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
Showing posts with label Zoning Board of Appeals Agenda. Show all posts
Showing posts with label Zoning Board of Appeals Agenda. Show all posts
Sunday, February 15, 2009
Tuesday, January 20, 2009
Zoning Board of Appeals Tuesday Jan 20th 2009 at 6:00pm
Image Copyright Martin McGloin 2009
Zoning Board of Appeals
1/20/2009 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, JANUARY 20, 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:
CONTINUED HEARING:
# 5033 – Area Variance – Andrew J. Balint, Esq. on behalf of B & N Apex Corp. (owner), to re-establish the use as a service station/ convenience store & 4 proposed pump islands situated under a canopy. Whereas, gasoline pumps to be 20’ minimum from any property line (16.3’ & 17’ +/- proposed). Show compliance with Section 43-75A, on premises known as 1051 aka 1065 Yonkers Avenue, Block: 6328 Lot: 49, Zone: “B”.
# 5073 – Appeal from an Interpretation by the Commissioner of Buildings – Kieran P. Holohan Esq. on behalf of Dr. Ronald J. Volino (applicant), Appeal from an Interpretation by the Commissioner of Buildings, on premises know as 1051 aka 1065 Yonkers Avenue, Block: 6328 Lot: 49, Zone: “B”.
# 5142 – Use Variance – Andrew Romano, Esq. on behalf of B & A HQ LLC (owner), interior alterations to convert a Doctor’s office into a Real Estate Management office. Whereas, approval of Zoning Board of Appeals required per ZBA conditions from case # 4318, on premises known as 15 Kimball Avenue, Block: 6232 Lot: 1, Zone” T”.
NEW HEARINGS:
# 5139 – Area Variance - Andrew Romano, Esq on behalf of Faye Marji (owner), to legalize the conversion of 3-family into a 4-family dwelling. Having insufficient parking, as per Section 43-127, Table 43-4 (required 2 spaces; provided 0 spaces). Exceeding maximum permitted FAR, as per Section 43-27, Table 43-3 (required 1.25’; proposed 1.42’). And insufficient lot area per family, as per Section 43-27, Table 43-3 (required 800 sq.ft.; provided 625 sq.ft.), on premises known as 42 Burhans Avenue, Block: 2366 Lot: 1, Zone: “M”.
# 5144 – Area Variance – Miguel A. Sostre, Architect on behalf of James Seyegh (owner),to convert the existing vacant structure into a 5-family multiple dwelling. Having insufficient lot width, Section 43-27, Table 43-3 (required 100’; proposed 90”0. Insufficient side yard/total side yard, 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”.
# 5145 – Intensification of a Non-Conforming Use – James G. Dibbini, Esq. on behalf of Delano Realty Group (owner), to reapportion property with an existing apartment building, for the proposed construction of a 2-family dwelling. Whereas, the intensification of a non-conforming use is not permitted (reducing the area of the lot for the multiple dwelling) as per Section 43-21.B.1.), 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), to reapportion the premises into (2) two separate parcels of land. Whereas, proposed lot # 52 does not have frontage on a street shown on the official City map as required per Section 43-33C. And parking within 5 ft. off property lines, Section 43-44B (5) (proposed 1 ft. +/- on lot #50), on premises known as 2 & 10 Scarsdale Road, Block: 4546 Lot 50 & 52, Zone: “I”.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
Sunday, January 11, 2009
Friday, January 9, 2009
Tuesday, January 6, 2009
Zoning Board of Appeals - Special Meeting Friday 1/9/2009 6:00 PM
Zoning Board of Appeals - Special Meeting
1/9/2009 6:00 PM
Ceremonial Courtroom (opp. Council Chambers)
City Hall-4th Floor
Yonkers, New York 10701
AGENDA FOR ZONING BOARD OF APPEALS
PLEASE TAKE NOTICE: A Special Public Hearing will be held before the Zoning Board of Appeals of the City of Yonkers on FRIDAY, JANUARY 9, 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 ONLY:
# 5053 – Area Variance –DelBello Donnellan Weingarten Wise & Wiederkehr, LLP (co-counsel), on behalf of Greyston Foundation, Inc. (owner), on premises known as 54 aka 56 Warburton Avenue, Block: 2017, Lot: 24, Zone: “CBD”.
# 5108 – Use & Area Variance – Andrew Romano, Esq. on behalf of Jacob Samra (owner), on premises known as 355 Warburton Avenue, Block: 2117 Lot: 14, Zone: “BR”.
# 5126 – Area Variance – Andrew Romano, Esq. on behalf of Alma R. Garcia (owner), on premises know as 268 New Main Street, Block: 193 Lot: 20, Zone: “BA”.
# 5130 – Area Variance – DelBello, Donnellan Weingarten Wise & Wiederkehr, LLP, on behalf of Gasoline & Car Wash Corp. Of Yonkers, (owner), & D Block Car Wash & Gas, Inc. (lessee), on premises known as 360 Nepperhan Avenue, Block: 2067 Lot: 69, Zone: “I”.
# 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”.
# 5133 – Area Variance – Andrew Romano, Esq. on behalf of Kalamuddin Khan (owner), on premises known as 438 Marlborough Road, Block: 2314 Lot: 63, Zone: “S-50”.
# 5135 – Area Variance – Andrew Romano, Esq. on behalf of 614 South Broadway LLC (owner), on premises known as 614 South Broadway, Block: 30 Lot: 52, Zone: “BR”.
# 5137 – Area Variance – James W. Badie, on behalf of Andree Jean (owner), on premises known as 10 Delavan Terrace, Block: 2157 Lot: 53, Zone: “MG”.
# 5138 – Area Variance – Antonucci & Associates on behalf of Mary Pilossoph (owner), on premises known as 62 Leighton Avenue, Block: 27, Lot: 33, Zone: “S-50”.
# 5140 - Use Variance – Richard G. Handler on behalf of Yonkers Plaza Shopping Center, LLC (owner & New Testament Ministry Church & School (lessee), on premises known as 25 Prospect Street, Block: 502 Lot 40, Zone: “BR”.
# 5141- Area Variance - Andrew Romano, Esq. on behalf of Frank & Aida Landi (owners), on premises known as 90 Hart Avenue, Block: 6280 Lot: 8, 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”.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
1/9/2009 6:00 PM
Ceremonial Courtroom (opp. Council Chambers)
City Hall-4th Floor
Yonkers, New York 10701
AGENDA FOR ZONING BOARD OF APPEALS
PLEASE TAKE NOTICE: A Special Public Hearing will be held before the Zoning Board of Appeals of the City of Yonkers on FRIDAY, JANUARY 9, 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 ONLY:
# 5053 – Area Variance –DelBello Donnellan Weingarten Wise & Wiederkehr, LLP (co-counsel), on behalf of Greyston Foundation, Inc. (owner), on premises known as 54 aka 56 Warburton Avenue, Block: 2017, Lot: 24, Zone: “CBD”.
# 5108 – Use & Area Variance – Andrew Romano, Esq. on behalf of Jacob Samra (owner), on premises known as 355 Warburton Avenue, Block: 2117 Lot: 14, Zone: “BR”.
# 5126 – Area Variance – Andrew Romano, Esq. on behalf of Alma R. Garcia (owner), on premises know as 268 New Main Street, Block: 193 Lot: 20, Zone: “BA”.
# 5130 – Area Variance – DelBello, Donnellan Weingarten Wise & Wiederkehr, LLP, on behalf of Gasoline & Car Wash Corp. Of Yonkers, (owner), & D Block Car Wash & Gas, Inc. (lessee), on premises known as 360 Nepperhan Avenue, Block: 2067 Lot: 69, Zone: “I”.
# 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”.
# 5133 – Area Variance – Andrew Romano, Esq. on behalf of Kalamuddin Khan (owner), on premises known as 438 Marlborough Road, Block: 2314 Lot: 63, Zone: “S-50”.
# 5135 – Area Variance – Andrew Romano, Esq. on behalf of 614 South Broadway LLC (owner), on premises known as 614 South Broadway, Block: 30 Lot: 52, Zone: “BR”.
# 5137 – Area Variance – James W. Badie, on behalf of Andree Jean (owner), on premises known as 10 Delavan Terrace, Block: 2157 Lot: 53, Zone: “MG”.
# 5138 – Area Variance – Antonucci & Associates on behalf of Mary Pilossoph (owner), on premises known as 62 Leighton Avenue, Block: 27, Lot: 33, Zone: “S-50”.
# 5140 - Use Variance – Richard G. Handler on behalf of Yonkers Plaza Shopping Center, LLC (owner & New Testament Ministry Church & School (lessee), on premises known as 25 Prospect Street, Block: 502 Lot 40, Zone: “BR”.
# 5141- Area Variance - Andrew Romano, Esq. on behalf of Frank & Aida Landi (owners), on premises known as 90 Hart Avenue, Block: 6280 Lot: 8, 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”.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
Monday, December 15, 2008
Zoning Board of Appeals Meeting 6:00pm Tuesday December 16th 2008
Zoning Board of Appeals
12/16/2008 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, DECEMBER 16, 2008 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:
# 5053 – Area Variance –DelBello Donnellan Weingarten Wise & Wiederkehr, LLP (co-counsel), on behalf of Greyston Foundation, Inc. (owner), on premises known as 54 aka 56 Warburton Avenue, Block: 2017, Lot: 24, Zone: “CBD”.
# 5108 – Use & Area Variance – Andrew Romano, Esq. on behalf of Jacob Samra (owner), on premises known as 355 Warburton Avenue, Block: 2117 Lot: 14, Zone: “BR”.
# 5126 – Area Variance – Andrew Romano, Esq. on behalf of Alma R. Garcia (owner), on premises know as 268 New Main Street, Block: 193 Lot: 20, Zone: “BA”.
# 5130 – Area Variance – DelBello, Donnellan Weingarten Wise & Wiederkehr, LLP, on behalf of Gasoline & Car Wash Corp. Of Yonkers, (owner), & D Block Car Wash & Gas, Inc. (lessee), on premises known as 360 Nepperhan Avenue, Block: 2067 Lot: 69, Zone: “I”.
# 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”.
# 5133 – Area Variance – Andrew Romano, Esq. on behalf of Kalamuddin Khan (owner), on premises known as 438 Marlborough Road, Block: 2314 Lot: 63, Zone: “S-50”.
# 5134 – Change from one Non-Conforming Use to another – Andrew J. Balint, Esq. on behalf of Alfred & Robert Leonelli (owners), on premises known as 34 Morningside Avenue, Block: 2166 Lot: 21, Zone: “M”.
# 5135 – Area Variance – Andrew Romano, Esq. on behalf of 614 South Broadway LLC (owner), on premises known as 614 South Broadway, Block: 30 Lot: 52, Zone: “BR”.
# 5136 – Area Variance – Andrew Romano, Esq. on behalf of St. Andrews Marthoma Church (owner), on premises known as 56 Crescent Place, Block: 6384 Lot: 45 Zone: “MG”.
# 5137 – Area Variance – James W. Badie, on behalf of Andree Jean (owner), on premises known as 10 Delavan Terrace, Block: 2157 Lot: 53, Zone: “MG”.
CONTINUED HEARING:
# 5033 – Area Variance – Andrew J. Balint, Esq. on behalf of B & N Apex Corp. (owner), to re-establish the use as a service station/ convenience store & 4 proposed pump islands situated under a canopy. Whereas, gasoline pumps to be 20’ minimum from any property line (16.3’ & 17’ +/- proposed). Show compliance with Section 43-75A, on premises known as 1051 aka 1065 Yonkers Avenue, Block: 6328 Lot: 49, Zone: “B”.
# 5073 – Appeal from an Interpretation by the Commissioner of Buildings – Kieran P. Holohan Esq. on behalf of Dr. Ronald J. Volino (applicant), Appeal from an Interpretation by the Commissioner of Buildings, on premises know as 1051 aka 1065 Yonkers Avenue, Block: 6328 Lot: 49, Zone: “B”.
NEW HEARINGS:
# 5138 – Area Variance – Antonucci & Associates on behalf of Mary Pilossoph (owner), to construct a 10’ high poured concrete retaining wall in the rear of an existing one-family dwelling. Exceeding maximum height of a retaining wall in the minimum rear yard, as per Section 43-41(D) (required 6’; proposed 10’), on premises known as 62 Leighton Avenue, Block: 27, Lot: 33, Zone: “S-50”.
# 5139 – Area Variance - Andrew Romano, Esq on behalf of Faye Marji (owner), to legalize the conversion of 3-family into a 4-family dwelling. Having insufficient parking, as per Section 43-127, Table 43-4 (required 2 spaces; provided 0 spaces). Exceeding maximum permitted FAR, as per Section 43-27, Table 43-3 (required 1.25’; proposed 1.42’). And insufficient lot area per family, as per Section 43-27, Table 43-3 (required 800 sq.ft.; provided 625 sq.ft.), on premises known as 42 Burhans Avenue, Block: 2366 Lot: 1, Zone: “M”.(Postponed till Jan. 2009).
# 4140 - Use Variance – Richard G. Handler on behalf of Yonkers Plaza Shopping Center, LLC (owner & New Testament Ministry Church & School (lessee), to operate a house of worship with an associated primary school – grades K-11. Whereas, the proposed use is not permitted, as per Section 43-27, Table 43-1, on premises known as 25 Prospect Street, Block: 502 Lot 40, Zone: “BR”.
# 5141- Area Variance - Andrew Romano, Esq. on behalf of Frank & Aida Landi (owners), for interior alterations to convert a garage into living space & permit front yard parking. Having insufficient parking space size, as per Section 43-134.A(9) (required 8 ½’ wide x 18’ long ; provided 8 ½’ x 15’). And parking in the front yard not permitted per Section 43-133A(1), on premises known as 90 Hart Avenue, Block: 6280 Lot: 8, Zone: “T”.
# 5142 – Use Variance – Andrew Romano, Esq. on behalf of B & A HQ LLC (owner), interior alterations to convert a Doctor’s office into a Real Estate Management office. Whereas, approval of Zoning Board of Appeals required per ZBA conditions from case # 4318, 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), for the renovation & addition of new rooms to the existing motel. Whereas, the improvement to a non-conforming use requires Zoning Board of Appeals approval per Section 43-21G. And the intensification of a non- conforming use is not permitted per Section 43-21B(1), on premises known as 307 aka 323 Tuckahoe Road, Block: 4001 Lot: 125 & 133, Zone: “BR”.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
12/16/2008 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, DECEMBER 16, 2008 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:
# 5053 – Area Variance –DelBello Donnellan Weingarten Wise & Wiederkehr, LLP (co-counsel), on behalf of Greyston Foundation, Inc. (owner), on premises known as 54 aka 56 Warburton Avenue, Block: 2017, Lot: 24, Zone: “CBD”.
# 5108 – Use & Area Variance – Andrew Romano, Esq. on behalf of Jacob Samra (owner), on premises known as 355 Warburton Avenue, Block: 2117 Lot: 14, Zone: “BR”.
# 5126 – Area Variance – Andrew Romano, Esq. on behalf of Alma R. Garcia (owner), on premises know as 268 New Main Street, Block: 193 Lot: 20, Zone: “BA”.
# 5130 – Area Variance – DelBello, Donnellan Weingarten Wise & Wiederkehr, LLP, on behalf of Gasoline & Car Wash Corp. Of Yonkers, (owner), & D Block Car Wash & Gas, Inc. (lessee), on premises known as 360 Nepperhan Avenue, Block: 2067 Lot: 69, Zone: “I”.
# 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”.
# 5133 – Area Variance – Andrew Romano, Esq. on behalf of Kalamuddin Khan (owner), on premises known as 438 Marlborough Road, Block: 2314 Lot: 63, Zone: “S-50”.
# 5134 – Change from one Non-Conforming Use to another – Andrew J. Balint, Esq. on behalf of Alfred & Robert Leonelli (owners), on premises known as 34 Morningside Avenue, Block: 2166 Lot: 21, Zone: “M”.
# 5135 – Area Variance – Andrew Romano, Esq. on behalf of 614 South Broadway LLC (owner), on premises known as 614 South Broadway, Block: 30 Lot: 52, Zone: “BR”.
# 5136 – Area Variance – Andrew Romano, Esq. on behalf of St. Andrews Marthoma Church (owner), on premises known as 56 Crescent Place, Block: 6384 Lot: 45 Zone: “MG”.
# 5137 – Area Variance – James W. Badie, on behalf of Andree Jean (owner), on premises known as 10 Delavan Terrace, Block: 2157 Lot: 53, Zone: “MG”.
CONTINUED HEARING:
# 5033 – Area Variance – Andrew J. Balint, Esq. on behalf of B & N Apex Corp. (owner), to re-establish the use as a service station/ convenience store & 4 proposed pump islands situated under a canopy. Whereas, gasoline pumps to be 20’ minimum from any property line (16.3’ & 17’ +/- proposed). Show compliance with Section 43-75A, on premises known as 1051 aka 1065 Yonkers Avenue, Block: 6328 Lot: 49, Zone: “B”.
# 5073 – Appeal from an Interpretation by the Commissioner of Buildings – Kieran P. Holohan Esq. on behalf of Dr. Ronald J. Volino (applicant), Appeal from an Interpretation by the Commissioner of Buildings, on premises know as 1051 aka 1065 Yonkers Avenue, Block: 6328 Lot: 49, Zone: “B”.
NEW HEARINGS:
# 5138 – Area Variance – Antonucci & Associates on behalf of Mary Pilossoph (owner), to construct a 10’ high poured concrete retaining wall in the rear of an existing one-family dwelling. Exceeding maximum height of a retaining wall in the minimum rear yard, as per Section 43-41(D) (required 6’; proposed 10’), on premises known as 62 Leighton Avenue, Block: 27, Lot: 33, Zone: “S-50”.
# 5139 – Area Variance - Andrew Romano, Esq on behalf of Faye Marji (owner), to legalize the conversion of 3-family into a 4-family dwelling. Having insufficient parking, as per Section 43-127, Table 43-4 (required 2 spaces; provided 0 spaces). Exceeding maximum permitted FAR, as per Section 43-27, Table 43-3 (required 1.25’; proposed 1.42’). And insufficient lot area per family, as per Section 43-27, Table 43-3 (required 800 sq.ft.; provided 625 sq.ft.), on premises known as 42 Burhans Avenue, Block: 2366 Lot: 1, Zone: “M”.(Postponed till Jan. 2009).
# 4140 - Use Variance – Richard G. Handler on behalf of Yonkers Plaza Shopping Center, LLC (owner & New Testament Ministry Church & School (lessee), to operate a house of worship with an associated primary school – grades K-11. Whereas, the proposed use is not permitted, as per Section 43-27, Table 43-1, on premises known as 25 Prospect Street, Block: 502 Lot 40, Zone: “BR”.
# 5141- Area Variance - Andrew Romano, Esq. on behalf of Frank & Aida Landi (owners), for interior alterations to convert a garage into living space & permit front yard parking. Having insufficient parking space size, as per Section 43-134.A(9) (required 8 ½’ wide x 18’ long ; provided 8 ½’ x 15’). And parking in the front yard not permitted per Section 43-133A(1), on premises known as 90 Hart Avenue, Block: 6280 Lot: 8, Zone: “T”.
# 5142 – Use Variance – Andrew Romano, Esq. on behalf of B & A HQ LLC (owner), interior alterations to convert a Doctor’s office into a Real Estate Management office. Whereas, approval of Zoning Board of Appeals required per ZBA conditions from case # 4318, 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), for the renovation & addition of new rooms to the existing motel. Whereas, the improvement to a non-conforming use requires Zoning Board of Appeals approval per Section 43-21G. And the intensification of a non- conforming use is not permitted per Section 43-21B(1), on premises known as 307 aka 323 Tuckahoe Road, Block: 4001 Lot: 125 & 133, Zone: “BR”.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
Monday, November 17, 2008
Zoning Board of Appeals 6:00 PM Tueday November 18th 2008
Zoning Board of Appeals
11/18/2008 6:00 PM Location: 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, NOVEMBER 18, 2008 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:
# 4945-A – Area Variance - DelBello, Donnellan, Weingarten, Wise & Wiederkehr, LLP on behalf of Brooks Shopping Center, LLC (owner), on premises known as Cross County Shopping Center, Block: 5170 Lots: 15, 40, 50, 55, 60, 65 70, 75, 77, 80, 85, 90, 95, 100, 105, 110, 150 & 200, Zone: “BR”.
# 5108 – Use & Area Variance – Andrew Romano, Esq. on behalf of Jacob Samra (owner), on premises known as 355 Warburton Avenue, Block: 2117 Lot: 14, Zone: “BR”.
# 5125 – Area Variance – Andrew Romano, Esq. on behalf of John Khader (owner), on premises known as 22 aka 24 Ashburton Avenue, Block: 2013 Lot: 20, Zone: “CM”.
# 5126 – Area Variance – Andrew Romano, Esq. on behalf of Alma R. Garcia (owner), on premises know as 268 New Main Street, Block: 193 Lot: 20, Zone: “BA”.
# 5127 – Area Variance & Improvement of a Non-Conforming Use – Andrew Romano, Esq. on behalf of Ziad Nassradin (owner), on premises known as 316 Mc Lean Avenue, Block: 50 Lot: 47, Zone: “BR”.
# 5128 –Area Variance & Improvement of a Non-Conforming Use –Kevin E. Molnar on behalf of Harriet Avolio (owner), on premises known as 30 South DeVoe Avenue, Block: 6004 Lot: 49, Zone: “T”.
# 5129 – Area Variance - DelBello, Donnellan Weingarten Wise & Wiederkehr, LLP -, on behalf of JOMO Realty of Yonkers (owner) & Mark East, Inc. (lessee), on premises known as 368 South Broadway, Block: 202 Lot: 65, Zone: “BA”.
# 5131 – Area Variance – Andrew Romano, Esq. on behalf of Pamela Management Corp. (owner), and Deirdre O’ Mara (lessee), on premises known as 68 South DeVoe Avenue aka 641 McLean Avenue, Block: 6004 Lot: 68, Zone: “B”.
CONTINUED HEARING:
# 5053 – Area Variance –DelBello Donnellan Weingarten Wise & Wiederkehr, LLP (co-counsel), on behalf of Greyston Foundation, Inc. (owner),for the construction of a “live-work Building” together with approximately 8,793 square feet of neighborhood retail space and related parking and infrastructure. Exceeding maximum permitted floor area ratio, Section 43-27, Table 43-3 (required 5.00; proposed 8.61). Exceeding maximum permitted height, Section 43-27, Table 43-3 (required 50’; proposed 121.03’+/-). Insufficient parking, Section 43-128 & Table 43-4 (required 188 spaces; proposed 151 spaces). Insufficient number of off-street loading spaces per Section 43-128, Table 43-5 (required 2; proposed 1). Loading space conflicts with 23 parking spaces on lowest garage level – requires Traffic Engineer’s recommendation per Section 43-134A(13) for waiver or Variance. Exceeding maximum permitted lot coverage, Section 43-27, Table 43-3 (required 90%; proposed 93.8 %+/-), on premises known as 54 aka 56 Warburton Avenue, Block: 2017, Lot: 24, Zone: “CBD”.
# 5130 – Area Variance – DelBello, Donnellan Weingarten Wise & Wiederkehr, LLP, on behalf of Courtsey Gas & Car Wash, Inc. (owner), to legalize the existing convenience store. Having insufficient parking for a convenience store in a service station, as per Section 43-1128, Table 4 (required 3; proposed 0), on premises known as 360 Nepperhan Avenue, Block: 2067 Lot: 69, Zone: “I”.
# 5033 – Area Variance – Andrew J. Balint, Esq. on behalf of B & N Apex Corp. (owner), to re-establish the use as a service station/ convenience store & 4 proposed pump islands situated under a canopy. Whereas, gasoline pumps to be 20’ minimum from any property line (16.3’ & 17’ +/- proposed). Show compliance with Section 43-75A, on premises known as 1051 aka 1065 Yonkers Avenue, Block: 6328 Lot: 49, Zone: “B”.
# 5073 – Appeal from an Interpretation by the Commissioner of Buildings – Kieran P. Holohan Esq. on behalf of Dr. Ronald J. Volino (applicant), Appeal from an Interpretation by the Commissioner of Buildings, on premises know as 1051 aka 1065 Yonkers Avenue, Block: 6328 Lot: 49, Zone: “B”.
NEW HEARINGS:
# 5132 – Area Variance – Andrew Romano, Esq. on behalf of Pedro Ramos (owner), to legalize a two-story addition with wooden stairs to a 3-family dwelling. Having insufficient side yard, Section 43-27, Table 43-3 (required 12; proposed 0.9+/-), on premises known as 61 Palmer Road, Block: 2354 Lot: 45, Zone: “M”.
# 5133 – Area Variance – Andrew Romano, Esq. on behalf of Kalamuddin Khan (owner), for the legalization of a front yard portico. Having insufficient front yard, as per Section 43-27, Table 43-3 & 43-33J(2), (required 17.55ft; proposed 12/33ft.), on premises known as 438 Marlborough Road, Block: 2314 Lot: 63, Zone: “S-50”.
# 5134 – Change from one Non-Conforming Use to another – Andrew J. Balint, Esq. on behalf of Alfred & Robert Leonelli (owners), to use a small portion of the westerly section of the existing building to be used as a mini-pizzeria. Whereas, a change from one non-conforming use to another non-conforming use requires Zoning Board of Appeals approval as per Section 43-21F. ZBA condition #2 from case # 4931 requires that the use only be a Laundromat – approval from Zoning Board of Appeals required for a change, on premises known as 34 Morningside Avenue, Block: 2166 Lot: 21, Zone: “M”.
# 5135 – Area Variance – Andrew Romano, Esq. on behalf of 614 South Broadway LLC (owner), interior alterations for retail space on the first floor & auto sales on the 2nd & 3rd floors. Exceeding maximum permitted floor area ratio, as per Section 43-27, Table 43-3 (required 1.5; proposed 2.5). Garage to be included, Section 43-26A. Exceeding maximum permitted height, as per Section 43-27, Table 43-3 (required 48; proposed unknown). Insufficient side yard, as per Section 43-27, Table 43-3 (required 25/50; proposed 0/0). Insufficient rear yard, as per Section 43-27, Table 43-3 (required 25; proposed 0). Insufficient front yard, as per Section 43-27, Table 43-3 (required 25; proposed 0). Exceeding maximum permitted building coverage (required 40% maximum; proposed 100+/-), as per Section 43-27, Table 43-3. Insufficient parking (required 77 spaces; proposed 29 spaces), as per Section 43-128, Table 43-4. Insufficient loading spaces (required 2; proposed 0) as per Section 43-128, Table 43-5. And insufficient driveway width (required 20’; proposed 12’) (Ref. Yonkers Zoning Ordinance 43-121.D.4, Illustration 28), on premises known as 614 South Broadway, Block: 30 Lot: 52, Zone: “BR”.
# 5136 – Area Variance – Andrew Romano, Esq. on behalf of St. Andrews Marthoma Church (owner), to construct a 1-story addition to the existing church. Having insufficient side yard, as per Section 43-27, Table 43-35C.2 (required 24’; proposed 8.8’). Insufficient side-front yard, as per Section 43-27, Table 43-35C.2 (required 50’; proposed 8.18). Insufficient front yard, as per Section 43-27, Table 43-1 & 43-35C.2 (required 50’; proposed 17.5+/-). And insufficient parking, as per Section 43-128, Table 43-4, (required 57 spaces; proposed 0 spaces on site (rental parking across street at P.S. 14), on premises known as 56 Crescent Place, Block: 6384 Lot: 45 Zone: “MG”.
# 5137 – Area Variance – James W. Badie, on behalf of Andree Jean (owner), constructed a 3rd story storage room to an existing two-family dwelling. Exceeding maximum permitted height, as per Section 43-37, Table 43-3 (required 35; proposed 38.5+/-), on premises known as 10 Delavan Terrace, Block: 2157 Lot: 53, Zone: “MG”.
JOSEPH CIANCIULLI, CHAIRMAN, ZBA
11/18/2008 6:00 PM Location: 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, NOVEMBER 18, 2008 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:
# 4945-A – Area Variance - DelBello, Donnellan, Weingarten, Wise & Wiederkehr, LLP on behalf of Brooks Shopping Center, LLC (owner), on premises known as Cross County Shopping Center, Block: 5170 Lots: 15, 40, 50, 55, 60, 65 70, 75, 77, 80, 85, 90, 95, 100, 105, 110, 150 & 200, Zone: “BR”.
# 5108 – Use & Area Variance – Andrew Romano, Esq. on behalf of Jacob Samra (owner), on premises known as 355 Warburton Avenue, Block: 2117 Lot: 14, Zone: “BR”.
# 5125 – Area Variance – Andrew Romano, Esq. on behalf of John Khader (owner), on premises known as 22 aka 24 Ashburton Avenue, Block: 2013 Lot: 20, Zone: “CM”.
# 5126 – Area Variance – Andrew Romano, Esq. on behalf of Alma R. Garcia (owner), on premises know as 268 New Main Street, Block: 193 Lot: 20, Zone: “BA”.
# 5127 – Area Variance & Improvement of a Non-Conforming Use – Andrew Romano, Esq. on behalf of Ziad Nassradin (owner), on premises known as 316 Mc Lean Avenue, Block: 50 Lot: 47, Zone: “BR”.
# 5128 –Area Variance & Improvement of a Non-Conforming Use –Kevin E. Molnar on behalf of Harriet Avolio (owner), on premises known as 30 South DeVoe Avenue, Block: 6004 Lot: 49, Zone: “T”.
# 5129 – Area Variance - DelBello, Donnellan Weingarten Wise & Wiederkehr, LLP -, on behalf of JOMO Realty of Yonkers (owner) & Mark East, Inc. (lessee), on premises known as 368 South Broadway, Block: 202 Lot: 65, Zone: “BA”.
# 5131 – Area Variance – Andrew Romano, Esq. on behalf of Pamela Management Corp. (owner), and Deirdre O’ Mara (lessee), on premises known as 68 South DeVoe Avenue aka 641 McLean Avenue, Block: 6004 Lot: 68, Zone: “B”.
CONTINUED HEARING:
# 5053 – Area Variance –DelBello Donnellan Weingarten Wise & Wiederkehr, LLP (co-counsel), on behalf of Greyston Foundation, Inc. (owner),for the construction of a “live-work Building” together with approximately 8,793 square feet of neighborhood retail space and related parking and infrastructure. Exceeding maximum permitted floor area ratio, Section 43-27, Table 43-3 (required 5.00; proposed 8.61). Exceeding maximum permitted height, Section 43-27, Table 43-3 (required 50’; proposed 121.03’+/-). Insufficient parking, Section 43-128 & Table 43-4 (required 188 spaces; proposed 151 spaces). Insufficient number of off-street loading spaces per Section 43-128, Table 43-5 (required 2; proposed 1). Loading space conflicts with 23 parking spaces on lowest garage level – requires Traffic Engineer’s recommendation per Section 43-134A(13) for waiver or Variance. Exceeding maximum permitted lot coverage, Section 43-27, Table 43-3 (required 90%; proposed 93.8 %+/-), on premises known as 54 aka 56 Warburton Avenue, Block: 2017, Lot: 24, Zone: “CBD”.
# 5130 – Area Variance – DelBello, Donnellan Weingarten Wise & Wiederkehr, LLP, on behalf of Courtsey Gas & Car Wash, Inc. (owner), to legalize the existing convenience store. Having insufficient parking for a convenience store in a service station, as per Section 43-1128, Table 4 (required 3; proposed 0), on premises known as 360 Nepperhan Avenue, Block: 2067 Lot: 69, Zone: “I”.
# 5033 – Area Variance – Andrew J. Balint, Esq. on behalf of B & N Apex Corp. (owner), to re-establish the use as a service station/ convenience store & 4 proposed pump islands situated under a canopy. Whereas, gasoline pumps to be 20’ minimum from any property line (16.3’ & 17’ +/- proposed). Show compliance with Section 43-75A, on premises known as 1051 aka 1065 Yonkers Avenue, Block: 6328 Lot: 49, Zone: “B”.
# 5073 – Appeal from an Interpretation by the Commissioner of Buildings – Kieran P. Holohan Esq. on behalf of Dr. Ronald J. Volino (applicant), Appeal from an Interpretation by the Commissioner of Buildings, on premises know as 1051 aka 1065 Yonkers Avenue, Block: 6328 Lot: 49, Zone: “B”.
NEW HEARINGS:
# 5132 – Area Variance – Andrew Romano, Esq. on behalf of Pedro Ramos (owner), to legalize a two-story addition with wooden stairs to a 3-family dwelling. Having insufficient side yard, Section 43-27, Table 43-3 (required 12; proposed 0.9+/-), on premises known as 61 Palmer Road, Block: 2354 Lot: 45, Zone: “M”.
# 5133 – Area Variance – Andrew Romano, Esq. on behalf of Kalamuddin Khan (owner), for the legalization of a front yard portico. Having insufficient front yard, as per Section 43-27, Table 43-3 & 43-33J(2), (required 17.55ft; proposed 12/33ft.), on premises known as 438 Marlborough Road, Block: 2314 Lot: 63, Zone: “S-50”.
# 5134 – Change from one Non-Conforming Use to another – Andrew J. Balint, Esq. on behalf of Alfred & Robert Leonelli (owners), to use a small portion of the westerly section of the existing building to be used as a mini-pizzeria. Whereas, a change from one non-conforming use to another non-conforming use requires Zoning Board of Appeals approval as per Section 43-21F. ZBA condition #2 from case # 4931 requires that the use only be a Laundromat – approval from Zoning Board of Appeals required for a change, on premises known as 34 Morningside Avenue, Block: 2166 Lot: 21, Zone: “M”.
# 5135 – Area Variance – Andrew Romano, Esq. on behalf of 614 South Broadway LLC (owner), interior alterations for retail space on the first floor & auto sales on the 2nd & 3rd floors. Exceeding maximum permitted floor area ratio, as per Section 43-27, Table 43-3 (required 1.5; proposed 2.5). Garage to be included, Section 43-26A. Exceeding maximum permitted height, as per Section 43-27, Table 43-3 (required 48; proposed unknown). Insufficient side yard, as per Section 43-27, Table 43-3 (required 25/50; proposed 0/0). Insufficient rear yard, as per Section 43-27, Table 43-3 (required 25; proposed 0). Insufficient front yard, as per Section 43-27, Table 43-3 (required 25; proposed 0). Exceeding maximum permitted building coverage (required 40% maximum; proposed 100+/-), as per Section 43-27, Table 43-3. Insufficient parking (required 77 spaces; proposed 29 spaces), as per Section 43-128, Table 43-4. Insufficient loading spaces (required 2; proposed 0) as per Section 43-128, Table 43-5. And insufficient driveway width (required 20’; proposed 12’) (Ref. Yonkers Zoning Ordinance 43-121.D.4, Illustration 28), on premises known as 614 South Broadway, Block: 30 Lot: 52, Zone: “BR”.
# 5136 – Area Variance – Andrew Romano, Esq. on behalf of St. Andrews Marthoma Church (owner), to construct a 1-story addition to the existing church. Having insufficient side yard, as per Section 43-27, Table 43-35C.2 (required 24’; proposed 8.8’). Insufficient side-front yard, as per Section 43-27, Table 43-35C.2 (required 50’; proposed 8.18). Insufficient front yard, as per Section 43-27, Table 43-1 & 43-35C.2 (required 50’; proposed 17.5+/-). And insufficient parking, as per Section 43-128, Table 43-4, (required 57 spaces; proposed 0 spaces on site (rental parking across street at P.S. 14), on premises known as 56 Crescent Place, Block: 6384 Lot: 45 Zone: “MG”.
# 5137 – Area Variance – James W. Badie, on behalf of Andree Jean (owner), constructed a 3rd story storage room to an existing two-family dwelling. Exceeding maximum permitted height, as per Section 43-37, Table 43-3 (required 35; proposed 38.5+/-), on premises known as 10 Delavan Terrace, Block: 2157 Lot: 53, Zone: “MG”.
JOSEPH CIANCIULLI, CHAIRMAN, ZBA
Tuesday, October 21, 2008
Zoning Board Meeting 6:00pm City Hall
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, OCTOBER 21, 2008 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:
#4869-a – Use & Area Variance Renewal – Cuddy & Feder LLP, on behalf of XM Satellite Radio, Inc., on premises known as 1 Father Finian Sullivan Drive, Block: 2171 Lot: 20, Zone: “BA”.
# 4945-A – Area Variance - DelBello, Donnellan, Weingarten, Wise & Wiederkehr, LLP on behalf of Brooks Shopping Center, LLC (owner), on premises known as Cross County Shopping Center, Block: 5170 Lots: 15, 40, 50, 55, 60, 65 70, 75, 77, 80, 85, 90, 95, 100, 105, 110, 150 & 200, Zone: “BR”.
# 5079 – Area Variance – Andrew Romano, Esq. on behalf of Abdo Chakkalo (owner), on premises known as 7 aka 9 Palisade Avenue, Block: 2018 Lot: 37, Zone: “CBD”.
# 5114 – Improvement of a Non-Conforming Use – Andrew Romano, Esq. on behalf of Thomas Browne (owner), on premises known as 326 Roberts Avenue, Block: 3057 Lot: 5, Zone: “S-50”.
# 5118 – Area Variance – Andrew Romano, Esq. on behalf of Edward Jodry (owner), on premises known as 87 aka 89 Joan Drive, Block: 5192 Lot: 1, Zone: “S-50”.
# 5122 – Area Variance – Better Living Sunrooms of New York on behalf of John Donaghy (owner), on premises known as 9 Larrimore Road, Block: 3234 Lot: 22, Zone: “S-50”.
# 5123 - Area Variance – Andrew Romano, Esq. on behalf of George Williams (owner), on premises known as 296 Kimball Avenue, Block: 6291 Lot: 19, Zone: “T”.
# 5124 – Area Variance – Andrew Romano, Esq. on behalf of Denna Mader (owner), on premises known as 230 Cook Avenue, Block: 5032 Lot: 127, Zone: “T”.
CONTINUED HEARING:
# 5033 – Area Variance – Andrew J. Balint, Esq. on behalf of B & N Apex Corp. (owner), to re-establish the use as a service station/ convenience store & 4 proposed pump islands situated under a canopy. Whereas, gasoline pumps to be 20’ minimum from any property line (16.3’ & 17’ +/- proposed). Show compliance with Section 43-75A, on premises known as 1051 aka 1065 Yonkers Avenue, Block: 6328 Lot: 49, Zone: “B”.
# 5073 – Appeal from an Interpretation by the Commissioner of Buildings – Kieran P. Holohan Esq. on behalf of Dr. Ronald J. Volino (applicant), Appeal from an Interpretation by the Commissioner of Buildings, on premises know as 1051 aka 1065 Yonkers Avenue, Block: 6328 Lot: 49, Zone: “B”.
# 5053 – Area Variance –DelBello Donnellan Weingarten Wise & Wiederkehr, LLP (co-counsel), on behalf of Greyston Foundation, Inc. (owner),for the construction of a “live-work Building” together with approximately 8,793 square feet of neighborhood retail space and related parking and infrastructure. Exceeding maximum permitted floor area ratio, Section 43-27, Table 43-3 (required 5.00; proposed 8.61). Exceeding maximum permitted height, Section 43-27, Table 43-3 (required 50’; proposed 121.03’+/-). Insufficient parking, Section 43-128 & Table 43-4 (required 188 spaces; proposed 151 spaces). Insufficient number of off-street loading spaces per Section 43-128, Table 43-5 (required 2; proposed 1). Loading space conflicts with 23 parking spaces on lowest garage level – requires Traffic Engineer’s recommendation per Section 43-134A(13) for waiver or Variance. Exceeding maximum permitted lot coverage, Section 43-27, Table 43-3 (required 90%; proposed 93.8 %+/-), on premises known as 54 aka 56 Warburton Avenue, Block: 2017, Lot: 24, Zone: “CBD”.
# 5125 – Area Variance – Andrew Romano, Esq. on behalf of John Khader (owner), for the expansion of the existing limousine garage, by expanding service bay on 1st floor & offices on the 2nd floor. Exceeding maximum permitted floor area ratio, as per Section 43-27, Table 43-3 (required 1.0; proposed 1.21). Insufficient side/total side yards, as per Section 43-27, Table 43-3 (required 16’/32’; proposed 0’/0’). Insufficient rear yard, as per Section 43-27, Table 43-3 (required 20’; proposed 7’-6” +/-). Insufficient front yard, as per Section 43-27, Table 43-3 (required 20’; proposed 1’-6” +/-). Insufficient parking, as per Section 43-128 & Table 43-4 (required 10 spaces; proposed 8 spaces). Insufficient setback from any property line per Section 43-138(1) (required 10’; proposed 0’ & 1’-6” +/-). Installation of lift not permitted by Section 43-38I (3). Exceeding maximum permitted lot coverage, as per Section 43-27, Table 43-3 (required 50%; proposed 15% +/-), on premises known as 22 aka 24 Ashburton Avenue, Block: 2013 Lot: 20, Zone: “CM”.
NEW HEARINGS:
# 5108 – Use & Area Variance – Andrew Romano, Esq. on behalf of Jacob Samra (owner), to legalize the existing 3-family dwelling. Whereas, the proposed use is not permitted, Section 43-27, Table 43-1 (prior non-conforming use terminated per Section 43-21 -3-family in “BR” zone). Insufficient lot area, Section 43-27, Table 43-3 (required 10,000 sq.ft; proposed not shown). Insufficient lot width, Section 43-27, Table 43-3 (required 100’; proposed 50’+/-). Insufficient side yard & total side yard, Section 43-27, Table 43-3 (required 25’/50’; proposed not shown). Insufficient rear yard, Section 43-27, Table 43-3 (required 25’; proposed not shown). Insufficient front yard, Section 43-27, Table 43-3 (required 25’; proposed not shown). Insufficient parking, Section 43-128 & Table 43-4 (required 6 spaces; proposed 0 spaces). Exceeding maximum permitted lot coverage, Section 43-27, Table 43-3 (required 40%; proposed not shown), on premises known as 355 Warburton Avenue, Block: 2117 Lot: 14, Zone: “BR”.
# 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 (credit)), on premises know as 268 New Main Street, Block: 193 Lot: 20, Zone: “BA”.
# 5127 – Area Variance & Improvement of a Non-Conforming Use – Andrew Romano, Esq. on behalf of Ziad Nassradin (owner), to legalize concrete block wall around building. Whereas, improvement to a non-conforming use pursuant to Section 43-21 (G) of the Yonkers Zoning Ordinance. Exceeding maximum permitted wall height in the side-front yard, Section 43-43F & 43-41P (required 4’ maximum; proposed 6’), on premises known as 316 Mc Lean Avenue, Block: 50 Lot: 47, Zone: “BR”.
# 5128 –Area Variance & Improvement of a Non-Conforming Use –Kevin E. Molnar on behalf of Harriet Avolio (owner), to construct an above grade wood deck at the rear of an existing one-family dwelling. Having insufficient side yard, as per Section 43-27, Table 43-3 & Section 43-33K (required 3’; proposed 0.4 7/8” +/-). Insufficient total side yards, as per Section 43-3 & Section 43-33K (required 8.25’; proposed 4’-10 ¼” +/-). Insufficient rear yard, as per Section 43-27, Table 43-3 (required 25’; proposed 16’-10 ¼” +/-). Improvement to a non-conforming use ( row house) requires Zoning Board of Appeals approval as per Section 43-21G, on premises known as 30 South DeVoe Avenue, Block: 6004 Lot: 49, Zone: “T”.
# 5129 – Area Variance - DelBello, Donnellan Weingarten Wise & Wiederkehr, LLP -, on behalf of JOMO Realty of Yonkers (owner) & Mark East, Inc. (lessee), to permit the construction of a new retail pharmacy. Having insufficient front yard, as per Section 43-27, Table 43-3 (required 10’; proposed 0’). Insufficient parking, as per Section 43-128 & Table 4 (required 47; proposed 38). Parking within the minimum front yard not permitted, as per Section 43-56 (G-4) (required 10’; proposed 3’). Parking within 10’ of a building is not permitted, as per Section 43-44.B.5. Proposed is 5’ (loading space). Parking within 5’ of a property line is not permitted, as per Section 43-44.B.5. Proposed loading spaces are 0’ from property line, on premises known as 368 South Broadway, Block: 202 Lot: 65, Zone: “BA”.
# 5130 – Area Variance – DelBello, Donnellan Weingarten Wise & Wiederkehr, LLP, on behalf of Courtsey Gas & Car Wash, Inc. (owner), to legalize the existing convenience store. Having insufficient parking for a convenience store in a service station, as per Section 43-1128, Table 4 (required 3; proposed 0), on premises known as 360 Nepperhan Avenue, Block: 2067 Lot: 69, Zone: “I”.
# 5131 – Area Variance – Andrew Romano, Esq. on behalf of Pamela Management Corp. (owner), and Deirdre O’ Mara (lessee), interior alterations to construct a dance studio and storage area. Having insufficient parking, as per Section 43-128 and Table 43-4 (required 8 additional parking spaces; proposed 0 spaces), on premises known as 68 South DeVoe Avenue aka 641 McLean Avenue, Block: 6004 Lot: 68, Zone: “B”.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
PLEASE TAKE NOTICE: A Public Hearing will be held before the Zoning Board of Appeals of the City of Yonkers on TUESDAY, OCTOBER 21, 2008 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:
#4869-a – Use & Area Variance Renewal – Cuddy & Feder LLP, on behalf of XM Satellite Radio, Inc., on premises known as 1 Father Finian Sullivan Drive, Block: 2171 Lot: 20, Zone: “BA”.
# 4945-A – Area Variance - DelBello, Donnellan, Weingarten, Wise & Wiederkehr, LLP on behalf of Brooks Shopping Center, LLC (owner), on premises known as Cross County Shopping Center, Block: 5170 Lots: 15, 40, 50, 55, 60, 65 70, 75, 77, 80, 85, 90, 95, 100, 105, 110, 150 & 200, Zone: “BR”.
# 5079 – Area Variance – Andrew Romano, Esq. on behalf of Abdo Chakkalo (owner), on premises known as 7 aka 9 Palisade Avenue, Block: 2018 Lot: 37, Zone: “CBD”.
# 5114 – Improvement of a Non-Conforming Use – Andrew Romano, Esq. on behalf of Thomas Browne (owner), on premises known as 326 Roberts Avenue, Block: 3057 Lot: 5, Zone: “S-50”.
# 5118 – Area Variance – Andrew Romano, Esq. on behalf of Edward Jodry (owner), on premises known as 87 aka 89 Joan Drive, Block: 5192 Lot: 1, Zone: “S-50”.
# 5122 – Area Variance – Better Living Sunrooms of New York on behalf of John Donaghy (owner), on premises known as 9 Larrimore Road, Block: 3234 Lot: 22, Zone: “S-50”.
# 5123 - Area Variance – Andrew Romano, Esq. on behalf of George Williams (owner), on premises known as 296 Kimball Avenue, Block: 6291 Lot: 19, Zone: “T”.
# 5124 – Area Variance – Andrew Romano, Esq. on behalf of Denna Mader (owner), on premises known as 230 Cook Avenue, Block: 5032 Lot: 127, Zone: “T”.
CONTINUED HEARING:
# 5033 – Area Variance – Andrew J. Balint, Esq. on behalf of B & N Apex Corp. (owner), to re-establish the use as a service station/ convenience store & 4 proposed pump islands situated under a canopy. Whereas, gasoline pumps to be 20’ minimum from any property line (16.3’ & 17’ +/- proposed). Show compliance with Section 43-75A, on premises known as 1051 aka 1065 Yonkers Avenue, Block: 6328 Lot: 49, Zone: “B”.
# 5073 – Appeal from an Interpretation by the Commissioner of Buildings – Kieran P. Holohan Esq. on behalf of Dr. Ronald J. Volino (applicant), Appeal from an Interpretation by the Commissioner of Buildings, on premises know as 1051 aka 1065 Yonkers Avenue, Block: 6328 Lot: 49, Zone: “B”.
# 5053 – Area Variance –DelBello Donnellan Weingarten Wise & Wiederkehr, LLP (co-counsel), on behalf of Greyston Foundation, Inc. (owner),for the construction of a “live-work Building” together with approximately 8,793 square feet of neighborhood retail space and related parking and infrastructure. Exceeding maximum permitted floor area ratio, Section 43-27, Table 43-3 (required 5.00; proposed 8.61). Exceeding maximum permitted height, Section 43-27, Table 43-3 (required 50’; proposed 121.03’+/-). Insufficient parking, Section 43-128 & Table 43-4 (required 188 spaces; proposed 151 spaces). Insufficient number of off-street loading spaces per Section 43-128, Table 43-5 (required 2; proposed 1). Loading space conflicts with 23 parking spaces on lowest garage level – requires Traffic Engineer’s recommendation per Section 43-134A(13) for waiver or Variance. Exceeding maximum permitted lot coverage, Section 43-27, Table 43-3 (required 90%; proposed 93.8 %+/-), on premises known as 54 aka 56 Warburton Avenue, Block: 2017, Lot: 24, Zone: “CBD”.
# 5125 – Area Variance – Andrew Romano, Esq. on behalf of John Khader (owner), for the expansion of the existing limousine garage, by expanding service bay on 1st floor & offices on the 2nd floor. Exceeding maximum permitted floor area ratio, as per Section 43-27, Table 43-3 (required 1.0; proposed 1.21). Insufficient side/total side yards, as per Section 43-27, Table 43-3 (required 16’/32’; proposed 0’/0’). Insufficient rear yard, as per Section 43-27, Table 43-3 (required 20’; proposed 7’-6” +/-). Insufficient front yard, as per Section 43-27, Table 43-3 (required 20’; proposed 1’-6” +/-). Insufficient parking, as per Section 43-128 & Table 43-4 (required 10 spaces; proposed 8 spaces). Insufficient setback from any property line per Section 43-138(1) (required 10’; proposed 0’ & 1’-6” +/-). Installation of lift not permitted by Section 43-38I (3). Exceeding maximum permitted lot coverage, as per Section 43-27, Table 43-3 (required 50%; proposed 15% +/-), on premises known as 22 aka 24 Ashburton Avenue, Block: 2013 Lot: 20, Zone: “CM”.
NEW HEARINGS:
# 5108 – Use & Area Variance – Andrew Romano, Esq. on behalf of Jacob Samra (owner), to legalize the existing 3-family dwelling. Whereas, the proposed use is not permitted, Section 43-27, Table 43-1 (prior non-conforming use terminated per Section 43-21 -3-family in “BR” zone). Insufficient lot area, Section 43-27, Table 43-3 (required 10,000 sq.ft; proposed not shown). Insufficient lot width, Section 43-27, Table 43-3 (required 100’; proposed 50’+/-). Insufficient side yard & total side yard, Section 43-27, Table 43-3 (required 25’/50’; proposed not shown). Insufficient rear yard, Section 43-27, Table 43-3 (required 25’; proposed not shown). Insufficient front yard, Section 43-27, Table 43-3 (required 25’; proposed not shown). Insufficient parking, Section 43-128 & Table 43-4 (required 6 spaces; proposed 0 spaces). Exceeding maximum permitted lot coverage, Section 43-27, Table 43-3 (required 40%; proposed not shown), on premises known as 355 Warburton Avenue, Block: 2117 Lot: 14, Zone: “BR”.
# 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 (credit)), on premises know as 268 New Main Street, Block: 193 Lot: 20, Zone: “BA”.
# 5127 – Area Variance & Improvement of a Non-Conforming Use – Andrew Romano, Esq. on behalf of Ziad Nassradin (owner), to legalize concrete block wall around building. Whereas, improvement to a non-conforming use pursuant to Section 43-21 (G) of the Yonkers Zoning Ordinance. Exceeding maximum permitted wall height in the side-front yard, Section 43-43F & 43-41P (required 4’ maximum; proposed 6’), on premises known as 316 Mc Lean Avenue, Block: 50 Lot: 47, Zone: “BR”.
# 5128 –Area Variance & Improvement of a Non-Conforming Use –Kevin E. Molnar on behalf of Harriet Avolio (owner), to construct an above grade wood deck at the rear of an existing one-family dwelling. Having insufficient side yard, as per Section 43-27, Table 43-3 & Section 43-33K (required 3’; proposed 0.4 7/8” +/-). Insufficient total side yards, as per Section 43-3 & Section 43-33K (required 8.25’; proposed 4’-10 ¼” +/-). Insufficient rear yard, as per Section 43-27, Table 43-3 (required 25’; proposed 16’-10 ¼” +/-). Improvement to a non-conforming use ( row house) requires Zoning Board of Appeals approval as per Section 43-21G, on premises known as 30 South DeVoe Avenue, Block: 6004 Lot: 49, Zone: “T”.
# 5129 – Area Variance - DelBello, Donnellan Weingarten Wise & Wiederkehr, LLP -, on behalf of JOMO Realty of Yonkers (owner) & Mark East, Inc. (lessee), to permit the construction of a new retail pharmacy. Having insufficient front yard, as per Section 43-27, Table 43-3 (required 10’; proposed 0’). Insufficient parking, as per Section 43-128 & Table 4 (required 47; proposed 38). Parking within the minimum front yard not permitted, as per Section 43-56 (G-4) (required 10’; proposed 3’). Parking within 10’ of a building is not permitted, as per Section 43-44.B.5. Proposed is 5’ (loading space). Parking within 5’ of a property line is not permitted, as per Section 43-44.B.5. Proposed loading spaces are 0’ from property line, on premises known as 368 South Broadway, Block: 202 Lot: 65, Zone: “BA”.
# 5130 – Area Variance – DelBello, Donnellan Weingarten Wise & Wiederkehr, LLP, on behalf of Courtsey Gas & Car Wash, Inc. (owner), to legalize the existing convenience store. Having insufficient parking for a convenience store in a service station, as per Section 43-1128, Table 4 (required 3; proposed 0), on premises known as 360 Nepperhan Avenue, Block: 2067 Lot: 69, Zone: “I”.
# 5131 – Area Variance – Andrew Romano, Esq. on behalf of Pamela Management Corp. (owner), and Deirdre O’ Mara (lessee), interior alterations to construct a dance studio and storage area. Having insufficient parking, as per Section 43-128 and Table 43-4 (required 8 additional parking spaces; proposed 0 spaces), on premises known as 68 South DeVoe Avenue aka 641 McLean Avenue, Block: 6004 Lot: 68, Zone: “B”.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
Tuesday, May 20, 2008
Zoning Board of Appeals Meeting Wednesday 6;00pm City Hall Yonkers
Zoning Board of Appeals
5/21/2008 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 WEDNESDAY, MAY 21, 2008 at 6:00 P.M. sharp, in the Ceremonial Courtroom, City Hall, 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:
#5053 – Area Variance – James Veneruso, Esq. on behalf of Greyston Foundation, Inc. (owner), on premises known as 54 aka 56 Warburton Avenue, Block: 2017, Lot: 24, Zone: “CBD”.
# 5079 – Area Variance – Andrew Romano, Esq. on behalf of Abdo Chakkalo (owner), on premises known as 7 aka 9 Palisade Avenue, Block: 2018 Lot: 37, Zone: “CBD”.
# 5089 – Area Variance –Andrew Romano, Esq. on behalf of Jack Nogieira (owner), on premises known as 412 Sommerville Place, Block: 2432 Lot: 158, Zone: “T”.
# 5093 – Area Variance – Howard E. Berman, Esq on behalf of Luke Brennan (owner) & Garage 591 Corp (Paul Leison) (lessee), on premises known as 587 aka 591 South Broadway, Block: 27, Lot: 21, Zone: “B”.
# 5094 _ Improvement of a Non-Conforming Use – Andrew Romano, Esq. on behalf of Sal & Josephine Villani (owners), on premises known as 32 Elissa Lane, Block: 4365 Lot: 144, Zone: “MG”.
# 5096 – Area Variance – Andrew Romano, Esq. on behalf of CPD Realty Corp (owner), on premises known as 14 Fullerton Avenue, Block: 5059 Lots: 67, 69, Zone: “B”.
# 5097 – Use & Area Variance – Snyder & Snyder on behalf of Arditi Realty Co. Inc. (owner) & Verizon Wireless (lessee), on premises known as 9 aka 15 Glover Avenue, Block: 6240 Lot: 16, Zone: “T”.
# 5099 – Improvement of a Non-Conforming Use – Andrew Romano, Esq. on behalf of Lula Jones (owner), on premises known as 1853 Central Park Avenue (apt 3-L), Block: 4445 Lot: 375, Zone: “BR”.
# 5100 – Improvement of a Non-Conforming Use – Andrew Romano, Esq. on behalf of Lettie K. Weldon (owner), on premises known as 1853 Central Park Avenue (apt. 3-M), Block: 4445 Lot: 375, Zone: “BR”.
# 5101 – Area Variance – Andrew Romano, Esq. on behalf of Butrymowicz Bogdan (owner), on premises know as 727 North Broadway, Block: 3016 Lot: 30, Zone: “S-50”.
# 5102 – Area Variance – Andrew Romano, Esq. on behalf of Eugene & Theresa Milo (owners), on premises known as 157 Homewood Avenue, Block: 2252 Lot: 5, Zone: “S-50”.
# 5103 – Area Variance – Andrew Romano, Esq. on behalf of Filomena Gomez (owner) & David Gonzales (lessee), on premises known as 189 Warburton Avenue, Block: 2098 Lot: 16, Zone: “CM”.
# 5104 – Area Variance – Darren Norris, on behalf of George Huang (owner), on premises known as 578 Nepperhan Avenue, Block: 2179 Lot: 5, Zone “I”.
# 5105 – Area Variance - Hocherman Tortorella & Wekstein, LLP & Thomas Haynes, Architect, on behalf of Vernon Management USA Corp. (owner), on premises known as 100 Caryl Avenue, Block: 38 Lot: 1, Zone: “A”.
CONTINUED HEARINGS:
# 5087 – Area Variance – Andrew Romano, Esq. on behalf of Sol Hirsch (owner), to apportion property to create a buildable lot. Whereas, the existing lot would have an insufficient rear yard (required 24.51’; proposed 14.5’) as per Section 43-27, Table 43-3. A patio may not be closer than 5’ to a rear property line: the existing patio will cross the property line on to the proposed Lot 80, as per Section 43-41.A.2. A patio may not cover more than 40% of the rear yard (proposed is 59 %+/-), as per Section 43-41.A.3, on premises known as 181 Kneeland Avenue, Block: 6011 Lot: 1, Zone: “S-50”.
# 5033 – Area Variance – Andrew J. Balint, Esq. on behalf of B & N Apex Corp. (owner), to re-establish the use as a service station/ convenience store & 4 proposed pump islands situated under a canopy. Whereas, gasoline pumps to be 20’ minimum from any property line (16.3’ & 17’ +/- proposed). Show compliance with Section 43-75A, on premises known as 1051 aka 1065 Yonkers Avenue, Block: 6328 Lot: 49, Zone: “B”.
# 5073 – Appeal from an Interpretation by the Commissioner of Buildings – Kieran P. Holohan Esq. on behalf of Dr. Ronald J. Volino (applicant), Appeal from an Interpretation by the Commissioner of Buildings, on premises know as 1051 aka 1065 Yonkers Avenue, Block: 6328 Lot: 49, Zone: “B”.
NEW HEARINGS:
# 5055-A Appeal of an Interpretation of the Commissioner of Buildings/ Use Variance – Ecker & Ecker on behalf of Erna Homes, Inc, Yosi Sason, principal (owner), to make repairs/alterations to an existing 3-family dwelling. Whereas, the proposed use is not permitted (3-family in a “CM” zone), as per Section 43-27, Table 43-1, on premises known as 169 Buena Vista Avenue, Block: 510 Lot: 47, Zone:”CM”.
# 5106 – Area Variance – Howard E. Berman, Esq. on behalf of Roger Carilli (owner), to legalize an addition to an existing 1-family dwelling for additional living space. Having insufficient total of side-yards (required 16’ total; proposed 13.08’+/-total) as per Section 43-27, Table 43-3, on premises known as 117 Jennifer Lane, Block: 4335 Lot: 12, Zone: “S-60”.
# 5107 – Area Variance – Andrew Romano, Esq. on behalf of Mason Equities, LTD. (owner), to renovate existing commercial office space to a retail store. Having insufficient parking, as per Section 43-128 & Table 43-4 (required 4; proposed 3 (credit)), on premises known as 297 aka 297A South Broadway, Block: 161 Lot: 12, Zone: “BA”.
# 5108 – Use & Area Variance – Andrew Romano, Esq. on behalf of Jacob Samra (owner), to legalize the existing 3-family dwelling. Whereas, the proposed use is not permitted, Section 43-27, Table 43-1 (prior non-conforming use terminated per Section 43-21 -3-family in “BR” zone). Insufficient lot area, Section 43-27, Table 43-3 (required 10,000 sq.ft; proposed not shown). Insufficient lot width, Section 43-27, Table 43-3 (required 100’; proposed 50’+/-). Insufficient side yard & total side yard, Section 43-27, Table 43-3 (required 25’/50’; proposed not shown). Insufficient rear yard, Section 43-27, Table 43-3 (required 25’; proposed not shown). Insufficient front yard, Section 43-27, Table 43-3 (required 25’; proposed not shown). Insufficient parking, Section 43-128 & Table 43-4 (required 6 spaces; proposed 0 spaces). Exceeding maximum permitted lot coverage, Section 43-27, Table 43-3 (required 40%; proposed not shown), on premises known as 355 Warburton Avenue, Block: 2117 Lot: 14, Zone: “BR”.
# 5109 – Area Variance – Andrew Romano, Esq. on behalf of Rafael Ulloa (owner), to legalize a portico over front entrance of an existing 2-family dwelling. Having insufficient front yard, as per Section 43-27, Table 43-3 (required 17.5; proposed 13.0), on premises known as 168 aka 166 Seminary Avenue, Block: 6401 Lot: 35, Zone: “T”.
# 5110 – Area Variance – Andrew Romano, Esq. on behalf of Kew Kelly-Youh (owner), to construct a new 1-family dwelling. Exceeding maximum permitted height, as per Section 43-27, Table 43-3 (required 35’; proposed 49.72’) & (required 2 ½ stories maximum; 3-stories proposed). Insufficient lot width, Section 43-27, Table 43-3 (required 75’; proposed 40’ at minimum required front-yard setback), on premises known as 641 Scarsdale Road, Block: 4760 Lot: 42, Zone: “S-75”.
# 5111- Area Variance –James G. Dibbini, Esq. on behalf of Dilegge& DeMeglio, LLC d/b/a/ Gianna’s Restaurant (owner), to expand the existing restaurant into the adjacent vacant deli area. Having insufficient off-street parking, Section 43-128 & Table 43-4 (7 additional spaces required). Insufficient off-street loading spaces per Section 43-128, Table 43-5 (required 1; proposed 0), on premises known as 1034 North Broadway, Block: 3415 Lot: 46, Zone: “PEP”.
# 5112 – Area Variance – Brendan O’Meara, Esq. on behalf of Alvaro Ferrante (owner), to create new lot by reapportioning the existing properties. Having insufficient lot area & lot area per family, as per Section 43-27, Table 43-3 (required 5,000; proposed 4,600) for each of three (3) proposed lots (lots 3, 5 & 8), on premises known as 135 Ridgewood Avenue, Block: 6335 Lot: 3, Zone: “S-50”.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
5/21/2008 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 WEDNESDAY, MAY 21, 2008 at 6:00 P.M. sharp, in the Ceremonial Courtroom, City Hall, 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:
#5053 – Area Variance – James Veneruso, Esq. on behalf of Greyston Foundation, Inc. (owner), on premises known as 54 aka 56 Warburton Avenue, Block: 2017, Lot: 24, Zone: “CBD”.
# 5079 – Area Variance – Andrew Romano, Esq. on behalf of Abdo Chakkalo (owner), on premises known as 7 aka 9 Palisade Avenue, Block: 2018 Lot: 37, Zone: “CBD”.
# 5089 – Area Variance –Andrew Romano, Esq. on behalf of Jack Nogieira (owner), on premises known as 412 Sommerville Place, Block: 2432 Lot: 158, Zone: “T”.
# 5093 – Area Variance – Howard E. Berman, Esq on behalf of Luke Brennan (owner) & Garage 591 Corp (Paul Leison) (lessee), on premises known as 587 aka 591 South Broadway, Block: 27, Lot: 21, Zone: “B”.
# 5094 _ Improvement of a Non-Conforming Use – Andrew Romano, Esq. on behalf of Sal & Josephine Villani (owners), on premises known as 32 Elissa Lane, Block: 4365 Lot: 144, Zone: “MG”.
# 5096 – Area Variance – Andrew Romano, Esq. on behalf of CPD Realty Corp (owner), on premises known as 14 Fullerton Avenue, Block: 5059 Lots: 67, 69, Zone: “B”.
# 5097 – Use & Area Variance – Snyder & Snyder on behalf of Arditi Realty Co. Inc. (owner) & Verizon Wireless (lessee), on premises known as 9 aka 15 Glover Avenue, Block: 6240 Lot: 16, Zone: “T”.
# 5099 – Improvement of a Non-Conforming Use – Andrew Romano, Esq. on behalf of Lula Jones (owner), on premises known as 1853 Central Park Avenue (apt 3-L), Block: 4445 Lot: 375, Zone: “BR”.
# 5100 – Improvement of a Non-Conforming Use – Andrew Romano, Esq. on behalf of Lettie K. Weldon (owner), on premises known as 1853 Central Park Avenue (apt. 3-M), Block: 4445 Lot: 375, Zone: “BR”.
# 5101 – Area Variance – Andrew Romano, Esq. on behalf of Butrymowicz Bogdan (owner), on premises know as 727 North Broadway, Block: 3016 Lot: 30, Zone: “S-50”.
# 5102 – Area Variance – Andrew Romano, Esq. on behalf of Eugene & Theresa Milo (owners), on premises known as 157 Homewood Avenue, Block: 2252 Lot: 5, Zone: “S-50”.
# 5103 – Area Variance – Andrew Romano, Esq. on behalf of Filomena Gomez (owner) & David Gonzales (lessee), on premises known as 189 Warburton Avenue, Block: 2098 Lot: 16, Zone: “CM”.
# 5104 – Area Variance – Darren Norris, on behalf of George Huang (owner), on premises known as 578 Nepperhan Avenue, Block: 2179 Lot: 5, Zone “I”.
# 5105 – Area Variance - Hocherman Tortorella & Wekstein, LLP & Thomas Haynes, Architect, on behalf of Vernon Management USA Corp. (owner), on premises known as 100 Caryl Avenue, Block: 38 Lot: 1, Zone: “A”.
CONTINUED HEARINGS:
# 5087 – Area Variance – Andrew Romano, Esq. on behalf of Sol Hirsch (owner), to apportion property to create a buildable lot. Whereas, the existing lot would have an insufficient rear yard (required 24.51’; proposed 14.5’) as per Section 43-27, Table 43-3. A patio may not be closer than 5’ to a rear property line: the existing patio will cross the property line on to the proposed Lot 80, as per Section 43-41.A.2. A patio may not cover more than 40% of the rear yard (proposed is 59 %+/-), as per Section 43-41.A.3, on premises known as 181 Kneeland Avenue, Block: 6011 Lot: 1, Zone: “S-50”.
# 5033 – Area Variance – Andrew J. Balint, Esq. on behalf of B & N Apex Corp. (owner), to re-establish the use as a service station/ convenience store & 4 proposed pump islands situated under a canopy. Whereas, gasoline pumps to be 20’ minimum from any property line (16.3’ & 17’ +/- proposed). Show compliance with Section 43-75A, on premises known as 1051 aka 1065 Yonkers Avenue, Block: 6328 Lot: 49, Zone: “B”.
# 5073 – Appeal from an Interpretation by the Commissioner of Buildings – Kieran P. Holohan Esq. on behalf of Dr. Ronald J. Volino (applicant), Appeal from an Interpretation by the Commissioner of Buildings, on premises know as 1051 aka 1065 Yonkers Avenue, Block: 6328 Lot: 49, Zone: “B”.
NEW HEARINGS:
# 5055-A Appeal of an Interpretation of the Commissioner of Buildings/ Use Variance – Ecker & Ecker on behalf of Erna Homes, Inc, Yosi Sason, principal (owner), to make repairs/alterations to an existing 3-family dwelling. Whereas, the proposed use is not permitted (3-family in a “CM” zone), as per Section 43-27, Table 43-1, on premises known as 169 Buena Vista Avenue, Block: 510 Lot: 47, Zone:”CM”.
# 5106 – Area Variance – Howard E. Berman, Esq. on behalf of Roger Carilli (owner), to legalize an addition to an existing 1-family dwelling for additional living space. Having insufficient total of side-yards (required 16’ total; proposed 13.08’+/-total) as per Section 43-27, Table 43-3, on premises known as 117 Jennifer Lane, Block: 4335 Lot: 12, Zone: “S-60”.
# 5107 – Area Variance – Andrew Romano, Esq. on behalf of Mason Equities, LTD. (owner), to renovate existing commercial office space to a retail store. Having insufficient parking, as per Section 43-128 & Table 43-4 (required 4; proposed 3 (credit)), on premises known as 297 aka 297A South Broadway, Block: 161 Lot: 12, Zone: “BA”.
# 5108 – Use & Area Variance – Andrew Romano, Esq. on behalf of Jacob Samra (owner), to legalize the existing 3-family dwelling. Whereas, the proposed use is not permitted, Section 43-27, Table 43-1 (prior non-conforming use terminated per Section 43-21 -3-family in “BR” zone). Insufficient lot area, Section 43-27, Table 43-3 (required 10,000 sq.ft; proposed not shown). Insufficient lot width, Section 43-27, Table 43-3 (required 100’; proposed 50’+/-). Insufficient side yard & total side yard, Section 43-27, Table 43-3 (required 25’/50’; proposed not shown). Insufficient rear yard, Section 43-27, Table 43-3 (required 25’; proposed not shown). Insufficient front yard, Section 43-27, Table 43-3 (required 25’; proposed not shown). Insufficient parking, Section 43-128 & Table 43-4 (required 6 spaces; proposed 0 spaces). Exceeding maximum permitted lot coverage, Section 43-27, Table 43-3 (required 40%; proposed not shown), on premises known as 355 Warburton Avenue, Block: 2117 Lot: 14, Zone: “BR”.
# 5109 – Area Variance – Andrew Romano, Esq. on behalf of Rafael Ulloa (owner), to legalize a portico over front entrance of an existing 2-family dwelling. Having insufficient front yard, as per Section 43-27, Table 43-3 (required 17.5; proposed 13.0), on premises known as 168 aka 166 Seminary Avenue, Block: 6401 Lot: 35, Zone: “T”.
# 5110 – Area Variance – Andrew Romano, Esq. on behalf of Kew Kelly-Youh (owner), to construct a new 1-family dwelling. Exceeding maximum permitted height, as per Section 43-27, Table 43-3 (required 35’; proposed 49.72’) & (required 2 ½ stories maximum; 3-stories proposed). Insufficient lot width, Section 43-27, Table 43-3 (required 75’; proposed 40’ at minimum required front-yard setback), on premises known as 641 Scarsdale Road, Block: 4760 Lot: 42, Zone: “S-75”.
# 5111- Area Variance –James G. Dibbini, Esq. on behalf of Dilegge& DeMeglio, LLC d/b/a/ Gianna’s Restaurant (owner), to expand the existing restaurant into the adjacent vacant deli area. Having insufficient off-street parking, Section 43-128 & Table 43-4 (7 additional spaces required). Insufficient off-street loading spaces per Section 43-128, Table 43-5 (required 1; proposed 0), on premises known as 1034 North Broadway, Block: 3415 Lot: 46, Zone: “PEP”.
# 5112 – Area Variance – Brendan O’Meara, Esq. on behalf of Alvaro Ferrante (owner), to create new lot by reapportioning the existing properties. Having insufficient lot area & lot area per family, as per Section 43-27, Table 43-3 (required 5,000; proposed 4,600) for each of three (3) proposed lots (lots 3, 5 & 8), on premises known as 135 Ridgewood Avenue, Block: 6335 Lot: 3, Zone: “S-50”.
JOSEPH CIANCIULLI
CHAIRMAN, ZBA
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