Zoning Board of Appeals
Regular MeetingPort Chester, NY · February 21, 2019
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
Get email alerts for Port Chester
A daily email when new agendas and minutes are posted.