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 March 21, 2019 at 7:00 p.m. with Commissioner Evelyn Petrone presiding Present in addition to Commissioner Petrone were Messrs.: Luiso, D’Estrada and Allen Also in attendance was Kevin Donohue Building Inspector. Date of Hearing: March 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: Commissioner Petrone explained that this matter was scheduled for Findings tonight but at the agreement of the applicant’s attorney and the Village Attorney a request has been made to adjourn the matter to the April 21st meeting 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 April 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 Adjourn to April 18, 2019 F Petrone F Luiso F D’Estrada Ab 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 March 21, 2019 at 7:00 p.m. with Commissioner Evelyn Petrone presiding Present in addition to Commissioner Petrone were Messrs.: Luiso, D’Estrada and Allen Also in attendance was Kevin Donohue Building Inspector. Date of Hearing: March 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: Commissioner Petrone summarized the Favorable Findings of Fact as prepared by the Village Attorney Anthony Cerreto Findings of Board: Action taken by Board: On the motion of Commissioner Luiso, which was seconded by Commissioner Allen, the Favorable Findings of Fact as prepared by the Village Attorney 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 F D’Estrada Ab 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 March 21, 2019 at 7:00 p.m. with Commissioner Evelyn Petrone presiding Present in addition to Commissioner Petrone were Messrs.: Luiso, D’Estrada and Allen Also in attendance was Kevin Donohue Building Inspector Date of Hearing: March 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: John Colangelo Esq. along with Pierre Sarrazin of Sarrazin Architects represented this matter for the applicant. Mr. Colangelo began by saying this matter has been before the Board for several months, they have submitted an amended application requesting an interpretation for the necessity of a use variance because it was deemed to be an extension of a non-conforming use. After numerous meetings with the Building Inspector and the Village Attorney and after reviewing all of the history on the site the Village Attorney rendered an opinion to the Board that a use variance is not necessary because the granting of the variances in 1971 and 1983 basically legalized the structure as it is now and therefore it is not an extension of a non-conforming use, it is a conforming use. The only variance that is now required is a rear setback variance and a side setback variance which are area variances. The auto repair has been at this site since 1960. It was agreed that the Findings would reflect that a use variance is not necessary for this matter and the Board was in agreement and voted on such. No one from the public spoke for or against this matter On the motion of Commission D’Estrada which was seconded by Commissioner Allen the Board agreed that this matter does not require a use variance. Record of Vote: For __4 Against __________ Absent ____1____ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent No Use Variance Required F Petrone F Luiso F D’Estrada Ab Villanova F Allen Commissioner Petrone said the only items remaining on this matter are the setbacks, both rear and side yard. She reiterated the request Rear Yard Setback (0.5 ft. provided /20 ft. required) and Side Yard Setback (left side 0.15 ft. & Right side 0.3 ft. provided / 0 or 10 ft. required) Mr. Colangelo said that since they are extending the building the rear yard setback was granted a variance with the 1971 variance when that portion of the building was added. What the applicant is actually doing is squaring off the building. For some particular reason at that time the building was not squared off and it is a necessity for this application. (rear yard setback) Since there is a new proposed building which goes to the lot line, a side yard variance is needed and the applicant will not be able to provide the eight feet that are required. Also a non- conforming structure in the front is being removed (the two family residential structure).The side yard variance is needed because of the size of the lifts inside the structure. The applicant is also hoping to go before the Board of trustees for a Special Exception Use Permit for two bays inside for auto body use. To accommodate the special space that they need, the applicant must go into the side yard setback. Pierre Sarrazin explained the demolition of the two family residential building which will be infilled. There is a retaining wall there and the grade goes upward from the street which will be leveled off and filled in and the retaining wall will be continued to match the one already on site. The parking area will also be cleaned up as well. This is one of the tougher properties to develop because it has a tough uphill topography. Again no one from the public spoke for or against this 2nd portion of the application Findings of Board: Action taken by Board: On the motion of Commissioner Allen, which was seconded by Commissioner D’Estrada, the Public Hearing was closed. 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 Public Hearing F Petrone F Luiso F D’Estrada Ab Villanova F Allen  On the motion of Commissioner D’Estrada, which was seconded by Commissioner Luiso the Village Attorney was directed to prepare Favorable Findings of Fact for the Aptil 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 Public Hearing F Petrone F Luiso F D’Estrada Ab 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 March 21, 2019 at 7:00 p.m. with Commissioner Evelyn Petrone presiding Present in addition to Commissioner Petrone were Messrs.: Luiso, D’Estrada and Allen Also in attendance was Kevin Donohue Building Inspector Date of Hearing: March 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. Mr. Barry began by saying at the last meeting there was some confusion about the existing state of the building and its compliance and the Zoning Board suggested that he should meet with the Building Department to review the buildings current state. Mr. Barry said he did meet with Mr. Donahue last week and he did review with him the current status to which he went back and came up with a different plan. Mr. Barry distributed the new plan photos to members of the Board. In reviewing the new plans with the Board Mr. Barry showed the items that currently have permits and showed the new signs that are requested for the Ballet Studio. The large ballet sign at the bottom right window, which is illegal has been removed. The second floor ballet signs have been reduced to reduce signage overall. The coloring of the law office sign has been changed to blend in with the coloring of the building which may make the other part of the variance more palatable. The banners which had previously been a bright red have been changed to black with white lettering. This is more visible and easier to read. Building Inspector Kevin Donohue summarized the request as follow: The banners are deemed to be wall signs. One wall sign is permitted below the second story. Both of the requested signs go to the third story. The wording for the variance will state that one wall sign is permitted with a variance for a second wall sign and a variance for both wall signs to exceed the second story as shown on the plan. Any change in the condition as approved requires another appearance before the Zoning Board of Appeals Mr. Donohue also said that this variance is for these two wall signs in this configuration. If another business was to come in they could only use these two wall signs as shown on the plan. It was also suggested that a picture of the proposed signage be attached to the Findings of Fact Resolution. No one from the public spoke for or against this matter. Findings of Board: Action taken by Board: On the motion of Commissioner D’Estrada, which was seconded by Commissioner Luiso, the Public Hearing Was Closed 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 Public Hearing F Petrone F Luiso F D’Estrada Ab Villanova F Allen On the motion of Commissioner Allen, which was seconded by Commissioner D’Estrada, the Village Attorney was directed to prepare Findings of Fact for the April 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 Prepare Findings F Petrone F Luiso F D’Estrada Ab 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 March 21, 2019 at 7:00 p.m. with Commissioner Evelyn Petrone presiding Present in addition to Commissioner Petrone were Messrs.: Luiso, D’Estrada and Allen Also in attendance was Kevin Donohue Building Inspector Date of Hearing: March 21, 2019 No. of Case: 2019-0185 Applicant: Kimberly Martelli (applicant) William Luceno (owner) 42 N. Main Street 13 Knollwood Drive Port Chester, NY 10573 Rye Brook, NY 10573 Nature of Request: on the premises No. 470 West William Street, located in the R2F Two Family Residential Zone District, being Section 141.36, Block No 1, Lot No. 41 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: construct a one story addition in the rear of the dwelling 470 West William Street is a two family dwelling located in the R2F District. The Village of Port Chester Zoning Law, Section 345-42 R2F, Two-Family Residence District, Schedule 1B, requires a minimum side yard dimension of 8 feet and the minimum usable open space 800 square feet per dwelling unit. A review of the six plan pages, reveals that the proposed side yard dimension to the one story addition is 3.2 feet and the proposed usable open space is 72 square feet per dwelling unit. 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: Before the applicant spoke the Board sought clarity on what the actual variances are. it was determined that the applicant is looking for two area variances; a side yard variance of 4.8 feet and a useable space variance of 76 square feet per dwelling unit Kimberly Martelli of KTM Architects represented this matter for the applicant. Ms. Martelli said this is a two family residence that is currently occupied. The ultimate goal is to achieve a ground floor dwelling unit with greater than one bedroom. Currently each of the dwelling units has one bedroom and one bathroom. The proposal is a one story structure located directly to the rear of the property. the existing minimum side yard setback is currently 3.2 and the proposal is to maintain that same setback for the length of the addition. On the opposite side the goal is to maintain the appropriate setback between the addition and the existing garage. (10 ft.) The garage is an existing legally non-conforming structure. (4.1 As opposed to the required 5ft.) the other variance is created by the depth of the addition. Alternate plans have been shared with other outside concerns however the plan before the Board tonight is the best the applicant can provide. The addition is very snug two bedroom (8x10 and 12x12) with a narrow corridor leading from each and giving enough room for egress and access to the driveway and garage. The rear door of the unit will enter into the kitchen area. All architectural skills were used to make this work efficiently. There is a mud room in the back of the house, along with a pantry going into the kitchen. The house is in concert with the other houses in the neighborhood. Regardless of which way the plans were laid out there would still be a need for two area variances. This single long one story building is the best plan for the addition. The property is strictly a rental property and the owner does not live in the house. No one from the public spoke for or against this matter. Findings of Board: Action taken by Board: On the motion of Commissioner Allen, which was seconded by Commissioner Luiso, the Public Hearing was closed. 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 Public Hearing F Petrone F Luiso F D’Estrada Ab Villanova F Allen On the motion of Commissioner Allen, which was seconded by Commissioner Luiso, the Village Attorney was directed to prepare Findings of Fact for the April 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 Prepare Findingss F Petrone F Luiso F D’Estrada Ab 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 March 21, 2019 at 7:00 p.m. with Commissioner Evelyn Petrone presiding Present in addition to Commissioner Petrone were Messrs.: Luiso, D’Estrada and Allen Also in attendance was Kevin Donohue Building Inspector. Date of Hearing: March 21, 2019 No. of Case: 2019-0186 Applicant: Tarry Lighthouse LL Anthony Gioffre III 175 & 179 North Main Street & Cuddy & Feder LLP 20 Abendroth Avenue 445 Hamilton Avenue, 14th Fl. Port Chester, NY 10573 White Plains, NY 10601 Nature of Request: on the premises No. 175 & 179 North Main Street and 20 Abendroth Avenue, being Section 142.23, Block 2, Lot Nos. 25, 27 & 28, 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 in accordance with Village Law Sections 7-725-a(3) and 7-725-b(3) which permit applications to be made to the Zoning Board of Appeals for Area Variances pursuant to Village Law Section 7-712-b without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations. The Applicant hereby requests under the discretionary power vested in you by Sections 345.30, 345-48 C2Main Street Business District, Schedule of Regulations for Non-residential Districts, Attachment 3B and 345-61(Q)(5) of the Zoning Ordinance of the Village of Port Chester for permission to: construct an eight-story mixed-use development The applicant for this matter requested an adjournment to the April 18th meeting. On the motion of Commissioner Allen, which was seconded by Commissioner Luiso, the matter was adjourned to April 18, 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 April 18, 2019 F Petrone F Luiso F D’Estrada Ab 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 March 21, 2019 at 7:00 p.m. with Commissioner Evelyn Petrone presiding Present in addition to Commissioner Petrone were Messrs.: Luiso, D’Estrada and Allen Also in attendance was Kevin Donohue Building Inspector Date of Hearing: March 21, 2019 Nature of Request: Adjourn meeting to April 18, 2019 On the motion of Commissioner Luiso, which was seconded by Commissioner Allen, the meeting was adjourned to April 18, 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 April 18, 2019 F Petrone F Luiso F D’Estrada Ab Villanova F Allen Signed___________________________ William Villanova Title_ Chairman__________________ ATTEST: