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Conservation Board

Regular Meeting

White Plains, NY · January 6, 2021

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Minutes

BOARD OF APPEALS ZONING CALENDAR NO JANUARY 6, 2021 Z-2020-17 Mr. & Mrs. David I. Barish, 30 Colonial Road, SBL 126.18-4-1 Application to construct an addition. A review of the eight (8) sheet construction drawings set, from sheet T-100.01 to A-300.00, dated August 17, 2020, prepared by Taylor Associates Architects, indicates a proposed one (1) story front yard addition. The property is located in the R1-30 Zone. The proposed addition will require the following area variance: Required Existing Proposed Variance 1. Front Yard Setback 75’-0” 92.2’ 55.2’ 19.8’ OUTCOME: WITHDRAWN Z-2020-19 William J. Sparks Living Trust, 266 Central Avenue, SBL 125.65-1-1 Application to amend special permit, install new gas dispensers and construct new overhead canopies. A review of drawings A-01.00, CN-1.0 and a survey with date stamp of August 18, 2020, submitted by Robert Stanziale Architect PC, indicates the installation of five (5) new gas dispensers to replace the three (3) existing dispensers and the construction of two (2) accessory structure overhead canopies. The premises are located in the B-3 Zone where a motor vehicle station is a special permit use per Section 5.1 Use Regulations. The approval agency for such special permit is the Board of Appeals in accordance with Section 6.2. The proposed additions will require an amendment to the special permit in addition to area variances for the accessory structures and to the special building setback as follows: Required Existing Proposed Variance 1. Accessory Structure Height 15’-0” - 17’-6” 2’-6” 2. Accessory Structure Rear Lot Line Setback 15’-0” - 5’-0” 10’-0” 3. Special Building Setback 15’-0” - 5’-0” 10’-0” OUTCOME: GRANTED Z-2020-27 Ms. Helaine Suval, 12 Paddock Road, SBL 138.09-23-1.16 Application to construct an addition. A review of drawing A-001.00, site plan and information, of the submitted construction set, dated October 14, 2020 and prepared by DRV Architects, indicates a proposed one (1) story rear yard addition. The property is located in the R1-20 Zone and is legally existing non-conforming with respect to one side yard setback. The proposed addition will require the following area variance: Required Existing Proposed Variance 1. One Side Yard Setback 20’-0” 17.4’ 17.82’ 2.18’ OUTCOME: GRANTED Page 1 of 3 BOARD OF APPEALS ZONING CALENDAR NO JANUARY 6, 2021 ….continued Z-2020-28 Ms. Lori Gacio, 223 Soundview Avenue, SBL 130.20-16-10 Application to construct an addition. A review of drawings A-1 through A-4 dated October 12, 2020, prepared by RMG Associates, indicates a proposed second floor rear yard shed dormer and two (2) front gable dormer windows. The property is located in the R1-12.5 Zone and is legally existing with respect to lot area, lot frontage, main building coverage and side yard setbacks. The proposed addition will require the following area variances: Required Existing Proposed Variance 1. One Side Yard Setback (North)20’-0” 5.14’ 18’-0” 2’-0” 2. One Side Yard Setback (South)20’-0” 10.16’ 11.16’ 8.84’ 3. Combined Two Side Yards 40’-0” 15.3’ 16.3’ 23.7’ Setback OUTCOME: WITHDRAWN Z-2020-29 Gilda’s Club Westchester, 80 Maple Avenue, SBL 130.28-1-2 Application for an addition. A review of drawings G-101, SY-101, A-101, A-102 and A-201, prepared by Warshauer Mellusi Warshauer Architects, indicates a proposed partial second story rear yard addition over existing first floor. The property is located in the O-R Zone and is legally existing non-conforming with respect to all building coverage, F.A.R., front yard and rear yard setbacks. The proposed addition will increase the non-conformity of the rear yard setback and the F.A.R., and will also require an additional parking space. Therefore, the applicant requests the following area variances: Required Existing Proposed Variance 1. F.A.R. 0.80 1.14 1.198 0.058 2. Rear Yard Setback 25’-0” 10’-0” 10’-0” 15’-0” 3. Parking Space 19 18 18 1 OUTCOME: GRANTED Z-2020-30 The Leffell School, 148-302 Rosedale Avenue, SBL 138.10-8-5 Application to request temporary structures remain in place for more than six (6) months. The proposed request for the temporary structures at the existing private elementary school is intended so that they can safely operate their facility at current student levels within the COVID guidelines and protocols developed by the State for Educational Institutions. The proposal consists of the installation of two (2) temporary classroom structures and two (2) temporary restroom trailers. A private elementary school is a special permit use where the Board of Appeals is the approving agency per Section 6.2 of the Zoning Ordinance. The applicant requests an amendment to the special permit to install the temporary structures for the current school year. OUTCOME: ADJOURNED FOR ENVIRONMENTAL FINDING; PUBLIC HEARING CLOSED Page 2 of 3 BOARD OF APPEALS ZONING CALENDAR NO JANUARY 6, 2021 ….continued Z-2020-31 Great Homes LLC, 138 Rosedale Avenue, SBL 138.14-4-6 Application for retaining wall compliance. A review of the submitted ‘as built’ drawing indicates that a number of the retaining walls do not comply with the locations and heights of those on the approved site plan. Section 4.4.16 of the White Plains Zoning Ordinance requires fences, walls including retaining walls, in required yards not to exceed a height of 4’-0” if located in the front yard nor 6’-0” in the other yards. The applicant therefore requests an area variance from retaining wall and fence height as follows: Required Existing Proposed Variance 1. Front Yard Fence & Wall Height 4’-0” 6’-0” - 2’-0” 2. Side & Rear Yard Wall Height 6’-0” 8.58’ - 2.58’ OUTCOME: ADJOURNED UNTIL MARCH 3, 2021 NEW APPLICATIONS NO APPEARANCE Z-2020-32 31 Westmoreland, LLC, 10-12 Robertson Avenue, SBL 125.65-5-12 Application for a use variance. A review of the change of tenancy application with attached sketch indicates a motor vehicle sale and showroom, for motorcycles and ATVs, in the existing one (1) story building. The original use was deemed legally non- conforming due to the zoning district change after original construction and use. The premises are currently located in the RM-1.5 Zone where the proposed use is not permitted. The property has been vacant for more than six (6) months and per Section 4.3.2.5 of the White Plains Zoning Ordinance, any future use of the land or building shall be in full conformity with the provisions of the zoning ordinance. The proposed non complying use of the existing building will therefore require a use variance. OUTCOME: SCHEDULED TO BE HEARD 02/03/2021 Z-2020-33 216 North Road Realty, Inc., 106 Smith Avenue, SBL 130.16-17-13 Application for an addition. A review of site plan drawing SP-1 of the full construction set, dated October 12, 2020, prepared by John Iannacito Architect, indicates a proposed two (2) story rear yard addition with expansion of the existing second story of the existing dwelling. The property is located in the R1-5 Zone and is legally existing non- conforming with respect to single and combined side yard setbacks. The proposed addition will require the following area variances: Required Existing Proposed Variance 1. Side Yard Structure Setback 5’-0” 3.5’ 3.5’ 1.5’ 2. Combined Two Side Yard 18’-0” 15.6’ 15.6’ 2.4’ Setback OUTCOME: SCHEDULED TO BE HEARD 02/03/2021 Page 3 of 3

Agenda

BOARD OF APPEALS ZONING CALENDAR NO JANUARY 6, 2021 Closed to in-person attendance due to the COVID-19 public health emergency. The meeting will be aired live on the White Plains Cable Access Channels (Channel 75 on Altice and Channel 47 on FIOS) and streamed on the City’s website (http://whiteplainsny.swagit.com/live). Z-2020-17 Mr. & Mrs. David I. Barish, 30 Colonial Road, SBL 126.18-4-1 Application to construct an addition. A review of the eight (8) sheet construction drawings set, from sheet T-100.01 to A-300.00, dated August 17, 2020, prepared by Taylor Associates Architects, indicates a proposed one (1) story front yard addition. The property is located in the R1-30 Zone. The proposed addition will require the following area variance: Required Existing Proposed Variance 1. Front Yard Setback 75’-0” 92.2’ 55.2’ 19.8’ WITHDRAWN – AMENDED PLANS/ VARIANCE NO LONGER REQUIRED Z-2020-19 William J. Sparks Living Trust, 266 Central Avenue, SBL 125.65-1-1 Application to amend special permit, install new gas dispensers and construct new overhead canopies. A review of drawings A-01.00, CN-1.0 and a survey with date stamp of August 18, 2020, submitted by Robert Stanziale Architect PC, indicates the installation of five (5) new gas dispensers to replace the three (3) existing dispensers and the construction of two (2) accessory structure overhead canopies. The premises are located in the B-3 Zone where a motor vehicle station is a special permit use per Section 5.1 Use Regulations. The approval agency for such special permit is the Board of Appeals in accordance with Section 6.2. The proposed additions will require an amendment to the special permit in addition to area variances for the accessory structures and to the special building setback as follows: Required Existing Proposed Variance 1. Accessory Structure Height 15’-0” - 17’-6” 2’-6” 2. Accessory Structure Rear Lot Line Setback 15’-0” - 5’-0” 10’-0” 3. Special Building Setback 15’-0” - 5’-0” 10’-0” Z-2020-27 Ms. Helaine Suval, 12 Paddock Road, SBL 138.09-23-1.16 Application to construct an addition. A review of drawing A-001.00, site plan and information, of the submitted construction set, dated October 14, 2020 and prepared by DRV Architects, indicates a proposed one (1) story rear yard addition. The property is located in the R1-20 Zone and is legally existing non-conforming with respect to one side yard setback. The proposed addition will require the following area variance: Required Existing Proposed Variance 1. One Side Yard Setback 20’-0” 17.4’ 17.82’ 2.18’ Page 1 of 4 Page 2 of 4 BOARD OF APPEALS ZONING CALENDAR NO JANUARY 6, 2021 ….continued Z-2020-28 Ms. Lori Gacio, 223 Soundview Avenue, SBL 130.20-16-10 Application to construct an addition. A review of drawings A-1 through A-4 dated October 12, 2020, prepared by RMG Associates, indicates a proposed second floor rear yard shed dormer and two (2) front gable dormer windows. The property is located in the R1-12.5 Zone and is legally existing with respect to lot area, lot frontage, main building coverage and side yard setbacks. The proposed addition will require the following area variances: Required Existing Proposed Variance 1. One Side Yard Setback (North)20’-0” 5.14’ 18’-0” 2’-0” 2. One Side Yard Setback (South)20’-0” 10.16’ 11.16’ 8.84’ 3. Combined Two Side Yards 40’-0” 15.3’ 16.3’ 23.7’ Setback WITHDRAWN Z-2020-29 Gilda’s Club Westchester, 80 Maple Avenue, SBL 130.28-1-2 Application for an addition. A review of drawings G-101, SY-101, A-101, A-102 and A-201, prepared by Warshauer Mellusi Warshauer Architects, indicates a proposed partial second story rear yard addition over existing first floor. The property is located in the O-R Zone and is legally existing non-conforming with respect to all building coverage, F.A.R., front yard and rear yard setbacks. The proposed addition will increase the non-conformity of the rear yard setback and the F.A.R., and will also require an additional parking space. Therefore, the applicant requests the following area variances: Required Existing Proposed Variance 1. F.A.R. 0.80 1.14 1.198 0.058 2. Rear Yard Setback 25’-0” 10’-0” 10’-0” 15’-0” 3. Parking Space 19 18 18 1 Z-2020-30 The Leffell School, 148-302 Rosedale Avenue, SBL 138.10-8-5 Application to request temporary structures remain in place for more than six (6) months. The proposed request for the temporary structures at the existing private elementary school is intended so that they can safely operate their facility at current student levels within the COVID guidelines and protocols developed by the State for Educational Institutions. The proposal consists of the installation of two (2) temporary classroom structures and two (2) temporary restroom trailers. A private elementary school is a special permit use where the Board of Appeals is the approving agency per Section 6.2 of the Zoning Ordinance. The applicant requests an amendment to the special permit to install the temporary structures for the current school year. Page 3 of 4 BOARD OF APPEALS ZONING CALENDAR NO JANUARY 6, 2021 ….continued Z-2020-31 Great Homes LLC, 138 Rosedale Avenue, SBL 138.14-4-6 Application for retaining wall compliance. A review of the submitted ‘as built’ drawing indicates that a number of the retaining walls do not comply with the locations and heights of those on the approved site plan. Section 4.4.16 of the White Plains Zoning Ordinance requires fences, walls including retaining walls, in required yards not to exceed a height of 4’-0” if located in the front yard nor 6’-0” in the other yards. The applicant therefore requests an area variance from retaining wall and fence height as follows: Required Existing Proposed Variance 1. Front Yard Fence & Wall Height 4’-0” 6’-0” - 2’-0” 2. Side & Rear Yard Wall Height 6’-0” 8.58’ - 2.58’ NEW APPLICATIONS NO APPEARANCE Z-2020-32 31 Westmoreland, LLC, 10-12 Robertson Avenue, SBL 125.65-5-12 Application for a use variance. A review of the change of tenancy application with attached sketch indicates a motor vehicle sale and showroom, for motorcycles and ATVs, in the existing one (1) story building. The original use was deemed legally non-conforming due to the zoning district change after original construction and use. The premises are currently located in the RM-1.5 Zone where the proposed use is not permitted. The property has been vacant for more than six (6) months and per Section 4.3.2.5 of the White Plains Zoning Ordinance, any future use of the land or building shall be in full conformity with the provisions of the zoning ordinance. The proposed non complying use of the existing building will therefore require a use variance. Z-2020-33 216 North Road Realty, Inc., 106 Smith Avenue, SBL 130.16-17-13 Application for an addition. A review of site plan drawing SP-1 of the full construction set, dated October 12, 2020, prepared by John Iannacito Architect, indicates a proposed two (2) story rear yard addition with expansion of the existing second story of the existing dwelling. The property is located in the R1-5 Zone and is legally existing non-conforming with respect to single and combined side yard setbacks. The proposed addition will require the following area variances: Required Existing Proposed Variance 1. Side Yard Structure Setback 5’-0” 3.5’ 3.5’ 1.5’ 2. Combined Two Side Yard 18’-0” 15.6’ 15.6’ 2.4’ Setback Page 4 of 4

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