# 5033 – Area Variance – Andrew J. Balint, Esq. on behalf of B & N Apex Corp. (owner), on premises known as 1051 aka 1065 Yonkers Avenue, Block: 6328 Lot: 49, Zone: “B”.

# 5035 – Area Variance – Andrew Romano, Esq. on behalf of Michael Byrne (owner), on premises known as 363 Sprain Road, Block: 3217 Lot: 1, Zone: “S-50”.

# 5036 – Improvement of a Non-Conforming Use – Andrew Romano, Esq. on behalf of Vincent Scala (owner), on premises known as 620 Kimball Avenue, Block: 5201 Lot: 6, Zone: “S-50”.

CONTINUED HEARINGS:

# 5037 – Use & Area Variance – Vincent Liberatore & Bernadette Doyle on behalf of Joan Liberatore (owner), to convert vacant retail space into a restaurant. Whereas, the proposed use is not permitted, as per Section 43-27, Table 43-1. And having insufficient parking (required 18 spaces; proposed 4 spaces), as per Section 43-128 & Table 4. Parking within 5’ of a property line is not permitted (proposed 0’).Ref. Yonkers Zoning Ordinance 43-44.B.5.), on premises known as 367 Saw Mill River Road, Block 2401 Lot: 21, Zone: “I”.

NEW HEARINGS:

# 4857-A – Area Variance – Andrew Romano, Esq. on behalf of Musa Sumreen (owner), to apportion property into 2 lots, one improved by a 1-family dwelling, and the other a proposed 1-family dwelling. Whereas, the new proposed building would have insufficient rear yard (required 25’; proposed 12’). And insufficient front yard (required 29.95’ (average alignment); proposed 25’), as per Section 43-27, Table 43-3 & 43-33.J.2), on premises known as 61 Cresthill Road, Block: 4600 Lot: 255, Zone: “S-75”.

# 5019 – Area Variance –James Veneruso, Esq. on behalf of Remy Yonkers Property Corp. (owner), to construct a new 10-story mixed use building. Exceeding maximum permitted F.A.R. per Section 43-33N(3) (3.2 required; 3.36 proposed). Insufficient side yard, Section 43-27, Table 43-3 (required 16’; proposed 0’+/-) (residential lobby). Insufficient rear yard, Section 43-27, Table 43-3 (required 25’; proposed 0’+/-) (commercial storage space). Insufficient front yard, Section 43-54, Table 43-3 (required 10’; proposed 0’+/-) (commercial space). Insufficient parking, Section 43-128 and Table 43-4, (required 210 spaces; proposed 125 spaces). Parking within the minimum front yard not permitted, Section 43-133A(3). Parking within the minimum side yard not permitted, Section 43-133A(3). Parking within 10’ of building not permitted per Section 43-44B(5) (proposed 5’ & 0’). Parking within 5’ of property line not permitted per Section 43-44B(5) (3’+/- & 0’+/- proposed). Parking space required to be 8’-6” wide x 18’-0” length, proposed 8’ wide x 18’ length for 5 spaces, on premises known as 303-307 South Broadway, Block: 161 Lot: 15,17,19, Zone: “BA”.(Postponed till July 2007).

# 5039 – Area Variance –Andrew Romano, Esq. on behalf of Nuhad Hattar (owner), for interior alterations to convert the existing 15-family dwelling into a 16-family dwelling. Having insufficient lot area per family, Section 43-27, Table 43-3 (required 800 sq.ft; proposed 237 sq.ft.+/-). And insufficient parking, Section 43-128 & Table 43-4 (required 24 cars; proposed 23 cars credit). Variance for 1-car required, on premises known as 159 Willow Street, Block: 465 Lot: 17, Zone: “M”.

# 5040 – Area Variance – Andrew Romano, Esq. on behalf of Nuhad Hattar (owner), for interior alterations to convert the existing 11-family into a 16-family dwelling. Having insufficient lot area per family, Section 43-27, Table 43-3 (required 800 sq.ft; proposed 237.89 sq.ft +/-). And insufficient parking, Section 43-128 & Table 43-4 (required 24 cars; proposed 18 car credit). Variance for 6 cars required, on premises known as 163 Willow Street, Block: 465 Lot: 19, Zone: “M”.

# 5041 – Area Variance – Bill Watson on behalf of Oakland Cemetery (owner), to construct a new 1-story sales office & a new 1-story maintenance building on the existing 56 acre cemetery. Exceeding maximum permitted height, Section 43-27, Table 43-3 (required 35’; proposed not shown) (maintenance building). Insufficient space between buildings, Section 43-27, Table 43-3 (required 15’; proposed not shown) (Sales office). Insufficient front yard, Section 43-73A(3)(f) (required 30’; proposed 0’+/-) (maintenance building).Insufficient side yard, non-residential building in residential district, Section 43-73A(3)(f) (required 30’; proposed 0’+/-) (maintenance building). Parking within the minimum side yard not permitted, Section 43-133A(3). Parking within 5’ of all property lines not permitted per Section 43-44B(5), on premises known as 2 Saw Mill River Road, Block: 2220 Lot: 1, Zone: “S-60”.

# 5042 – Area Variance – Andrew Romano, Esq. on behalf of Warburton Realty Corp. (owner), for interior alterations to convert commercial space to live/work units on the 2^nd, 3^rd & 4^th floors, with a new penthouse above existing space. Exceeding maximum permitted height of building (required 50’ maximum; proposed 71’), as per Section 43-27, Table 43-3. And insufficient rear yard (required 10’; proposed 0’), as per Section 43-27, Table 43-3, on premises known as 6 aka 4 Warburton Avenue, Block: 2003 Lot: 1, Zone: “CBD”.

# 5043 – Area Variance – Stuart Markowitz A.I.A. on behalf of Sacred Heart Associates LLP (lessee) and City of Yonkers (owner), to construct an 18 space paved parking lot, with security fencing & gate to replace & expand an existing open air parking area. Whereas, parking within the minimum front yard is not permitted, Section 43-56 (G-4). New spaces, number 2, 3, 4, & 5. Parking within the minimum side yard not permitted, Section 43-56F(8). New spaces 6, 7, 8 & 9. And exceeding maximum permitted height of security fence in front yard (permitted 4’ maximum; proposed 6’), on premises known as 255 Ridge Avenue, Block: 2165 Lot: 11, Zone: “M”.

# 5044 – Area Variance – Andrew Romano, Esq. on behalf of Elbert & Da Shamsaid Deen (owners), to allow the new one-family dwelling to remain as built. Having insufficient front yard, as per Section 43-27, Table 43-3 (required 20’; proposed 15’), on premises known as 49 Hunt Avenue, Block: 3135 Lot: 10, Zone: “S-50”.

# 5045 –Use & Area Variance & Appeal of an Interpretation of the Commissioner of Buildings of the Use Variance Requirement – Andrew Romano, Esq. on behalf of K’Hal Adath Jeshurum (owner), to make interior alterations to the existing vacant Synagogue, creating a high school with dormitories. Pursuant to Section 43-35D(4), no school building shall be located closer than 25’ to an adjacent residentially used property line. Also, pursuant to Section 43-27, dormitories for a High School are not permitted, on premises known as 222 Grandview Blvd. Block: 4600 Lot: 1, Zone: “S-100”.

# 5046 – Area Variance Spencer & Cassese, PC on behalf of 38 Main Street Realty, Inc. (owner), to construct live/work lofts in an existing vacant 4-story building. Having insufficient parking spaces (required 4; proposed 0 spaces), for the three (3) live/work units, as per Section 43-128, Table 43-4, on premises known as 38 Main Street, Block: 501 Lot: 18, Zone: “DWD”.

JOSEPH CIANCIULLI

CHAIRMAN, ZBA

Read the Minutes of the Meeting: ZBA Minutes 6-19-2007