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 September 19, 2019 at 7:00 p.m. with Commissioner Petrone Presiding. Present in addition Ms. Petrone were Messrs.: D’Estrada, Allen, Alzate and Morlino (alternate). Also in attendance was Village Attorney Anthony Cerreto, and Building Inspector Kevin Donohue. Date of Hearing: September 19, 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: Commissioner Petrone summarized the Favorable Findings of Fact as prepared by the Village Attorney Anthony Cerreto. Ms. Petrone also explained that the applicant also agreed to a Declaration of Covenants and Restrictions Findings of Board: On the motion of Commissioner Allen Action taken by Board: On the motion of Commissioner John Allen, which was seconded by Commissioner, Morlino, the Favorable Findings of Fact as prepared by the Village Attorney were approved. Record of Vote: For 5____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 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 September 19, 2019 at 7:00 p.m. with Commissioner Petrone Presiding. Present in addition Ms. Petrone were Messrs.: D’Estrada, Allen, Alzate and Morlino (alternate). Also in attendance was Village Attorney Anthony Cerreto, and Building Inspector Kevin Donohue. Date of Hearing: September 19, 2019 No. of Case: 2019-0196 Applicant: Greenwood Estate, LLC 187 Thornwood Road Stamford, CT 06903 Nature of Request: on the premises No. 25 Greenwood Avenue, located in the R2F Building Zone District, being Section 142.54, Block No 2, Lot No13 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 rear two story addition 25 Greenwood Avenue is 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. A review of the 1 page Site Plan SP-1 dated 8/16/19 reveals that the proposed side yard dimension to the garage is 6.43’. PLEASE BE ADVISED that your Building Permit Application to construct a rear two story addition to an existing four dwelling unit multifamily dwelling, and to supersede Building Permit # F-1999 is hereby DENIED for non-compliance with Zoning Section 345-42, R2f District, Schedule 1B, which requires a 8 foot side yard dimension and where the plans shows the two story addition to have a 6.43 foot side yard dimension. 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: Michiel Boender of Edgewater Architects represented the matter for the applicant. Mr. Boender began by saying that they are technically trying to legalize a structure built back in 1947-1950. The structure has been there for many years but does not meet the street side yard setback of 8 feet because there is a 3 foot extension that goes beyond the footprint of the house and makes it non-compliant by approximately a little over 1 foot. The house was originally compliant but the addition was not. The section that contains the garage doors extends into the side yard. There are no verification records as to when the additional construction took place. The extension is 12 to 15 feet wide and has been there for 72 years and was testified to by Christopher DiBicari the owner of the house. The encroachment is exactly 1.57 feet. This is a four family house in a two family zone but it was built in 1929. The garage was built in the 1940s without a permit. (Actually there is no record of a permit) The search report for this property shows that there are several discrepancies with regard to the tax records for this property and denotes a 6 to8 bedroom increase per the Building Inspector Kevin Donohue. It is a comparison of records and the applicant is on notice. All discrepancies have been addressed with this application and that is how this 3 foot extension was discovered. Through the reviews that were completed this is the only outstanding issue. 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 Alzate, the Public Hearing was closed and the Village Attorney was directed to prepare Findings of Fact for the October meeting. Record of Vote: For __5_Against __________ Absent ___1______ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Close Public Hearing and Prepare Findings F Petrone F 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 September 19, 2019 at 7:00 p.m. with Commissioner Petrone Presiding. Present in addition Ms. Petrone were Messrs.: D’Estrada, Allen, Alzate and Morlino (alternate). Also in attendance was Village Attorney Anthony Cerreto, and Building Inspector Kevin Donohue. Date of Hearing: September 19, 2019 Nature of Request: Adjourn meeting to October 17, 2019 On the motion of Commissioner Petrone, which was seconded by Commissioner Morlino, the meeting was adjourned to October 17, 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 October 17, 2019 F Petrone Ab D’Estrada Ab Villanova F Allen F Alzate F Morlino Signed___________________________ William Villanova Title_ Chairman__________________ ATTEST: