Meetings & Agendas

Share & Bookmark, Press Enter to show all options, press Tab go to next option
Print

Zoning Board of Appeals

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, APRIL 17, 2007 at 6:00 P.M. sharp, in the City Council Chambers, City Hall, 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

# 4552-A –Variance Extension – Joseph Di Salvo, Esq. on behalf of Robert Mazzella/Luck M’s Inc. (owner), and The Sharing Community, Inc. (lessee), on premises known as 101 North Broadway, Block: 2014 Lot: 21, Zone: “A”.

# 4941 – Use & Area Variance – Cuddy & Feder, LLP on behalf of Wincrest Tenants Corp (owner) & Nextel Communications (lessee), on premises known as 25 Sunnyside Drive, Block: 146 Lot: 9, Zone: “M”.

# 4999 – Appeal from an Interpretation by the Commissioner of Buildings – Howard E. Berman, Esq. on behalf of Jay Mijares (owners), on premises known as 176 Midland Avenue, Block: 6040 Lot: 181, Zone: “S-50”.

# 5000 – Use & Area Variance – Catapano Engineering, P.C. on behalf of Getty Petroleum (owner), on premises known as 311 McLean Avenue, Block: 48 Lot: 37, Zone: “BR”.

# 5005 – Change from one non-conforming use to another non-conforming use – Andrew Romano, Esq. on behalf of Adel Samuel (owner), on premises known as 252 Hawthorne Avenue, Block: 164 Lot: 4, Zone: “M”.

# 5009 – Area Variance –Andrew Romano, Esq. on behalf of Christopher Sullivan (owner), on premises known as 213 Westchester Avenue, Block 4573 Lot: 1, Zone: “S-50”.

# 5011 – Change from one Non-Conforming Use to another – John Kirkpatrick, Esq. on behalf of 260 Warburton Partners LLC (owner) & Comprehensive Care Mgmt. Corp. (lessee), on premises known as 250 aka 260 Warburton Avenue, Block: 2106 Lot: 42, 46, Zone: “M”.

# 5013 – Use & Area Variance – Andrew Romano, Esq. on behalf of David Gonzales (owner), on premises known as 189 Warburton Avenue, Block: 2098, Lot: 16, Zone: “CM”.

# 5014- Area Variance – Andrew Romano, Esq. on behalf of Vasco & Antonia Meireles (owners), on premises known as 65 Tower Place, Block: 2458 Lot: 22, Zone: “M”.

# 5015 – Area Variance – Andrew Romano, Esq. on behalf of Mario De Giorgio (owner), on premises known as 142 Hart Avenue, Block: 6299 Lot: 16, Zone: “T”.

# 5017 – Area Variance Gregg S. Baker, Esq. on behalf of Patrick Leyden & Philomena McGrath (owners), on premises known as 77 Hillview Avenue, Block: 6227 Lot: 5, Zone: “T”.

# 5018 – Area Variance – Andrew Romano, Esq. on behalf of Michael Zreik (owner), on premises known as 166 Gailmore Drive, Block: 4462 Lot: 1, Zone: “S-60”.

# 5020 – Area Variance – Andrew Romano, Esq. on behalf of Anthony Girardi (owner), on premises known as 5 Arbor Street, block: 2209 Lot: 2, Zone: “M”.

# 5021 – Area Variance – Andrew Romano, Esq. on behalf of Michael Bonfiolio (owner), on premises known as 189 Palisade Avenue, Block: 2091 Lot: 52, Zone: “M”.

# 5023 – Area Variance – Andrew Romano, Esq. on behalf of Frank Cardascia (owner), on premises known as 200 Jennifer Lane, Block: 4411 Lot: 81, Zone: “S-60”.

# 5024 – Area Variance – Joseph R. Crocco, Architect, on behalf of Allison & Michael Doherty (owner), on premises known as 327 Hollywood Avenue, Block: 4713 Lot: 46, Zone: “S-50”.

# 5026 – Appeal from a decision/Area Variance & Improvement of a Non-Conforming Use – Alfred B. Del Bello, Esq. on behalf of Velastate Corp. (owner), on premises known as 9-11 Romaine Avenue & 9 Randolph Street, Block: 119 Lots: 22 & 29, Zone: “BR”.

CONTINUED HEARINGS

# 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”.

# 5025 – Area Variance & Change from one Non-Conforming Use to another – Theodore G. Rieper, Architect on behalf of Dominic Chianese (owner) & Michael Wszolek (lessee), to change from an office to a medical office. Having insufficient parking, as per Section 43-127 & Table 43-4 (required 3; proposed 0). And change from one (1) non-conforming use to another requires ZBA approval as per Section 43-21F, on premises known as 399 McLean Avenue, Block: 62 Lot: 15, 16, Zone: “A”.

RE-HEARING

# 4947 – Use & Area Variance – Cuddy & Feder LLP on behalf of Fleetwood Associates (owner), & Nextel Communications Inc. (lessee), to request a re-hearing for consideration of additional area variances only, for the installation of a wireless facility on the roof top of the existing building & an equipment shelter. Exceeding maximum allowable height in the “M” zone, (permitted 36’ maximum; proposed 98.5’ +/-), as per Section 43-27, Table 43-2. Insufficient front yard in the “BR” zone (permitted 25’ maximum; proposed 8’ +/-), as per Section 43-27, Table 43-2). And insufficient side yard in the “BR” zone (permitted 25/50; proposed 14.3/33.4), as per Section 43-27, Table 43-2, on premises known as 727 Bronx River Road, Block: 5228 Lot: 1, Zone: “BR”.

NEW HEARINGS:

# 5027 – Use & Area Variance – Snyder & Snyder on behalf of 733 Realty, LLC (owner) & New York SMSA Limited Partnership d/b/a Verizon Wireless (lessee), to co-locate a wireless communication facility consisting of small panel antennas & related equipment on the roof of the existing building. Whereas, the proposed use is not permitted, Section 43-27, Table 43-1. Exceeding maximum permitted height, Section 43-27, Table 43-3 (required 35’; proposed 86.8’+/-). Insufficient rear yard, Section 43-27, Table 43-3 (required 25’; proposed 7.75’). And insufficient front yard, Section 43-27, Table 43-3 (required 10’; proposed 4.2’), on premises known as 733 Yonkers Avenue, Block: 6086 Lots: 30-33, Zone: “B”.

# 5028 – Use & Area Variance – James G. Dibbini on behalf of Grace Borrani (owner), to convert a 2-family dwelling into a real estate office & single-family dwelling. Whereas, the proposed use is not permitted, Section 43-27, Table 43-1. Insufficient parking, Section 43-128 & Table 4, (required 6; proposed 5), on premises known as 542 Kimball Avenue, Block: 6371 Lot: 49, Zone: “T”.

# 5029 – Area Variance – Andrew Romano, Esq. on behalf of George & Catherine Kirchagaesser (owner), to legalize an addition for the expansion of the kitchen, having insufficient rear yard, Section 43-27, Table 43-3 (required 25’; proposed 16.22’), on premises known as 58 Cassilis Avenue aka 26 Howe Place, Block: 5670 Lot: 1, Zone: “S-50”.

# 5030 – Area Variance – Andrew Romano, Esq. on behalf of Bassa Dahdal (owner), to construct a new 2-family dwelling. Having insufficient lot area per family, Section 43-27, Table 43-3 (required 2,500; proposed 2,474.32). And insufficient lot area (required 5,000 sq.ft.; proposed 4,948.63 sq.ft.),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), for interior alterations to convert a 1-family dwelling into offices. Exceeding maximum permitted number of stories, Section 43-27, Table 43-3 (required 2; proposed 3). Insufficient lot area, Section 43-27, Table 43-3 (required 10,000 sq.ft.; existing 5415 sq.ft.). Insufficient lot width, Section 43-27, Table 43-3 (required 100’; existing 50.63’). Insufficient side front yard, Section 43-27, Table 43-3 (required 20’; existing 9.98’) and insufficient total side yards (required 36’; proposed 27’). Insufficient front yard, Section 43-27, Table 43-3 (required 20’; proposed 9.5’). Insufficient parking, Section 43-128 & Table 4 (required 5; proposed 5 which 3 are not permitted for the following reasons). 1. One (1) space proposed within minimum side front setback, not permitted as per Section 43-133A (3). 2. One (1) space proposed in driveway blocking egress of all other spaces, not permitted. 3. One (1) space proposed within 5 feet of property and within minimum side yard setback, not permitted as per Section 43-44B95), and Section 43-133A(3) respectfully, 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), to construct an addition in the side yard & rear yard of a 1-family dwelling. Having insufficient rear yard, Section 43-27, Table 43-3 (required 25’; proposed 23.4’), 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), to re-establish the use as a service station/ convenience store & 4 proposed pump islands situated under a canopy. Having insufficient rear yard, Section 43-27, Table 43-3 (required 25’; proposed 5’). Insufficient parking, Section 43-128 & Table 43-4 (required 10 spaces; proposed 8 spaces). Parking within the minimum front yard not permitted, Section 43-133A (3). Parking within 10’ of the building not permitted per Section 43-133A (3); proposed 8’ & 5’). Show compliance with Section 43-75A, 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), to construct a open/covered front porch. Having insufficient front yard, Section 43-33J(2) (required 29.675’; proposed 25.1’), on premises known as 7 aka 11 Nantucket Place, Block: 4929 Lot: 84, Zone: “S-100”.

JOSEPH CIANCIULLI

CHAIRMAN, ZBA

Read the minutes of the meeting:  ZBA Minutes 4/17/2007

Return to full list >>