# 5030 – Area Variance – Andrew Romano, Esq. on behalf of Bassa Dahdal (owner), on premises known as 77 Hamilton Avenue, Block: 158 Lot: 62, Zone: “M”.

# 5031 – Area Variance –Andrew Romano, Esq. on behalf of Kevin Maldonado (owner), on premises known as 172 aka 140 Tuckahoe Road, Block: 2301 Lot: 13, Zone: “CM”.

# 5032 – Area Variance – Andrew Romano, Esq. on behalf of Trang D. Nguyen (owner), on premises known as 453 Kimball Avenue, Block: 6328, Lot: 10, Zone: “S-50”.

# 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”.

# 5034 – Area Variance – Michael J. McGarvey, PE, P.C. on behalf of Mr. & Mrs. Borellino (owners), on premises known as 7 aka 11 Nantucket Place, Block: 4929 Lot: 84, Zone: “S-100.

CONTINUED HEARINGS

# 4945 – Area Variance – Alfred B. DelBello, Esq. on behalf of Brooks Shopping Centers LLC (owner), for the renovation of the existing structures on the property, the addition of new retail & restaurant space, the construction of new parking facilities, the installation of other on-site & of-site traffic improvements, along with other related improvements to the site’s infrastructure. Having insufficient space between buildings (40’ required; 5’, 6’, 7’, 12’, 15’, 16’, 17’, 18’, 20’, 23’, 24’, 25’, 29’, 35’ (approx.) (kiosks A, B, C, D, E, H, enclosed stairs, guard booth, Santa house and bus shelters). Insufficient side yard (required 25’; 4’ & 7’ proposed) – bus shelter and kiosk A. Insufficient side yards and total of side yards (required 25’/50’; proposed 10’, 14.2’, 14.3’, 14.6’, 14.8’, 14.9’, 15’, 15.1’ +/- 17.8’, 29.6’, 29.7’, 29.9’, & 24.2’+/-) on new Macy’s additions. Exceeding maximum FAR (Macy’s) (proposed 2.60’; required 1.5). Exceeding maximum lot coverage (Macy’s) (required 40%; proposed 83.4%). Lot not fronting on a street shown on the official city map per Section 43-33C (Macy’s lot). Insufficient number of off-street parking spaces per Section 43-128, Table 43-4 (required 5,722 spaces; proposed 5,631 spaces – short 91 spaces). Exceeding maximum permitted height of open parking structure per Section 43-44 (B)(6) (24’ required; 40.9’ +/- proposed). Exceeding maximum height of retaining wall within minimum required front yard per Section 43-41D(3) (required 4’; 12’ maximum proposed) at Central Park Avenue and driveway B”. .Parking within 5’ of property line per Section 43-44B(5) (0’ +/- proposed). Parking within the minimum side yards (at Macy’s not permitted per Section 43-133A(3). On premises known as Cross County Shopping Center, Vredenburgh Avenue aka 1A Xavier Drive, Block: 5170 Lot: 40, Zone: “BR”.

# 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”.

RE-HEARING

# 4985 – Area Variance – Andrew Romano, Esq. on behalf of Amaze Enterprises (owner), to increase the sales area & added a second floor apartment for the existing building permit issued September 26, 2003 – to renovate the existing gasoline service station to a food & beverage store. Having insufficient parking, Section 43-128, Table 43-4 (required 6; proposed 5). Parking within the minimum front yard not permitted, Section 43-133.A.3 (required 10’; proposed 3’). Parking within 5’ of all property lines Section 43-44.B.5 (proposed 3’). Parking within 10’ of building not permitted (proposed 5’), on premises known as 750 Yonkers Avenue, Block: 6100 Lot: 59, Zone: “BA”.

# 5009 – Area Variance –Andrew Romano, Esq. on behalf of Christopher Sullivan (owner), to construct a new 2 ½ story frame addition with 2-car garage under. Insufficient rear yard, Section 43-27, Table 43-3 (required 25’; proposed 3.75), on premises known as 213 Westchester Avenue, Block 4573 Lot: 1, Zone: “S-50”.

NEW HEARINGS:

# 4936-A Area Variance –Andrew Romano, Esq. on behalf of CPD Realty Corp. (owner), to construct a new 2-story commercial building next to the existing 2-family dwelling. Having insufficient off-street parking, Section 43-128 & Table 4 (required 9; proposed 7). Parking within 5’ of property line per Section 43-44B(5) (5’ required; 1’-10” +/- provided), on premises known as 14 Fullerton Avenue, Block: 5059 Lot: 67 & 68, Zone: “B”.

# 5035 – Area Variance – Andrew Romano, Esq. on behalf of Michael Byrne (owner), to legalize a rear addition containing a family room, kitchen, bathroom & bedrooms. Having insufficient rear yard, Section 43-27, Table 43-3 (required 25; proposed 7.31’). And parking within the minimum front yard not permitted, Section 43-133A(1), 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), to legalize alterations in the basement, containing a bathroom, laundry & open space. Whereas, the improvement of a non-conforming use (2-family dwelling in an “S-50” zone) requires ZBA approval as per Section 43-21.G, on premises known as 620 Kimball Avenue, Block: 5201 Lot: 6, Zone: “S-50”.

# 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, 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”.

# 5038 – Improvement of a Non-Conforming Use – Gary Spilatro, Architect on behalf of Julia Dyckman Andrus Memorial, Inc. (owner), to convert an existing maintenance garage into a Training Center. And to remodel the interior of the existing dormitory. Whereas, the Improvement of a Non-Conforming Use requires ZBA approval as per Section 43-21.G, on premises known as 1156 North Broadway, Block: 3495 Lot: 1, Zone: “S-100”.

JOSEPH CIANCIULLI

CHAIRMAN, ZBA

Read the Minutes of the Meeting:  ZBA Minutes 5/15/2007