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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, JULY 17, 2018 at 5:00 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

# 5575 – Improvement to a Non-Conforming Use & Area Variance – Steven A. Accinelli, Esq., on behalf of 125 Vark Street LLC, owner, on premises known as 125 Vark Street, Block: 508, Lot: 12, Zone: UR-MD

# 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

# 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

# 5599 – Area Variance –Leonard Brandes, AIA, on behalf of Faghihi Management Corp., owner, 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, 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, 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, on premises known as 41 Alida Street aka 631 Yonkers Avenue, Block: 6071, Lot: 17.21, Zone: S-50

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 

# 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

# 5591 – Area Variance –James J. Veneruso, Esq., on behalf of Westhab, Inc., owner, to construct a five (5) story residential building atop a three (3) story parking garage having insufficient parking, Section 43-128, Table 43-4 (required 104, provided 55); exceeding maximum permitted floor area ratio, Section 43-27, Table 43-3 (required 1.25, proposed 3.07); exceeding maximum permitted height, Section 43-27, Table 43-3 (required 65.0', proposed 74.0'); insufficient lot area per family, Section 43-27/Table 43-3 (required 800 square ft., proposed 405 square feet); insufficient rear yard, Section 43-27, Table 43-3 (required 25.0', proposed 10.0' (scaled +/-)); exceeding maximum height of retaining wall, Section 43-41O(3)(a); (6' maximum, 14.0' proposed); parking within the minimum front yard not permitted, Section 43-133(A)1; parking within 10' to principal structure not permitted, Section 43-44B(5); parking within the minimum side yard not permitted, Section 43-133(A)2; parking within 5 feet of all property lines not permitted, (0.0' provided) Reference Yonkers Zoning Ordinance 43-44.A.9.b; exceeding maximum permitted building coverage, Section 43-27, Table 43-3 (required 40%/proposed 44.10%), on premises known as 227 Elm Street, Block: 440, Lot: 32, Zone: M

# 5603 – Area Variance  – John Michael DeGennaro, on behalf of Universe Building Assoc. LLC, owner, to construct a new two family dwelling having exceeding maximum permitted height, Section 43-27, Table 43-3 (required 2 1/2/35.0' story, proposed 3 story/35'-7'' +/-); non-conformance with Section 43-34H(a) - side setback plane - does not meet regulations; non-conformance with Section 43-34(H(c) - side wall articulation - does not meet regulations; exceeds maximum permitted exposed wall height; Section 43-34H(d), 35.0' maximum, 53.0' +/- proposed, on premises known as 90 University Avenue, Block: 5071, Lot: 46, Zone: T

# 5604 – Area Variance  – John Michael DeGennaro, on behalf of Universe Building Assoc. LLC, owner, to construct a new two family dwelling having exceeding maximum permitted height, Section 43-27, Table 43-3 (required 2 1/2/35.0' story, proposed 3 story/35'-7'' +/-); non-conformance with Section 43-34H(a) - side setback plane - does not meet regulations; non-conformance with Section 43-34H(c) - side all articulation - does not meet regulations; exceeds maximum permitted exposed wall height; Section 43-34H(d), 35.0' maximum, 53.0' +/- proposed, on premises known as 98 University Avenue, Block: 5071, Lot: 50, Zone: T

# 5605 – Area Variance – Steven Accinelli, Esq., on behalf of Yonkers Plaza Shopping Center, owner, for shared parking with respect to properties located at 86 and 92 Main Street having exceeding maximum distance shared parking facility can be from principal use, 43-132C(3); (880' to 86 Main)/(1,050' to 92 Main), on premises known as 25 Prospect Street, Block: 502, Lot: 40, Zone: D-MX

# 5606 – Area Variance  – James Veneruso, Esq., on behalf of Sisters of Charity of St. Vincent DePaul of New York, owner, and St. Joseph’s Hospital, contract vendee, to renovate existing building to construct 67 apartments (47 studios, 20 1-bedroom) to be used for supportive housing for senior citizens; construction of a new kitchen to serve the facility and hospital having insufficient side yard, Section 43-27, Table 43-3 (required 16, proposed 0) (loading dock); insufficient side-front yard, Section 43-27, Table 43-3 (required 10, proposed 7.4); insufficient rear yard, Section 43-27, Table 43-3 (required 2.7, proposed 2.0); insufficient parking, Section 43-128, Table 43-4 (required 42, proposed 21); parking within 5 feet of all property lines not permitted, Reference Yonkers Zoning Ordinance 43-44.A.9.b; Site Plan review required per 43-94; parking within 10' of the principle building 43-44(B)(5), on premises known as 35 Vark Street, Block: 493, Lot: 65, Zone: BA

# 5607 – Area Variance – Bart Lansky, Esq., on behalf of Fondak Enterprises, LLC, owner,  for alterations to existing building for brewery and tasting room having insufficient parking, Section 43-128, Table 43-4 (required 24 spaces ; proposed 21 spaces credit from previous use 11 spaces plus 10 proposed); parking within 5 feet of all property lines not permitted, Reference Yonkers Zoning Ordinance 43-44.A.9.b. proposed 0 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 8 feet; insufficient driveway width, Reference 43-121D(4), (required 20 ft - 30 ft.; proposed 9 ft.-2 in.) NOTE: Provide an easement, if using adjacent property; exceeding maximum number of seats for Eating and Drinking Establishment, Reference 43-8 (Required 8; Proposed 40); Site Plan Review by the Planning Board will be required, on premises known as 72 Alexander Street, Block: 2608, Lot: 25, Zone: I

# 5608 – Improvement to a Non-Conforming Use & Area Variance  – Snyder & Snyder, LLP, on behalf of Con Edison, owner, for security system fencing and related upgrades to existing utility substation whereas 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); proposed use requires Special Use Permit, Section 43-27, Table 43-1/43-74N (utility sub-station); insufficient space between buildings on same lot - Section 43-27, 43-3; (required 15' minimum; 1'-10'' & 8'-0'' proposed); exceeds maximum permitted height of fence/wall in side front yard 43-41D(3)a; (4'-0'' maximum permitted, 10' + proposed) (at fence)/15' proposed (at camera post), on premises known as 723 McLean Avenue, Block: 6214, Lot: 1, Zone: T

# 5609 – Area Variance  – Edward J. Guardaro, Jr., Esq., on behalf of 1969 Central Park Ave LLC, owner, for new construction so as to develop a +/- 60,860 sq. ft. building containing self-storage over retail (11440 sq. ft. of retail space, 44,420 sq. ft. of self-storage space) along with loading areas, vehicle parking and 104 parking spaces having insufficient lot width, Section 43-27, Table 43-3 (required 100 ft.; proposed unknown ); insufficient side yard, Section 43-27, Table 43-3 (required 25 ft.; proposed 10 ft.-5 in.); 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 10 feet of a building on the same lot is not permitted, Reference Yonkers Zoning Ordinance 43-44.A.9.b.(Parking Space 26 and 27); 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 wall in front-yard: 15 feet high); insufficient loading spaces: Reference 43-128, Table 43-5 (Required 3 spaces; Proposed 2 spaces); after ZBA approval, Site Plan Review by the Planning Board is required, on premises known as 1969 Central Park Avenue, Block: 4385, Lot: 206, Zone: BR & S-60

# 5610 – Abandonment of Non-Conforming Use & Area Variance  – Janet Giris, Esq., on behalf of Rams 1235 Realty Inc., owner, to re-instate non-conforming use having insufficient front yard, Section 43-27, Table 43-3 (required 15, proposed 3); 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; petition to have an abandoned non-conforming use reinstated under 43-21(L); parking within 10 feet of a building on the same lot is not permitted; exceeding maximum permitted building coverage, Section 43-27, Table 43-3 (required 40, existing 42%), on premises known as 1245 Central Park Avenue, Block: 5425, Lot: 41.50, Zone: OL

JOSEPH CIANCIULLI

CHAIRMAN, ZBA


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