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 February 20, 2020 at 7:00 p.m. with Chairman Petrone Presiding. Present in addition Ms. Petrone were Messrs.: Allen, Alzate and Morlino (alternate). Also in attendance was Anthony Cerreto- Village Attorney, Inspector, and Eric Zamft – Planning Director Date of Hearing: February 20, 2020 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” in summary 2. Names and addresses of those appearing in opposition to application. See “Public” in summary Summary of statement or evidence presented: Village Attorney Anthony Cerreto reminded the Board that this application needs variances from the ZBA as well as Site plan approval from the Planning Commission. The Planning Commission has undertaken their responsibility as Lead Agency to begin the SEQRA review for this matter. A meeting was held with the Planning Commission and the traffic experts AKRF and there were a lot of gives and takes and there is still some work to be done. The Planning Commission will be meeting again on Monday night to do all the hard work of reviewing the matter to determine if and what are the environmental impacts. Mr. Cerreto said that the purpose of tonight’s meeting is to orient the Board back to the beginning to talk about the balancing test that is required for the applicant to obtain area variances however traffic and parking has obscured the applicant view of making the case’ Mr. Cerreto said he has spoken to Mr. Gioffre and he is prepared to restate the case if necessary Planning Director Eric Zamft concurred with Mr. Cerreto and said he may repeat some of what was said but it is important for people who may not be from New York to understand about SEQRA and the SEQRA process. Mr. Zamft provided the Board with a summarization of where the application left off so as to reorient the Board with the application and the processes  Anthony Gioffre Esq. of Cuddy & Feder represented this matter for the applicant. In addition to Mr. Gioffre the matter was represented by Brian Dempsey In reorienting the Board with the variance request Mr. Gioffre took the time to address factors for granting an area variance as it related to his application The New York State-wide criteria for granting an Area Variance – as set forth in Section 345.806.F.2.b.i of the Village Code and 7-712-b, subd. 3(b) of NYS Village Law is as follows. An applicant shall provide a written submission with their application as to how each of the standards are satisfied. In making its determination, the zoning board of appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the board shall also consider: (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; (3) whether the requested area variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created; which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance. Public Joseph Kantorski – 38 William Street West – Greenwich, CT Matt Popp – 54 Mead Avenue – Byram, CY Samarpana? Tamm – 5 Chimney – Greenwich, CT John Ravitz – Business Council of Westchester – 800 Westchester Ave – Rye Brook Joan Grangenois – Thomas – 420 Elm Street – Port Chester, NY Norm Davis, Architect/Historian – NYC – Port Chester Al Shehadi – 27 Byram Shore Road – Greenwich, CT Angegelica – 520 King Street – Port Chester, NY Andrew ? – 47 Haines – Port Chester, NY Josh Koerner Dennis Schack – 1 Mill Street – Port Chester, NY Sheldon Kahan – 184 South Water Street – Greenwich, CT (Interstate Lumber) written correspondence A petition was also submitted with 91 signatures in opposition of this project Mr. Gioffre acknowledged the comments made by the public and also expressed that a lot of the issues will be addressed by the Planning Commission upon Site Plan review of this matter Findings of Board: This matter will remain open while the Planning Commission does its review Action taken by Board: On the motion of Commissioner Morlino, which was seconded by Commissioner Allen, the matter was adjourned to the March 19th meeting. Record of Vote: For _4__Against __________ Absent __1_______ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Adjourn to March 19, 2020 Petrone F D’Estrada Ab Allen F Alzate F Morlino F 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 February 20, 2020 at 7:00 p.m. with Chairman Petrone Presiding. Present in addition Ms. Petrone were Messrs.: Allen, Alzate and Morlino (alternate). Also in attendance was Anthony Cerreto- Village Attorney, Inspector, and Eric Zamft – Planning Director Date of Hearing: February 20, 2020 Nature of Request: Adjourn meeting to March 16, 2020 On the motion of Commissioner Morlino, which was seconded by Commissioner Alzate, the matter was adjourned to the March 16, 2020 meeting. Record of Vote: For _4__Against __________ Absent __1_______ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Adjourn to March 16, 2020 Petrone F D’Estrada Ab Allen F Alzate F Morlino F Signed___________________________ Evelyn Petrone Title_ Chairman____________ ATTEST::