Zoning Board of Appeals Meeting 4/26/2011 6:00 PM

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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Zoning Board of Appeals May 19th 2009 6:00 PM

Zoning Board of Appeals
5/19/2009 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, MAY 19, 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:

# 5131a – Area Variance – Andrew Romano, Esq. on behalf of Deirdre O’ Mara (owner), on premises known as 641 McLean Avenue aka 68 South DeVoe Avenue, Block: 6004 Lot: 68, Zone: “BA”.

# 5143 – Improvement/ Intensification of a Non-Conforming Use – Smith, Buss & Jacobs, LLP on behalf of Bharat Gandhi (owner), on premises known as 307 aka 323 Tuckahoe Road, Block: 4001 Lot: 125 & 133, Zone: “BR”.

# 5152 – Use Variance – Andrew Romano, Esq. on behalf of A.R. Brothers Construction Corp. (owner), on premises know as 348 Ashburton Avenue, Block: 2060 Lot: 7, Zone: “CM”.

# 5155- Area Variance & Improvement of a Non-Conforming Use - Frank Costa on behalf of Car Plus Inc. (owner), on premises known as 292 Ashburton Avenue, Block: 2065 Lot: 16, Zone: “M”.

# 5156 – Area Variance – Andrew Romano, Esq. on behalf of M. Manzueta (owner), on premises known as 102 High Street, Block: 2086 Lot: 23, Zone: “M”.

# 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”.

# 5158 – Area Variance –Andrew Romano, Esq. on behalf of John & Gertrude Brennan (owners), on premises known as 79 Ridge Drive, Block: 99 Lot: 13, Zone: “S-50”.

# 5159 – Area Variance – Andrew Romano, Esq. on behalf of Riaz Ghaswala (owner), on premises known as 117 Round Hill Drive, Block: 4415 Lot: 33, Zone: “S-60”.

# 5160 – Improvement of a Non-Conforming Use – Smith, Buss & Jacobs, LLP on behalf of Bharat Gandhi (owner), on premises known as 307 aka 323 Tuckahoe Road, Block: 4001 Lot: 125 & 133, Zone: “BR”.

RE-HEARING:

# 5024- Area Variance –Allison Doherty on behalf of herself (owner), to replace the existing deck with a deck and unfinished basement below. Having insufficient rear yard, as per Section 43-27, Table 43-3 (required 25’; proposed 12’ as built). Previous approval of Zoning Board of Appeals for rear yard is 13.5’, on premises known as 327 Hollywood Avenue, Block: 4713 Lot: 46, Zone: “S-50”.

NEW HEARINGS:

# 5161 – Use & Area Variance & Improvement of a Non-Conforming Use– Andrew Romano, Esq. on behalf of M. Mesquita (owner), to legalize a car-port in the rear of an existing 2-family dwelling. Improvement to a non-conforming use. Accessory residential structure in rear yard of a 2-family dwelling located in a “CM” Zone, as per Section 43-21.G). Carports are not permitted, as per Section 43-44.A.8.a). Exceeding coverage of the rear yard (required 60% maximum; proposed 86%+/-) as per Section 43-40.D.2). Insufficient side yard (required 3’; proposed 0.5’) as per Section 43-40.D.4). And insufficient rear yard (required 5’; proposed 2.2’) as per Section 43-40.D.4), 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) & Omnipoint Communications, Inc. (lessee),to construct a wireless communication facility consisting of small panel antennas & related equipment on the existing building. Whereas, the proposed use is not permitted, as per Section 43-27, Table 43-1. And exceeding maximum permitted height, as per Section 43-27, Table 43-3 (required 112.5’+/-; proposed 117.3’+/-), on premises known as 220 aka 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), to construct a wireless communication facility, consisting of small panel antennas & related equipment within the existing building. 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 66’+/-). And insufficient front yard, as per Section 43-27, Table 43-3 (required 10’; proposed 4’ +/-), 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), to legalize a retaining wall. Exceeding maximum height of retaining wall within the minimum front yard, side and rear yards per Section 43-41D (3)(a) (4’ & 6’ respectively required; 4’-4” to 10’ high proposed). Exceeding maximum height of fence above a retaining wall per Section 43-41D(3)(a) (4’ maximum required; 6’ proposed), 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), to increase the height of the existing building to match the height of the adjoining building, located at 41 North Broadway. Exceeding maximum permitted height, as per Section 43-27, Table 43-3 (required 50’; proposed 56’-5”+/-), on premises known as 2 Manor House Square, Block: 2003 Lot: 13, Zone: “CBD”.

JOSEPH CIANCIULLI

CHAIRMAN, ZBA

Zoning Board of Appeals 2/17/2009 6:00 PM

Zoning Board of Appeals
2/17/2009 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, FEBRUARY 17, 2009, 2009 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:

# 5132 – Area Variance – Andrew Romano, Esq. on behalf of Pedro Ramos (owner), on premises known as 61 Palmer Road, Block: 2354 Lot: 45, Zone: “M”.

# 5139 – Area Variance - Andrew Romano, Esq on behalf of Faye Marji (owner), on premises known as 42 Burhans Avenue, Block: 2366 Lot: 1, Zone: “M”.

# 5142 – Change from one Non-Conforming use to Another – Andrew Romano, Esq. on behalf of B & A HQ LLC (owner), on premises known as 15 Kimball Avenue, Block: 6232 Lot: 1, Zone” T”.

# 5143 – Improvement/ Intensification of a Non-Conforming Use – Smith, Buss & Jacobs, LLP on behalf of Bharat Gandhi (owner), on premises known as 307 aka 323 Tuckahoe Road, Block: 4001 Lot: 125 & 133, Zone: “BR”.

# 5144 – Area Variance – Miguel A. Sostre, Architect on behalf of James Seyegh (owner), on premises known as 381 aka 385 Palisade Avenue, Block: 2159 Lot: 47, Zone: “MG”.

# 5145 – Intensification of a Non-Conforming Use – James G. Dibbini, Esq. on behalf of Delano Realty Group (owner), on premises known as 31 Harding Avenue, Block: 6230 Lot: 1, Zone: “T”.

# 5146 – Area Variance Veneruso, Curto, Schwartz & Curto LLP, on behalf of R & F Scarsdale, LLC (owner), on premises known as 2 & 10 Scarsdale Road, Block: 4546 Lot 50 & 52, Zone: “I”.

RE-HEARING:

# 5126 – Area Variance – Andrew Romano, Esq. on behalf of Alma R. Garcia (owner), for interior alterations to convert vacant retail space into an automobile driving school. Having insufficient parking, as per Section 43-128, Table 4 (required 4; proposed 2). Parking within 5’ of a property line is not permitted (proposed 0’) as per Section 43-44.B.5). And parking in the minimum front yard is not permitted (proposed 0’) as per Section 43-133.A.3), on premises know as 268 New Main Street, Block: 193 Lot: 20, Zone: “BA”.

NEW HEARINGS:

# 5147- Area Variance – Andrew Romano, Esq. on behalf of Stuart Rock (owner), for the construction of a new addition, containing a family room on the 1st floor (formerly a garage), bedroom & bathroom on the 2nd floor & for the legalization of an above ground pool in rear of an existing 1-family dwelling. Having insufficient side and total side yard, Section 43-27, Table 43-3 (required 6’/16’ total; proposed 3.4’/13.1’ total). Insufficient front yard (required 22.45’; proposed 20.6’) for roofed platform, as per Section 43-27, Table 43-3) (Gailmore Drive). Swimming pool not permitted within the minimum front yard setback or within 6’ of any property line, as per Section 43-41.P.1 & 6) (on East Grassy Sprain Road), on premises known as 193 Gailmore Drive, Block: 4461, Lot: 17, Zone: “S-60”.

# 4980 – a – Area Variance – Andrew Romano, Esq. on behalf of St. Gregorio’s Orthodox Church (owner), to convert a vacant funeral parlor into a church. Having insufficient lot width, Section 43-34.C.1 (required 150’; proposed 110’). Insufficient side yard, Section 43-34.C.2 (required 24’; proposed 13.8’). Insufficient rear yard, Section 43-34.C.2 (required 50’; proposed 17.75’). Insufficient front yard, Section 43-34.C.2 (required 50’; proposed 19.5’). Insufficient parking, Section 43-128 & Table 4 (required 50 cars; proposed 17 cars). Parking within the minimum front yard not permitted, Section 43-56 (G-4). And parking within the minimum side yard not permitted, Section 43-56F (8), on premises known as 50 Ludlow Street, Block: 162 Lot: 31, Zone: “M”.

JOSEPH CIANCIULLI

CHAIRMAN, ZBA