Zoning Board of Appeals

MINUTES OF MEETING Application for Permit or Variance A meeting of the Zoning Board of Appeals was held at the Courtroom of the Police Headquarters Building, 350 North Main Street, Port Chester, NY, on January 17, 2019 at 7:00 p.m. with Chairman William Villanova Presiding Present in addition to Chairman Villanova were Messrs.: Petrone, Luiso, and Allen Also in attendance was Kevin Donohue Building Inspector and Adam Pisarkiewicz, Assistant Planner. Date of Hearing: January 17, 2019 No. of Case: 2017-0166 Applicant: Philip J. Abenavoli 30 Bedford Road Greenwich, CT 06831 Nature of Request: On the premises No. 442 Westchester Avenue located in the R5 Building Zone District, being Section 135.84, Block No. 3, Lot No. 53 on the Assessment Map of the Town of Rye, New York Application is hereby made under the discretionary power vested in you by Section 345-29A, 345-13 or in the alternative 345.30 of the Zoning Ordinance of the Village of Port Chester to: obtain a use variance to legalize a three family dwelling A Port Chester Permit Amnesty Program Report was completed on 6/18/14 and determined this building to be a legal non-conforming two family dwelling in a R5 Zone. A review of Code of the Village of Port Chester, Chapter 345 Zoning Section 345-23 B. a change in use from a two family dwelling to a multifamily dwelling will require site plan approval before a building permit can be issued. Your Building Permit Application to legalize a three family dwelling is hereby DENIED for non- compliance with Code of the Village of Port Chester, Chapter 345 Zoning Section 345-41, R5 One Family Residence District Schedule 1A and Schedule 1B, does not permit three family dwellings. Summary of statement or evidence presented: Chairman Villanova informed Mr. Abenavoli that the Findings of Fact are not ready for tonight’s meeting. None of this will be held against the applicant and he will not have to return next month. The Board will make a decision and inform Mr. Abenavoli. Findings of Board: Action taken by Board The matter was not put through a vote and Mr. Abenavoli was told that a decision would be made and he would be informed of the decision. Signed___________________________ William Villanova Title_ Chairman____________ ATTEST:  MINUTES OF MEETING Application for Permit or Variance A meeting of the Zoning Board of Appeals was held at the Courtroom of the Police Headquarters Building, 350 North Main Street, Port Chester, NY, on January 17, 2019 at 7:00 p.m. with Chairman William Villanova Presiding Present in addition to Chairman Villanova were Messrs.: Petrone, Luiso, and Allen Also in attendance was Kevin Donohue Building Inspector and Adam Pisarkiewicz, Assistant Planner. Date of Hearing: January 17, 2019 No. of Case: 2018-0179 Applicant: Greg Retta 6 Colonial Street Katonah, NY 10531 Nature of Request: On the premises No. 394 Irving Avenue, being Section 136.77, Block No. 1 Lot No. 47 on the Assessment Map of the said Village, being a variance from the applicable Zoning Ordinance or Ordinances in the following respects: Application is hereby made under the discretionary power vested in you by Section 345-29A, 345-13 or in the alternative 345.30 of the Zoning Ordinance of the Village of Port Chester for permission to construct a one car garage (accessory structure) in the rear of the property 394 Irving Avenue is located in the RA2 Multifamily Residence District and that the Code of the Village of Port Chester Zoning section 345-6. J. (1) regulates side and year setbacks at ½ the building height. A review of the construction plans reveal the height of the building to be 11 feet, which requires a setback of 5.5 feet from the side and rear yard. A review of the survey reveals the one car garage (accessory structure) has a rear yard setback of 2.39 feet and a side yard setback of 2.08 feet. 1. Names and addresses of those appearing in favor of the application. No One 2. Names and addresses of those appearing in opposition to application. No One Summary of statement or evidence presented: Commissioner Petrone summarized the Findings of Fact as prepared by the Village Attorney Anthony Cerreto. Findings of Board: Action taken by Board: On the motion of Commissioner Petrone, which was seconded by Commissioner Luiso, the Findings of Fact Resolution was approved. Record of Vote: For _4__Against __________ Absent ___1______ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Approve Findings F Petrone F Luiso Ab D’Estrada F Villanova F Allen Signed___________________________ William Villanova Title_ Chairman____________ ATTEST:  MINUTES OF MEETING Application for Permit or Variance A meeting of the Zoning Board of Appeals was held at the Courtroom of the Police Headquarters Building, 350 North Main Street, Port Chester, NY, on January 17, 2019 at 7:00 p.m. with Chairman William Villanova Presiding Present in addition to Chairman Villanova were Messrs.: Petrone, Luiso, and Allen Also in attendance was Kevin Donohue Building Inspector and Adam Pisarkiewicz, Assistant Planner. Date of Hearing: January 17, 2019 No. of Case: 2018-0178 Applicant: Post Road Iron Works Aldo Vitagliano, Esq. 345 West Putnam Avenue 150 Purchase Street Greenwich, CT 06830 Rye, NY 10580 Nature of Request: on the premises New Broad Street & William Street located in the C5 Train Station Mixed Use District, being Section 142.38, Block No. 1, Lot No. 43 on the Assessment Map of the Town of Rye, New York Application is hereby made under the discretionary power vested in the Zoning Board of Appeals by Application is hereby made under the discretionary power vested in you by Section 345-29A, 345-13 or in the alternative 345.30 of the Zoning Ordinance of the Village of Port Chester to build a multi-family residential unit with 224 parking spaces Requested Variances Lot Area Per Dwelling Unit (§345 Attachment 3B) required 400 sq. ft.; proposed 348 sq. ft. requested 52 sq./ft. per dwelling unit Rear Yard Setback (§345 Attachment 3B) required 20 ft.; proposed 13 ft.; requested 7 feet Summary of statement or evidence presented: Commissioner Petrone summarized the Findings of Fact as prepared by the Village Attorney Anthony Cerreto Findings of Board: Action taken by Board: On the motion of Commissioner Petrone, which was seconded by Commissioner Allen, the Findings of Fact Resolution was approved Record of Vote: For _4__Against __________ Absent ___1______ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Approve Findings F Petrone F Luiso Ab D’Estrada F Villanova F Allen Signed___________________________ William Villanova Title_ Chairman____________ ATTEST:  MINUTES OF MEETING Application for Permit or Variance A meeting of the Zoning Board of Appeals was held at the Courtroom of the Police Headquarters Building, 350 North Main Street, Port Chester, NY, on January 17, 2019 at 7:00 p.m. with Chairman William Villanova Presiding Present in addition to Chairman Villanova were Messrs.: Petrone, Luiso, and Allen Also in attendance was Kevin Donohue Building Inspector and Adam Pisarkiewicz, Assistant Planner. Date of Hearing: January 17, 2019 No. of Case: 2018-0182 Applicant: Dennis Butler 60-01 Roosevelt Avenue Woodside, NY 11377 Nature of Request: on the premises No. 23 Central Avenue, located in the R2F Two Family Residential Zone District, being Section 142.46, Block No 1, Lot No. 18 on the Assessment Map of the Town of Rye, New York Application is hereby made under the discretionary power vested in you by Sections 345-19, 345-29A, and 345-13 or in the alternative 345-30 of the Zoning Ordinance of the Village of Port Chester to: amend a building permit to install a rear yard parking area with stormwater management facilities. Please be advised that 23 Central Avenue is a legal non-conforming 5 unit multi-family building located in the R2F Two Family Residential District. A review of the site plan reveals the proposed rear year parking area reduces the usable open space to less than 4,000 square feet in violation of the Code of the Village of Port Chester Chapter 345-7 A., which states; “Every residential or partial residential use shall be provided with the required area of usable open space noted for that particular use and zone district.” Further be advised that the R2F Two Family Residence District, schedule 1b; requires a minimum 800 square feet per dwelling unit or 4,000 square feet total usable open space. Summary of statement or evidence presented: Commissioner Petrone summarized the Findings of Fact as prepared by the Village Attorney Anthony Cerreto Findings of Board: Action taken by Board: On the motion of Commissioner Petrone, which was seconded by Commissioner Luiso, the Findings of Fact were approved Record of Vote: For _4__Against __________ Absent ____1_____ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Approve Findings F Petrone F Luiso Ab D’Estrada F Villanova F Allen Signed___________________________ William Villanova Title_ Chairman__________________ ATTEST:  MINUTES OF MEETING Application for Permit or Variance A meeting of the Zoning Board of Appeals was held at the Courtroom of the Police Headquarters Building, 350 North Main Street, Port Chester, NY, on January 17, 2019 at 7:00 p.m. with Chairman William Villanova Presiding Present in addition to Chairman Villanova were Messrs.: Petrone, Luiso, and Allen Also in attendance was Kevin Donohue Building Inspector and Adam Pisarkiewicz, Assistant Planner. Date of Hearing: January 17, 2019 No. of Case: 2018-0175 Amended Applicant: 305 Midland Realty Group 305 Midland Avenue Port Chester, NY 10573 Nature of Request: 305 Midland Realty Group 305 Midland Avenue Port Chester, NY 10573 on the premises No. 305 Midland Avenue located in the C1 Building Zone District, being Section 142.61, Block No. 1, Lot No. 8 on the Assessment Map of the Town of Rye, New York Application is hereby made under the discretionary power vested in the Zoning Board of Appeals by Section 345-29A of the Zoning Regulation for an interpretation of the application of Section 345-13L or in the alternative, by Section 345-30 of the Zoning Regulation to expand and modify a pre-existing non-conforming gas station 305 Midland Avenue is located in the C1 Building Zone District. Use of a gas station in a C1 Neighborhood Retail Zone requires a Use Variance Requested Variances Use Variance Required for Gas Station in C1 Neighborhood Retail District Minimum Usable Open Space (0 sq. ft. provided / 1200 sq. ft. required) Off Street Parking Variance (3 provided / 6 required) Off Street Loading Variance (0 provided / 1 required) Rear Yard Setback (18.4 ft. proposed /30 ft. required) An interpretation – increase in volume of use w/o a significant change in use type is not an enlargement of a non-conforming use Summary of statement or evidence presented: Commissioner Petrone summarized the Findings of Fact as prepared by the Village Attorney Anthony Cerreto. Findings of Board: Action taken by Board: On the motion of Commissioner Petrone, which was seconded by Commissioner Luiso the Findings of Fact were approved. Record of Vote: For _4__Against __________ Absent ____1_____ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Approve Findings F Petrone F Luiso Ab D’Estrada F Villanova F Allen Signed___________________________ William Villanova Title_ Chairman____________ ATTEST:  MINUTES OF MEETING Application for Permit or Variance A meeting of the Zoning Board of Appeals was held at the Courtroom of the Police Headquarters Building, 350 North Main Street, Port Chester, NY, on January 17, 2019 at 7:00 p.m. with Chairman William Villanova Presiding Present in addition to Chairman Villanova were Messrs.: Petrone, Luiso, and Allen Also in attendance was Kevin Donohue Building Inspector and Adam Pisarkiewicz, Assistant Planner. Date of Hearing: January 17, 2019 No. of Case: 2015-0127 Applicant: VLS Realty 314-316 Boston Post Road Port Chester, NY 10573 Nature of Request: A letter dated December 19, 2018 was received from Cuddy & Feder LLP on behalf of VLS realty Associates requesting an extension of previously approved variances. Six separate 90 day extensions have previously been granted for this application. The last extension granted was on October 18, 2018 1. Names and addresses of those appearing in favor of the application. No one 2. Names and addresses of those appearing in opposition to application. No one Summary of statement or evidence presented: Dan Patrick, Esq. of Cuddy & Feder represented this matter for the applicant. Mr. Patrick said the applicant is requesting a 90 day extension of previously granted approvals to allow additional time for his applicant to tend to matters dealing with the property. The Board inquired as to why the applicant needed additional time since the matter has been extended on multiple occasions. After a brief discussion with Mr. Patrick, the Board stated that it was willing to give a 30 day extension and if more time was needed the applicant would have to return next month with a more explicit explanation for the additional time being requested. Findings of Board: Action taken by Board On the motion of Commissioner Allen, which was seconded by Commissioner Petrone, a 30 day extension was granted the matter was adjourned to the February 21st meeting Record of Vote: For _4 _Against __________ Absent ___1_____ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Grant 30 days and adjourn to February 21, 2019 F Petrone F Luiso Ab D’Estrada F Villanova F Allen Signed___________________________ William Villanova Title_ Chairman____________ ATTEST:  MINUTES OF MEETING Application for Permit or Variance A meeting of the Zoning Board of Appeals was held at the Courtroom of the Police Headquarters Building, 350 North Main Street, Port Chester, NY, on January 17, 2019 at 7:00 p.m. with Chairman William Villanova Presiding Present in addition to Chairman Villanova were Messrs.: Petrone, Luiso, and Allen Also in attendance was Kevin Donohue Building Inspector and Adam Pisarkiewicz, Assistant Planner. Date of Hearing: January 17, 2019 Case No.: 2018-0176 Applicant: 66 Pearl Street Realty, LLC SEMACA Auto Repair 66 Pearl Street Port Chester, NY 10573 Nature of Request: on the premises No. 66 Pearl Street located in the C3 Building Zone District, being Section 142.30, Block No. 1, Lot No. 75 on the Assessment Map of the Town of Rye, New York Application is hereby made under the discretionary power vested in the Zoning Board of Appeals by Section 345-29A of the Zoning Regulation for an interpretation of the application of Section 345-13L or in the alternative, by Section 345-30 of the Zoning Regulation to demolish, expand and renovate an existing auto repair garage. 66 Pearl Street is located in the C3 Building Zone District. Use of an auto repair garage is not a permitted use in the C3 Office and Commercial District requires a Use Variance Requested Variances Use Variance Required for Auto Repair Garage in C3 Office and Commercial District Rear Yard Setback (0.5 ft. provided /20 ft. required) Side Yard Setback (left side 0.15 ft. & Right side 0.3 ft. provided / 0 or 10 ft. required) 1. Names and addresses of those appearing in favor of the application. No one 2. Names and addresses of those appearing in opposition to application. No one Summary of statement or evidence presented: John Colangelo Esq. represented the matter for the applicant. Mr. Colangelo said that last month they met before the Board and informed them of the amended application that had been filed. Unfortunately because of the timing the revised notice could not meet the required deadline so the Public hearing could not be continued at this meeting. Mr. Colangelo said he would like to share with the Board a little background information in preparation for next month’s meeting. Prior to last month’s meeting, a meeting was held with the Building Inspector to review the history of the site and the details of the previous variances that were granted over the years. There was one granted in 1971 and another granted in 1983. This information was new to the applicant which was the cause for the amended application requesting an interpretation that buildings constructed under the variances do not by definition, constitute non-conforming uses and may be altered without regard to limitations on the enlargement of a non-conforming structure, therefore a Use Variance is not required. Mr. Colangelo said he submitted a memo to the Board and has spoken with the Village Attorney and will meet with the Building Inspector in a week or two to discuss this further. With this in mind Mr. Colangelo said he will be coming back next month to pursue the matter further and to see if the Board is receptive to the arguments presented. The case law was discovered while researching a different application. Findings of Board: Action taken by Board: On the motion of Commissioner Petrone, which was seconded by Commissioner Allen, the matter was adjourned to the February meeting. Record of Vote: For _4__Against __________ Absent ____1_____ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Adjourn to February 21, 2019 F Petrone F Luiso Ab D’Estrada F Villanova F Allen Signed___________________________ William Villanova Title_ Chairman__________________ ATTEST:  MINUTES OF MEETING Application for Permit or Variance A meeting of the Zoning Board of Appeals was held at the Courtroom of the Police Headquarters Building, 350 North Main Street, Port Chester, NY, on January 17, 2019 at 7:00 p.m. with Chairman William Villanova Presiding Present in addition to Chairman Villanova were Messrs.: Petrone, Luiso, and Allen Also in attendance was Kevin Donohue Building Inspector and Adam Pisarkiewicz, Assistant Planner. Date of Hearing: January 17, 2019 No. of Case: 2018-0181 and 2018-0180 Applicant: 208 Grace LLC John Colangelo Esq. c/o Woodcrest Homes LLC 211 South Ridge Street 366 North Broadway, Suite 410 Rye Brook, NY 10573 Jericho, NY 11753 Nature of Request: on the premises No. 1 Leonard Street, located in the R2F Two Family Residential Zone District, being Section 142.54, Block No 1, Lot No. 35.2 on the Assessment Map of the Town of Rye, New York Application is hereby made under the discretionary power vested in you by Sections 345-19, 345-29A, and 345-13 or in the alternative 345-30 of the Zoning Ordinance of the Village of Port Chester to: to construct a new two family dwelling A review of the site plan reveals the following features are not in compliance with the Code of the Village of Port Chester, Chapter 345 Zoning;  Two curb cuts are proposed on one lot. This is not in compliance with section 345-14 H. Lots containing or restricted to one- and/or two-family dwellings shall be limited to one curb cut per lot.  Two access drives are proposed at 18 feet wide. This is not in compliance with section 345- 6 I. (4) Access driveways through required front yards and required side yards shall not exceed 10 feet in width, except that in instances where a garage two car spaces wide is set back beyond the required front yard, such garage may have an access driveway as wide as the parking spaces in the garage, which driveway extends not more than 30 feet in front of the access doors to such garage.  Floor Area Ratio (FAR) is proposed to be .83. This is not in compliance with 345-42 R2F Two-Family District, Attachment 1B Dimensional Regulations which requires .70. Applicant: 3 Leonard Street LLC John Colangelo Esq. c/o Woodcrest Homes LLC 211 South Ridge Street 366 North Broadway, Suite 410 Rye Brook, NY 10573 Jericho, NY 11753 Nature of Request: on the premises No. 3 Leonard Street, located in the R2F Two Family Residential Zone District, being Section 142.54, Block No 1, Lot No. 35.3 on the Assessment Map of the Town of Rye, New York Application is hereby made under the discretionary power vested in you by Sections 345-19, 345-29A, and 345-13 or in the alternative 345-30 of the Zoning Ordinance of the Village of Port Chester to: to construct a new two family dwelling A review of the site plan reveals the following features are not in compliance with the Code of the Village of Port Chester, Chapter 345 Zoning;   Two curb cuts are proposed on one lot. This is not in compliance with section 345-14 H. Lots containing or restricted to one- and/or two-family dwellings shall be limited to one curb cut per lot.  Two access drives proposed to exceed 10 feet in width. This is not in compliance with section 345-6 I. (4) Access driveways through required front yards and required side yards shall not exceed 10 feet in width, except that in instances where a garage two car spaces wide is set back beyond the required front yard, such garage may have an access driveway as wide as the parking spaces in the garage, which driveway extends not more than 30 feet in front of the access doors to such garage.  Two parking spaces are proposed in the front yard. This is not in compliance with section 345-6 I. (3) Accessory off-street parking spaces, other than those which might be incidentally available within an actual access driveway area, shall not be located within a required front yard, nor within a required side yard. Floor Area Ratio (FAR) is proposed to be .77. This is not in compliance with 345-42 R2F Two- Family District, Attachment 1B Dimensional Regulations which requires .70 1. Names and addresses of those appearing in favor of the application. No One 2. Names and addresses of those appearing in opposition to application. No One Summary of statement or evidence presented: John Colangelo, Esq. represented this matter for the applicant. Mr. Colangelo began by saying that he was before the Board last month and had extensive discussions with regard to the needed variances looking for ways to mitigate the layout of the sites. The applicant went back to the architect to try to incorporate the suggestions made by the Board regarding limiting the extent of the variances and the type variances. The entrance is now 10ft. on all curb cuts, the driveways were shortened to the minimum allowed by the Code. Having done that they are pretty far away from the retaining wall. A copy of the drainage system was shown to the Board. Deep holes will need to be drilled into the ground and inspected by the Building Department, This will remove all of the water from the house and off of the driveway and off the streets. The impervious surfaces have been reduced by shortening the driveways. There will be two curb cuts on each lot but the size of the curb cuts has been reduced in size from 18ft to 10ft, there is tandem parking rather than parking on the side. The variances requested are all area variances in R2F Zone. Similar variances are requested for each lot and the analysis will is similar. Because of the topography of the land and the rock outcropping the lots are very difficult to develop. For the record the modified plan is dated 12/17/2018 SP-1.0 Although the cases were heard together, the applicant has requested that separate resolutions be prepared for each property. No one from the public spoke for or against this application. Findings of Board: Action taken by Board: On the motion of Commissioner Petrone, which was seconded by Commissioner D’Estrada the applicant was asked to revise the plans and adjourn the matter to the January 17th meeting. Record of Vote: For __5_Against __________ Absent _________ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Adjourn to Febuary 21, 2019 F Petrone F Luiso F D’Estrada F Villanova F Allen Signed___________________________ William Villanova Title_ Chairman____________ ATTEST:  MINUTES OF MEETING Application for Permit or Variance A meeting of the Zoning Board of Appeals was held at the Courtroom of the Police Headquarters Building, 350 North Main Street, Port Chester, NY, on January 17, 2019 at 7:00 p.m. with Chairman William Villanova Presiding Present in addition to Chairman Villanova were Messrs.: Petrone, Luiso, and Allen Also in attendance was Kevin Donohue Building Inspector and Adam Pisarkiewicz, Assistant Planner. Date of Hearing: January 17, 2019 No. of Case: 2018-0180 Applicant: 3 Leonard Street LLC John Colangelo Esq. c/o Woodcrest Homes LLC 211 South Ridge Street 366 North Broadway, Suite 410 Rye Brook, NY 10573 Jericho, NY 11753 Nature of Request: on the premises No. 3 Leonard Street, located in the R2F Two Family Residential Zone District, being Section 142.54, Block No 1, Lot No. 35.3 on the Assessment Map of the Town of Rye, New York Application is hereby made under the discretionary power vested in you by Sections 345-19, 345-29A, and 345-13 or in the alternative 345-30 of the Zoning Ordinance of the Village of Port Chester to: to construct a new two family dwelling A review of the site plan reveals the following features are not in compliance with the Code of the Village of Port Chester, Chapter 345 Zoning;  Two curb cuts are proposed on one lot. This is not in compliance with section 345-14 H. Lots containing or restricted to one- and/or two-family dwellings shall be limited to one curb cut per lot.  Two access drives proposed to exceed 10 feet in width. This is not in compliance with section 345-6 I. (4) Access driveways through required front yards and required side yards shall not exceed 10 feet in width, except that in instances where a garage two car spaces wide is set back beyond the required front yard, such garage may have an access driveway as wide as the parking spaces in the garage, which driveway extends not more than 30 feet in front of the access doors to such garage.  Two parking spaces are proposed in the front yard. This is not in compliance with section 345-6 I. (3) Accessory off-street parking spaces, other than those which might be incidentally available within an actual access driveway area, shall not be located within a required front yard, nor within a required side yard. Floor Area Ratio (FAR) is proposed to be .77. This is not in compliance with 345-42 R2F Two- Family District, Attachment 1B Dimensional Regulations which requires .70 1. Names and addresses of those appearing in favor of the application. No One 2. Names and addresses of those appearing in opposition to application. No One Summary of statement or evidence presented: John Colangelo, Esq. represented this matter for the applicant. Due to the similarity of this application to the application for 1 Leonard Street, the two applications were heard together. The minutes reflect both applications  John Colangelo, Esq. represented this matter for the applicant. Mr. Colangelo began by saying this application and the next application 1 and 3 Leonard Street are 2 vacant lots. They are two separate applications but the underlying fact patterns are the same for both. Two separate LLC’s owned these properties and it was an approved sub division. (Mr. Colangelo provided the Board with a book of all related documents and photos) The houses were never built and resulted in two conforming building lots. Both of these lots were subsequently purchased by the applicant and two separate LLC’s were used. These lots were never developed and have become an eyesore in the neighborhood. Because of the topography of the land and the rock outcropping the lots are very difficult to develop. The applicant feels that he has a proposal that will work. The variances requested are all area variances in R2F Zone. Similar variances are requested for each lot and the analysis will be very similar. Primarily, the variances relate to parking. The intent of the applicant was to place parking on site rather than to ask for variance for not supplying parking he preferred to afford the four parking lots on site but that required variances for the front yard in certain sections and wider driveways and two curb cuts. The access drives do exceed the permitted widths, parking spaces within the front yard No 1 Leonard anticipated having the driveway go on to the street. this application is for an area variance for parking, a driveway width, two curb cuts as opposed to one and parking in the front yard. This is all caused by asking for on-site parking as opposed to asking for variances for no parking on site. In order to accommodate the parking requirements with the topography, the variances are requested. The applicant has supplied the Board with pictures of neighbors whose houses have either two curb cuts or wide driveways and this is not inconsistent with what you see in this area of town. Older area, with older houses with small lots and what has been done is the use of two driveways, parking in the front yard and similar variances like those that are being requested. There are two garage doors on the property and the driveway, by Code, can be as wide as the two doors. There are two parking spaces per unit. This is similarly true of #3 Leonard Street. This is almost tandem parking(which is approved) because you can park and violates the code and that’s why the variance is needed. Technically it is parking in the front yard and not tandem parking. The width of the garage door is no more than 9ft. This is not unique for this area and it will remove cars off the street. It will not change the character of the neighborhood (Leonard, Fawcett, and Eldredge Streets). The applicant said when the sub division was approved 16 years ago it was approved with a 6 foot rear yard setback and the applicant plans to maintain that with an additional few inches. Mr. Donovan provided the Board with some architectural drawings to help the members understand the applicant’s request. By moving the curb cut onto Leonard the applicant is able to maintain level grades for both properties. If the curb cut remains as is, because of the elevation to Grace Church Street one property would be much higher than the other and it is very dangerous in the winter. Both 1 Leonard and 3 Leonard are two family developments which are side by side. The Port Chester Housing Authority Development backs up to the rear of these lots. There is a 3 family house on the right of the applicant’s property that was approved with parking. That applicant never provided the parking and is currently parking on the dirt. There is currently no proper drainage from that property. The applicant with provide drainage which will greatly benefit himself and the house next door. The front of the property is encompassed with a wall and the area is blacktopped. Two cars will be parking in the garage on the property and two will park on the outside which will be blacktopped. The area will be blacktopped to ease with the turning of vehicles in the driveway. This also prevents the vehicles from backing out onto Leonard Street which is dangerous. The Board has suggested to the applicant that the amount of blacktop is overwhelming. The Board has suggested that the applicant consult with the applicant to look for ways to reduce the impervious surfaces on both 1 and three Leonard Street On the advice of the Village Attorney the application for 3 Leonard street was considered open as well because they are fundamentally the same and the matter has been discussed with this application. Findings of Board: Action taken by Board: On the motion of Commissioner Petrone, which was seconded by Commissioner D’Estrada the applicant was asked to revise the plans and adjourn the matter to the January 17th meeting. Record of Vote: For __5_Against __________ Absent _________ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Adjourn to January 17, 2019 F Petrone F Luiso F D’Estrada F Villanova F Allen Signed___________________________ William Villanova Title_ Chairman____________ ATTEST:  MINUTES OF MEETING A meeting of the Zoning Board of Appeals was held at the Courtroom of the Police Headquarters Building, 350 North Main Street, Port Chester, NY, on January 17, 2019 at 7:00 p.m. with Chairman William Villanova Presiding Present in addition to Chairman Villanova were Messrs.: Petrone, Luiso, D’Estrada and Allen Also in attendance was Kevin Donohue Building Inspector and Adam Pisarkiewicz, Assistant Planner. Date of Hearing: January 17, 2019 Case No. 2019-0183 Applicant: First Bank of Greenwich Bow West Associates, LLC 444 E Putnam Ave 8 Hilltop Drive Cos Cob, CT 06807 Port Chester, NY 10573 Nature of Request: on the premises No. 500 Westchester Avenue located in the C1 Building Zone District, being Section 138.84, Block No. 2, Lot No. 1 on the Assessment Map of the Town of Rye, New York Application is hereby made under the discretionary power vested in you by Sections 345-19, 345-29A, and 345-13 or in the alternative 345-30 of the Zoning Ordinance of the Village of Port Chester to: to install a ground sign A review of the sign application to install a ground sign has revealed the following non-compliance with the Code of the Village of Port Chester section 345-15 B & E as follows; 1) Section 345-15 E. (2), states, “A detached or ground identification sign may only be erected where the building is set back from the street line a distance of 40 feet or more”. The building is less than a 40 foot setback. 2) Section 345-15 E. (2)(d), states, “Such sign shall not:” “Be set back less than 20 feet from any property line” The ground sign is proposed with no setback from the property line. 1. Names and addresses of those appearing in favor of the application. No One 2. Names and addresses of those appearing in opposition to application. No One Summary of statement or evidence presented: Bruno Gioffre represented this matter for the applicant along with Breck Morgan of the sign company. Mr. Gioffre began by saying that the application is for a sign for First Bank of Greenwich bank which is a quality institution that is coming to the Village and is already established in Greenwich and Stamford. The unique site itself creates the hardship. The site is triangular and the building is preexisting on the site and historically being a bank, the use is the same, the occupancy of the site is the same. The building has been totally renovated and signage is critical to the identity of the site. The building sits in a position that makes it impossible to comply with the Code. (it has never met the Code and will never meet the code requirements.) The signs are at the only place they can be posted given the location and the intersecting roads etc. The bank relocated its access to the bank from the parking area and accommodated the needs of seniors and those needing safer and speedier access to the bank. An Unnecessary hardship would result without a variance because of the conditions that are unique to the property. The hardship is not self-created because the building has existed on the property for years. Having the signs would not change the characteristics of the neighborhood and could potentially increase safety for all (high visibility) for bank access and to the parking areas. Having the sign helps the area become viable again and not dormant as it has been since the STERLING Bank vacated the premises some time ago. No one from the public spoke for or against this application Findings of Board: Action taken by Board: On the motion of Commissioner Petrone, which was seconded by Commissioner Luiso, the public hearing was close and the Village Attorney was directed to prepare findings of fact for the January 17th meeting. Record of Vote: For __4_Against __________ Absent ____1_____ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Close Hearing/Prepare Findings F Petrone F Luiso Ab D’Estrada F Villanova F Allen Signed___________________________ William Villanova Title_ Chairman____________ ATTEST:  MINUTES OF MEETING A meeting of the Zoning Board of Appeals was held at the Courtroom of the Police Headquarters Building, 350 North Main Street, Port Chester, NY, on January 17, 2019 at 7:00 p.m. with Chairman William Villanova Presiding Present in addition to Chairman Villanova were Messrs.: Petrone, Luiso, and Allen Also in attendance was Kevin Donohue Building Inspector and Adam Pisarkiewicz, Assistant Planner. Date of Hearing: January 17, 2019 Nature of Request: Adjourn meeting to February 21, 2019 On the motion of Commissioner Luiso, which was seconded by Commissioner Allen, the meeting was adjourned to February 21, 2019 Record of Vote: For _4_Against ______ Absent ___1___ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Adjourn to February 21, 2019 F Petrone F Luiso Ab D’Estrada F Villanova F Allen Signed___________________________ William Villanova Title_ Chairman__________________ ATTEST: