Zoning Board of Appeals

MINUTES OF MEETING Application for Permit or Variance A meeting of the Zoning Board of Appeals was held on June 18, 2020 at 7:00pm via WebEx video conferencing with Chairman Evelyn Petrone presiding. Present in addition to Chairman Petrone were Messrs.: Allen, D’Estrada, Morlino and Simmons Also in attendance were Village Attorney Anthony Cerreto, Assistant Planning Director Curt Lavalla, and Assistant Planner Evan Breining Date of Hearing: June 18, 2020 No. of Case: 2019-0188 (amended) Applicant: Luis Lopez 560 Westchester Avenue Rye Brook, NY 10573 Nature of Request: on the premises No. 7 Willow Street, located in the C4 Building Zone District, being Section 142.38, Block No 2, Lot No. 47 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: convert a former cabaret establishment into a restaurant with parking – amend previously granted variance(s) Per Village Code §345.14 (c) (2) Schedule of off street parking requirements, 1 per 4 permanent seats or 100 square feet of floor area devoted to patron use, whichever is greater. Required: 30 spaces; provided: 13 spaces; requested variance: 17 spaces, Request to amend to 12 spaces, variance 18 spaces 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 Favorable 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 Simmons the Findings of Fact were approved Record of Vote: For __5_Against __________ Absent _________ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Approve Findings Petrone F D’Estrada F Allen F Simmons 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 on June 18, 2020 at 7:00pm via WebEx video conferencing with Chairman Evelyn Petrone presiding. Present in addition to Chairman Petrone were Messrs.: Allen, D’Estrada, Morlino and Simmons Also in attendance were Village Attorney Anthony Cerreto, Assistant Planning Director Curt Lavalla, and Assistant Planner Evan Breining Case No. 2020-0199 Mahesh Amin Raul Bello 12 Empire Lane Bello Architecture, PLLC Bethel, CT 06801 36 New Street Rye, NY 10580 on the premises No. 57 Woodland Drive located in the R20 Building Zone District, being Section 136.29, Block No. 2, Lot No. 3 1 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: to: construct a new single family dwelling Nature of Request: 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 Findings of Board: Action taken by Board: On the motion of Commissioner D’Estrada, which was seconded by Commissioner Morlino, the Findings of Fact as prepared by the Village Attorney were approved Record of Vote: For __5_Against __________ Absent _________ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Approve Findings Petrone F D’Estrada F Allen F Simmons 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 on June 18, 2020 at 7:00pm via WebEx video conferencing with Chairman Evelyn Petrone presiding. Present in addition to Chairman Petrone were Messrs.: Allen, D’Estrada, Morlino and Simmons Also in attendance were Village Attorney Anthony Cerreto, Assistant Planning Director Curt Lavalla, and Assistant Planner Evan Breining Date of Hearing: June 18, 2020 No. of Case: 2020-Z002 Applicant: Robert & Nancy Cruz 146 Breckenridge Avenue Port Chester, NY 10573 Nature of Request: on the premises No. 146 Breckenridge Avenue located in the RR5 Building Zone District, being Section 133.76, Block No. 2, Lot No. 23 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: to: construct a 14 x 12 deck in the rear yard of the dwelling 146 Breckenridge Avenue is located in the R5 District. The Village of Port Chester Zoning Law, Section 345-41 R5, One-Family Residence District, Schedule 1B, requires a minimum rear yard dimension of 30 feet. A review of the site plan reveals that the proposed rear yard dimension to the deck is 18 feet. 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 Findings of Board: Action taken by Board: On the motion of Commissioner D’Estrada, which was seconded by Commissioner Simmons, the Findings of Fact as prepared by the Village Attorney were approved Record of Vote: For _5__Against __________ Absent _________ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Approve Findings Petrone F D’Estrada F Allen F Simmons F Morlino F Signed___________________________ William Villanova Title_ Chairman____________ ATTEST  MINUTES OF MEETING A meeting of the Zoning Board of Appeals was held on June 18, 2020 at 7:00pm via WebEx video conferencing with Chairman Evelyn Petrone presiding. Present in addition to Chairman Petrone were Messrs.: Allen, D’Estrada, Morlino and Simmons Also in attendance were Village Attorney Anthony Cerreto, Assistant Planning Director Curt Lavalla, and Assistant Planner Evan Breining Date of Hearing: June 18, 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 seven-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 of Cuddy & Feder represented this matter for the applicant. Mr. Gioffre has requested the matter be adjourned to the July 16, 2020 meeting. Findings of Board: Action taken by Board: On the motion of Commissioner D’Estrada, which was seconded by Commissioner Morlino, the meeting was adjourned to July 16, 2020 Record of Vote: For _5__Against __________ Absent _________ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Adjourn Meeting to July Petrone F D’Estrada F Allen F Simmons 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 on June 18, 2020 at 7:00pm via WebEx video conferencing with Chairman Evelyn Petrone presiding. Present in addition to Chairman Petrone were Messrs.: Allen, D’Estrada, Morlino and Simmons Also in attendance were Village Attorney Anthony Cerreto, Assistant Planning Director Curt Lavalla, and Assistant Planner Evan Breining Date of Hearing: June 18, 2020 No. of Case: 2020-Z001 Applicant: Angela Calabrese 14 Elmont Avenue Port Chester, NY 10573 Nature of Request: on the premises No. 14 Elmont Avenue, located in the R5 Building Zone District, being Section 136.77, Block No 1, Lot No. 22 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 obtain a Use Variance to construct a rear addition to enlarge an existing legal non- conforming two family dwelling. The Village of Port Chester Zoning Section 345-13B states: “No such non-conforming use of land shall be increased or shall it be extended to occupy a greater area of land than that occupied by such at the time of the adoption of this Regulation, nor shall any such nonconforming use be moved in whole or in part to any other portion of the lot or parcel of land occupied by such non-conforming use at the time of the adoption of this Regulation. Building permit application to construct a rear addition to enlarge an existing legal non- conforming two family dwelling in the R5 District is hereby DENIED for non-compliance with the Village of Port Chester Zoning Section 345-13B for the proposed expansion of a non- conforming 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: A letter was received from the applicant’s new attorney asking that the matter be adjourned to the July meeting so he may become better acquainted with the case. Findings of Board: Action taken by Board: On the motion of Commissioner Simmons, which was seconded by Commissioner Allen, the meeting was adjourned to July 16, 2020 Record of Vote: For __5_Against __________ Absent _________ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Adjourn Meeting to July Petrone F D’Estrada F Allen F Simmons 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 on June 18, 2020 at 7:00pm via WebEx video conferencing with Chairman Evelyn Petrone presiding. Present in addition to Chairman Petrone were Messrs.: Allen, D’Estrada, Morlino and Simmons Also in attendance were Village Attorney Anthony Cerreto, Assistant Planning Director Curt Lavalla, and Assistant Planner Evan Breining Date of Hearing: June 18, 2020 No. of Case: 2020-Z003 Applicant: Carita’s of Port Chester Law Offices of Anthony Tirone 509-511 North Main Street 170 Hamilton Avenue, Suite 300 Port Chester, New York 10573 White Plains, New York 10601 Nature of Request: on the premises No509-511 North Main Street located in the C4-R Building Zone District, being Section 134.64, Block No. 1, Lot No. 34 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: waive 8 off street parking spaces and 1 off street loading spot The proposed variance and relief from the parking requirements are set forth in the Port Chester Zoning Code Article IV Section 345=14 Off street parking, truck loading and vehicular access, Subsection C (2) Schedule of off street parking space requirements. Zoning Code §345-14 C(2) requires 1 parking space per 200 sq., ft. of gross floor area and 1 parking space per 3 permanent seats requiring applicant to provide 22 off street parking spaces. The applicant will provide 14 spaces where 22 are required, therefore a variance of 8 off street parking spaces is requested, Zoning Code §345-14 E(1) All accessory off-street parking and truck loading facilities shall be located on the lot with the use that they serve. Zoning Code §345-14 D(1) requires 1 off street truck loading space for each 5,000 sq. ft. of gross floor area. The applicant proposes 0 off street loading spaces where 1 is required, therefore a variance of 1 off street truck loading space is required 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: A letter was received from the applicant’s attorney requesting an adjournment of this matter to the July 16th meeting while they continue to revise their application. Findings of Board: Action taken by Board: On the motion of Commissioner Allen, which was seconded by Commissioner D’Estrada the matter was adjourned to July 16, 2020 Record of Vote: For _5__Against __________ Absent _________ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Adjourn Meeting to July Petrone F D’Estrada F Allen F Simmons 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 on June 18, 2020 at 7:00pm via WebEx video conferencing with Chairman Evelyn Petrone presiding. Present in addition to Chairman Petrone were Messrs.: Allen, D’Estrada, Morlino and Simmons Also in attendance were Village Attorney Anthony Cerreto, Assistant Planning Director Curt Lavalla, and Assistant Planner Evan Breining Date of Hearing: June 18, 2020 Adjourn meeting to July 16, 2020 On the motion of Commissioner D’Estrada, which was seconded by Commissioner Simmons, the meeting was adjourned to July 16, 2020 Record of Vote: For 5__Against __________ Absent _________ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Adjourn Meeting to July Petrone F D’Estrada F Allen F Simmons F Morlino F Signed___________________________ Evelyn Petrone Title_ Chairman____________ ATTEST