Zoning Board of Appeals

MINUTES OF MEETING Application for Permit or Variance A meeting of the Zoning Board of Appeals was held via WebEx Video Conferencing on Thursday evening November 19, 2020 at 7:00 p.m. with Chairman Evelyn Petrone presiding. Present in addition to Ms. Petrone were Messrs. D’Estrada, Morlino Allen and Simmons Also in attendance were Planning Director Eric Zamft, Assistant Planning Director Curt Lavalla, Planner Evan Breining, Village Attorney Anthony Cerreto and Acting Secretary Constance Phillips Date of Hearing: November 19, 2020 No. of Case: Case No. 2020-Z001 Applicant: 14 Tarry Lighthouse LLC 5 Waller Avenue, Ste. 301 White Plains, NY 10601 Nature of Request: Requesting area variance relief from the provisions of Chapter 345 of the Village of Port Chester Character-Based Zoning Code. The area variance relief is sought in connection with Tarry Lighthouses LLC’s application to redevelop the property know as 163, 175, 179 North Main Street, 18 Mill Street and 20 Abendroth Avenue (Section 142.23, Block 2, Lots 25, 26, 27, 28 and 29 on the Town of Rye, New York Assessment Map) located in the Village’s CD-5 Urban Center Character District. The Amended Plans now propose a 6-story, 82’ tall mixed-use development which contains 209 residential units, 281 parking spaces, 26,755 s/f of street level commercial space, and various amenities at the Premises (the “Proposed Development”). The most notable changes include the reduction in building stories from 7-stories to a permitted 6-stories resulting in a reduction of 33 residential units and 75 parking spaces. The Proposed Development will still provide the requisite Affordable Affirmatively Furthering Fair Housing Units in accordance with Section 345.405.U of the Character-Based Code. Additionally, the revised proposal addresses the architectural design requirements of the Code and has obviated the need for façade void area, façade glazing, and façade articulation variances, such that only area variances from (1) Visibility at Intersection (345.405.C.1.7), and Maximum Lot Width (Table 345.405.A- 6) are necessary. Application is filed under the NEW Form Based Code 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 Anthony Gioffre Esq. of Cuddy & feder requesting an adjournment of this matter to the December 17, 2020 ZBA meeting. Mr Gioffre was present to confirm the request. Action taken by Board: On the motion of Commissioner Simmons, which was seconded by Commissioner D’Estrada the matter was adjourned to the December 17, 2020 m33ting. 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 December 17, 2020 Petrone F D’Estrada F Allen F Morlino F Simmons 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 via WebEx Video Conferencing on Thursday evening November 19, 2020 at 7:00 p.m. with Chairman Evelyn Petrone presiding. Present in addition to Ms. Petrone were Messrs. D’Estrada, Morlino Allen and Simmons Also in attendance were Planning Director Eric Zamft, Assistant Planning Director Curt Lavalla, Planner Evan Breining, Village Attorney Anthony Cerreto and Acting Secretary Constance Phillips , Date of Hearing: November 19, 2020 No. of Case: 2020-0204 Applicant: German Guayllazaca & Klever Guayllazaca 96 Perry Avenue Port Chester, NY 10573 Nature of Request: On the premises No. 40 Grove Street, located in the R2F Zoning District, under the previous 1975 Village of Port Chester Zoning Code, being Section 142.30, Block No 1, Lot No. 12.2 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 1975 Village of Port Chester Zoning Code to construct a new two family dwelling PLEASE TAKE NOTICE that 40 Grove Street is located in the R2F District. The Village of Port Chester Zoning Law, Section 345-42 R2F, Two-Family Residence District, Schedule lB, requires a minimum side yard dimension of 8 feet. A review of the plans reveals that the side yard dimension of the proposed Two Family Dwelling is 5 feet. PLEASE BE ADVISED that the Building Permit Application to constructed a new two family dwelling is hereby DENIED for non- compliance with Zoning Section 345-42 R2F, Two-Family Residence District, Schedule IB, where a 5-foot side yard dimension is proposed and 8-foot side yard dimension is required. Application is filed under the FORMER Building Code 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: Michiel Boender of Edgewater Architects represented this matter for the applicants who were also in attendance. Mr. Boender began by saying that this application is for 40 Grove however the same application will be presented next for 38 Grove which is similar and right next door and owned by the same applicants. Mr. Boender said the applicants have a proper variance to the building itself and the footprint of the building because the staircase encroaches into the 8-foot setback. That's why we're reduced to 5 feet because it's a 3-foot setback that goes along the side of the building to get up to the first floor. Both structures on 28 and 40 were similarly designed and placed on the property adjacent to the lots next door which were previously approved on both 34 and 30 Grove Mr. Boender shared his screen to review the architectural drawings that were submitted earlier to the Board. Previously the lots for 34 and 30 Grove were approved and the applicant is building their lots in a similar fashion. They had a 9 ft. setback to the building and then they encroached into the setback (they have the 8 ft. setback but the staircase encroaches into it) and what the applicant at 38 and 40 is proposing to do is have the driveways in the front because the grade goes up, the building would be setback and the staircase would go along the side of the building. Currently the staircase in the back is 3 ft. above the actual grade and gets steeper in the front. The variance that the applicant requires would keep the lots consistent with others in the neighborhood. This is not impactful because the setback is really compliant with the building itself and it’s just the staircase that encroaches into the setback. Chairman Petrone questioned if the properties next door received the variances. Mr. Boender said he believed they received them back in 2007. Chairman Petrone requested that the information regarding those variances be verified by the Building Department for the next meeting. After a brief discussion on the application it was suggested that the applicant might be able to flip the houses so that one is on the right and one is on the left. There would be equal space between the property lines and the space between the houses would still be ten feet. A variance would still be required however the impact would be to each other as opposed to being outside of each property. Mr. Boender had a brief discussion with the applicants who were amenable to the changes but needed to discuss it further for complete understanding of the changes. Public: Jeffrey Feldman –Port Chester resident inquired as to whether the property had a sewer Findings of Board: Action taken by Board: On the motion of Commissioner Allen, which was seconded by Commissioner Simmons, the matter was adjourned to the December 17, 2020 meeting 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 December 17, 2020 Petrone F D’Estrada F Allen F Morlino F Simmons 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 via WebEx Video Conferencing on Thursday evening November 19, 2020 at 7:00 p.m. with Chairman Evelyn Petrone presiding. Present in addition to Ms. Petrone were Messrs. D’Estrada, Morlino Allen and Simmons Also in attendance were Planning Director Eric Zamft, Assistant Planning Director Curt Lavalla, Planner Evan Breining, Village Attorney Anthony Cerreto and Acting Secretary Constance Phillips , Date of Hearing: November 19, 2020 No. of Case: 2020-0203 Applicant: German Guayllazaca & Klever Guayllazaca 96 Perry Avenue Port Chester, NY 10573 Nature of Request: On the premises No. 38 Grove Street, located in the R2F Zoning Code District, being Section 142.30, Block No 1, Lot No. 12.2 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 1975 Village of Port Chester Zoning Code to construct a new two family dwelling PLEASE TAKE NOTICE that 38 Grove Street 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 plans reveals that the side yard dimension of the proposed Two Family Dwelling is 5'l''. PLEASE BE ADVISED that the Building Permit Application to constructed a new two family dwelling is hereby DENIED for non- compliance with Zoning Section 345-42 R2F, Two-Family Residence District, Schedule 1B, where 5”1” side yard dimension is proposed and 8ft side yard dimension is required Application is filed under the FORMER Building Code 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: Michiel Boender represented this matter for the applicants Since the discussions and suggestions for this application are basically the same as Case #2020-0204 and the applicants are the same for both. This matter was adjourned to the December 17th meeting to allow for the suggested changes. it was suggested in the accompanying application that the applicant might be able to flip the houses so that one is on the right and one is on the left. There would be equal space between the property lines and the space between the houses would still be ten feet. A variance would still be required however the impact would be to each other as opposed to being outside of each property. Findings of Board: Action taken by Board: On the motion of Commissioner Morlino which was seconded by Commissioner Simmons, the matter was adjourned to the December 17, 2020 meeting. 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 December 15, 2020 Petrone F D’Estrada F Allen F Morlino F Simmons 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 via WebEx Video Conferencing on Thursday evening November 19, 2020 at 7:00 p.m. with Chairman Evelyn Petrone presiding. Present in addition to Ms. Petrone were Messrs. D’Estrada, Morlino Allen and Simmons Also in attendance were Planning Director Eric Zamft, Assistant Planning Director Curt Lavalla, Planner Evan Breining, Village Attorney Anthony Cerreto and Acting Secretary Constance Phillips Date of Hearing: November 19, 2020 No. of Case: 2020-0205 Applicant: 350 Port Chester LLC 26 West 17th Street New York, NY 10011 Nature of Request: On the premises 354 North Main Street, located in the CD-4 Zoning District, being Section 136.79 Block 2, Lot(s) 32 & 33 on the Assessment map of the Town of Rye, New York, the Applicant is requesting an interpretation pursuant to Village of Port Chester Character Based Code Section 345.806.D.1 & F.1 and area variance relief from standards in the Village of Port Chester Character-Based Code Chapter 345, Table 345.405.A-5 CD-4 General Urban Character District in connection with the proposed redevelopment of the Premises with a new 4-story, 106,240 sf self-storage facility. The Applicant is requesting that the ZBA make the interpretation that the 200' lot width is legally nonconforming and therefore reverse the determination of the Zoning Administrator in its September 29, 2020 correspondence requiring area variance relief for lot width. The Applicant is also requesting a building height variance of 1 story to permit a 4 story building where a maximum of 3 stories is permitted and, in the event that the ZBA does not grant the herein requested interpretation, a lot width variance to permit a lot width of 200' where the maximum permitted lot width is 60'. Application is filed under the NEW Form Based Code 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 Esq, of Cuddy & Feder represented this matter for the applicant. Mr. Gioffre was accompanied by Steve Novenstein, Andrew Ehinger and Jack mWilbern. Mr. Gioffre began by saying as the chair indicated we are seeking an interpretation with respect to the lot width question, or in the alternative variance from the maximum lot width requirement as well as a 1 story variance. The premises is classified in a CD 4, general, urban character district, which is characterized as a medium density area that has medium small or no front setbacks. The property is located right next door to the Village Courthouse. The most dominant land uses in the area, include the style and warehouse. The landmark residential building, the adjacent police courthouse building, and the Westy self-storage, which is directly across the street. This proposal is consistent with the goals and objectives of the Villages 2012, comprehensive plan in that it will strengthen and expand the tax base by focusing efforts on retaining and expanding existing businesses and attracting new businesses. This type of use has very little requirement for parking will not impact village infrastructure requirements and will not impact visual resources and will have no impact on the population. At this point Jack Wilbern, architect for the project walked the board through the slides that were submitted. He stated that the project’s side is mid-block facing North Main Street and has a back up to Rollhaus Place Our proposed building is a little bit L shaped so that we present to the street based on a character based code. We put the parking behind in Zone 3 per the code. And we are completely screening many residential apartments from all activity by turning the building and blocking all activity still giving a a fairly substantial setback. The building itself is a similar architecture to other things in the Village it's right next to the police station a 2 story building and our building, which is in every way, shape, and form in appearance, a 3 story building. We were asked by the Planning Commission to think about night lighting to make sure this was not a blank facade and if we could provide an active streetscape and modest sliding so that it was not a dead part of the streetscape. We've also taken care of fixing some of the structural inadequacies of the site as it exists right now; the car's parked on Main Street can't really open their doors all the time because the sidewalk is elevated. We are proposing to flatten that out and make the entire sidewalk consistent with most of what is found in mainstream both South and Maine and North. On Rollhaus Place We've encouraged the use of planters so that we have not just a blank facade, but we have a variation with the grade. Also providing ssit down benches and a variety of landscaping. A engaged discussion ensued with regard to the Height of the building vs the Stories of the building. Although the building is a 3 story building it is 4 floors inside. The applicant is proposing a building that is almost 7 feet shorter than that which is allowed by the new code when you add up the minimum and maximum ceiling heights for 3 floors. Mr. Gioffre walked the Board through the balancing criteria for granting a variance against this application There were questions with regard to a deed restriction that needed to be validated to determine if it was still in effect. Public Steve Feinstein, Esq, Attorney for Arredondo& Company, LLC Findings of Board: Action taken by Board: On the motion of Commissioner D’Estrada, which was seconded by Commissioner Morlino, the matter was adjourned to the December 15, 2020 meeting 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 December 15, 2020 Petrone F D’Estrada F Allen F Morlino F Simmons 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 via WebEx Video Conferencing on Thursday evening November 19, 2020 at 7:00 p.m. with Chairman Evelyn Petrone presiding. Present in addition to Ms. Petrone were Messrs. D’Estrada, Morlino Allen and Simmons Also in attendance were Planning Director Eric Zamft, Assistant Planning Director Curt Lavalla, Planner Evan Breining, Village Attorney Anthony Cerreto and Acting Secretary Constance Phillips Date of Hearing: November 19, 2020 No. of Case: 2020-0206 Applicant: Steven D. Feinstein. Esq. Arredondo & Co., LLC Feinstein & Naishtut, LLP Westy’s Self Storage 211 South Ridge Street 351 North Main Street Rye Brook NY 10573 Port Chester, NY 10573 Nature of Request: On the premises 354 North Main Street, located in the CD-4 Zoning District, being Section 136.79 Block 2, Lot(s) 32 & 33 on the Assessment map of the Town of Rye, New York, the Applicant is requesting an interpretation pursuant to Village of Port Chester’s Form Based Code relating to the application, as follows: A. Zoning Compliance Determination Failed to Require Cube Smart to Obtain a Variance for its Proposed Self-Storage Use B. A Commercial Building is Not Permitted on a Lot that Fronts on Rollhaus Place C. Front Yard Setback Variance D. Façade Articulation Variance Application is filed under the NEW Form Based Code Although this matter was on the agenda it was not heard due to noticing deficiencies by the applicant. 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: Findings of Board: Action taken by Board: Record of Vote: For ___Against __________ Absent _________ List names of members and how voted – symbols as follows: F-for, A-against, Ab-absent Signed___________________________ Evelyn Petrone Title_ Chairman____________ ATTEST: