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, FEBRUARY 20, 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 Clarendan Avenue, Block: 2362 Lot: 16, Zone: “M”.

# 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”.

# 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”.

# 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”.

# 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”.

# 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”.

# 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”.

# 5010 – Area Variance – Andrew Romano, Esq. on behalf of Jeremiah Horan (owner), 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), 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, on premises known as 227 McLean Avenue, Block: 47, Lot: 7, Zone: “BR”.

CONTINUED HEARINGS

# 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”.

# 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”.

NEW HEARINGS:

# 5013 – Use & Area Variance – Andrew Romano, Esq. on behalf of David Gonzales (owner), to allow the existing 4-family dwelling which has been abandoned for more than 12 consecutive months to be rehabilitated.. Whereas, the proposed use (4-family), is not permitted as per Section 43-27, Table 43-1. A use variance from the Zoning Board of Appeals will be required. In addition, insufficient off-street parking, per Section 43-128, Table 43-4 (7 spaces required; 0 spaces proposed), 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), to construct a new 1-car garage with 2-story addition (over) containing new bedrooms & computer room. Having insufficient total of side yard Section 43-27, Table 43-3 (required 5/15 ft; proposed 5/10 ft), 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), to construct a new 2-family dwelling. Exceeding maximum permitted height, Section 43-27, Table 43-3 (required 2 ½ stories; proposed 3 stories). And exceeding maximum permitted height of retaining wall within the minimum front yard per Section 43-41 D(3) (4’ permitted; 5.7’+/- proposed), on premises known as 142 Hart Avenue, Block: 6299 Lot: 16, Zone: “T”.

# 5016 – Improvement of a Non-Conforming Use – Thomas E. Haynes on behalf of Frank Di Stante (owner), to legalize an existing crawl area & increase headroom. Whereas, the improvement of a non-conforming use requires Zoning Board of Appeals approval, as per Yonkers Zoning Ordinance Section 43-21.G, on premises known as 211 aka 215 Winfred Avenue, Block: 6353 Lot: 31, Zone: “T”. (postponed)

# 5017 – Area Variance Gregg S. Baker, Esq. on behalf of Patrick Leyden & Philomena McGrath (owners), to construct a 2^nd story addition to convert a 1-family into a 2-family dwelling. Having insufficient lot area per family, Section 43-27, Table 43-3 (required 2,500; proposed 2,000). Insufficient lot width, Section 43-27, Table 43-3 (required 50; proposed 40). Insufficient lot area (required 5,000 sq.ft; proposed 4,000 sq.ft) (Ref Yonkers Zoning Ordinance Section 43-27, Table 43-3). Show four (4) parking spaces, fully dimensioned, on premises known as 77 Hillview Avenue, Block: 6227 Lot: 5, Zone: “T”.