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 June 20, 2019 at 7:00 p.m. with Chairman William Villanova presiding Present in addition to Chairman Villanova were Messrs.: Petrone, D’Estrada, Allen, Alzate and Morlino (alternate) Also in attendance was Village Attorney Anthony Cerreto. Date of Hearing: June 20, 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: 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 Petrone, which was seconded by Commissioner Allen, the Findings of Fact as prepared by the Village Attorney were approved. Record of Vote: For 5_Against __________ Absent ___0______ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Approve Findings F Petrone F D’Estrada F Villanova F Allen F Alzate Signed___________________________ William Villanova Title_ Chairman__________________  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 June 20, 2019 at 7:00 p.m. with Chairman William Villanova presiding Present in addition to Chairman Villanova were Messrs.: Petrone, D’Estrada, Allen, Alzate and Morlino (alternate) Also in attendance was Village Attorney Anthony Cerreto. Date of Hearing: June 20, 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: Findings of Board: Commissioner Petrone summarized the favorable Findings of Fact as prepared by the Village Attorney Anthony Cerreto Action taken by Board: On the motion of Commissioner Petrone, which was seconded by Commissioner D’Estrada, the Findings of Fact as prepared by the Village Attorney were approved. Record of Vote: For __5_Against __________ Absent __0______ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Approve Findings F Petrone F D’Estrada F 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 June 20, 2019 at 7:00 p.m. with Chairman William Villanova presiding Present in addition to Chairman Villanova were Messrs.: Petrone, D’Estrada, Allen, Alzate and Morlino (alternate) Also in attendance was Village Attorney Anthony Cerreto. Date of Hearing: June 20, 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: 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 Petrone, which was seconded by Commissioner D’Estrada, 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 D’Estrada F 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 June 20, 2019 at 7:00 p.m. with Chairman William Villanova presiding Present in addition to Chairman Villanova were Messrs.: Petrone, D’Estrada, Allen, Alzate and Morlino (alternate) Also in attendance was Village Attorney Anthony Cerreto. Date of Hearing: June 20, 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 July meeting because the applicant continues to make modifications to the plan. Findings of Board: Action taken by Board: On the motion of Commissioner Petrone, which was seconded by Commissioner D’Estrada, the matter was adjourned to the July 18, 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 July Meeting. F Petrone F D’Estrada F 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 June 20, 2019 at 7:00 p.m. with Chairman William Villanova presiding Present in addition to Chairman Villanova were Messrs.: Petrone, D’Estrada, Allen, Alzate and Morlino (alternate) Also in attendance was Village Attorney Anthony Cerreto. Date of Hearing: June 20, 2019 Case No.: 2019-0192 Applicant: George & Perri Caso 27 Halstead Ave Port Chester NY 10573 Nature of request on the premises No. 27 Halstead Avenue, being Section 136.47, Block No. 1 Lot No. 2 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 obtain construct a 10’ x16’9” second story side addition PLEASE TAKE NOTICE that 27 Halstead Avenue is located in the R7 District which requires a minimum of a 10 foot side yard dimension. A review of the construction drawings revealed that the existing building has a one story enclosed room with a side yard dimension of 4.8 feet and is hereby deemed to be a legal non-conforming building. The construction of a 10’ x 16’9” second story side addition on top of the existing one story enclosed room will increase the degree of the non-conforming side 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 non-conforming 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. 2. Names and addresses of those appearing in opposition to application. Summary of statement or evidence presented: Peri Caso and her husband George represented their case. Ms. Caso said they have been in the home a little over three years and they have a three year old daughter and feel that they are outgrowing their house. She said that her in-laws and her mother stay with the family quite often and they feel at capacity. The applicant wants to add another bathroom and enlarge the closet on a pre-existing sunroom right off the Master Bedroom. The applicant is not expanding the footprint of the house but plans to build right on top of the sunroom. Ms. Caso said they are staying in line with the style of the house with matching windows, etc. The roof line will be lower but have the same look as the rest of the house. The applicant currently has three bedrooms and 1 bathroom and is looking to create a master bath and a large closet. There is a powder room on the first floor and the bathroom on the second floor is very small for three people’s use. The sunroom also appears to be original and not an add on to the house Public: - Jim Brill next door neighbor – no objections – just interested in seeing the plans 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 Hearing F Petrone F D’Estrada F Villanova F Allen F Alzate 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 July 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 D’Estrada F 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 June 20, 2019 at 7:00 p.m. with Chairman William Villanova presiding Present in addition to Chairman Villanova were Messrs.: Petrone, D’Estrada, Allen, Alzate and Morlino (alternate) Also in attendance was Village Attorney Anthony Cerreto. Date of Hearing: June 20, 2019 Case No,: 2019-0193 Applicant: Daniel & Hazel Williams Anthony B. Gioffre III, Esq. 31-33 Poningo Street Cuddy & Feder LLP Port Chester, NY 10573 445 Hamilton Avenue White Plains, NY 10601 Nature of request: on the premises identified as 31-33 Poningo Street (Section 142.22, Block No. 2 Lot No. 18) for a determination under the discretionary power vested in the Zoning Board of Appeals by Village Code Sections 345-13 and 345-29A. The Applicants respectfully request a determination of the Zoning Board of Appeals overturning the Village Building Inspector’s denial of the Applicants’ building permit application based on a determination that the existing 6-family dwelling use is not permitted. The requested determination is in furtherance of the Applicants’ building permit application for minor renovations and fire- protection improvements to the existing legal nonconforming 6-family dwelling 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 this mater for the applicant. Mr. Gioffre began by saying Mr. and Mrs. Williams (who were present in the audience) have been owners of the property since 1981. They recently tried to make some minor modifications and fire improvements and submitted a building permit application to the Building Department which was denied. The premises consists of a legal non-conforming three story six family use. The residence was constructed around 1880 and situated between Bulkley and Irving Avenues. At the time the improvements the area was classified as RA3 and has been classified that way since 1982. With the recent zoning and modifications done by the Village in 2013 the zone was changed and classified as R2F. So in the mid 80’s when certain improvements were made, the premises was a legal multi family home in 2013 the zone was changed to R2F. When the Building Inspector reviewed the Building permit and he denied the application which is why the matter is before the Board this evening. 1956 the initial survey identified the property as a 3 family building. There is additional documentation to substantiate that the building was in fact a six family residence. In 345-13 is the non-conforming use section of the code which permits non-conforming codes to continue when there is a change in zoning. The village’s own documents confirm the 6 family use at the premises was legally established. Included in the submission to the board are exhibits of plumbing and drainage permits and fixtures for 6 units. A use verification letter also confirms that the existing multifamily use can continue. The applicants later applied for a low interest loan in 1985/86 from Westchester County as part of the MFPIP. The loan was sought to improve a multifamily 6 unit dwelling for up to $25,000 per dwelling unit. The applicants received a loan n the amount of $147,150 which affirms the 6 units because no more and up to $25,000 could be given per unit. Mr. Gioffre continued to walk the Board through all of the documents submitted referring to each exhibit as shown below. In addition to the Certificate of Occupancy/Property Zoning and Use Verification Letterdated October 21, 1986 confirming the 6-family use, attached as Exhibit E is theCertificate of Occupancy/Property Zoning and Use Verification Letter dated August 14,1985 issued by the Village Building Department affirming that the "existing multi- family use can continue." This Certificate of Occupancy/Property Zoning and Use VerificationLetter dated August 14, 1985 was issued approximately two years after the same Village Building Inspector issued a Plumbing and Drainage Permit for work related to three fixtures at 31 Poningo. This corresponds with the existing layout of the Premises shown at Exhibit L whereby the six dwelling units are split evenly between 31 and 33 Poningo, both of which make up the Premises. The Village's 1982 Zoning Code and Zoning Map included in Exhibit R show that at this time, the Village permitted multi-family dwellings, which were defined as buildings with three or more dwelling units, in the RA3 District. Since the Premises was classified in the RA3 District from at least 1982 until 2013, the Certificates of Occupancy/Property Zoning and Use Verification Letters and the Plumbing and Drainage Permits included in Exhibit D and Exhibit E explicitly and unambiguously prove that the Village had approved and confirmed the 6-family use at a time when such use was permitted at the Premises. Thus, the Building Inspector's determination that the Premises is only a 3-family use based on records from 1956 is wholly inconsistent with the Building Department files and must be overturned. The original mortgage agreement between the County and the Applicants from 1986 attached as Exhibit I clearly states that "31-33 Poningo street is a 3-story wood frame structure with 6 apartments." The plans prepared for the minor construction for fire-protection purposes attached as Exhibit L and submitted to the Building Inspector in furtherance of the Building Permit Application show that the Premises is currently a 6-family use, not a 3-family use. There was also a letter which was Exhibit Q from former building inspector Peter Miley to Mr. Mark Kiminsky (who was also sitting in the audience) addressing the fact that the sera was rezoned from RA3 to R2F and confirmed the 6 family use could continue Findings of Board: Action taken by Board: On the motion of On the motion of Commissioner Allen, which was seconded by Commissioner D’Estrada, the matter was adjourned to the July 18, 2019 meeting Record of Vote: For __5_Against _____0_____ Absent _________ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Adjourn to July Meeting. F Petrone F D’Estrada F 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 June 20, 2019 at 7:00 p.m. with Chairman William Villanova presiding Present in addition to Chairman Villanova were Messrs.: Petrone, D’Estrada, Allen, Alzate and Morlino (alternate) Also in attendance was Village Attorney Anthony Cerreto. Date of Hearing: June 20, 2019 Nature of Request: Adjourn meeting to July 18, 2019 On the motion of Commissioner Petrone, which was seconded by Commissioner Allen, the meeting was adjourned to June 20, 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 July 18, 2019 F Petrone F D’Estrada F Villanova F Allen F Alzate Signed___________________________ William Villanova Title_ Chairman__________________ ATTEST: