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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, JANUARY 16, 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

# 4833-A –Area Variance – Andrew Romano, Esq. on behalf of Russell & Mary Kantor (owners), on premises know as 188 & 192 Rockne Road, Block: 2306 Lot: 44, Zone: “S-50”.

# 4885-A – Area Variance & Improvement/Intensification of a Non-Conforming Use – Andrew Romano, Esq. on behalf of Garrett Feehan (owner), on premises know as 34 aka 2 Shipman Avenue, Block: 6189 Lot: 50, Zone: “S-50”.

# 4932-A – Area Variance – Andrew Romano, esq. on behalf of Vincent Brancato (owner), on premises known as 107 aka 105 Clarendon Avenue, Block: 2362 Lot: 16, Zone: “M”.

# 4956 – Area Variance – Andrew Romano, Esq. on behalf of AMB Management Corp/ Scott Baron (owner), on premises known as 1746 aka 1750 Central Park Avenue, Block: 4612 Lot: 30, Zone: “BR”.

# 4963-A – Area Variance – Andrew Romano, Esq. on behalf of Zuhair Aqeel (owner), on premises known as 464 South Broadway, Block: 120 Lot: 53 Zone: “BR”.

# 4971 – Area Variance – Louis C. Lustenberger, Esq, on behalf of Jimmy Rugova (owner), on premises known as 219 – 221 Sommerville Place, Block: 2438 Lot: 23, 24, Zone: “M”.

# 4987 – Area Variance – James Veneruso, Esq. on behalf of WestHab, Inc (owner), on premises known as 157 Bruce Avenue, Block: 30 Lot: 39, Zone: “A”.

# 4996 – Area Variance – John Iannacito, A.I.A. on behalf of Anthony & Ida-Dugo Perrino (owners), on premises known as 199 Remsen Road, Block: 4314 Lot: 11, Zone: “S-50”.


# 4998 – Area Variance – Andrew Romano, Esq. on behalf of Nasser Aqeel (owner), on premises known as 886 Mile Square Road aka 15 Alexander Street, Block: 5197 Lot: 8, Zone: “T”.

# 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”.

# 5001 – Application to the Zoning Board of Appeals – Susan Newman- project manager with Ginsburg Development Company (owner), on premises known as 1020 Warburton Avenue, Block: 3555 Lot: 106-108- 110, Zone: “A”.


# 5002 – Area Variance – Louis C. Lustenberger, Esq. on behalf of Stephen Rubin (owner), on premises known as 223 Sommerville Place, Block: 2438 Lot: 22, Zone: “M”.

# 5004 – Area Variance – Andrew Romano, Esq. on behalf of Lawrence Moccia (owner), on premises known as 47 Thomas Place, Block: 2287 Lot: 23, Zone: “T”.

# 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”.

# 5006 – Area Variance – Andrew Romano, Esq. on behalf of Verona Greenland (owner), on premises known as 274 St. Johns Avenue, Block: 6114 Lot: 1. Zone: “S-50”.

# 5007 - Area Variance – Mat Smrkolj on behalf of himself (owner), on premises known as 13 Teresa Avenue, Block: 6111 Lot: 30, Zone: “T”.

# 5008 – Area Variance – Royden A. Letsen, Esq. on behalf of Suzanne Greenridge (owner), on premises known as 1022 aka 1020 North Broadway, Block: 3415 Lot: 42, Zone: “OL”.

CONTINUED HEARINGS

# 4941 – Use & Area Variance – Cuddy & Feder, LLP on behalf of Wincrest Tenants Corp (owner) & Nextel Communications (lessee), to install a wireless facility on the rooftop of the existing building, consisting of 12 panel antennas and an equipment shelter at grade level. Whereas; the proposed use is not permitted, Section 43-27, Table 43-1. Exceeding maximum permitted height, Section 43-27, Table 43-3 (required 36’; proposed 85.75’), on premises known as 25 Sunnyside Drive, Block: 146 Lot: 9, Zone: “M”.

NEW HEARINGS:

# 4860-A – Area Variance – Alfred B. DelBello Esq. on behalf of Highland Senior Residence, LLC (owner – 34 Highland Avenue), and 27 Ludlow Realty, LLC (owner – 27 Ludlow Street), to construct a new 88 unit apartment building, which was previously approved by the ZBA on October 18, 2005, where additional variances are required due to the applicant not combining lots 22 & 58. Those variances are: Zoning analysis for Lot 58, existing building: Having insufficient rear yard, Section 43-27, Table 43-3 (required 20’; proposed zero (parking structure on adjacent lot). Existing building appears to comply but garage is on the line. Parking on adjacent lot not under the same ownership is not permitted (ref. Yonkers Zoning Ordinance Section 43-44.A.9.a). Exceeding maximum permitted lot coverage, Section 43-27, Table 43-3 (required 40%; proposed 46%). Not more than 50% of the area of a minimum required rear yard may be occupied by a private garage or private open-air parking area. The proposed coverage is 87%. Reference 43-44.A(3). Insufficient rear yard setback for garage (required 20’; proposed 0’ (garage encroaches from adjacent property). Reference 43-44.A.1. Zoning analysis for Lot 22, new building & parking structure): Insufficient rear yard, Section 43-27, Table 43-3 (required 20’; proposed zero – encroaches on adjacent lot). Parking deck encroaches on to adjacent property. Exceeding maximum permitted lot coverage, Section 43-27 Table 43-3 (required 40%; proposed 77%) (Note Zoning Board of Appeals approved 60%). Not more than 50% of the area of a minimum required rear yard may be occupied by a private open-air parking area. The proposed coverage is 72% (ref. Yonkers Zoning Ordinance Section 43-44.A.3). Insufficient rear yard setback for garage (required 20’; proposed 0’ (garage encroaches on adjacent property). Ref. 43-44.A.1., on premises known as 34 Highland Avenue, Block: 185 Lot: 22, Zone: “BA” & 27 Ludlow Street, Block: 185 Lot: 58, 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. Having insufficient side yard, Section 43-27, Table 43-3 (required 5’; proposed 2.36’). Insufficient rear yard, Section 43-27, Table 43-3 (required 25’; proposed 7.27’), on premises known as 213 Westchester Avenue, Block 4573 Lot: 1, Zone: “S-50”.

# 5010 – Area Variance – Andrew Romano, Esq. on behalf of Jeremiah Horan (owner), to legalize an existing rear deck on the existing 2-family dwelling. Having insufficient rear yard, Section 43-27, Table 43-3 (required 25’; proposed 20’), on premises known as 150 Park Avenue, Block: 2162 Lot: 100, Zone: “MG”.

# 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), for interior alterations to convert existing vacant space into a type of adult day care center. That as per Section 43-21F: change from one non-conforming use to another non-conforming use (Day Care Center) requires ZBA approval, on premises known as 250 aka 260 Warburton Avenue, Block: 2106 Lot: 42, 46, Zone: “M”.

# 5012 – Area Variance – Steven M. Cancro Esq. on behalf of himself owner, to change the use from a furniture store to a hair salon. Having insufficient parking, Section 43-128 and Table 4 (required 4 spaces +/-; proposed 2 spaces +/-), on premises known as 227 McLean Avenue, block: 47 Lot: 7, Zone: “BR”.

JOSEPH CIANCIULLI

CHAIRMAN, ZBA

 

Read the minutes of the meeting:  ZBA Minutes 1/16/07

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