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Wednesday, September 19, 2007

Zoning Board of Appeals Meeting at 6:00pm September 20th

Zoning Board of Appeals
9/20/2007 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 THURSDAY, SEPTEMBER 20, 2007 at 6:00 P.M. sharp, in the City Council Chambers, 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

# 5045 –Use & Area Variance & Appeal of an Interpretation of the Commissioner of Buildings of the Use Variance Requirement – Andrew Romano, Esq. on behalf of K’Hal Adath Jeshurum (owner), on premises known as 222 Grandview Blvd. Block: 4600 Lot: 1, Zone: “S-100”.

# 5048 – Area Variance & Improvement /Intensification of a Non-Conforming Use – Hal B. Greenwald, Esq. on behalf of Ronald Harrington (owner), on premises known as 18 Orchard Street, Block: 2076 Lot: 19, Zone: “CM

CONTINUED HEARINGS:

# 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”.

# 5051 – Area Variance – David Robak, R.A. on behalf of Juan Ruiz (owner), to construct a 2-car parking space in the front yard of an existing 1-family dwelling. Whereas; parking within the minimum front yard not permitted, as per Section 43-56. Parking space to be 8’-6” wide & 18’-0 length, as per Section 43-143(9); proposed 7.4’ x 16.5’. And exceeding the maximum height of a retaining wall in the minimum front yard (required 4’; proposed 9.5’) Section 43-41(D),on premises known as 186 Sedgewick Avenue, Block: 74 Lot: 53, Zone: “T”.

# 5053 – Area Variance – James Veneruso, Esq. on behalf of Greyston Foundation, Inc. (owner), to construct a new residential/retail structure with 108 units. Exceeding maximum permitted lot coverage, Section 43-27, Table 43-3 (required 90%; proposed 97.2%). Exceeding maximum permitted floor area ratio, Section 43-27, Table 43-3 (required 5.00; proposed 8.70). Exceeding maximum permitted height, Section 43-27, table 43-3 (required 50’; proposed 149’-9” +/-). Insufficient parking, Section 43-128 & Table 43-4 (required 187 spaces; proposed 147 spaces). And insufficient number of off-street loading spaces per Section 43-128, Table 54-5 (required 2; proposed 1), on premises known as 54 aka 56 Warburton Avenue, Block: 2017, Lot: 24, Zone: “CBD”.

NEW HEARINGS:

# 4857-A – Area Variance – Andrew Romano, Esq. on behalf of Musa Sumreen (owner), to apportion property into 2 lots, one improved by a 1-family dwelling, and the other a proposed 1-family dwelling. Whereas, the new proposed building would have insufficient rear yard (required 25’; proposed 12’). And insufficient front yard (required 29.95’ (average alignment); proposed 25’), as per Section 43-27, Table 43-3 & 43-33.J.2), on premises known as 61 Cresthill Road, Block: 4600 Lot: 255, Zone: “S-75”.

# 5019 – Area Variance –James Veneruso, Esq. on behalf of Remy Yonkers Property Corp. (owner), to construct a new 10-story mixed use building. Exceeding maximum permitted F.A.R. per Section 43-33N(3) (3.2 required; 3.36 proposed). Insufficient side yard, Section 43-27, Table 43-3 (required 16’; proposed 0’+/-) (residential lobby). Insufficient rear yard, Section 43-27, Table 43-3 (required 25’; proposed 0’+/-) (commercial storage space). Insufficient front yard, Section 43-54, Table 43-3 (required 10’; proposed 0’+/-) (commercial space). Insufficient parking, Section 43-128 and Table 43-4, (required 210 spaces; proposed 125 spaces). Parking within the minimum front yard not permitted, Section 43-133A(3). Parking within the minimum side yard not permitted, Section 43-133A(3). Parking within 10’ of building not permitted per Section 43-44B(5) (proposed 5’ & 0’). Parking within 5’ of property line not permitted per Section 43-44B(5) (3’+/- & 0’+/- proposed). Parking space required to be 8’-6” wide x 18’-0” length, proposed 8’ wide x 18’ length for 5 spaces, on premises known as 303-307 South Broadway, Block: 161 Lot: 15,17,19, Zone: “BA”.

# 5049 – Area Variance – Ersilia Laurino on behalf of herself (owner), to convert an existing 1-family into a 2-family dwelling. Having insufficient lot area per family, as per Section 43-27, Table 43-3 (required 2,500 sq.ft.; proposed 2,291.5 sq.ft). Insufficient lot width, as per Section 43-27, Table 43-3 (required 50ft.; existing 45.83ft). And insufficient side yards, as per Section 43-27, Table 43-3 (required 4.48’/13.96’; proposed 3.67’/12.42’), on premises known as 811 Mile Square Road, Block: 6093 Lot: 11, Zone: “T”.

# 5056- Area Variance – Frank Coppola, Esq. on behalf of Samer Marji (owner), to convert existing vacant retail space into a Martial Arts School. Having insufficient parking, as per Section 43-128, Table 43-4 (required 12 spaces; proposed 0), on premises known as 301 Saw Mill River Road, Block: 2410 Lot: 97, Zone: “I”.

# 5057 –Withdrawn

# 5058 – Use & Area Variance – Cuddy & Feder LLP on behalf of Casco Bay Realty Ltd. Partnership (owner) & New Cingular Wireless PCS, LLC (lessee), to co-locate a wireless facility on the rooftop of the existing building & associated equipment cabinets on the mezzanine level. 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 112.5’+/-; proposed 126’ +/-), on premises known as 230 Yonkers Avenue, Block: 405 Lot: 100, Zone: “BA”.

# 5059 – Area Variance – Andrew Romano, Esq. on behalf of N. James Sayegh M.D. (owner), to convert an existing vacant professional office building into a 6-family multiple dwelling. Having insufficient lot width, as per Section 43-27, Table 43-3 (required 100’; proposed 90’), on premises known as 381 aka 385 Palisade Avenue, Block: 2159 Lot: 47, Zone: “MG”.

# 5060 – Area Variance – Andrew Romano, Esq. on behalf of George Samaras (owner), to convert existing space into a check cashing store. Having insufficient parking, as per Section 43-128, Table 4 (required 5; proposed 2), on premises known as 243 New Main Street, Block Lot: 492 Lot: 11, Zone: “CM”.

# 5061 – Area Variance – Andrew Romano, Esq. on behalf of Dean & Vicki Tatarian (owners), to construct a 2nd floor addition, containing a master bedroom & bathroom. Having insufficient rear yard, as per Section 43-27, Table 43-3 (required 25’; proposed 20.29’), on premises known as 3 Byrd Place aka 50 Helena Avenue, Block: 4617, Lot: 15, Zone: “S-50”.

# 5062 – Area Variance – Andrew Romano, Esq. on behalf of Leonidas Vlahopoulos (owner), alterations to convert retail space to a restaurant with outdoor dining. Having insufficient parking, as per Section 43-128 & Table 43-4 (required 12 for restaurant + 4 outdoor dining = 16 total; proposed – none), on premises known as 22 aka 24 Main Street, Block: 500 Lot: 3, Zone: “CBD”.

JOSEPH CIANCIULLI

CHAIRMAN