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Zoning Board of Appeals

Regular Meeting

Port Chester, NY · February 21, 2019

AgendaMinutes

Minutes

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 February 21, 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 Anthony Cerreto Village Attorney, Kevin Donohue Building Inspector and Adam Pisarkiewicz, Assistant Planner. Date of Hearing: February 21, 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. 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: Village Attorney Anthony Cerreto began by saying last month his wife passed away so he was unable to give any attention to this application so tonight he would like to clarify and confirm the Board’s intentions with this matter and directions for preparing Findings of Fact. Chairman Villanova asked Mr. Cerreto if he would like a call for the vote again, to which Mr. Cerreto said yes. Commissioner Petrone said that at the January meeting they went over the final completion of the Public Hearing and at that time some statements were made to the fact ha there was a lack of credible evidence to support a use variance. Ms. Petrone said that the Board felt that the uniqueness of the property was in doubt since it is supposed to be a one family district and instead of being populated with one family homes it is populated with homes that are two and three family types. Therefore the Board felt the property does not have the uniqueness required to substantiate that condition and therefore the Board indicated their predisposition to vote against this matter. Findings of Board: Action taken by Board On the motion of Commissioner Petrone, which was seconded by Commissioner Luiso the Board Denies the application Record of Vote: For _Against ____5__ Absent ________ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Denial of application A Petrone A Luiso A D’Estrada A Villanova A 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 February 21, 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 Anthony Cerreto Village Attorney, Kevin Donohue Building Inspector and Adam Pisarkiewicz, Assistant Planner. Date of Hearing: February 21, 2019 No. of Case: 2018-0181 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. 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 Board Approved the Findings of Fact as prepared by the Village Attorney Record of Vote: For _Against ____5__ Absent ________ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Approve Findings 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 February 21, 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 Anthony Cerreto Village Attorney, Kevin Donohue Building Inspector and Adam Pisarkiewicz, Assistant Planner. Date of Hearing: February 21, 2019 No. of Case: 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. 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: 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 as prepared by the Village Attorney were approved. Record of Vote: For __5_Against __________ Absent _________ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Approve Findings 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 February 21, 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 Anthony Cerreto Village Attorney, Kevin Donohue Building Inspector and Adam Pisarkiewicz, Assistant Planner. Date of Hearing: February 21, 2019 No. of Case: 2019-0183 Applicant: First Bank of Greenwich (applicant) Bow West Associates, LLC (Owner) 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 Permit Application to install a ground sign at 500 Westchester Avenue is hereby DENIED for non-compliance with the Code of the Village of Port Chester, section 345-15 E. (2) & (2)(d). 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 as prepared by the Village Attorney were approved. Record of Vote: For __5_Against __________ Absent _________ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Approve Findings 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 February 21, 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 Anthony Cerreto Village Attorney, Kevin Donohue Building Inspector and Adam Pisarkiewicz, Assistant Planner. Date of Hearing: February 21, 2019 No. of Case: 2015-0127 Applicant: VLS Realty 314-316 Boston Post Road Port Chester, NY 10573 Nature of Request: A letter dated February 11, 2019 was received from Anthony Gioffre III of Cuddy & Feder LLP on behalf of VLS Realty Associates for property located at 314-316 Boston Post Road, requesting a ninety day extension of previously granted approvals. Six ninety day extensions and one thirty day extension have previously been granted for this property. 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: Chairman Villanova thanked Mr. Gioffre for returning tonight. He explained that this Applicant has had a series of extensions and the Board needed more information as to why so many extensions were needed. Anthony Gioffre III, Esq. of Cuddy & Feder represented this matter for the applicant. Mr. Gioffre said he was grateful to the Board for granting extensions and he was pleased to report that the applicant has a letter of intent signed by Solomon Builders with regard to the property. Findings of Board: Action taken by Board On the motion of Commissioner Allen, which was seconded by Commissioner D’Estrada, an extension was granted for 90 days 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 90 Day Extension 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 February 21, 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 Anthony Cerreto Village Attorney, Kevin Donohue Building Inspector and Adam Pisarkiewicz, Assistant Planner Date of Hearing: February 21, 2019 No. of Case: 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: Daniel Tartaglia, Esq. represented this matter for the applicant. Mr. Tartaglia began by saying the Public Hearing for this matter was opened last month and the applicant is requesting a use variance and several area variances. Subsequent to resubmission of the application some research by Mr. Colangelo uncovered the fact that a use variance was granted for this property in connection with this use in 1983. There is also case law supporting the supposition that once a property receives a use variance its considered a legal use and no longer considered a non- conforming use within that zone regardless of what the zone is. Therefore any expansion of that is not considered a non-conforming use. The documents have also been given to the Village Attorney for his consideration. If his interpretation concurs with your interpretation that would eliminate the need for the largest variance being requested. Mr. Tartaglia said he is here tonight to answer any questions with regard of that supposition. In a question and answer session the applicant said the need for the original variance was to put an auto body shop in the location. Mr. Tartaglia said based on that information there is no longer a need for a use variance. The variance was granted in 1983. Mr. Tartaglia read to the Board excerpts from the law on several cases. Village Attorney Anthony Cerreto said that the auto body use is not what’s before the Board. That portion will go before the Board of Trustees for Special Exception Use. What is before the Board tonight is the expansion of the use. Mr. Cerreto said he read the file and discussed the case with Mr. Colangelo and now he needs to review the case files with the Building inspector and also review the original approval. Mr. Cerreto said he will provide the Board with an opinion once he has reviewed the files. Chairman Villanova said there was also a question as to the buildings being contiguous to which the Building Inspector Kevin Donohue said there are two buildings on the property and they are not contiguous, there are two different uses. Chairman Villanova said to make note regarding this matter being two addresses not one. Also a question regarding the sharing of a wall on the property. No one from the public spoke for or against this matter Findings of Board: Action taken by Board: On the motion of Commissioner Luiso, which was seconded by Commissioner D’Estrada, the matter was adjourned to the March 21, 2019 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 March 21st Meeting 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 February 21, 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 Anthony Cerreto Village Attorney, Kevin Donohue Building Inspector and Adam Pisarkiewicz, Assistant Date of Hearing: February 21, 2019 No. of Case: 2019-0184 Applicant: Marty Barry /Applicant David West/Property Owner Ballet de Ameriques/Contract Vendee Nature of Request on the premises No. 16 King Street, being Section 142.30, Block 2, Lot No. 27, 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 for two additional wall signs Please be advised that a review of the sign permit application to install two additional wall signs on the front of the building facing Kings Street reveals two non-compliances with the Code of the Village of Port Chester section 345-15 B & E as follows; 1) Section 345-15 B, Schedule of permitted signs states, “Other commercial and industrial districts” permits “1 wall sign on each public street or municipal off-street parking lot”. One wall sign exists on the front of the building facing King Street. 2) Section 345-15 E (1) “A Wall sign shall be attached or incorporated in a building wall. Such sign shall not: (b) “Be located above the second story of a building wall.” The two additional wall signs extend above the second story. Your Sign Permit Application to install to install two additional wall signs on the front of the building facing Kings Street is hereby DENIED for non-compliance with the Code of the Village of Port Chester, section 345-15 B & E which allows one wall sign per street frontage and not to be located above the second story. 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 Martin Barry property owner, represented this matter for the applicant. Along with him was Mr. Hansiaka Wilhelm the tenant in the building. Mr. Barry said they are looking for a really beautiful looking banner in the front of the building to draw attention to, and celebrate the cultural nature of the tenant. This is a premier corner, right at Liberty Square in the shadow of the old bank building at the crossroads of Port Chester. Mr. Martin said he is very excited to be attending meeting about the new Zoning regulations as well. Mr. Martin said he is looking to use the signage to draw attention to the culture and beautify the block. The board reviewed pictures of the signage brought to them by Mr. Martin. He said some of the stencils in the inner windows could be removed. There was a question regarding the CrossFit sign in the picture to which Mr. Martin said the sign is no longer there and that this was an older picture. The signs that are being requested are not illuminated and are made of fabric. The banners would be parallel to the sidewalk and are banners for the symmetry and looks upon entering the building. (it adds an element of class like museums and artistic venues) the size of the signs are 2 feet wide by 18 feet high. The color will be red and the signs will have lettering. The building has a hair salon on the ground floor, the ballet take us a portion of the ground floor and the entire second floor and the third floor is offices. There is lettering on the window for the hair salon. Chairman Villanova asked the Building Inspector Kevin Donohue some clarifying question The applicant is looking to install two additional wall signs and if they remove the lettering on the inner entrance glass would the applicant be looking to install one additional wall sign instead of two. The Building Inspector’s response was Yes! If the applicant removed the lettering on the inner entrance glass and went with one sign, they would not need a variance at all? Mr. Donohue replied they would only need a variance for the sign being above ground level on the second floor. If we are looking at the entire building, are we looking at four signs? Mr. Donohue replied yes! Mr. Donohue said that the past practice of the Village, if there are two tenants in the building they each get a wall sign. The applicant said there are actually five tenants in the building. 1 sign for the salon, 1 sign above the entrance for the attorney’s office, 1 sign for the ballet, Civicom has an office there but no sign and a consulting company has an office on the third floor with no signage. Mr. Wilhelm testified that the ballet is one of two cultural centers in the village along with the clay art center and it is his understanding that part of the revitalization of the village and the planned zoning is to attract art institutions like the ballet. When looking down King Street from Westchester Avenue there is an abundance of dismal signs. The view appears to be a little bit seedy. There is check cashing, a liquor store and a grocery store all of which have non attractive signs. Metro North is redoing the station on the other side and revitalization needs to start from this corner. The applicant was asked to look for alternatives for all the signage on the building. Perhaps minimize the other tenants signs and bring more attention to the Ballet. Findings of Board: Action taken by Board: On the motion of Commissioner Luiso, which was seconded by Commissioner Allen, the matter was adjourned to the March 21, 2019 meeting Adjourn to March 21st meeting 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 February 21, 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 Anthony Cerreto Village Attorney, Kevin Donohue Building Inspector and Adam Pisarkiewicz, Assistant Planner Date of Hearing: February 21, 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 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: Scott Gance principle of Post Road Iron Works represented the matter along with The project is a 180 unit project, a multifamily five story building over structured parking. The first level of the parking will be public parking, (50 spaces) there are 224 parking spaces total. The mix of apartments are 34 studios, 85 one bedrooms and 61 two bedrooms. The building will have a tremendous net positive affect on the Village and a lot of time went into designing such. All comments regarding the application have been addressed and several meeting have been held with the Planning Department with regard to this matter. The estimated taxes will be 1.3 million dollars per year. The spendable income from the project will be approximately 5.3 million dollars. There are costs beyond the standard development costs and have to deal with the steep topography of the property and the structured parking to be built there. The parking matter was at the request of the Board of Trustees so to address their concerns an additional layer of parking was added. (The parking will not be owned by the Village the applicant will determine the cost to park). There will be extraordinary additional cost imposed by the MTA for the flagmen who will be on site for two years at their request. There are other requests being made by the MTA and the applicant has been meeting with them and is making progress. The building will have a green roof and residents will have a view of the Long Island Sound from a patio that will be there also. The building will gentrify an area that is in need of gentrification. There will be a retention base below for water from the roof. The area is currently a wooded vacant lot and the applicant hopes to replace that with this project. The retaining wall that will go between the rear end of the building and the train tracks is also an expensive cost. One Thousand feet of Suez water line also needs to be installed. A gas upgrade needs to happen as well, adding to the additional costs. Comments have been received from the Traffic Consultant with regard to New Broad and William Street Intersections. Members of the Planning Commission and Board of Trustees met at the intersection to observe the traffic flows. There were traffic conditions that already exist and the applicant has designed ways to mitigate those conditions. The applicant is with the Village in every aspect of the process At a previous meeting of the Board the applicant pulled the lot area per dwelling unit portion of the application and went before the planning commission to get their feel on the number of dwelling units. The Planning Commission gave a favorable review and referred the matter back to the Zoning Board. In summation the applicant could have built the project with less units and made each unit larger increasing the chance of generating additional numbers to the school enrollment above the mitigation study suggestions. Due to the extraordinary expenses that were added to the project by the MTA etc. the applicant has increased the number of units however they are smaller units and in line with the school mitigation study which will not overwhelm the Port Chester Schools with additional numbers of children. No one spoke for or against this matter Findings of Board: Action taken by Board: On the motion of Commissioner Petrone, which was seconded by Commissioner Allen, the Public Hearing was closed Record of Vote: For _5__Against ______ Absent ________ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Close Public Hearing F Petrone F Luiso F D’Estrada F Villanova F Allen On the motion of Commissioner Petrone, which was seconded by Commissioner D’Estrada, the Village Attorney was directed to prepare Findings of Fact for the March meeting. Record of Vote: For _5__Against ______ Absent ________ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Prepare Findings 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 February 21, 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 Anthony Cerreto Village Attorney, Kevin Donohue Building Inspector and Adam Pisarkiewicz, Assistant Planner Date of Hearing: February 21, 2019 Nature of Request: Adjourn meeting to March 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 _5_Against ______ Absent _____ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Adjourn to March 21, 2019 F Petrone F Luiso F D’Estrada F Villanova F Allen Signed___________________________ William Villanova Title_ Chairman__________________ ATTEST:

Agenda

Zoning Board of Appeals February 21, 2019 Page 1 VILLAGE OF PORT CHESTER ZONING BOARD OF APPEALS AGENDA February 21, 2019 ************************************************************************************* Findings 1. Case No. 2017-0166 Philip Abenavoli 30 Bedford Road Greenwich, CT 06831 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 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 obtain a use variance to legalize a three family dwelling. Findings 2. Case No. 2018-0181 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 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 Zoning Board of Appeals February 21, 2019 Page 2 Findings 3. Case No. 2018-0180 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 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 Findings 4. Case No. 2019-0183 First Bank of Greenwich (applicant) Bow West Associates, LLC (Owner) 444 E Putnam Ave 8 Hilltop Drive Cos Cob, CT 06807 Port Chester, NY 10573 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 Permit Application to install a ground sign at 500 Westchester Avenue is hereby DENIED for non-compliance with the Code of the Village of Port Chester, section 345-15 E. (2) & (2)(d). Zoning Board of Appeals February 21, 2019 Page 3 Extensions 5. Case No. 2015-0127 A letter dated February 11, 2019 was received from Anthony Gioffre III of Cuddy & Feder LLP on behalf of VLS Realty Associates for property located at 314-316 Boston Post Road, requesting a ninety day extension of previously granted approvals. Six ninety day extensions and one thirty day extension have previously been granted for this property. Continued Public Hearing 6. Case No. 2018-0176 66 Pearl Street Realty, LLC SEMACA Auto Repair 66 Pearl Street Port Chester, NY 10573 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 New Public Hearing 7. Case No. 2019-0184 NOTICE IS HEREBY GIVEN that the undersigned has applied to the Zoning Board of Appeals of the Village of Port Chester, N.Y. Marty Barry /Applicant Zoning Board of Appeals February 21, 2019 Page 4 David West/Property Owner Ballet de Ameriques/Contract Vendee on the premises No. 16 King Street, being Section 142.30, Block 2, Lot No. 27, 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 for two additional wall signs Please be advised that a review of the sign permit application to install two additional wall signs on the front of the building facing Kings Street reveals two non-compliances with the Code of the Village of Port Chester section 345-15 B & E as follows; 1) Section 345-15 B, Schedule of permitted signs states, “Other commercial and industrial districts” permits “1 wall sign on each public street or municipal off-street parking lot”. One wall sign exists on the front of the building facing King Street. 2) Section 345-15 E (1) “A Wall sign shall be attached or incorporated in a building wall. Such sign shall not: (b) “Be located above the second story of a building wall.” The two additional wall signs extend above the second story. Your Sign Permit Application to install to install two additional wall signs on the front of the building facing Kings Street is hereby DENIED for non-compliance with the Code of the Village of Port Chester, section 345-15 B & E which allows one wall sign per street frontage and not to be located above the second story. New Public Hearing 8. Case No. 2018-0178-A NOTICE IS HEREBY GIVEN that the undersigned has applied to the Zoning Board of Appeals of the Village of Port Chester, N.Y. Post Road Iron Works Aldo Vitagliano, Esq. 345 West Putnam Avenue 150 Purchase Street Greenwich, CT 06830 Rye, NY 10580 on the premises New Broad Street & William Street 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 Zoning Board of Appeals February 21, 2019 Page 5 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 Variance Lot Area Per Dwelling Unit (§345 Attachment 3B) required 400 sq. ft.; proposed 348 sq. ft. requested 52 sq./ft. per dwelling unit NEXT MEETING: March 21, 2019 THE ZONING BOARD OF APPEALS MEETING WILL BE HELD ON THE 3RD THURSDAY OF EVERY MONTH AT 7:00 O’CLOCK IN THE EVENING IN THE COURT ROOM, POLICE HEADQUARTERS BUILDING, AT 350 NORTH MAIN STREET, PORT CHESTER, NEW YORK

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