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 December 19, 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 Anthony Cerreto- Village Attorney, Inspector, and Curt Lavalla – Assistant Planning Director Date of Hearing: December 19, 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. 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 prepasred by the Village Attorney Anthony Cerreto Findings of Board: Action taken by Board: On the motion of Commissioner Allen, which was seconded by Commissioner Morlino, the Findings of Fact in favor of the application were approved. Record of Vote: For _3__Against __________ Absent ___3_____ 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 Ab 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 December 19, 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 Anthony Cerreto- Village Attorney, Inspector, and Curt Lavalla – Assistant Planning Director Date of Hearing: December 19, 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 third 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: Chairman 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 Morlino, which was seconded by Commissioner Allen, the Findings of Fact in favor of the application were approved. Record of Vote: For _3__Against __________ Absent ___3______ 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:  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 December 19, 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 Anthony Cerreto- Village Attorney, Inspector, and Curt Lavalla – Assistant Planning Director Date of Hearing: December 19, 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. (see Public below) 2. Names and addresses of those appearing in opposition to application. (see Public below) 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 Mr. Gioffre began by saying the applicant listened to the public concerns and the concerns of the Board and modified the original application. The application was submitted to the Board over a year ago (February 2019) The applicant was also involved with the Planning Department and the Plan the Port efforts. The Applicant amended its site plan and special exception use application to incorporate 163 N. Main Street and 18 Mill Street into its proposal and submitted a re-design of the proposed mixed-use building. The Premises now consists of five adjacent tax lots that are located on and comprise the entire block situated between North Main Street and Abendroth Avenue and Highland Street and Mill Street. The Premises is currently improved with several buildings and a surface parking lot that support retail, office, restaurant and commercial uses. The Applicant is proposing to demolish the existing buildings on the Premises in order to construct a nine-story mixed-use building that will include 27,905 square feet of retail/restaurant and 274 rental apartments in the Village's downtown. In addition, the applicant is proposing to provide 358 parking spaces within the building to be utilized by residents and patrons of the building's retail establishments.  In addition, the applicant looked at the plans the Village has for the Highland Street parking lot which is adjacent to this application. The applicant seeks to incorporate the parking lot into its plan and absorb the 11spacesthat would be eliminated by the Village’s proposal for the lot. The application has been reduced from nine stories to a seven story building. The number of apartments has also been reduced to 96 studios, 93 1bedroom apartments, 51 2 bedroom apartments, 2 3bedroom apartments. Off street parking variance remains the same and ground floor commercial. The Area per Dwelling Unit variance has been reduced and the FAR variance has been reduced Mr. Gioffre reviewed the Zoning Compliance that was prepared for the Planning Commission. Mr. Gioffre said that there is no parking requirement n the old code however the new code does require parking to which this application is compliant. David Mann took the time to walk the Board through the new application (with visuals) and it was also noted that with regard to heights, the Planning Department is conducting an audit throughout the Village as to the heights of the buildings. A Traffic Impact Report was provided to the Board by Brian Dempsey of Provident design Engineering. Mr. Dempsey took the time to walk the Board through the report and entertained questions asked by the Board. The Board also was provided with a letter from Provident design engineering in response to a memo provided by Elaine Du of AKRF. This memo addressed Traffic Volumes, Trip Generation Traffic Analysis and Pedestrian Access. With regard to flooding, a representative from FEMA (Nikki ?) took the time to address concerns and answer questions. She also suggested the Board become or review FEMA Publication No. 480 A considerable amount of time was spent discussing parking in the downtown and pedestrian ssfety. Public Fred Camillo Greenwich, CT (First Selectman) Joshua Kerner Port Chester, NY Simar Byram, CT Matthew Popp Byram, CT Al Shehadi Byram, CT Dennis Scheck Port Chester, NY Joseph Bonsett Stephanie Basenti Port Chester, NY Ryan Shore (Owner) Shorewood Properties LLC Port Chester Findings of Board: Action taken by Board: On the motion of Commissioner Allen which was seconded by Commissioner Morlino the matter was adjourned to the January 16, 2020 meeting. Record of Vote: For __3_Against __________ Absent ____3_____ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Adjourn to January 16, 2020 F Petrone Ab D’Estrada Ab Villanova F Allen Ab 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 December 19, 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 Anthony Cerreto- Village Attorney, Inspector, and Curt Lavalla – Assistant Planning Director . Date of Hearing: December 19, 2019 Nature of Request: Adjourn meeting to January 16, 2020 On the motion of Commissioner Allen, which was seconded by Commissioner Morlino, the meeting was adjourned to January 16, 2020 Record of Vote: For 3 Against ______ Absent __3___ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Adjourn to January 16, 2020 F Petrone Ab D’Estrada Ab Villanova F Allen Ab Alzate F Morlino Signed___________________________ William Villanova Title_ Chairman__________________ ATTEST: