Zoning Board of Appeals

Zoning Board of Appeals January 21, 2021 Page 1 VILLAGE OF PORT CHESTER ZONING BOARD OF APPEALS AGENDA Via WebEx January 21, 2021 ************************************************************************************* Instructions for attending the WebEx meeting are provided on the last page FINDINGS 1. Case No. 2020-0204 FINDINGS German Guayllazaca & Klever Guayllazaca 96 Perry Avenue Port Chester, NY 10573 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 obtain a Use Variance to construct a new two family dwelling. 40 Grove Street is located in the R2F District under the 1975 Village of Port Chester Zoning Code. The 1975 Village of Port Chester Zoning Code, 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 feet. 2. Case No. 2020-0203 FINDINGS German Guayllazaca & Klever Guayllazaca 96 Perry Avenue Port Chester, NY 10573 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 obtain a Use Variance to construct a new two family dwelling. 38 Grove Street is located in the R2F District. The 1975 Village of Port Chester Zoning Code, 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”. Zoning Board of Appeals January 21, 2021 Page 2 3. Case No. 2020-0207 FINDINGS Jembro Signage/Jembro Clothing & Home Goods Carly Galterio c/o Signarama 403 Oakwood Road Huntington Station, NY 11746 On the premises 427 Boston Post Road, located in the CD-4 Zoning District, being Section 142.53, Block 1, Lot(s) 1 on the Assessment map of the Town of Rye, New York, an application for a Sign Permit was received on August 26, 2020 to install a Band Sign on the facade with internal illumination at 427 Boston Post Road located in the CD-4 Zoning District and subsequence review revealed the following non-compliance with Chapter 345.701 H. 1. of Article 7, Sign Standards of the Village of Port Chester Zoning Code and marked as attached Exhibit “A”; 345.701 H. General Provisions Applicable to All Non-Exempt Signs. Without limitation to any applicable specific Sign standards, all Signs other than Exempt Signs shall comply with the following additional standards: 1. Lighting. Signs may, but are not required to be, lighted unless otherwise specifically stated for the particular Sign type in Table 345.701.B; and if lighted, shall not be internally illuminated or back-lighted except as otherwise specifically provided for the particular Sign type in Table 345.70 l .B. Application is filed under the NEW Form Based Code 4. Case No. 2020-0208 FINDINGS – (minus monument sign) ML-MJW Port Chester SC Owner LLC 20 South Clark St., Suite 3000 Chicago, IL 60603 On the premises 421 Boston Post Road, located in the CD-4 Zoning District, being Section 142.53, Block 1, Lot(s) 1 on the Assessment map of the Town of Rye, New York, an application for Sign Permits was received on November 9, 2020 to install several signs at the Gateway Plaza Boston Post Road Shopping Center. : Monument Four (4) variances are requested for this sign. Sign #2 1. Variance requested for sign area. 114sf proposed, 18sf allowed 2. Variance requested for sign height. 11'-7" proposed, 6'-0" allowed 3. Variance for internal illumination. Code does not permit internal illumination on this sign type. 4. Variance requested for a Monument sign on a site with Post signs. Band Sign #3 One (1) variance is requested for this sign. 1. Variance requested for sign height. 8'-0" tall logo mark and 5'-3" letters proposed, 3'-0" allowed Zoning Board of Appeals January 21, 2021 Page 3 Letter heights are: “t”-5’-3” “a”-4’-2.75” “r”-4’-1.5” “g”-5’-7.75” “e”-4’-2.75” “t”-5’-3” Band Sign #4 One (1) variance is requested for this sign. 1. Variance requested for sign height. 8'-0" tall logo mark and 5'-3" letters proposed, 3'-0" allowed Letter heights are: “t”-5’-3” “a”-4’-2.75” “r”-4’-1.5” “g”-5’-7.75” “e”-4’-2.75” “t”-5’-3” Band Sign #5 One (1) variance is requested for this sign. 1. Variance requested for sign height. 4'-0" tall sign proposed "CVS" 2’-0” tall letters, "Pharmacy" 1’-3” tall letters Post Sign #6 Five (5) variances requested for this sign. 1. Variance requested for five (5) post signs. Code allowance is one (1) sign per building 2. Variance requested for sign area. 28sf proposed, 12sf allowed. 3. Variance requested for sign panel size. 72"x3 4.5" proposed, 48" tall x 40" wide allowed 4. Variance requested for sign Apex. 8'-1.75" proposed, 6'-0" allowed 5. Variance for internal illumination. Code does not permit internal illumination on this sign type. Post Sign #7 Three (3) variances requested for this sign. 5. Variance requested for five (5) post signs. Code allowance is one (1) sign per building 6. Variance requested for sign area. 20sf proposed, 12sf allowed. Variance for internal illumination. Code does not permit internal illumination 7. on this sign type. Post Sign #8 Three (3) variances requested for this sign. 6. Variance requested for five (5) post signs. Code allowance is one (1) sign per building 7. Variance requested for sign area. 20sf proposed, 12sf allowed. 8. Variance for internal illumination. Code does not permit internal illumination on this sign type. Post Sign #9 Five (5) variances requested for this sign. 1. Variance requested for five (5) post signs. Code allowance is one (1) sign per building 2. Variance requested for sign area. 56sf proposed, 12sf allowed. 3. Variance requested for sign panel size. 108"x 54" proposed, 48" tall x 40" wide allowed 4. Variance requested for sign Apex. 11'-1.75" proposed, 6'-0" allowed 5. Variance for internal illumination. Code does not permit internal illumination on this sign type. Application is filed under the NEW Form Based Code EXTENSIONS None PUBLIC HEARINGS 5. Case No. 2019-0186 (revised) Tarry Lighthouse LLC 5 Waller Avenue, Ste. 301 White Plains, NY 10601 Zoning Board of Appeals January 21, 2021 Page 4 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 6. Case No. 2020-0205 350 Port Chester LLC 26 West 17th Street New York, NY 10011 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 Zoning Board of Appeals January 21, 2021 Page 5 7. Case No. 2020-0206 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 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 8. Case No. 2020-0206A 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 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: On December 21, 2020 the BOT unanimously passed Local Law I-21 which amended Chapter 345 of the Village’s Code particularly 345.405.k-1 The new law limited the locations where a self-storage use could be obtained by Special Exception permit in the CD-4 District to only lots facing Midland Avenue and Boston Post Road. The applicant for Case 2020-P002 (2020-0205) filed for Site Plan approval and Special Exception Use Permit for property located at 354 North Main Street which is not located on a lot facing Midland Avenue and or Boston Post Road; therefore, the applicant is not entitled to seek a Special Exception Use permit and must seek a Use Variance. Zoning Board of Appeals January 21, 2021 Page 6 9. Case No. 2020-0208 (monument sign only) ML-MJW Port Chester SC Owner LLC 20 South Clark St., Suite 3000 Chicago, IL 60603 On the premises 421 Boston Post Road, located in the CD-4 Zoning District, being Section 142.53, Block 1, Lot(s) 1 on the Assessment map of the Town of Rye, New York, an application for Sign Permits was received on November 9, 2020 to install several signs at the Gateway Plaza Boston Post Road Shopping Center. New sign proposed along Boston Post Road at secondary entrance to the site. Proposed sign is internally illuminated with single sided graphics. Side A is internally illuminated with tenant logos. Side B is blank and non-illuminated Four (4) variances are requested for this sign. 1. Variance requested for 100sf sign area Code allowance is 18sf Proposed sign is 1O' x 1O' = 1OOsf Largest tenant panels are 18sf each The variance request is a result of grouping multiple tenants on the same sign. 12" letters are necessary for visibility along Boston Post Road due to distance and speed of travel 2. Variance requested for sign height Proposed sign is 1O' maximum height is 6'-O" 3. Variance requested for internal illumination -Code does not permit internal illumination on this sign type. . 4.Variance requested for a Monument sign on a site with Post Signs Application is filed under the NEW Form Based Code STAFF DISCUSSION None ADJOURNMENT Written comments on applications may be submitted to ZoningBoardofAppealsPublicComments@PortChesterNY.gov Zoning Board of Appeals January 21, 2021 Page 7 NEXT MEETING: February 18, 2021 HOW TO VIRTUALLY ATTEND A MEETING THROUGH THE VIDEOCONFERENCE The community can join a meeting in two ways: Upcoming meetings will be posted at: https://portchesterny.webex.com/mw3300/mywebex/default.do?siteurl=portchester ny&service=6 o Click on the “Register” button and complete the registration and press “Submit” o You will be registered to attend the meeting and sent an email reminder when the meeting gets closer. o  LISTEN ONLY Call (408) 418-9388 and your will be prompted to enter the meeting number THE ZONING BOARD OF APPEALS MEETING WILL BE HELD ON THE 3RD THURSDAY OF EVERY MONTH AT 7:00 O’CLOCK IN THE EVENING via WEBEX UNTIL FURTHER NOTICE