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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 WEDNESDAY, JANUARY 16, 2019 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

# 5611 – Area Variance  – Alan Roscoe, P.E., on behalf of McDonald’s Corporation, owner, on premises known as 1144 Yonkers Avenue, Block: 6303, Lot: 21.32, Zone: BA

# 5617 – Area Variance  – Steven A. Accinelli, Esq., on behalf of 70 Jackson Street LLC, owner, on premises known as 70 Jackson Street, Block: 186, Lot: 132, Zone: A

# 5620 – Area Variance  – Bart Lansky, Esq., on behalf of 953-959 Central Park Avenue LLC, owner, on premises known as 953 Central Park Avenue, Block: 5093, Lot: 18.19, Zone: CM

# 5623 – Intensification to a Non-Conforming Use & Area Variance  – Steven A. Accinelli, Esq., on behalf of Catholic Slovak Club Inc., owner, on premises known as 90 aka 88 Clarendon Avenue, Block: 2368, Lot: 40 & 45, Zone: M

# 5625 – Area Variance  – James G. Dibbini, Esq., on behalf of Puro Fuego Bar & Grill Restaurant Corp., lessee, on premises known as 163-169 McLean Avenue, Block: 43, Lot: 22.25, Zone: BR

# 5629 – Modify ZBA Condition – Andrew Romano, Esq., on behalf of Antone Daoud, owner, on premises known as 58 aka 60 Elm Street, Block: 475, Lot: 1, Zone: D-MX

# 5630 – Area Variance  – James Dibbini, Esq., on behalf of Kelner Realty LLC, owner, on premises known as 52 Herriot Street, Block: 186, Lot: 122, Zone: A

# 5631 – Area Variance  – Taylor Palmer, Esq. of Cuddy & Feder LLP, on behalf of Syro-Malankara Catholic Eparchy of the United States and Canada Inc., owner, on premises known as 18 Trinity Street, Block: 2066, Lot: 11, Zone: M

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 

# 5627 – Area Variance  – James Veneruso, Esq., on behalf of 1219 Yonkers Ave LLC, owners, on premises known as 453 Bronx River Road aka 1219 Yonkers Avenue, Block: 6383, Lot: 6, Zone: BA

# 5628 – Area Variance  – Andrew Romano, Esq., on behalf of Charter School of Educational Excellence, owner, on premises known as 220 Warburton Avenue, Block: 2106, Lot: 30, Zone: M

NEW HEARINGS

# 5632 – Area Variance & Improvement to a Non-Conforming Use – Alan Roscoe, P.E., on behalf of Tuckahoe Road Management Corp, owner, for proposed remodel consisting of interior and exterior renovations; site improvements to address ADA compliance issues; replace ordering equipment at McDonald’s Restaurant whereas improvement to a non-conforming use requires Zoning Board of Appeals approval (Reference Yonkers Zoning Ordinance 43-21.G);  a non-conforming use shall not be enlarged, intensified, altered, structurally or extended without Zoning Board of Appeals approval (Reference Section 43-21.B.1 & 43.21.B.2); insufficient parking, Section 43-128, Table 43-4 (required 25 cars, proposed 14 cars); parking within the minimum front yard not permitted, Section 43-133(A)1 (relocated handicap space (n/w side) and parallel space (n/e side); insufficient queuing spaces at drive-thru lane - 8 cars required/7 cars proposed; insufficient back-up aisle at two (2) parking spaces adjacent to trash enclosure; 24'-0'' required, 22'-0'' +/- (scaled) proposed; non-compliance with 43-36G(3) - drive-thru window shall not be located on building facade that faces a public street, on premises known as 336 Tuckahoe Road, Block: 5492, Lot: 2.5, Zone: CM

# 5633 – Modify ZBA Condition  – James G. Dibbini, Esq., on behalf of Gregory Keleshian, owner, to convert a retail furniture store to physical therapy office and 2nd floor medical office whereas pursuant to ZBA Case #3351, Condition #1 - ''this building & property be used for the applicant's business as it is today only; that being stated at the hearing, a typewriter business, no - sublease or tenants without ZBA approval after proper procedures'', proposed use: medical establishment (physical therapy) on 1st floor, medical establishment on 2nd floor, on premises known as 2025 Central Park Avenue, Block: 4385, Lot: 60, Zone: BR

# 5634 – Area Variance  – James G. Dibbini, Esq., on behalf of JSLB Yonkers LLC, owner, to legalize the conversion of 5 family dwelling to its original use of 6 family dwelling having insufficient parking, Section 43-128, Table 43-4 (required 2 additional spaces, proposed 0 cars), on premises known as 211 Sommerville Place, Block: 2438, Lot: 29, Zone: M

# 5635 – Area Variance  – Dimovski Architecture, on behalf of Anthony Iengo, owner, to enclose existing deck to create all season porch & legalize front entry canopy having non-compliance with Section 43-34H(3) - side wall articulation (30' max wall length/2' x 10' min offset), (6'' x 12' offset provided); insufficient front yard setback to front covered porch to be legalized, Section 43-27, Table 43-3 (20' minimum required/12.1' provided), on premises known as 47 Highview Terrace, Block: 6012, Lot: 70, Zone: S-50

# 5636 – Area Variance  – Steven A. Accinelli, Esq., on behalf of Virgin Mary Eastern Catholic Orthodox Church, owner, for alterations of existing structure to conform to the characteristics of the Eastern Catholic Orthodox Church exceeding maximum permitted height, Section 43-27, Table 43-3 (required 35 ft., proposed 49 ft. 5 in.); insufficient side yard, Section 43-27, Table 43-3 (required 24 ft. -one side ; proposed 12 ft.-6 in.); insufficient front yard, Section 43-27, Table 43-3 (required 50 ft.; proposed 10 ft.-6 in.); insufficient parking, Section 43-128, Table 43-4 (required 19 additional ; proposed 14 additional); parking within 5 feet of all property lines not permitted, Reference Yonkers Zoning Ordinance 43-44.A.9.b. (proposed distance 4 feet); parking within 10 feet of a building on the same lot is not permitted, reference Yonkers Zoning Ordinance 43-44.A.9.b., proposed zero feet; parking space to be 8'-6'' wide x 18'-0'' length, Section 43-134.A.9. (proposed space dimensions 8''-6'' wide x 16'-0'' length, for 3 compact car spaces); parking spaces shall not require excessive maneuvering. The approving agency shall make a determination of whether a parking space is useable. Reference 43-134.A.(5). Space 58, 59. and 60 appear unusable without excessive maneuvering, on premises known as 222 Grandview Blvd, Block: 4600, Lot: 1.13, Zone: S-100

JOSEPH CIANCIULLI

CHAIRMAN, ZBA


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