf of Sabath Luyando, on premises known as 142 Parkview Avenue, Block: 5665, Lot: 5, Zone: “S-50”.
# 5254 – Area Variance - Andrew Romano, Esq., on behalf of NY Bagel/John Maiolini, owner, on premises known as 1032 Yonkers Avenue, Block: 6163, Lot: 16, Zone: “B”.
# 5256 – Area Variance – John Annunziata, P.E., on behalf of Alfonso Goncalves, owner, on premises known as 290 Edward Place, Block: 2422, Lot 86, Zone: “M”.
# 5257 – Area Variance – Andrew Romano, Esq., on behalf of Farid Marji (owner), on premises known as 217 Mountaindale Road, Block: 4463, Lot: 45, Zone: “S-60”.
# 5258 – Use Variance – Royden A. Letsen, Esq., on behalf of St. John’s Riverside Hospital (owners), on premises known as 1020 Warburton Avenue, Block: 3555, Lot: 106 (Unit 205), Zone: “A”.
#5259 – Area Variance - Joseph DiSalvo, Esq., on behalf of Philipsburg Hall Associates, LP, on premises known as 2-8 Hudson Street, Block: 499, Lot: 5, Zone: “GCD”.
CONTINUED HEARINGS
# 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 a/k/a 10 Schaefer Avenue, Block: 5111 Lot: 1, Zone: “OL”. (postponed until April meeting).
# 5231 – Area Variance – Veneruso, Curto, Schwartz & Curto, LLP on behalf of Blue Real Estate Holdings, LLC (owner), to construct a new 14-story 220 unit residential apartment building with 4,500 sq. ft. retail space. Exceeding maximum permitted floor area ratio, as per Section 43-27, Table 43-3 (required 3.00; proposed 5.98+/-). Exceeding maximum permitted height, as per Section 43-27, Table 43-3 (required 112.5’; proposed 141.1’+/-). 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”.
# 5252 – Area Variance - 33 Ashburton Avenue, Block: 2094, Lot: 40, Zone: “M”. (adjourned without fixed date pending City Council reviews).
#5079A – Area Variance – Andrew Romano, Esq., on behalf of Abdo Chakkalo, owner, for interior alterations to convert from vacant furniture store into retail having insufficient parking (required 37, proposed 14 (credit)) per Section 43-128, Table 43-4), on premises known as 7 a/k/a 9 Palisade Avenue, Block: 2018, Lot: 37, Zone: “CBD”.
NEW HEARINGS
#5260 – Area Variance - Andrew Romano, Esq., on behalf of Osvaldo Severo, V.P., Halcon Development LLC, owner, for interior alterations to construct a one (1) bedroom apartment thereby converting a 3-family dwelling to a 4-family dwelling whereas parking within the minimum side yard not permitted per Section 43-133A(2), parking within 5’ of property line not permitted, Section 43-44A(9)(b) (proposed 4’ +/-), parking within 10’ of residential building not permitted per Section 43-44A(9)(b) (proposed 3’ +/-), on premises known as 19 Burhans Avenue, Block: 2364, Lots: 36-38, Zone: “M”.
#5261 – Improvement to a Non-Conforming Use - Anthony Arnold, R.A., on behalf of Dennise Guzman (owner), construct new sidewalk and curb, add two (2) additional parking spaces and rebuild retaining wall to existing 2-family dwelling whereas improvement to a non-conforming use requires approval of the Zoning Board of Appeals (ref. Yonkers Zoning Ordinance 43-21.G & 43-2.B.1) (2-family dwelling in a1-family zone), on premises known as 46 Rigby Street, Block: 5208, Lot: 21, Zone: “S-50”.
#5262 – Area Variance - James. G. Dibbini, Esq., on behalf of Juan Morales (owner), for the legalization of addition of room to existing structure in rear of a 3-family house and to legalize existing metal shed and wood shed in rear yard having insufficient side yard (at addition to be legalized), Section 43-27, Table 43-3 (required 8’-10 ½” +/-, proposed 2.2’), insufficient total side yard (at addition to be legalized), Section 43-27, Table 43-3 (required 18’-9” +/- 4.9’), wood shed exceeds maximum size permitted per 43-41(O)(1); 100 square feet maximum, 128 square feet provided, insufficient setbacks of wood frame shed per 43-41(O)(3); 5’-0” minimum required, 1.8’ +/-; 4.0’ +/- (scaled) provided shed appears to have been relocated), insufficient setback to metal shed per 43-41(O)(3), 5’-0” minimum required, 0.9’ provided, on premises known as 22 Garfield Street, Block: 443, Lot: 20, Zone: “M”.
#5263 – Area Variance - Alfred DelBello, Esq., on behalf of Brooks Shopping Center, LLC, owner, to permit the installation of a flagpole whereas exceeding maximum permitted height for flagpole, Section 43-42C(4) (required 15’ maximum, proposed 59.9’ +/-). Variance required for 44.9 feet in excess of the 15 foot requirement, on premises known as 808 Central Park Avenue, Block: 5170, Lot: 40, Zone: “BR”.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
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