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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, DECEMBER 19, 2017 at 5:30 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

# 5551– Area Variance – Andrew Romano, Esq., on behalf of Simon Feldman, owner, on  premises known as 6 aka 8 Woodland Terrace, Block: 2139, Lot: 13.15, Zone: S-50

# 5555– Area Variance – Andrew Romano, Esq., on behalf of 196 Ashburton LLC, owner, on premises known as 196 Ashburton Avenue, Block: 2042, Lot: 10, Zone: B

# 5559 – Area Variance – Howard E. Berman, Esq., on behalf of Graphite Metallizing, owner, on premises known as 1028 Nepperhan Avenue, Block: 3092, Lot: 1, Zone: I

# 5560 – Area Variance – John L. Downs, architect, on behalf of Tanu Reddi, owner, on premises known as 57 Hampshire Road, Block: 5384, Lot: 55, Zone: S-200

*# 5561 – Area Variance – Andrew Romano, Esq., on behalf of WP41 Realty LLC, owner, on premises known as 41 Groshon Avenue, Block: 186, Lot: 117, Zone: A

# 5562 – Area Variance – Andrew Romano, Esq., on behalf of Said Assi, owner, on premises known as 951 aka 953 Mile Square Road, Block: 6354, Lot: 23, Zone: T

CONTINUED HEARINGS

# 5552– Area Variance – Andrew Romano, Esq., on behalf of The Elegant Hoarder LLC, contract vendee, on premises known as 324 aka 326 Nepperhan Avenue, Block: 2067, Lot: 50, Zone: I

# 5563 – Use & Area Variance – Snyder & Snyder LLP, on behalf of Bronx River Road LLC, owner, on premises known as 541 Bronx River Road, Block: 6387, Lot: 9, Zone: M

# 5564 – Improvement to a Non-Conforming Use – Peter Clements, RA of Property Resources Corporation, on behalf of MHACY, owner, on premises known as 15 & 25 Dunbar Street and 10 & 20 Kenmore Street, Block: 3116, Lot: 30, Zone: T

# 5565 – Area Variance – Peter Clements, RA of Property Resources Corporation, on behalf of MHACY, owner, on premises known as 21 Ellison Avenue, Block: 5643, Lot: 40, Zone: MG

NEW HEARINGS

# 5566 – Use & Area Variance – James Veneruso, Esq., on behalf of The Plant Manor LLC, owner, for proposed film and photo production location; banquet hall and venue for special events; hotel, restaurant and cabaret whereas proposed uses (Video Studio, Banquet Facilities, Hotel, Restaurant, Cabaret) not permitted, Section 43-27, Table 43-1; insufficient parking, Section 43-128, Table 43-4 (required Unknown; proposed Unknown), on premises known as 1097 North Broadway, Block: 3515, Lot: 80, Zone: CU **Adjourned until January 16, 2018**

# 5567 – Area Variance – Cuddy & Feder LLP, on behalf of Syro-Malankara Catholic Exarchate in USA Inc., owner, to addition of gathering space for parishioners to existing rectory and construction of a parking lot at rear of existing church whereas parking in the minimum side yard, or within 10 feet of a building, or 10 feet of a right of way is not permitted. Ref. 43-44.B and 43-134; parking within 5 feet of a property line not permitted. Ref 43-44.B.(5); insufficient rear yard: Permitted 50 ft.; Proposed 25 ft. Ref.43-27 Table 43-3, and 43-35.C; insufficient side yard: Permitted 24 ft.; Proposed 3 ft. Ref.43-27 Table 43-3, and 43-35.C; insufficient space between buildings: Permitted 40 ft.; Proposed 8.7 ft. Ref.43-27 Table 43-3 ,and 43-35.C; exceeding maximum permitted lot coverage: Permitted 40%; Proposed 42.5%, Ref.43-27 Table 43-3 ,and 43-35.C, on premises known as 18 Trinity Street, Block: 2066, Lot: 11, Zone: M

# 5568 – Area Variance – Andrew Romano, Esq., on behalf of Jorge Gelson, owner, for second floor renovation whereas insufficient side yard, Section 43-27, Table 43-3 (required 8.0, proposed 5.98') to deck; insufficient total side yard Section 43-27 Table 43-3 (required 17.0'/proposed 16.58' +/-); insufficient front yard, Section 43-27, Table 43-3 (required 22.05' +/- average alignment, proposed 20.1 +/-); encroachment into required side setback plane pursuant to Section 43-23H(a) - Administrative Variance request is not applicable to this (Administrative Variance only applies to front yard, side yard, rear yard and FAR), on premises known as 81 Round Hill Drive, Block: 4411, Lot: 17, Zone: S-60

# 5569 – Area Variance – John Iannacito, Architect, on behalf of Dorset Properties LLC, owner, for circular driveway whereas parking within the minimum front yard not permitted, Section 43-133.A.4.(c), semicircular driveway in minimum front yard, on premises known as 89 aka 2 Dorset Road, Block: 4957, Lot: 1, Zone: S-100

# 5570 – Area Variance – Steven Accinelli, Esq., on behalf of Michael and Stella O’Neill, owners, for re-apportionment of parcels whereas for Proposed Lot No. 87 - insufficient lot area per family, Section 43-27, Table 43-3 (required 5000 sq. ft., proposed 4996 sq. ft.); insufficient lot width, Section 43-27, Table 43-3 (required 50 ft., proposed 49.96 ft.), on premises known as 53 aka 59 Edgewood Avenue, Block: 6373, Lot: 87.89, Zone: MG

# 5571– Area Variance – Steven Accinelli, Esq., on behalf of CPD NY Energy Corporation, lessee, for demolition of existing convenience store and construction of new building along with site improvements whereas insufficient total side yard, Section 43-27, Table 43-3 (required 5.0, proposed 11.2); insufficient side yard, Section 43-27, Table 43-3 (required 25, proposed 5); insufficient side-front yard, Section 43-27, Table 43-3 (required 25, proposed 19.8') (to canopy at pumps) (Midland Avenue); insufficient rear yard, Section 43-27, Table 43-3 (required 25, proposed 18); insufficient front yard, Section 43-27, Table 43-3 (required 25.0, proposed 23.5) (to canopy at pumps) (Kimball Avenue); insufficient parking, Section 43-128, Table 43-4 (required 10, proposed 14); 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; accessory structures (trash enclosure) not permitted in front yard 43-42C(1), on premises known as 1282 Midland Avenue aka 838 Kimball Avenue, Block: 5245, Lot: 5, Zone: BR

# 5572 – Area Variance – Andrew Romano, Esq., on behalf of Patricio Cantos & Geralynn Batista, owner, to convert garage to living space and create front yard parking whereas parking within minimum front yard not permitted (43-134(A)1, on premises known as 15 Whistler Road, Block: 4939, Lot: 32, Zone: S-60

# 5573 – Area Variance – Bart Lansky, Esq., on behalf of Hojoon Sooja Kim, owner, to convert convenience store to automobile service station having insufficient rear yard Section 43-27, Table 43-3 (required 25, proposed 5.01); insufficient front yard, Section 43-27, Table 43-3 (required 25, proposed 6.66' to canopy (McLean Avenue)/10.66 to canopy (Harding Avenue)/7.42 to building and canopy (McLean Avenue); insufficient parking, Section 43-128, Table 43-4 (required 14, proposed 1); parking within the minimum front 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; insufficient side front yard 43-27/Table 43-3 (required 25.0'), proposed 6.08' @ building (W. Delano Avenue) & 12.75 to canopy; pumps shall be located no closer than 20' to property line, proposed 19.0' +/- (scaled) (McLean Avenue); parking within 10 feet of a building on the same lot is not permitted, Reference Yonkers Zoning Ordinance 43-44.A.9.b, on premises known as 853 aka 855 McLean Avenue, Block: 6229, Lot: 15.18, Zone: BR

JOSEPH CIANCIULLI

CHAIRMAN, ZBA

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