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 April 18, 2019 at 7:00 p.m. with Commissioner Evelyn Petrone presiding Present in addition to Commissioner Petrone were Messrs.: D’Estrada and Allen Also in attendance was Village Attorney Anthony Cerreto and Kevin Donohue Building Inspector. Date of Hearing: April 18, 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 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 Allen, which was seconded by Commissioner D’Estrada the Board denied the application. Record of Vote: For Against 3___ Absent ___1_____ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Deny Application A Petrone A D’Estrada Ab 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 April 18, 2019 at 7:00 p.m. with Commissioner Evelyn Petrone presiding Present in addition to Commissioner Petrone were Messrs.: D’Estrada and Allen Also in attendance was Village Attorney Anthony Cerreto and Kevin Donohue Building Inspector. Date of Hearing: April 18, 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. represented this matter for the applicant Findings of Board: Commissioner Petrone summarized the Findings of Fact as prepared by the Village Attorney Anthony Cerreto. Action taken by Board: On the motion of Commissioner D’Estrada, which was seconded by Commissioner Allen, the Findings of Fact as prepared by the Village Attorney were approved. Record of Vote: For ___3 Against __________ Absent __1_____ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Approve Findingsg F Petrone 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 April 18, 2019 at 7:00 p.m. with Commissioner Evelyn Petrone presiding Present in addition to Commissioner Petrone were Messrs.: D’Estrada and Allen Also in attendance was Village Attorney Anthony Cerreto and Kevin Donohue Building Inspector. Date of Hearing: April 18, 2019 No. of Case: 2019-0184 Applicant: Marty Barry /Applicant David West/Property Owner Ballet des 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 was not present for the reading of the Findings but did arrive shortly thereafter). Findings of Board: Commissioner Petrone summarized the Findings of Fact as prepared by the Village Attorney Anthony Cerreto. Action taken by Board:  On the motion of Commissioner Allen, which was seconded by Commissioner D’Estrada, the Findings of Fact as prepared by the Village Attorney were approved. Record of Vote: For 3 __Against __________ Absent ____1__ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Approve Findings F Petrone 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 April 18, 2019 at 7:00 p.m. with Commissioner Evelyn Petrone presiding Present in addition to Commissioner Petrone were Messrs.: D’Estrada and Allen Also in attendance was Village Attorney Anthony Cerreto and Kevin Donohue Building Inspector. Date of Hearing: April 18, 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: Kimberly Martelli of KTM Architects represented this matter for the applicant. Findings of Board: Commissioner Petrone summarized the Findings of Fact as prepared by the Village Action taken by Board: On the motion of Commissioner Allen, which was seconded by Commissioner D’Estrada, the Findings of Fact as prepared by the Village Attorney were approved. Record of Vote: For ___3__Against __________ Absent ____1__ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Approve Findings F Petrone 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 April 18, 2019 at 7:00 p.m. with Commissioner Evelyn Petrone presiding Present in addition to Commissioner Petrone were Messrs.: D’Estrada and Allen Also in attendance was Village Attorney Anthony Cerreto and Kevin Donohue Building Inspector. Date of Hearing: April 18, 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 1. Names and addresses of those appearing in favor of the application. 2. Names and addresses of those appearing in opposition to application. Summary of statement or evidence presented: Anthony Gioffre III Esq. of Cuddy & Feder represented this matter for the applicant. Mr. Gioffre requested an adjournment of this matter to the May meeting because they received an overwhelming amount of feedback from Village Staff pertaining to this application and they have not had time to review it thoroughly Findings of Board: Action taken by Board: On the motion of Commissioner Allen, which was seconded by Commissioner D’Estrada, the matter was adjourned to the May meeting. Record of Vote: For _3__Against __________ Absent ___1______ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Adjourn to May Meeting. F Petrone 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 April 18, 2019 at 7:00 p.m. with Commissioner Evelyn Petrone presiding Present in addition to Commissioner Petrone were Messrs.: D’Estrada and Allen Also in attendance was Village Attorney Anthony Cerreto and Kevin Donohue Building Inspector. Date of Hearing: April 18, 2019 Case No. 2019-0187 Applicant: Linda Pastore 54 Perry Avenue Port Chester, NY 10573 Nature of Request: on the premises No. 54 Perry Avenue, being Section 135.84, Block 3, Lot No. 26, on the Assessment Map of the said Village, being a variance from the applicable Zoning Ordinance or Ordinances in the following respects: Application is hereby made under the discretionary power vested in you by Section 345-29A, 345-13 or in the alternative 345.30 of the Zoning Ordinance of the Village of Port Chester for permission to: construct a deck in the rear of the dwelling PLEASE TAKE NOTICE that 54 Perry Avenue is located in the R5 District. The Village of Port Chester Zoning Law, Section 345-41 R5, One-Family Residence District, Schedule 1B, requires a minimum side yard dimension of 8 feet. A review of the one page plan A-1, reveals that the proposed side yard dimension to the deck is 5.93 feet. PLEASE BE ADVISED that your Building Permit Application to constructed a 19’8” x 13’9” deck in the rear of the dwelling is hereby DENIED for non-compliance with Zoning Section 345-41, R5 District, Schedule 1B, which requires a 8 foot side yard dimension and where the plans shows the 19’8” x 13’9” deck to have a 5.93 feet side yard dimension. 1. Names and addresses of those appearing in favor of the application. None 2. Names and addresses of those appearing in opposition to application. None Summary of statement or evidence presented: Michiel Boender of Edgewater Architects represented this matter for the applicant. The applicant was also present and was sworn in. Mr. Boender began by saying this is actually a legalization of an existing deck the footprint of the deck is 5.93 feet off the side yard further than the existing residence is off the side yard. (The residence is 5.6 feet.) The deck is structurally sound and has been inspected. The labor taking place now has no impact on the deck. The deck has been in place for about 35 years. This application is part of an effort to get a Certificate of Occupancy for the house. No changes are planned for the deck unless required by the Zoning Board. The applicant is requesting a 2.7 ft. variance. This is a single family house and the applicant resides in the house. Mr. Boender also provided photographs of the deck for the Board to review. No one from the public spoke for or against this 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 __3_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 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 next meeting Record of Vote: For __3_Against __________ Absent __1_______ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Prepare Findings. F Petrone 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 April 18, 2019 at 7:00 p.m. with Commissioner Evelyn Petrone presiding Present in addition to Commissioner Petrone were Messrs.: D’Estrada and Allen Also in attendance was Village Attorney Anthony Cerreto and Kevin Donohue Building Inspector. Date of Hearing: April 18, 2019 No. of Case: 2019-0188 Applicant: Luis Lopez 560 Westchester Avenue Rye Brook, NY 10573 Nature of Request: on the premises No. 7 Willow Street, located in the C4 Building Zone District, being Section 142.38, Block No 2, Lot No. 47 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: convert a former cabaret establishment into a restaurant with parking Per Village Code §345.14 (c) (2) Schedule of off street parking requirements, 1 per 4 permanent seats or 100 square feet of floor area devoted to patron use, whichever is greater. Required: 30 spaces; provided: 13 spaces; requested variance: 17 spaces, 1. Names and addresses of those appearing in favor of the application. None 2. Names and addresses of those appearing in opposition to application. None Summary of statement or evidence presented: Mario DeMarco Esq. and Oscar Ovalle Architect represented this matter for the applicant. Mr. DeMarco began by saying this application seeks a variance from the required number of parking spaces. He said the code requires 30 spaces and the applicant has 13 in the lot that he owns across the street, and is requesting a variance of 17 parking spaces. Mr. DeMarco said he actually walked the block on the Southside of Grace Church Street approximately one block away, on the backside, he counted approximately17 on street parking spaces. On Boston Post Road and the intersection of Willow Street, there are 13available on street parking spots. In addition on Willow Street there were 7 on street parking spots. Commissioner Petrone clarified the application by saying the matter before the Board is a 17 space parking variance to which the applicant agreed. The applicant bought a lot directly across the street to accommodate parking and a question was raised as to whether or not a lot that is not contiguous to a property can be counted as available parking. Also if granted the applicant could not decide to use the lot for any other use other than parking. Commissioner Allen also noted that in a parking study from AKRF they said the lot could sustain an additional5 spaces if valet parked. He also questioned if there was a plan to incorporate valet parking. Mr. Demarco said if they stack cars in the center the space will open up and they will have valet parking if the need arises. Another question was if the variance I granted would valet parking be a condition of the approval. Valet parking would give an additional 5spaces thus reducing the requested variance to twelve. Village Attorney Anthony Cerreto said it is difficult to make a determination because the Building Inspector has not yet completed a Zoning Compliance because the matter was referred from Planning and he has yet to review it. Building Inspector Kevin Donohue referred the Board to Section 345.25H with regard to this matter. Mr. Donohue said what is missing with this application is a recommendation from the Planning Commission. Mr. Donohue also said that there is also no definition or requirement that parking be located contiguously with the establishment. It was suggested that the matter be referred back to the Planning Commission to see how the valet law affects this application. No one from the public spoke for or against this application Findings of Board: Action taken by Board: On the motion of Commissioner Allen which was seconded by Commissioner D’Estrada, the matter was referred back to the Planning Commission and adjourned to the May 16, 2019 Zoning Board meeting Record of Vote: For _3_Against __________ Absent ___1______ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Refer to Planning and Adjourn. F Petrone 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 April 18, 2019 at 7:00 p.m. with Commissioner Evelyn Petrone presiding Present in addition to Commissioner Petrone were Messrs.: D’Estrada and Allen Also in attendance was Village Attorney Anthony Cerreto and Kevin Donohue Building Inspector. Date of Hearing: April 18, 2019 No. of Case: 2019-0189 Applicant: 108 Gateway Development LLC Anthony Gioffre III Esq. DeLaurentis Management Corp Cuddy & Feder LLP 384 Mamaroneck Avenue 445 Hamilton Avenue White Plains, NY 10605 White Plains, NY 10601 Nature of Request: Regarding the premises identified as 108 South Main Street (Section 142.38, Block 1, Lot 35) & 112 East William Street (Section 142.38, Block 1, Lot 37) & approximately 307 sq.ft. of 194 ½ South Main Street (Section 142.38, Block 1, Lot 28) (together the “Premises”) for area variances from the applicable Zoning Ordinance or Ordinances. The Applicant respectfully requests under the discretionary power vested in the Zoning Board of Appeals by Village Code Section 345-30 that the Zoning Board of Appeals grant area variances from Zoning Code Chapter 345, Attachment 3B, Schedule of Regulations for Non-Residence Districts, as follows: (i) lot area per dwelling unit variance in the amount of 562 sq.ft.; (ii) floor area ratio (“FAR”) variance in the amount of 1.05 FAR; (iii) height variances in the amount of 4- stories/28’-9”; and (iv) rear yard variance in the amount of 20 ft. The requested area variances are for permission to construct a mixed-use development at the Premises. 1. Names and addresses of those appearing in favor of the application. 2. Names and addresses of those appearing in opposition to application. None Summary of statement or evidence presented: Anthony Gioffre III Esq. of Cuddy & Feder represented the matter for the applicant 108 Gateway Development LLC. In addition to Mr. Gioffre the matter was also represented by Phil Fructure-Architect, Brian Dempsey-Traffic Engineer Engineer and Ed D Laurentis--applicant. Mr Gioffre began by saying the premises consists of two lots; 108 South Main Street which is currently a vacant lot at the corner of Post Road, South Main Street and East William Street as well as the adjacent parcel located at 112 East William Street which is currently a two story residence one story concrete garage which will be demolished with the project. On the zoning map the area is delineated at the MUR District but it is really a C2 District. A petition has been submitted to the Board of Trustees in order to remap this property (a petition to amend the zoning map) As an output of the litigation back in 2003 for the Waterfront Development, there were actions that were taken by the BOT to remap this parcel as well as the Gateway Building across the Street. Only the Gateway Building was changed on the Zoning Map, so the applicant has a petition to correct the Scribner’s error/oversight. The applicant has appeared before the BOT and is hoping they will act on the matter next month. The application is being presented as though it was in the C2 District. The total lot area of the premises is about a half-acre (21,639 square feet). The proposal consists of a mixed use development consisting of a nine story structure which will acommodate115 dwelling units and amenity spaces, 3,000 square feet of street level retail space, 2500 square feet of third story co-working office space that will be available to the residents as well as all of the public. 103 structured parking spaces on sight although no parking is required in the C2 District. One off street loading space will be provided (interior). Architect Phil Fructure walked the Board through the site plan that was previously submitted to the board. It was noted that the Church located to the south of the building will remain. The building will also have a green roof to help mitigate storm water absorption. The parking levels will be independently accessed from outside, there will be no interior ramps. Brian Dempsey Traffic Engineer said that meetings were held with Planning Staff along with AKRF (Village Traffic Consultant and made a few changes to the plan with which all are in agreement. A very lengthy discussion was also held regarding the flow of traffic on William Street. Public: Jeanette Sosana – Port Chester Resident – comments regarding height of development at this location and around the Village 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 _3__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 D’Estrada Ab Villanova F Allen On the motion of Commissioner Allen, which was seconded by Commissioner D’Estrada the Board agreed the BOT would be Lead Agency. Record of Vote: For _3__Against __________ Absent ___1______ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent BOT Lead Agency F Petrone 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 next meeting. Record of Vote: For _3__Against __________ Absent ___1______ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Prepare Findings F Petrone 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 April 18, 2019 at 7:00 p.m. with Commissioner Evelyn Petrone presiding Present in addition to Commissioner Petrone were Messrs.: D’Estrada and Allen Also in attendance was Village Attorney Anthony Cerreto and Kevin Donohue Building Inspector. Date of Hearing: April 18, 2019 Nature of Request: Adjourn meeting to May 16, 2019 On the motion of Commissioner D’Estradas, which was seconded by Commissioner Allen, the meeting was adjourned to May 16, 2019 Record of Vote: For 3 Against ______ Absent __1___ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Adjourn to May 16, 2019 F Petrone F D’Estrada Ab Villanova F Allen Signed___________________________ William Villanova Title_ Chairman__________________ ATTEST: