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 May 16, 2019 at 7:00 p.m. with Commissioner Evelyn Petrone presiding Present in addition to Commissioner Petrone were Messrs.: D’Estrada, Allen and Alzate Also in attendance was Village Attorney Anthony Cerreto and Kevin Donohue Building Inspector and Adam Pisarkiewicz Planner. Date of Hearing: May 16, 2019 EXECUTIVE SESSION: Enter Executive Session at 7:02pm the Zoning Board of Appeals entered into an Executive Session to consult with Village Attorney Anthony Cerreto regarding a case on the agenda. On the Motion of Commissioner D’Estrada, which was seconded by Commissioner Allen, the Board entered into an Executive Session to consult with their Attorney Enter Executive Session F Petrone F D’Estrada Ab Villanova F Allen F Alzate Exit Executive Session at 7:20pm the Zoning Board of Appeals exited the Executive Session and began the regularly scheduled meeting. On the motion of Commissioner Allen, which was seconded by Commissioner D’Estrada, the Board exited the Executive Session Exit Executive Session F Petrone F D’Estrada Ab Villanova F Allen F Alzate 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 May 16, 2019 at 7:00 p.m. with Commissioner Evelyn Petrone presiding Present in addition to Commissioner Petrone were Messrs.: D’Estrada, Allen and Alzate Also in attendance was Village Attorney Anthony Cerreto and Kevin Donohue Building Inspector and Adam Pisarkiewicz Planner. Date of Hearing: May 16, 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. None 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 this matter for the applicant. Mr. Gioffre requested an adjournment of this matter to the June meeting because the applicant may be making some modifications to the plan. Findings of Board: Action taken by Board: On the motion of Commissioner D’Estrada, which was seconded by Commissioner Allen, the matter was adjourned to the June 20, 2019 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 June Meeting. F Petrone F D’Estrada Ab Villanova F Allen Alzate 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 May 16, 2019 at 7:00 p.m. with Commissioner Evelyn Petrone presiding Present in addition to Commissioner Petrone were Messrs.: D’Estrada, Allen and Alzate Also in attendance was Village Attorney Anthony Cerreto and Kevin Donohue Building Inspector and Adam Pisarkiewicz Planner. Date of Hearing: May 16, 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 represented the matter for the applicant. Findings of Board: Chairman 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 Alzate 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 May 16, 2019 at 7:00 p.m. with Commissioner Evelyn Petrone presiding Present in addition to Commissioner Petrone were Messrs.: D’Estrada, Allen and Alzate Also in attendance was Village Attorney Anthony Cerreto and Kevin Donohue Building Inspector and Adam Pisarkiewicz Planner. Date of Hearing: May 16, 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. None 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 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 Alzate 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 May 16, 2019 at 7:00 p.m. with Commissioner Evelyn Petrone presiding Present in addition to Commissioner Petrone were Messrs.: D’Estrada, Allen and Alzate Also in attendance was Village Attorney Anthony Cerreto and Kevin Donohue Building Inspector and Adam Pisarkiewicz Planner. Date of Hearing: May 16, 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: Aldo Vitagliano Esq. who was substituting for Mario DeMarco Esq. represented this matter along with Oscar Ovalle - Architect. Mr. Vitagliano began by saying it is his understanding that towards the end of the last meeting that the matter be referred back to the Planning Commission with regards to the notion of Valet Parking. Mr. Vitagliano questioned as to whether a recommendation had been given to the Board. Commissioner Petrone said that the Zoning Board received a Planning Commission Staff Report on the matter. Planner Adam Pisarkiewicz said the memo explains that the Valet parking should not be considered at this time because it is a separate and distinct process with its own approval process. This application seeks a variance from the required number of parking spaces and is requesting a variance of 17 parking spaces. Commissioner Petrone clarified the application by saying the matter before the Board is a 17 space parking variance to which the applicant agreed Mr. Vitagliano said that there was a survey done of parking availability in the area. M Pisarkiewicz said the applicant was referring to a memo from their engineer S. Schwartz Engineering of the available on street parking in the area. Since it was submitted, the Village’s traffic engineer also performed a study and wrote a memo. However the regulations state off street parking and they were evaluating available on street parking. Mr. Vitagliano said a variance was granted for a building on South Main Street that had no parking. It was also noted that there is available parking within the area. Mr. Vitagliano said that there had been some discussion about having signage to indicate when the lot is full and they are willing to have that as a condition of granting the variance. When asked what other businesses are on the street the applicant Luis Lopez testified that there are no other businesses on the street because it is a dead end street. Mr. Lopez said he has only owned the location for two years and remembers it when it was a nightclub and did not notice a parking problem and this is before Metro North parking was available. Mr. Perez said that he and his family are trying to do this restaurant for a long time and trying to be lawful in their endeavor. There is a mixed use property on the corner and a auto lube shop. The property is currently vacant and the only restaurant in a predominantly industrial area. The businesses in this particular area are for daytime use. No one from the public spoke for or against 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 D’Estrada Ab Villanova F Allen F Alzate On the motion of Commissioner D’Estrada, which was seconded by Commissioner Alzate, the Village Attorney was directed to prepare Findings of Fact for the June 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 D’Estrada Ab Villanova F Allen F Alzate 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 May 16, 2019 at 7:00 p.m. with Commissioner Evelyn Petrone presiding Present in addition to Commissioner Petrone were Messrs.: D’Estrada, Allen and Alzate Also in attendance was Village Attorney Anthony Cerreto and Kevin Donohue Building Inspector and Adam Pisarkiewicz Planner. Date of Hearing: May 16, 2019 Case No. 2019-0190 Applicant: Vincent & Megan Chumenti 166 Betsy Brown Road Port Chester, New York 10573 Nature of Request: On the premises No. 166 Betsy Brown Road, being Section 135.44, Block 2, Lot No. 30, 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 rear addition 166 Betsy Brown Road is located in the R7 District which requires a minimum of a 30 foot rear yard dimension. A review of the construction drawings and survey revealed that the existing rear deck was issued a Certificate of Occupancy with a rear yard dimension of 26.2 feet as authorized Zoning Board of Appeals Case # 2012-0050 and is hereby deemed to be a legal non- conforming building. The construction of a 14 x 15 addition on top of the rear deck will increase the degree of non-conforming rear yard dimensions in violation with the Code of the Village of Port Chester (Zoning Law) section 345-13 D. (1) Zoning Law Section 345-13 D. (1). States “A nonconforming building or structure that is not devoted to a nonconforming use may be reconstructed or altered, enlarged or extended, and the provisions of Subsection C, above, shall not apply, except that the degree of nonconformity shall not be increased.” 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 represented this matter for the applicant. Mr. Boender said that the addition is being built in the same footprint as the existing deck. A variance for the original deck was received in 2012. There is a rear yard setback requirement of thirty feet, the deck allowed for twenty six point two feet and received a variance for three point eight feet. The new addition will not increase the setback. The applicant will be building straight up on the existing footprint. Mr. Boender said that the neighbors are all aware of the endeavor and no negative feedback has been expressed or received. The property backs up to Glen Avenue and the house directly behind the applicants is not affected by the proposed addition. The new addition is fourteen feet over the existing deck. However, it is less high than the main house. Any noise will now be contained within the main house. Building Inspector Kevin Donohue said that the ZBA previously granted a 3.8 variance for the original open air deck. This application which includes a roof, changes the original variance. It is increasing the non-conformity that was agreed to in the original application and that is why it is being brought back before the Board. The case tonight is for setback relief for a one story addition instead and not a deck. The addition will be a family room that will connect directly to the kitchen 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 __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 D’Estrada Ab Villanova F Allen F Alzate 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 June 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 D’Estrada Ab Villanova F Allen F Alzate 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 May 16, 2019 at 7:00 p.m. with Commissioner Evelyn Petrone presiding Present in addition to Commissioner Petrone were Messrs.: D’Estrada, Allen and Alzate Also in attendance was Village Attorney Anthony Cerreto and Kevin Donohue Building Inspector and Adam Pisarkiewicz Planner. Date of Hearing: May 16, 2019 Case No. 2019-0191 Applicant: Melissa Wilhelm 57 Haines Boulevard Port Chester, New York 10573 Nature of Request: On the premises No. 57 Haines Boulevard, being Section 135.52, Block 2, Lot No. 6, 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 an addition to the second story 57 Haines Blvd is located in the R7 District which requires a minimum 10 foot side yard dimension and a 30 foot rear yard dimension. A review of the construction drawings and site plan revealed that the existing side yard dimension of 5.5 feet and an existing rear yard dimension of 24 feet to the second story and is hereby deemed to be a legal non-conforming building. The addition to the second story will increase the degree of the existing non-conforming side and rear yard dimensions in violation with the Code of the Village of Port Chester (Zoning Law) section 345-13 D. (1) Zoning Law Section 345-13 D. (1). States “A nonconforming building or structure that is not devoted to a nonconforming use may be reconstructed or altered, enlarged or extended, and the provisions of Subsection C, above, shall not apply, except that the degree of nonconformity shall not be increased.” 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: The applicant Melissa Wilhelm represented this matter. Ms. Wilhelm began by saying she is currently living in a two bedroom single family home which is pretty small. She said her two children are getting very big and are currently sharing the master bedroom. The upstairs is like a cape and there is an attic which is not safe and not livable. If she could make that into a livable space her child could have her own room. There is also one bathroom in the house and can be a challenge at times. Ms. Wilhelm said that her mother occasionally comes over when she’s not feeling well and helps out because she is a single mom. The addition will be a dormer with two bedrooms and an additional bathroom. This addition would be expanding the non conformity which is already existing. Building Inspector Kevin Donohue told the Board that there is a peaked roof and one of those roofs will be raised up as a dormer. The rear setback already has an encroachment and buy raising the dormer it does not affect the rear setback. It encroaches into the side setback and increases the peak when looking at the side. The intensity in the side yard is increasing (the Board did not have a large copy of the blueprints so Mr. Donohue approached the board and shared his copy with the Board – discussion was not audible) Mr. Donohue said while it does not increase the side setback it does increase the mass on the side of the building. No one from the public spoke for or against 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 D’Estrada Ab Villanova F Allen F Alzate 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 June 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 D’Estrada Ab Villanova F Allen F Alzate 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 May 16, 2019 at 7:00 p.m. with Commissioner Evelyn Petrone presiding Present in addition to Commissioner Petrone were Messrs.: D’Estrada, Allen and Alzate Also in attendance was Village Attorney Anthony Cerreto and Kevin Donohue Building Inspector and Adam Pisarkiewicz Planner. Date of Hearing: May 16, 2019 Nature of Request: Adjourn meeting to June 20, 2019 On the motion of Commissioner Allen, which was seconded by Commissioner Alzate, the meeting was adjourned to June 20, 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 June 20, 2019 F Petrone F D’Estrada Ab Villanova F Allen F Alzate BV Signed___________________________ William Villanova Title_ Chairman__________________ ATTEST: