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 November 21, 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 Anthony Cerreto- Village Attorney, Kevin Donohue – Building Inspector, and Curt Lavalla – Assistant Planning Director Date of Hearing: November 21, 2019 No. of Case: 2019-0198 Applicant: Miguel Rojas & Patricia Puello 228 Husted Street Port Chester, NY 10573 Nature of Request: on the premises No. 228 Husted Street, located in the R2F7 Building Zone District, being Section 136.63, Block No 1, Lot No. 5 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 two story side addition, add second story over front room, 5' x 15'11" front deck, add dormer to roof and interior alterations. A review of the plans has revealed three (3) non-compliances with Zoning; 1. The proposed second story addition over the front room will increase the degree of non­ conforming front yard dimension and is not in compliance with Zoning section 345- 13 D.(l ). The required front yard minimum dimension is 20 feet and the existing front yard dimension to the one story room is 9.24 feet. 2. The proposed 5' x 15'11" deck has a front yard dimension of 4.24 feet and is not in compliance with Zoning section 345-42, (R2F Two-Family Residence District) which requires front yard minimum dimension of 20 feet. 3. The proposed two story addition in the side yard will increase the degree of non- conforming side yard dimension and is not in compliance with Zoning section 345-13 D.(1). The required side yard minimum dimension is 8 feet and the existing one story room in the side yard, proposed to be removed, has a 2.7 feet side yard dimension and the proposed two story addition has a side yard dimension of 1.2 feet. D. Nonconforming building or structure used for a conforming use. (1) 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. Please be advised that your Building Permit application to construct a two story side addition, add second story over a front room, 5' x 15'11" front deck, add dormer to roof and interior alterations is hereby DENIED for non-compliance with Zoning section 345-6 D.(l) for increasing the degree of non-conformity of the dimensional requirements and Zoning Section 345-42, R2F Zone, Schedule 1B , which requires a 20 foot front yard dimension and the plans shows the 5' x 15'11" deck with a front dimension of 4.24 feet. 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: Romuald (Roman) Pucilowski, architect along with the applicants represented this matter. Mr. Pucilowski began by saying they have a non-conforming lot and the original structure was built in 1900 which was before the codes were established. The applicants would like to bring this dwelling up to today’s standards. Right now the house is 885 square feet and by code they would need about 1000 square feet to make it a comfortable livable house. (The architect passed out pictures of the dwelling to Board members) The applicants purchased the house in February/March of this year and the house needs considerable renovation work. The original bathroom has been removed because it was completely unusable. The original bathroom was 2.7 ft. distance from the property line. The bathroom has now been moved along the wall and the offset from the property line will now be 3 feet, (further away from the property). The rear wall of the house will now be in line with the wall of the bathroom which was indented before. This will make the size of the bathroom 6ft by 9ft. using the existing footprint a second bathroom will be built on the second floor. The front entrance of the house measures 52 by 50 inches. (Width and length) which is very uncomfortable to enter the house. The applicant would like to put in a 5x6 ft. concrete entrance (60 x 72 inches) making it 8 inches closer to the property line then the present, or a 15 x 5 front deck which would also be 8 inches away from the property line. The applicant said they would opt for the 60 x 72 concrete entrance because the 15 x 5 front deck might be a little too large. The front of the house upstairs would be increased even with the lower floor to accommodate a master bedroom. (140 sq. ft.) Currently the size is 12ft. by 8 ft. The number of bedrooms will not increase (2 bedrooms currently) The side dormer that is proposed is above the stairs leading to the attic. The utilities are going to be placed in the attic instead of the basement with a new technology that allows the cooling system to be energy efficient. The basement can then be utilized as living space such as a family room. Overall 180 sq. ft. will be added to the building. Some permits have already been pulled with the building department to start some of the other work to be done in the house. No one from the public spoke for or against this matter. Findings of Board: Action taken by Board: On the motion of Commissioner Allen, which was seconded by Commissioner Morlino, the Public Hearing was closed. 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 F Petrone F D’Estrada Ab Villanova F Allen F Alzate F Morlino On the motion of Commissioner D’Estrada, which was seconded by Commissioner Morlino, the Village Attorney was directed to prepare Findings of Fact or the next 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 Prepare Findings F Petrone F D’Estrada Ab Villanova F Allen F Alzate F Morlino Signed___________________________ Evelyn Petrone 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 November 21, 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 Anthony Cerreto- Village Attorney, Kevin Donohue – Building Inspector, and Curt Lavalla – Assistant Planning Director Date of Hearing: November 21, 2019 No. of Case: 2019-0186 (revised) Applicant: Tarry Lighthouse LLC 5 Waller Avenue, Ste. 301 White Plains, NY 10601 Nature of Request: on the premises No. 163, 175, 179 North Main Street, 18 Mill Street and 20 Abendroth Avenue, located in the C2 Main Street Business District and being Section 142.23, Block No. 2, Lot Nos. 25, 26, 27, 28 and 29 on the Assessment Map of the Town of Rye, New York, for an interpretation and/or in the alternative area variances from the applicable Zoning Ordinance or Ordinances in the following respects: Application is hereby made in accordance with the discretionary power vested in you by Sections 345-19 and 345-29A, and/or in the alternative 345-30 of the Zoning Ordinance of the Village of Port Chester. The Applicant hereby requests under the discretionary power vested in you by Sections 345-30, area variances pursuant to Sections 345-48 C2 Main Street Business District, Schedule of Regulations for Non-Residential Districts, Attachment 3B, 345-14D (1) and (3) and 345-61(Q) (5) of the Zoning Ordinance of the Village of Port Chester for permission to: construct a nine-story mixed-use development containing retail/restaurant and residential apartments as well as parking 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 the matter for the applicant along with David Mann – Principle owner, Brian Dempsey – Traffic Engineer, Luz Delmar Rosato – Architect for the proposal. Mr. Gioffre said this proposal is classified within the C2 District and the property consists of 5 properties as listed above. The property is currently improved with various Commercial, Office and off street restaurants, retail and off street parking. The proposal is for a new 9 story mixed use development. 274 dwelling units are proposed / 65 studios, 134 one bedrooms, and 75 two bedroom units. The proposal also includes amenity space including courtyards, pools and open space. At street level there will be 27,906 square feet of retail and restaurant space. 358 parking spaces will be provided which can be used by the restaurant and retail tenants and residents and the general public. Included with the proposal is off street bike storage and two off street loading spaces. This application will activate the streetscape and create a welcoming pedestrian walkway to downtown and residential uses and will constitute a true Transit Development situated close to the train station. This application appeared before the Planning Commission and was then referred to the Zoning Board of Appeals and the matter has also appeared before the Traffic Commission who approved the plan as presented to them. The determination of the Building Inspector with regard to the off street loading space is the first issue of concern. The form states that five off street loading spaces sre to be provided, and a variance of three is requested where two are proposed. Mr. Gioffre believes that the building inspector has misinterpreted the Code to that respect. (§345.14.B2) There is no such requirement for off street loading spaces. This section refers to off street parking. Based on this interpretation three off street loading spaces are required, the applicant is providing two, therefore a variance for 1 space is requested. Mr. Gioffre read several sections of the Code to support his interpretation with regard to off street loading spaces. The intent of the Code is being met with this project and goes well beyond the requirements. In addition Mr. Gioffre took some time to walk this application through and compare it with the new proposed form based code. Mr. Gioffre also stated that if the form based code was adopted today there would be no need for variances except for one. Architect Luz Delmar-Rosato also took the time to walk the Board through the proposed project along with a display of renderings. A question and answer session was held with Ms. Delmar-Rosato and Brian Dempsey-Traffic Engineer also walked the Board through the submitted Traffic Study. There is grave concern from the Commission, Staff and the Public with regard to pedestrian safety. Public Stephen Mesker (State Rep), 18 Lockwood, Greenwich, CT Josh Koerner, 1 Landmark Square, Port Chester, NY Lucy Van Braulel, 17 High Street, Byram, CT Matt Popp, 54 Meade Ave, Byram, CT Mike Ke? CT Al Shahari, Byram, CT Raphael Fishbaell, 5 Red Roof Drive Findings of Board: Action taken by Board: On the motion of Commissioner Petrone which was seconded by Commissioner Allen the matter was adjourned to the December 19, 2019 Record of Vote: For __5_Against __________ Absent ____1_____ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Adjourn to November 21, 2019 F Petrone F D’Estrada Ab Villanova F Allen F Alzate F Morlino Signed___________________________ Evelyn Petrone 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 November 21, 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 Anthony Cerreto- Village Attorney, Kevin Donohue – Building Inspector, and Curt Lavalla – Assistant Planning Director Date of Hearing: November 21, 2019 No. of Case: 2019-0197 Applicant: 30 Broad Street Owners LLC & 136-138 Irving Owners LLC 181 Westchester Avenue, Suite 301A Port Chester, NY 10573 Nature of Request: on the premises 30 Broad Street and 136 Irving Avenue, located in the C5 Train Station Mixed Use District and being Section 142.22, Block No 2, Lot Nos. 2 & 3 on the Assessment Map of the Town of Rye, New York for an interpretation and area variances from the applicable Zoning Ordinance or Ordinances in the following respects: Application is hereby made under the discretionary power vested in you by Sections 345-19, and 345-29A, or in the alternative 345-30 of the Zoning Ordinance of the Village of Port Chester. The Applicant hereby requests under the discretionary power vested in you by Sections 345-30, 345-48 C5 Train Station Mixed Use District, Schedule of Regulations for Non-Residential Districts, Attachment 3B and 345-14D of the Zoning Ordinance of the Village of Port Chester for permission to: construct a new nine-story mixed-use development containing a brewpub on the first and second floors, office spaces on the second through fifth floors, and a total of 22 residential units on the sixth through ninth floor penthouse 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 along with Pierre Sarrazin Architect from Sarrazin Architecture and 2 other team members. Mr. Gioffre began by first correcting an error in the notice indicating that a brew pub will be on the first and second floors and the third through fifth floors will be office space and residential units. The Premises consists of two lots containing a total lot area of approximately 6 , 0 9 4 . 8 2 square foot (approximately . 14 acres) w i t h frontage o n Broad Street a n d I r v i n g Avenue. 30 B r o a d Street i s approximately 3,284.56 square feet (0.075 acres) and is currently developed with a two-story mixed-use structure containing a street-level restaurant/night-club and a 12- bedroom rooming house on the second floor. 136 Irving Avenue is approximately 2,810.36 square feet (0.065 acres) and is currently developed with a three-story mixed-use structure containing various first-floor commercial uses and 5 residential units (1 studio, 1 two-bedroom, and 3 three-bedrooms) on the second and third floor. Architect Pierre Sarrazin reviewed the architectural drawings and the renderings with the members of the Commission At a meeting held November 6, 2019, the Traffic Commission reviewed and discussed the referral from the Planning Commission regarding 30 Broad Street Owners, LLC, comprising 30 Broad Street and 136-138 Irving Avenue. Tony Gioffre, Dan Patrick and Pierre Sarrazin representing the applicant were in attendance and gave a summary of the application. The Commission is in favor of this application and therefore a motion was made by John Pauletti and seconded by Andrew Matturro to accept this proposal as stated. Public David Sorto owner of 20 Broad Street (restaurant) along with his brother and father addressed concern with regard to parking but stated he was not against the application Findings of Board: Action taken by Board: On the motion of Commissioner Allen, which was seconded by Commissioner Morlino, the Public Hearing was closed. 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 F Petrone F D’Estrada Ab Villanova F Allen F Alzate F Morlino On the motion of Commissioner Allen, which was seconded by Commissioner Alzate, the Village Attorney was directed to prepare Findings of Fact or the next 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 Prepare Findings F Petrone F 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 November 21, 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 Anthony Cerreto- Village Attorney, Kevin Donohue – Building Inspector, and Curt Lavalla – Assistant Planning Director . Date of Hearing: November 21, 2019 Nature of Request: Adjourn meeting to December 19, 2019 On the motion of Commissioner Petrone, which was seconded by Commissioner Allen, the meeting was adjourned to December 19, 2019 Record of Vote: For 5 Against ______ Absent __1___ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Adjourn to December 19, 2019 F Petrone F D’Estrada Ab Villanova F Allen F Alzate F Morlino Signed___________________________ William Villanova Title_ Chairman__________________ ATTEST: