Zoning Board of Appeals

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 August 15, 2019 at 7:00 p.m. with Commissioner Petrone Presiding. Present in addition Ms. Petrone were Messrs.: Allen, Alzate and Morlino (alternate). Also in attendance was Village Attorney Anthony Cerreto, and Building Inspector Kevin Donohue. Date of Hearing: August 15, 2019 Executive Session On the motion of Commissioner Allen, which was seconded by Commissioner Morlino, the Board entered into an Executive Session to consult with the Village Attorney regarding a case on the agenda. (7:03 pm) Record of Vote: For 4____Against __________ Absent ___2______ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Enter Executive Session F Petrone Ab D’Estrada Ab Villanova F Allen F Alzate F Morlino On the motion of Commissioner Petrone, which was seconded by Commissioner Allen, the Board exited the Executive Session and proceeded with the regularly scheduled agenda. Record of Vote: For 4____Against __________ Absent ___2______ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Exit Executive Session F Petrone Ab D’Estrada Ab Villanova F Allen F Alzate F Morlino Signed___________________________ William Villanova Title_ Chairman__________________ ATTEST:  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 August 15, 2019 at 7:00 p.m. with Commissioner Petrone Presiding. Present in addition Ms. Petrone were Messrs.: Allen, Alzate and Morlino (alternate). Also in attendance was Village Attorney Anthony Cerreto, and Building Inspector Kevin Donohue. Date of Hearing: August 15, 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: Commissioner Petrone summarized the Findings of Fact as prepared by the village Attorney Anthony Cerreto. Findings of Board: Action taken by Board: On the motion of Commissioner Petrone, which was seconded by Commissioner Alzate, the Findings of Fact as prepared by the Village Attorney were approved Record of Vote: For __4_Against _____0_____ Absent __2_______ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Approve Findings F Petrone Ab D’Estrada Ab Villanova F Allen F Alzate F Morlino Signed___________________________ William Villanova Title_ Chairman__________________ ATTEST:  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 August 15, 2019 at 7:00 p.m. with Commissioner Petrone Presiding. Present in addition Ms. Petrone were Messrs.: Allen, Alzate and Morlino (alternate). Also in attendance was Village Attorney Anthony Cerreto, and Building Inspector Kevin Donohue. Date of Hearing: August 15, 2019 No. of Case: 2019-0194 Applicant: Benjamin & Jennifer Bernstein Steven Secon Architects 7 Rye Road 145 Palisade Street Port Chester, NY 10573 Dobbs Ferry, NY 10522 Nature of Request: on the premises No. 7 Rye Road, located in the R7 Building Zone District, being Section 142.70, Block No 1, Lot No. 11 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 12’ x 52’ deck on the rear of the dwelling 7 Rye Road is located in the R7 District. The Village of Port Chester Zoning Law, Section 345-40 R7, One-Family Residence District, Schedule 1B, requires a minimum rear yard dimension of 30 feet. A review of the one page plan A-0, reveals that the proposed rear yard dimension to the deck is 26.25 feet. The Building Permit Application to construct a12’ x 52’ deck on the rear of the dwelling is hereby DENIED for non-compliance with Zoning Section 345-40, R7 District, Schedule 1B, which requires a minimum 30 foot rear yard dimension and where the plans proposes the deck to have a 26.25 feet rear 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: Commissioner Allen summarized the Findings of Fact as prepared by the Village Attorney Anthony Cerreto. Commissioner Petrone recused herself from the vote because the applicant is a client Findings of Board: Action taken by Board: On the motion of Commissioner Allen, which was seconded by Commissioner Alzate, the Findings of Fact as prepared by the Village Attorney . Record of Vote: For__3_Against __________ Absent __2_______ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Approve Findings Petrone Ab D’Estrada Ab Villanova F Allen F Alzate F Morlino 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 August 15, 2019 at 7:00 p.m. with Commissioner Petrone Presiding. Present in addition Ms. Petrone were Messrs.: Allen, Alzate and Morlino (alternate). Also in attendance was Village Attorney Anthony Cerreto, and Building Inspector Kevin Donohue. Date of Hearing: August 15, 2019 Case No.: 2019-0195 Applicant: Lori Pasqualini Jody T. Cross, Esq. 4 Berkshire Blvd Zarin & Steinmetz Bethel, CT 06801 81 Main Street White Plains, NY 10601 Nature of Request on the premises No. 41 & 43 Betsy Brown Road, located in the R7 Building Zone District, being Section 136.37, Block No 1, Lot(s) No. 44.2 & 44.3 on the Assessment Map of the Town of Rye, New York Application is hereby made under the discretionary power vested in you by Sections 345-19, 345-29A, and 345-13 or in the alternative 345-30 of the Zoning Ordinance of the Village of Port Chester to: construct a new single dwelling at 41 Betsy Brown Road Betsy Brown Road is located in the R7 District and a review of the construction plans, site plan and the Filed Map #28009 revealed the following non-compliances with the Code of the Village of Port Chester; 1. Proposed vehicle parking in the front yard is not in compliance with the Code of the Village of Port Chester Section 345-6. I. (3) which states, “Accessory off-street parking spaces”… “shall not be located within a required front yard, nor within a required side yard.” 2. Propose width of the access driveway is 20 feet and is not in compliance with the Code of the Village of Port Chester Section 345-6. I. (4) which states, “Access driveways through required front yards and required side yards shall not exceed 10 feet in width” 3. Proposed structure on a lot which does not have a minimum frontage of 30 feet (maintains at least that width to the minimum front yard depth) on a street or highway in compliance with the Code of the Village of Port Chester Section 345-9. B. which states, “No building permit shall be issued for any structure unless the lot upon which the structure is to be built has a minimum frontage of not less than 20 feet at the front property line on a street or highway as defined in § 7-736 of the Village Law, which street or highway shall have been approved by the Planning Commission as provided in said law, and the lot maintains at least that width to the minimum front yard depth. Applicant is requesting an interpretation of Section 345-29A or in the alternative seeks an exception from frontage requirements of Section 345-9B 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: David Steinmetz Esq. Of Zarin & Steinmetz and Jody Cross Esq. represented the matter for the applicant Ability Beyond. Mr. Steinmetz began by saying that this is an application for an interpretation that the two subject lots have adequate frontage under the Village Code or in the alternative an exception to be taken in accordance with the provisions of the Village Code. Tonight the subject is lot frontage and the fact that this sub division was approved by the Village back in 2007 is appropriate and the lots are conforming and lawful. At the last meeting there was a discussion about the applicant meeting with the neighbors because Ability and Beyond has a history of working with and incorporating with the residents in each of the communities in which they have residences. A meeting night with the neighbors was scheduled and noticed properly, unfortunately no one showed up that night someone did come the following evening. Mr. Steinmetz said that when he arrived at the meeting tonight he was met by Trustee Didden who was allegedly speaking on behalf of a group of neighbors and they had a discussion outside and have come to an understanding/agreement that he would like to share with the Board. Although the applicant has a sub division with three lots, two of which would permit the erection of single family dwellings, it has been made clear by Trustee Didden that the community does not want to have a second residence in the community if the community residence is there. (no second home of any kind). Currently the applicant has two legal lots and tonight they are here to confirm that there are two legal lots. The applicant offers the following. Ability and Beyond does not need to have a second residence on the adjacent lot. The space would be perfectly fine as open and unused. Provided that Ability and Beyond owns and operates a community residence or any provider owns and operates a community residence on lot three, there would be a restriction imposed on lot two. A restrictive covenant will be recorded on lot two and that restrictive covenant would sunset, terminate expressly of its own terms should a community residence not be owned and operated on lot three. (Community Residence is a defined term under State Law) This restrictive covenant would be a condition of the decision made by the Zoning Board this evening. The applicant still need the Board to rule in accordance with the Code that they do have two lots and want to have the two lots that were approved by the Village twelve years ago. Mr. Steinmetz asked that the Board approve the variance this evening and review the proposed restrictive covenant in order to make an informed vote. If there is a community residence on lot three there is no residence on lot two. If there is no community residence on lot three the application is the same as It has been for the past twelve years. If the ownership is transferred to the other lot, the restrictive covenant still remains in place. Even if Ability and Beyond sold that lot to another person or entity that person or entity is going to be bound by the recorded restrictive covenant. Mr. Steinmetz said that he hopes a resolution of approved would have an express condition that no building permit shall be issued for Ability and Beyond to build a house on lot 3 until the restrictive covenant is recorded and enforceable on lot two. However it does not prevent the sale and transfer of the lot. A building permit will be obtained, a lovely residence will be built and integrate into the community as residences that are allowed under the Mental Hygiene Laws. Village Attorney Anthony Cerreto said he will review the covenant prior to the September meeting. There will also be easement agreements for the road that lead to the property for which the applicant will be solely responsible for the maintenance. Public: Bart Didden, Betsy Brown Road, Port Chester, NY Kerry Scala, Betsy Brown Road, Port Chester, NY Francis Cervinka, Betsy Brown Circle, Port Chester, NY Elisa Ferretti, Port Chester, NY Richard Abel, Quintard Drive, Port Chester, NY Findings of Board: Action taken by Board: On the motion of Commissioner John Allen , which was seconded by Commissioner, Alzate, that direction be given to the Village Attorney to prepare Findings of Fact granting exception under alternative relief with the appropriate conditions based on the facts in evidence and those conditions are to include the completion of the bonding for the roadway as laid out in the sub division map filed with the County Clerk as well as the appropriate easements to the satisfaction of the Village Attorney and the recording of the restrictive covenant as presented by the applicant this evening Record of Vote: For 4____Against __________ Absent ___2______ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent F Petrone Ab D’Estrada Ab Villanova F Allen F Alzate F Morlino 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 August 15, 2019 at 7:00 p.m. with Commissioner Petrone Presiding. Present in addition Ms. Petrone were Messrs.: Allen, Alzate and Morlino (alternate). Also in attendance was Village Attorney Anthony Cerreto, and Building Inspector Kevin Donohue. Date of Hearing: August 15, 2019 Nature of Request: Adjourn meeting to September 19, 2019 On the motion of Commissioner Petrone, which was seconded by Commissioner Morlino, the meeting was adjourned to September 19, 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 September 19, 2019 F Petrone Ab D’Estrada Ab Villanova F Allen F Alzate F Morlino Signed___________________________ William Villanova Title_ Chairman__________________ ATTEST: