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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 18, 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

# 5609 – Area Variance  – Edward J. Guardaro, Jr., Esq., on behalf of 1969 Central Park Ave LLC, owner, on premises known as 1969 Central Park Avenue, Block: 4385, Lot: 1, 2, 3, 4, 5, 6, 7, 8.1, 11, 12.15, 201 & 206, Zone: BR

# 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

# 5616 – Use & Area Variance  – Andrew Romano, Esq., on behalf of 155 Warburton Ave Realty LLC, owner, on premises known as 155 Warburton Avenue, Block: 2099, Lot: 13, Zone: CM

# 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

# 5618 – Use & Area Variance  – Michael Sussman, Esq., on behalf of Taffy Williams, owner, on premises known as 191 Westchester Avenue, Block: 4573, Lot: 11.12, Zone: S-50

# 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

# 5622 – Area Variance  – Steven A. Accinelli, Esq., on behalf of 1755 Associates LLC, owner of #372 & #374 & PMT Realty LLC, owner of #376, on premises known as 372, 374 & 376 McLean Avenue, Block: 58, Lot: 21.24, 8.12, 13.18, 19.20, 25, Zone: B

# 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

# 5624 – Area Variance  – Steven Veneruso, Esq., on behalf of Kheevee Enterprises Inc., owner, on premises known as 931 McLean Avenue, Block: 6237, Lot: 1, Zone: B

# 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

# 5626 – Area Variance  – Jonathan B. Hodosh, RA, on behalf of Chanan & Nidia Chansrisuriyawong, owners, on premises known as 25 Winthrop Avenue, Block: 4521, Lot: 25.27, 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 until January 15, 2019)

# 5612 – Area Variance  – James Dibbini, Esq., on behalf of American Land Group LLC, owner, on premises known as 602 South Broadway, Block: 30, Lot: 60, Zone: SBCE

NEW HEARINGS

*# 5627 – Area Variance  – James Veneruso, Esq., on behalf of 1219 Yonkers Ave LLC, owners, for construction of a 14 story building consisting of 225 residential apartments and 7000 sq. ft. of ground level retail space with parking below having exceeding maximum permitted floor area ratio, Section 43-27, Table 43-3 (required 3.00; proposed 7.18); exceeding maximum permitted height, Section 43-27, Table 43-3 (required 112.5 ft.; proposed 148 ft.-10 in +/-.); insufficient front yard, Section 43-27, Table 43-3 (required 10 ft.; proposed 5 inches ); insufficient side yard, Section 43-27, Table 43-3 (required 16 ft.; proposed 1 inch ); insufficient total side yards, Section 43-27, Table 43-3 (required 32 ft.; proposed 25 ft.-1 in. ); exceeding maximum permitted building coverage, Section 43-27, Table 43-3 (required 40% for residential, proposed 41 % ) (NOTE: 55 % was previously granted by the ZBA.); insufficient parking, reference 43-127 Table 43-4 (required: 290 spaces, proposed: 266 spaces) NOTE: The additional 24 spaces (if required), may be approved as Deferred Parking with the approval of the Planning Board, during Site Plan Review, reference 43-136; fences and walls, including retaining walls, must not exceed 4 feet in height in a required front yard setback or in any other required yard setback abutting a street and 6 feet in height within any other required yard setback (reference Yonkers Zoning Ordinance 43-41.D.3.a)(proposed 9 ft.-6 in. and 8 ft,-2 in.+/-); insufficient parking aisle width and back-up distance (reference Yonkers Zoning Ordinance 43-134.A.12) (required 24'-0, proposed 13.4 ft), 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, to construct parking garage and school having exceeding maximum permitted height, Section 43-27, Table 43-3 (Required 3 stories and 36 ft.; Proposed 4 stories and 59 ft.- 10 in. ), on premises known as 220 Warburton Avenue, Block: 2106, Lot: 30, Zone: M

# 5629 – Modify ZBA Condition – Andrew Romano, Esq., on behalf of Antone Daoud, owner, for a proposed take-out restaurant whereas per ZBA Case #4809 Condition #4: ''no business other than service station and/or proposed convenience store shall operate from premises'', 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, to construct a retaining wall in the front yard whereas proposed wall exceeds maximum height in front yard (permitted 4.0'/provided 9.3' +/-), 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, for an expansion of a previously approved addition of a gathering space for parishioners attached to existing rectory from 2600 sq. ft. to 3347 sq. ft. having insufficient rear Yard, Section 43-27, Table 43-3 and 43-35.C.(2), (required 50 feet; proposed 5 feet); exceeding maximum permitted building coverage, Section 43-27, Table 43-3 (required 40% ; proposed 45.2%), on premises known as 18 Trinity Street, Block: 2066, Lot: 11, Zone: M

JOSEPH CIANCIULLI

CHAIRMAN, ZBA


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