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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, JUNE 19, 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

# 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

# 5583 – Use Variance –Patrick V. DeIorio, Esq., on behalf of 279 Jackson Avenue LLC, owner, on premises known as 28 Fort Hill Avenue, Block: 4294, Lot: 1, Zone: S-50

# 5590 – Area Variance –Michael J. McGarvey, P.E., P.C., on behalf of Bold Holding LLC, owner, 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, on premises known as 227 Elm Street, Block: 440, Lot: 32, Zone: M

# 5594 – Area Variance –Snyder & Snyder LLP, on behalf of Con Edison, owner, on premises known as 267 Saw Mill River Road, Block: 2410, Lot: 72, Zone: I

# 5595 – Area Variance – Vincent Castellano, Esq., on behalf of Chittenden Construction Corp, owner, on premises known as 25 Chittenden Avenue, Block: 4562, Lot: 57, Zone: S-50

# 5596 – Use & Area Variance  – Steven Accinelli, Esq., on behalf of St. Vladimir’s Orthodox Theological Seminary, owner, on premises known as 575 Scarsdale Road, Block: 4661, Lot: 1, Zone: CU

# 5597 – Area Variance –James G. Dibbini, Esq., on behalf of Louis Shallo and Vincent Cavorti, owner, on premises known as 49 aka 47 Dorchester Drive, Block: 4395, Lot: 68, Zone: S-75

 

CONTINUED HEARINGS

# 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  **adjourned to July 17, 2018**

# 5574 – Use & Area Variance – Albert Montoya, architect, on behalf of David Kim, lessee, on premises known as 397 aka 325 Yonkers Avenue, Block: 2272, Lot: 1, Zone: I

NEW HEARINGS

# 5575 – Improvement to a Non-Conforming Use & Area Variance – Steven A. Accinelli, Esq., on behalf of 125 Vark Street LLC, owner, for alterations of existing structure and addition of second story for office space with parking for 3 vehicles used in the operation of its business whereas reconstruction of structure used by a non-conforming use requires Zoning Board of Appeals approval as stated in Reference 43-21.E; the re-instatement of an abandoned non-conforming use, (garage with office), requires ZBA approval. Ref. 43-21.C; the physical enlargement of a non-conforming use, (addition of a second story), requires ZBA approval. Ref. 43-21.B.(1); insufficient lot area, Section 43-221.A.2 Table 43-9 (required 15000 sq. ft., proposed 1817 sq. ft.); insufficient lot width, Section 43-221.A.2, Table 43-9 (required 150 ft., proposed 36 ft.); insufficient side yard, Section 43-221.A.2, Table 43-9 (required 12 ft., proposed 0 ft.+/-); insufficient rear yard, Section 43-221.A.2, Table 43-9 (required 20 ft., proposed 0 ft. +/-); insufficient front yard, Section 43-221.A.2, Table 43-9 (required 5 ft., proposed 0ft. +/-); exceeding maximum permitted building coverage, Section 43-221.A.2, Table 43-9 (required 40% max: proposed 100% +/-); after ZBA approval, Site Plan Review by the Planning Board is required, on premises known as 125 Vark Street, Block: 508, Lot: 12, Zone: UR-MD

# 5598 – Appeal of a Decision of the Commissioner –Katherine Zalantis, Esq. of Silverberg Zalantis LLP, on behalf of Mutual Aid of paid Fire Department of the City of Yonkers, New York Inc. aka Local 628, I.A.F.F., AFL-CIO, appellant, to appeal the determination of the Commissioner of the Yonkers Department of Housing and Buildings to issue a final Certificate of Occupancy for the Lowes Home Improvement Retail Center project, on premises known as 100 Ridge Hill Blvd, Block: 4061, Lot: 1, Zone: PMD

# 5599 – Area Variance –Leonard Brandes, AIA, on behalf of Faghihi Management Corp., owner, for alterations to food preparation and eatery (Subway/Carvel); new retaining wall whereas 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 within 10 feet of the right-of-way not permitted, Section 43-134A(4); Site Plan approval is required per Section 43-94, on premises known as 1950 Central Park Avenue, Block: 4632, Lot: 18, Zone: M

# 5600 –Area Variance  – Steven Accinelli, Esq., on behalf of PTA Associates LLC, owner, to legalize the location of the structure having insufficient side yard, Section 43-27, Table 43-3 (required 6.0, proposed 4.1 +/-); insufficient front yard, Section 43-27, Table 43-3 (required 19.4' (average alignment), proposed 18.9' +/-), on premises known as 67 Ridge Drive, Block: 99, Lot: 7, Zone: S-50

# 5601 –Area Variance  – James G. Dibbini, Esq., on behalf of Frank Piekarz, owner, to re-apportion two lots into three lots whereas proposed lot #1 - insufficient side yard (required 11 ft./23 ft. total; proposed 7.05 ft/16.05 ft. total) Ref. 43-27, Table 43-3, on premises known as 656 East Grassy Sprain Road, Block: 4393, Lot: 1, Zone: S-75

# 5602 – Improvement to a Non-Conforming Use – Andrew Romano, Esq., on behalf of Jai Balaji Realty LLC, owner, to convert one service bay to an addition to existing convenience store whereas improvement to a non-conforming use requires Zoning Board of Appeals approval (Reference Yonkers Zoning Ordinance 43-21.G) (legal non-conforming automobile service station and convenience store), on premises known as 41 Alida Street aka 631 Yonkers Avenue, Block: 6071, Lot: 17.21, Zone: S-50

JOSEPH CIANCIULLI

CHAIRMAN, ZBA


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