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Zoning Board of Appeals Meeting

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 17, 2018 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

# 5575– Use & Area Variance – Andrew Romano, Esq., on behalf of 125 Vark Street LLC, owner, on premises known as 125 Vark Street, Block: 508, Lot: 12, Zone: UR-MD

# 5580– Area Variance –Steven Accinelli, Esq., on behalf of Hudson Regency Venture LLC, owner, on premises known as 56 aka 52 Prospect Street (aka 78 & 86 Buena Vista Avenue aka 29, 33, 43, 45 Hawthorne Avenue), Block: 509, Lot: 1 (3, 8, 13, 14, 66, 72), Zone: UR-MD

# 5579– Area Variance –Project Expediters Inc., on behalf of Bank of America, lessee, on premises known as 928 McLean Avenue, Block: 6236, Lot: 23, Zone: B   

# 5584– Area Variance –Edwin O. Elliott, Jr. AIA, on behalf of Michael Lovastik, owner, on premises known as 271 Helena Avenue, Block: 4640, Lot: 54.55, Zone: S-75

# 5585– Area Variance –James G. Dibbini, Esq., on behalf of 148-158 Ludlow Street Corp, owner, on premises known as 158 Ludlow Street, Block: 165, Lot: 4, Zone: I

# 5587– Area Variance –Janet Giris, Esq., on behalf of Boyce Thompson Center LLC, owner, on premises known as 1086 North Broadway, Block: 3455, Lot: 66, Zone: IP

# 5588– Area Variance –Mark W. Blanchard, Esq., on behalf of Getty Petroleum Corp., lessee, on premises known as 1241 Nepperhan Avenue, Block: 3395, Lot: 50, Zone: BA

CONTINUED HEARINGS

# 5566 – Use & Area Variance – James Veneruso, Esq., on behalf of The Plant Manor LLC, owner, on premises known as 1097 North Broadway, Block: 3515, Lot: 80, Zone: CU **ADJOURNED until May 15, 2018**

# 5576– Area Variance – Matthew J. Smith, Esq. of Smith, Buss & Jacobs, LLP, on behalf of 495 Odell Ave Owners Inc., owner, on premises known as 1267 Nepperhan Avenue aka 495 Odell Avenue, Block: 3380, Lot: 1.40, Zone: BA

# 5582– Area Variance –Steven Accinelli, Esq., on behalf of Sammy Midland Properties Corp, owner, on premises known as 861 Midland Avenue, Block: 5054, Lot: 28 & 29, Zone: B

# 5586– Use & Area Variance –Snyder & Snyder LLP, on behalf of 5 Convent Ave Inc., owner, and T-Mobile, lessee on premises known as 5 Convent Avenue, Block: 2440, Lot: 32, Zone: M

NEW HEARINGS

# 5574– Use & Area Variance – Albert Montoya, architect, on behalf of David Kim, lessee, to legalize interior modifications of 2nd floor to be used as a personal customary service (day spa) whereas proposed use not permitted, Section 43-27, Table 43-1 - personal service is not a permitted use in an ''I'' Zone; insufficient parking; Section 43-128/Table 43-4 - requires four (4) additional parking spaces, on premises known as 397 aka 325 Yonkers Avenue, Block: 2272, Lot: 1, Zone: I 

# 5583– Use Variance –Patrick V. DeIorio, Esq., on behalf of 279 Jackson Avenue LLC, owner, for retaining walls, grading, drainage and landscaping whereas 43-27, Table 43-1, use is not permitted in an S-50 Zone. A Use Variance is required from the Zoning Board of Appeals, on premises known as 28 Fort Hill Avenue, Block: 4294, Lot: 1, Zone: S-50

# 5589– Area Variance –Edward D’Amore AIA, on behalf of Holy Trinity Russian Orthodox Greek Catholic Church, owner, to add a wheelchair lift with a grade level vestibule in the front yard setback of the existing school having insufficient front yard, Section 43-27, Table 43-3 (required 25 ft., proposed 0.67 ft.); insufficient side-front yard, Section 43-27, Table 43-3 (required 25 ft. , proposed 19.25 ft.); after ZBA approvals, Site Plan Review by the Planning Board is required, on premises known as 330 Ashburton Avenue aka 46 Seymour Street, Block: 2064, Lot: 9.15, Zone: M

# 5590– Area Variance –Michael J. McGarvey, P.E., P.C., on behalf of Bold Holding LLC, owner, to construct an addition of 740 sq. ft. to existing second floor to create more office space having insufficient parking, Section 43-128, Table 43-4 (required 17, proposed 11); parking within 5 feet of all property lines not permitted, Reference Yonkers Zoning Ordinance 43-44.A.9.b (Space #11-13); 10.0' minimum required setback of parking to public street or right-of-way 1.0' +/- (scaled) provided; per 43-134(A)(3); insufficient aisle width and parking space size for 90 degree parking per 43-134(A)(12), 24'.0' aisle minimum required/16'-0 provided (space 4); parking within 10 feet of a building on the same lot is not permitted (space #9), Reference Yonkers Zoning Ordinance 43-44.A.9.b; Site Plan approval required once ZBA approval received per 43-94(A), on premises known as 920 Nepperhan Avenue aka 916 (Old) Nepperhan Avenue, Block: 2389, Lot: 11, Zone: I

# 5591– Area Variance –James J. Veneruso, Esq., on behalf of Westhab, Inc., owner, to construct a five (5) story residential building atop a three (3) story parking garage having exceeding maximum permitted floor area ratio, Section 43-27, Table 43-3 (required 1.25, proposed 3.66); exceeding maximum permitted height, Section 43-27, Table 43-3 (required 65.0', proposed 74.0'); insufficient rear yard, Section 43-27, Table 43-3 (required 25.0', proposed 19.0' & 10.0' (scaled +/-)); parking within the minimum front yard not permitted, Section 43-133(A)1; parking within the minimum side yard not permitted, Section 43-133(A)1; parking within 5 feet of all property lines not permitted, Reference Yonkers Zoning Ordinance 43-44.A.9.b; parking spaces not permitted within 10.0' to right-of-away line to a public street (9.0' scaled) per 43-134A(4); provide parking space dimensions at parking garages; label handicap spaces/access aisles; verify egress requirements from garage levels; exceeding maximum permitted building coverage, Section 43-27, Table 43-3 (required 40%/proposed 56.10%), on premises known as 227 Elm Street, Block: 440, Lot: 32, Zone: M

# 5592– Use & Area Variance –Snyder & Snyder LLP, on behalf of T-Mobile Northeast LLC, lessee, to install a public utility wireless telecommunications facility on the roof of existing building whereas proposed use not permitted, Section 43-27, Table 43-1; exceeding maximum permitted height, Section 43-27, Table 43-3 (required 36 ft., proposed 70 ft.-5 in.); insufficient side yard, Section 43-27, Table 43-3 (required 12 ft. , proposed 11 ft.), on premises known as 47 Alta Avenue, Block: 198, Lot: 59, Zone: M

# 5593– Use & Area Variance –Snyder & Snyder LLP, on behalf of T-Mobile Northeast LLC, lessee, to install a public utility wireless telecommunications facility on the roof of the existing building and the base thereof whereas proposed use not permitted, Section 43-27, Table 43-1; exceeding maximum permitted height, Section 43-27, Table 43-3 (required 36 ft., proposed 66 ft.-9 in.); insufficient side yard, Section 43-27, Table 43-3 (required 12 ft., proposed zero ft.); insufficient front yard, Section 43-27, Table 43-3 (required 25 ft., proposed 12.5 ft.); after ZBA approval, Site Plan Review by the Planning Board is required, on premises known as 40 Locust Hill Avenue, Block: 2027, Lot: 84, Zone: M

JOSEPH CIANCIULLI

CHAIRMAN, ZBA


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