Zoning Board of Appeals

Zoning Board of Appeals April 15, 2021 Page 1 VILLAGE OF PORT CHESTER ZONING BOARD OF APPEALS AGENDA Via WebEx April 15, 2021 ************************************************************************************* Instructions for attending the WebEx meeting are provided on the last page FINDINGS A. Case #2020-0209 Herbert Inacio 122 Soundview Street Port Chester, NY 10573 On the premises 122 Soundview Street, located in the CD-4 Zoning District, being Section 142.29 Block 1, Lot(s) 56 on the Assessment map of the Town of Rye, New York, for a permit to build a 17’ x 21’ accessory structure – Garage. Application is filed under the NEW Form Based Code EXTENSIONS None PUBLIC HEARINGS 1. Case No. 2020-0205 Request to Amend Application 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. Application is filed under the NEW Form Based Code The Applicant hereby amends the Proposed Development to comply with the Village's height requirements. The Village Character-Based Code transition rules require the provisions of the Code in effect on May 20, 2020 (not as amended on December 21, 2020) be applied. The Character-Based Code in effect on May 20, 2020 imposes a 60' lot width maximum. The existing Zoning Board of Appeals April 15, 2021 Page 2 Premises has a lot width of approximately 200'. The Applicant requests the herein described interpretation that no area variance relief is required because the existing lot width is a preexisting nonconforming condition. Alternatively, the Applicant requests relief from the lot width provision that has since been eliminated by the Board of Trustees 2. 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 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. Application is filed under the NEW Form Based Code STAFF DISCUSSION None Zoning Board of Appeals April 15, 2021 Page 3 ADJOURNMENT NEXT MEETING: May 20, 2021 Written comments on applications may be submitted to ZoningBoardofAppealsPublicComments@PortChesterNY.gov 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