Zoning Board of Appeals

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Chairman: Joseph Cianciulli

Board Members:

  • James Blanchard
  • Vincent Giorgio
  • Jeffrey Landsman
  • Nancy Little
  • Diane Pearson
  • Harry Singh

The Zoning Board of Appeals is a seven-member board appointed by the Mayor.  The Board hears petitions for area and use variances from the Zoning Ordinance along with appeals from the interpretation of the Commissioner of Buildings. Meetings are usually held on the third Tuesday of each month in the Ceremonial Court in City Hall at 6:00 p.m.  All applications to the Board must be filed at least 22 days prior to the meeting and are filed and processed in the Department of Housing and Buildings. The agenda is prepared by the Building Department and is published in the required newspapers.

ZONING AREA & USE VARIANCE STANDARDS

ZONING ORDINANCE
(Click on link below, go to Chapter 43. Zoning, under Part V. Land Use)


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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, MARCH 20, 2018 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

# 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 

# 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

# 5577– Improvement to a Non-Conforming Use – Andrew Romano, Esq., on behalf of Lauro Campoverde, owner, on premises known as 2 Hamilton Avenue, Block: 161, Lot: 75, Zone: M

# 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

# 5581–Area Variance – Andrew Romano, Esq., on behalf of Victor Acevedo, owner, on premises known as 182 Devoe Avenue, Block: 6011, Lot: 80, Zone: S-50

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

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 

# 5579– Area Variance –Project Expediters Inc., on behalf of Bank of America, lessee, to replace two existing ATM machines in interior vestibule and add one new ATM in same vestibule having insufficient parking, Section 43-128 Table 43-4; schedule of parking requirements (non-residential accessory uses) new ATM requires two (2) additional spaces/proposed 0 cars, on premises known as 928 McLean Avenue, Block: 6236, Lot: 23, Zone: B   

# 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

# 5584– Area Variance –Edwin O. Elliott, Jr. AIA, on behalf of Michael Lovastik, owner, to convert garage to basement whereas parking within the minimum front yard not permitted, Section 43-133(A)1), 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, to change first floor from warehouse use to medium industrial having insufficient parking, Section 43-128 and Table 43-4,(required 29 spaces; proposed 20 spaces credit), on premises known as 158 Ludlow Street, Block: 165, Lot: 4, Zone: I

# 5586– Use & Area Variance –Snyder & Snyder LLP, on behalf of 5 Convent Ave Inc., owner, and T-Mobile, lessee to install a public utility wireless telecommunications facility on the roof of the existing building whereas proposed use not permitted, Section 43-27, Table 43-1; exceeding maximum permitted height, Section 43-27, Table 43-3 Non-residential (required 35 ft., proposed 58.5 ft.); insufficient side yard, Section 43-27, Table 43-3 (required 12 ft., proposed 1.19 ft.+/-); insufficient side-front yard, Section 43-27, Table 43-3 (required 25 ft., proposed 1.3 ft.+/-); insufficient rear yard, Section 43-27, Table 43-3 (required 25 ft., proposed 15.05 ft.+/- ); insufficient front yard, Section 43-27, Table 43-3 (required 25 ft., proposed 1.98 ft.+/- ), on premises known as 5 Convent Avenue, Block: 2440, Lot: 32, Zone: M

# 5587– Area Variance –Janet Giris, Esq., on behalf of Boyce Thompson Center LLC, owner, to construct two (2) pylon signs whereas a variance from Section 43-43(Q)(2)(a)(3) to permit an increase in the permitted square footage of the sign from 32 square feet to 120 square feet (12'0'' high by 10'0'' wide); a variance from Section 43-43(Q)(2)(a)(3)(d) to permit a reduction in the minimum setback for ground signs from 20 feet to 9'0'' and 5'0'' on North Broadway; a variance from Section 43-43(Q)(2)(a) to permit an increase in the permitted number of ground signs on each street frontage from 1 (permitted) to 3 (proposed) on North Broadway;  a variance from Section 47-7(A)(8) to permit an increase in the total number of permitted signs per location from 3 (permitted) to 6 (proposed), 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, for renovation of existing gas station whereas parking within 5.0' to property line not permitted per 43-44B(5), 0.0' provided; parking within 10.0 of building not permitted per 43-44B(5), 5.0' provided; parking within minimum front yard not permitted per 43-133(A)(1), 10.0' min. required, 5.3' +/- provided; insufficient front yard setback (to Island canopy); 10.0' min. required, 8.1 provided; insufficient rear yard setback; 20,0' min required, 0.0' provided; insufficient aisle width per 43-134(12) (Illustration #32), 24.0' min. (90 degree parking)/ 23,6' +/- provided; parking within 10.0' to right-of-way per 43-134A(4); 5.3' +/- provided; per 43-48D(2) pumps minimum 20' to property line (proposed 18.0' @ Odell Avenue/18.2' @ Nepperhan Avenue), on premises known as 1241 Nepperhan Avenue, Block: 3395, Lot: 50, Zone: BA

JOSEPH CIANCIULLI

CHAIRMAN, ZBA

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