Zoning Board of Appeals 5/18/2010 6:00 PM

Zoning Board of Appeals
5/18/2010 6:00 PM
Ceremonial Courtroom (opposite 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, MAY 18, 2010 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:

# 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”.

# 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”.

# 5207 – Use & Area Variance – Andrew Romano, esq. on behalf of Moundir Salakie (owner), on premises known as 153 Warburton Avenue, Block: 2099 Lot: 14, Zone: “CM”.

# 5215 – Improvement to a Non-Conforming Use – Andrew Romano, Esq. on behalf of Sineal Whelan (owner), on premises known as 28 South DeVoe Avenue, Block: 6004 Lot: 48, Zone: “T”.

# 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”.

# 5220 – Area Variance – Mitchell Koch, Architect on behalf of Robert Kruger (owner), on premises known as 166 Gailmore Drive, Block: 4462 Lot: 1, Zone: “S-60”.

# 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”.

# 5223 – Improvement to a Non-Conforming Use – Andrew J. Balint, Esq. on behalf of Miroslav Kuzmiak (owner), on premises known as 132 Frederick Street, block: 2435 Lot: 27, Zone: “M”.

CONTINUED HEARINGS:

# 5219 – Area Variance – Andrew Romano, Esq. on behalf of Rui Jorge (owner), to construct a new 2-family dwelling. Exceeding maximum permitted height, as per Section 43-27, Table 43-3 (required 2 ½ story; proposed 3 stories (basement considered a story per G.O. 7-2009)). Insufficient rear yard, as per Section 43-27, Table 43-3, Section 43-33L (required 20.0’; proposed 18.75’+/-). Insufficient front yard, as per Section 43-27, Table 43-3, Section 43-33J (2) (required 29.49’+/- (average alignment); proposed 26.58’+/-). Proposed structure encroaches within the minimum required side setback plane on both sides per G.O.#7-2009H(a) Section 43-34H (a) – Variance required, on premises known as 1323 Nepperhan Avenue, Block: 3378 Lot 6, Zone: “T”.

# 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”.

NEW HEARINGS:

# 5226 – Area Variance – Andrew Romano, Esq. on behalf of Franco Milio (owner), for interior alterations to convert a one-family & store to a three family dwelling. Having insufficient side yard, as per Section 43-27, Table 43-3 (required 16.0’; proposed 1.6’+/-). Insufficient total side yard, as per Section 43-27, Table 43-3 (required 32.0’; proposed 4.50’+/-). Insufficient front yard, as per Section 43-27 & Table 43-3 (required 10.’ proposed 0.25’+/-). Exceeding maximum permitted building coverage, as per Section 43-27, Table 43-3 (required 40%; proposed 41.15%), 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), to legalize a rear auto shop addition & demolish an abandoned garage. Having insufficient side yard, as per Section 43-54, Table 43-3 (required 16.0’; proposed 1.77’). Insufficient total side yard, as per Section 43-54, Table 43-3 (required 32.0’; proposed 17.77’), on premises known as 408 Saw Mill River Road, Block: 2365 Lot: 21, Zone: “CM”.

# 5228 – Area Variance – Chris G. Salibello/Shielding Realty LLC on behalf of himself (owner), to legalize a sunroom in an existing 1-family dwelling. Having insufficient side yard as per Section 43-33K (required 3’-0” minimum (1 side), & total side yard 6.667’ minimum), on premises known as 45 Riverview Place, Block: 472 Lot: 23, Zone: “M”.

# 5229 – Area Variance – Robert Schroeger, Attorney, on behalf of Lawrence J. Centrello Revocable Living Trust (owner) c/o Barbara M. Garland, to legalize the front door vestibule in an existing 1-family dwelling. Having insufficient front yard, as per Section 43-27, Table 43-3 (required 27.25’; proposed 24.8’), 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), to replace the existing small panel antennas with like-kind antennas, on the roof of an existing multiple dwelling. Whereas, the Improvement to a Non-Conforming Use requires Zoning Board of Appeals approval, as per Section 43-21.G.,on premises known as 1523 Central Park Avenue, Block: 5530 Lot: 435, Zone: “BA”.

# 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”.

JOSEPH CIANCIULLI

CHAIRMAN, ZBA