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Conservation Board

Regular Meeting

White Plains, NY · February 3, 2021

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Minutes

BOARD OF APPEALS ZONING CALENDAR NO FEBRUARY 3, 2021 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: GRANTED 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 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: BOARD VOTED TO KEEP THE EXISTING NON- CONFORMING USE BASED ON THE PANDEMIC EFFECTIVELY STAYING THE 6-MONTH REQUIREMENT. Page 1 of 3 BOARD OF APPEALS ZONING CALENDAR NO ….continued FEBRUARY 3, 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: GRANTED NEW APPLICATIONS NO APPEARANCE Z-2021-1 51 Davis Avenue Associates, 51 Davis Avenue, SBL 130.35-5-10 Application to add an 8th dwelling unit in basement of an existing 7-unit multi-family residence. A review of drawing 1 with latest date of December 11, 2020, prepared by John Cotugno Architect, P.C., indicates an alteration to create an eighth dwelling unit in the basement of the existing seven (7) unit multi-family residence. The property is located in the RM-1.5 Zone and is legally existing non-conforming with respect to lot frontage. Variances for one side yard and combined two side yard setbacks were granted when the building was first constructed. The proposed addition of an eighth apartment will require the following area variances: Required Existing Proposed Variance 1. Min. Lot Area per Dwelling Unit 1,500 SF 1,500 SF 1,312 SF 188 SF 2. Off Street Parking 13 11 11 2 OUTCOME: SCHEDULED TO BE HEARD 3/03/2021 Z-2021-2 Joan Malloy, 8 Hemlock Circle, SBL 138.06-13-3 Application to construct an in-ground pool and storage shed. A review of drawings SP-01 and SP-02 dated June 10, 2020, prepared by Gismondi Architects, indicates the proposed installation of a rear yard in-ground pool and a storage shed. The property is located in the R1-12.5 Zone and is legally existing non-conforming with respect to main building coverage, lot area, one side yard and combined two side yard setbacks. The proposed pool and shed installation will require the following area variances: Required Existing Proposed Variance SEPARATION DISTANCE 1. Main Building to Pool 20’-0” - 10.4’ 9.6’ 2. Shed to Pool 20’-0” - 3’-0” 17’-0” 3. Main Building to Shed 20’-0” - 11’-0” 9’-0” 4. Section 4.4.24.7 Maximum 25’-0” - 41.5’ 16.5’ Pool Fence Distance OUTCOME: SCHEDULED TO BE HEARD 3/03/2021 Page 2 of 3 BOARD OF APPEALS ZONING CALENDAR NO ….continued FEBRUARY 3, 2021 NEW APPLICATIONS NO APPEARANCE Z-2021-3 Ms. Jane Foster, 7 Colonial Road, SBL 131.07-7-9 Application to install a tennis court. A review of drawing 1, dated December 16, 2020, prepared by John Petroccione, P.E., indicates the proposed construction of a tennis court in the rear yard. The premises are located in the R1-30 residential one-family zone district where an accessory tennis court is a special permit use subject to the provisions of Section 6.1 and at the discretion of the Board of Appeals under Section 6.2 of the White Plains Zoning Ordinance. OUTCOME: SCHEDULED TO BE HEARD 3/03/2021 Z-2021-4 Mr. Patrick Lee, 43 Chadwick Road, SBL 120.20-21-6 Application to construct a screened porch. A review of Drawings A-1 to A-5 dated January 11, 2021, prepared by SM Architecture Studio, indicates a proposed one (1) story rear yard screened porch addition. The property is located in the R1-5 one-family residential zone and is legally existing non-conforming with respect to rear yard setback. The proposed screened porch addition will require the following area variance: Required Existing Proposed Variance 1. Rear Yard Setback 25’-0” 14’-9” 11’-9” 13’-3” NOTE: This site is environmentally sensitive due to steep slope and will also require Planning Board approval. OUTCOME: SCHEDULED TO BE HEARD 3/03/2021 Z-2021-5 Alex & Bonnie Gordon, 20 North Lake Circle, SBL 131.19-1-28 Application to construct an addition. A review of drawing A-1 with latest date of April 13, 2020, prepared by Robert S. Everett, Architect, indicates a proposed second story rear yard addition. The property is located in the R1-12.5 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” 11.5’ 10.5’ 9.5’ OUTCOME: SCHEDULED TO BE HEARD 3/03/2021 Page 3 of 3

Agenda

BOARD OF APPEALS ZONING CALENDAR NO FEBRUARY 3, 2021 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. ENVIRONMENTAL FINDINGS REPORTED; NO PUBLIC HEARING 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’ ADJOURNED UNTIL MARCH 3, 2021 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. Page 1 of 3 BOARD OF APPEALS ZONING CALENDAR NO FEBRUARY 3, 2021 ….continued 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 NEW APPLICATIONS NO APPEARANCE Z-2021-1 51 Davis Avenue Associates, 51 Davis Avenue, SBL 130.35-5-10 Application to add an 8th dwelling unit in basement of an existing 7-unit multi-family residence. A review of drawing 1 with latest date of December 11, 2020, prepared by John Cotugno Architect, P.C., indicates an alteration to create an eighth dwelling unit in the basement of the existing seven (7) unit multi-family residence. The property is located in the RM-1.5 Zone and is legally existing non-conforming with respect to lot frontage. Variances for one side yard and combined two side yard setbacks were granted when the building was first constructed. The proposed addition of an eighth apartment will require the following area variances: Required Existing Proposed Variance 1. Min. Lot Area per Dwelling Unit 1,500 SF 1,500 SF 1,312 SF 188 SF 2. Off Street Parking 13 11 11 2 Z-2021-2 Joan Malloy, 8 Hemlock Circle, SBL 138.06-13-3 Application to construct an in-ground pool and storage shed. A review of drawings SP-01 and SP-02 dated June 10, 2020, prepared by Gismondi Architects, indicates the proposed installation of a rear yard in-ground pool and a storage shed. The property is located in the R1-12.5 Zone and is legally existing non-conforming with respect to main building coverage, lot area, one side yard and combined two side yard setbacks. The proposed pool and shed installation will require the following area variances: Required Existing Proposed Variance SEPARATION DISTANCE 1. Main Building to Pool 20’-0” - 10.4’ 9.6’ 2. Shed to Pool 20’-0” - 3’-0” 17’-0” 3. Main Building to Shed 20’-0” - 11’-0” 9’-0” 4. Section 4.4.24.7 Maximum 25’-0” - 41.5’ 16.5’ Pool Fence Distance Page 2 of 3 BOARD OF APPEALS ZONING CALENDAR NO FEBRUARY 3, 2021 ….continued NEW APPLICATIONS NO APPEARANCE Z-2021-3 Ms. Jane Foster, 7 Colonial Road, SBL 131.07-7-9 Application to install a tennis court. A review of drawing 1, dated December 16, 2020, prepared by John Petroccione, P.E., indicates the proposed construction of a tennis court in the rear yard. The premises are located in the R1-30 residential one-family zone district where an accessory tennis court is a special permit use subject to the provisions of Section 6.1 and at the discretion of the Board of Appeals under Section 6.2 of the White Plains Zoning Ordinance. Z-2021-4 Mr. Patrick Lee, 43 Chadwick Road, SBL 120.20-21-6 Application to construct a screened porch. A review of Drawings A-1 to A-5 dated January 11, 2021, prepared by SM Architecture Studio, indicates a proposed one (1) story rear yard screened porch addition. The property is located in the R1-5 one-family residential zone and is legally existing non-conforming with respect to rear yard setback. The proposed screened porch addition will require the following area variance: Required Existing Proposed Variance 1. Rear Yard Setback 25’-0” 14’-9” 11’-9” 13’-3” NOTE: This site is environmentally sensitive due to steep slope and will also require Planning Board approval. Z-2021-5 Alex & Bonnie Gordon, 20 North Lake Circle, SBL 131.19-1-28 Application to construct an addition. A review of drawing A-1 with latest date of April 13, 2020, prepared by Robert S. Everett, Architect, indicates a proposed second story rear yard addition. The property is located in the R1-12.5 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” 11.5’ 10.5’ 9.5’ Page 3 of 3

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