Conservation Board
Regular MeetingWhite Plains, NY · October 11, 2023
Minutes
BOARD OF APPEALS ZONING
CALENDAR NO OCTOBER 11, 2023
Z-2023-16 Richard and Rebecca Zisholtz, 53 Midchester Avenue, SBL 130.20-12-3
Application to construct an addition. A review of drawings SP-1 dated July 11, 2023, and
seven (7) Pre sheets dated June 7, 2023, prepared by Michael R. Berta Architecture &
Planning, indicates a proposed two (2) story side yard addition. The premises are existing,
dimensionally non-conforming with respect to lot area, lot depth, one (1) side yard setback,
accessory structure separation and accessory structure side lot line setback. The proposal
indicates a two (2) story side yard addition with two (2) car garage connecting the existing
main building with the accessory structure. The proposed addition will increase some
existing non-conformities and require the following area variances:
Required Existing Proposed Variance
1. Main Building Coverage 18% 9.9% 23.2% 5.2%
2. One (1) Side Yard Setback 20’-0” 7.25’ 6.75’ 13.25’
3. Combined Two (2) Side 40’-0” 57’-0” 34.50’ 5.5’
Yards Setback
4. Rear Yard Setback 30’-0” 38’-0” 12.83’ 17.17’
OUTCOME: GRANTED
Z-2023-17 Terry Potillo, 56 Primrose Street, SBL 125.72-12-1
Application to add a front yard driveway. A review of drawings C-1 and C2 dated April
20, 2023, prepared by Hudson Engineering & Consulting, P.C., indicates the proposed
construction of a front yard driveway with retaining walls. The property is located in the
R2-4 Zone and is environmentally sensitive due to steep slopes. The proposed driveway is
located so that most of the driveway lies in front of the dwelling with no integral garage,
in violation of Section 8.6.1.4 of the Zoning Ordinance. The applicant seeks a variance
from this section of the ordinance in order to park in their front yard.
OUTCOME: GRANTED
Z-2023-19 Mr. Ovidio Levis, 24 McBride Avenue, SBL 125.08-2-7
Application to legalize a deck. A review of Drawing A-1 dated November 4, 2022,
prepared by Stephen Barlow, R.A. and a property survey dated March 20, 2023 by
Geologic Land Surveying, indicates the legalization of a rear yard deck. The property is
located in the R1-5 Zone and is legally existing, non-conforming with respect to Front
Yard, One (1) Side Yard and Combined Two (2) Side Yard setbacks. The deck was not
reconstructed in accordance with plans approved by the Board of Appeals per Section
4.3.4.2. The deck legalization will require the following area variances:
Required Existing Proposed Variance
1. One (1) Side Yard Setback 7’-0” 4.8’ 4.8’ 2.2’
2. Combined Two (2) Side 18’-0” 13.5’ 13.5’ 4.5’
Yards Setback
3. Accessory Structure Separation10’-0” 5’-0” 5’-0” 5’-0”
OUTCOME: GRANTED
Page 1 of 4
BOARD OF APPEALS ZONING
CALENDAR NO OCTOBER 11, 2023
….continued
Z-2023-20 Joash & Amy Vedantham, 45 Thompson Avenue, SBL 120.20-26-9
Application to construct an addition. A review of Drawings A1 to A3 dated July 19, 2023,
prepared by Vincent J. Mellusi, Architect, indicates a second floor addition over existing,
a storage shed attached to dwelling, and a new rear yard deck. The property is located in
the R1-5 Zone and is dimensionally legally existing, non-conforming with respect to one
and combined side yard setbacks and Section 8.6.3 of the Zoning Ordinance. The proposed
second floor addition and shed construction will increase the combined side yard setback
non-conformity. The resulting driveway parking will increase the non-conformity with
Section 8.6.3 for parking space setback from the side street line. The applicant requests the
following area variances:
Required Existing Proposed Variance
1. Combined Two Side
Yards Setback 18’-0” 14.4’ 14.4’ 3.6’
2. Street Side Yard Setback Less Than Required Per Section 4.4.9
3. Parking Space Setback From Street Side Less Than Required Per Section 8.6.3
OUTCOME: GRANTED
Z-2023-21 The New York & Presbyterian Hospital, 1111 & 1129 Westchester Ave., SBL 131.16-1-1
Application to construct an addition at 1111 Westchester Avenue. A review of the site plan
prepared by VHB Engineering indicates a one (1) story, approximately 6,119 square foot
side yard addition to the existing commercial building, requiring an amendment to the
existing site plan. The property is located in the C-O district and is legally existing non-
conforming with respect to all building coverage. The addition will increase all building
coverage and will require a variance prior to site plan amendment in accordance with
Section 7.4.4 of the White Plains Zoning Ordinance. Therefore, the applicant requests the
following area variances:
Required Existing Proposed Variance
1. All Building Coverage 10% 13.31% 13.88% 0.57%
2. F.A.R. 0.30 0.30 0.303 0.003
OUTCOME: GRANTED
Page 2 of 4
BOARD OF APPEALS ZONING
CALENDAR NO OCTOBER 11, 2023
….continued
NEW APPLICATIONS NO APPEARANCE
Z-2023-22 Mr. John Matera, 29 Tompkins Avenue, SBL 120.20-7-2
Application to construct an addition. A review of Drawings S-101, AREAS-1, EX-101, A-
101 and A-102 dated August 28, 2023, prepared by New York Architect Designers,
indicates a proposed one (1) story rear yard addition. The property is located in the R1-5
Zone and is legally existing, non-conforming with respect to One (1) Side Yard and
Combined Two (2) Side Yards Setbacks. The proposed addition will require the following
area variance:
Required Existing Proposed Variance
1. Main Building Coverage 25% 21.8% 27.4% 2.4%
OUTCOME: SCHEDULED TO BE HEARD 11/01/2023
Z-2023-23 FSB 1953 LLC, 76 North Kensico Avenue, SBL 126.45-2-8
Application to construct an addition. A review of site drawings C-010 and C-100 dated
August 4, 2023, prepared by JMC, along with architectural drawings 1 through 6, dated
August 4, 2023, prepared by DeMasi Architects, indicates a rear yard addition to an
existing one (1) family dwelling to create a two (2) family dwelling. The property is located
in the RM-1.5T Zone and is legally existing, non-conforming with respect to Lot Frontage,
Front Yard, One (1) Side Yard and Combined Two (2) Side Yards setbacks. The proposed
addition will increase the side yard setback non-conformities and require the following area
variances:
Required Existing Proposed Variance
1. Lot Frontage 50’-0” 40’-0” 40’-0” 10’-0”
2. One (1) Side Yard Setback 8’-0” 3.1’ 3.1’ 4.9’
3. Combined Two (2) Side 20’-0” 18.5’ 15.8’ 4.2’
Yards Setback
OUTCOME: SCHEDULED TO BE HEARD 11/01/2023
Z-2023-24 Anthony and Joanne Constantine, 4 Topland Road, SBL 131.15-11-35
Application to construct a pool. A review of Sheets 1 through 5, with latest date of July 15,
2023 for Sheets 1 to 3 and August 30, 2023 for Sheets 4 and 5, prepared by David A.
Goessl, P.E., indicates the proposed installation of an in-ground swimming pool with patio.
The property is located in the R1-12.5 Zone and is legally existing, non-conforming with
respect to One (1) Side Yard Setback. The proposed pool installation will require the
following area variance:
Required Existing Proposed Variance
1. Accessory Structure
Distance to Building 20’-0” - 8’-0” 12’-0”
OUTCOME: SCHEDULED TO BE HEARD 11/01/2023
Page 3 of 4
BOARD OF APPEALS ZONING
CALENDAR NO OCTOBER 11, 2023
….continued
NEW APPLICATIONS NO APPEARANCE
Z-2023-25 Ms. Leah Even, 5 Baylor Circle, SBL 131.11-1-20
Application to construct a porch. A review of drawings A1.0 with latest date of 8/30/23
and A1.1 to A1.3 dated 6/30/23, prepared by Leto Architecture+Design, indicates the
construction of a front yard covered entrance porch. The property is located in the R1-12.5
Zone and is legally existing, non-conforming with respect to lot frontage, one side yard
and combined two side yards setbacks. The proposed addition will require the following
area variance:
Required Existing Proposed Variance
1. Front Yard Setback 25’-0” 25.3’ 22.1’ 2.9’
OUTCOME: SCHEDULED TO BE HEARD 11/01/2023
Page 4 of 4
Agenda
BOARD OF APPEALS ZONING
CALENDAR NO OCTOBER 11, 2023
Z-2023-16 Richard and Rebecca Zisholtz, 53 Midchester Avenue, SBL 130.20-12-3
Application to construct an addition. A review of drawings SP-1 dated July 11, 2023, and
seven (7) Pre sheets dated June 7, 2023, prepared by Michael R. Berta Architecture &
Planning, indicates a proposed two (2) story side yard addition. The premises are existing,
dimensionally non-conforming with respect to lot area, lot depth, one (1) side yard setback,
accessory structure separation and accessory structure side lot line setback. The proposal
indicates a two (2) story side yard addition with two (2) car garage connecting the existing
main building with the accessory structure. The proposed addition will increase some
existing non-conformities and require the following area variances:
Required Existing Proposed Variance
1. Main Building Coverage 18% 9.9% 23.2% 5.2%
2. One (1) Side Yard Setback 20’-0” 7.25’ 6.75’ 13.25’
3. Combined Two (2) Side 40’-0” 57’-0” 34.50’ 5.5’
Yards Setback
4. Rear Yard Setback 30’-0” 38’-0” 12.83’ 17.17’
Z-2023-17 Terry Potillo, 56 Primrose Street, SBL 125.72-12-1
Application to add a front yard driveway. A review of drawings C-1 and C2 dated April
20, 2023, prepared by Hudson Engineering & Consulting, P.C., indicates the proposed
construction of a front yard driveway with retaining walls. The property is located in the
R2-4 Zone and is environmentally sensitive due to steep slopes. The proposed driveway is
located so that most of the driveway lies in front of the dwelling with no integral garage,
in violation of Section 8.6.1.4 of the Zoning Ordinance. The applicant seeks a variance
from this section of the ordinance in order to park in their front yard.
Z-2023-19 Mr. Ovidio Levis, 24 McBride Avenue, SBL 125.08-2-7
Application to legalize a deck. A review of Drawing A-1 dated November 4, 2022,
prepared by Stephen Barlow, R.A. and a property survey dated March 20, 2023 by
Geologic Land Surveying, indicates the legalization of a rear yard deck. The property is
located in the R1-5 Zone and is legally existing, non-conforming with respect to Front
Yard, One (1) Side Yard and Combined Two (2) Side Yard setbacks. The deck was not
reconstructed in accordance with plans approved by the Board of Appeals per Section
4.3.4.2. The deck legalization will require the following area variances:
Required Existing Proposed Variance
1. One (1) Side Yard Setback 7’-0” 4.8’ 4.8’ 2.2’
2. Combined Two (2) Side 18’-0” 13.5’ 13.5’ 4.5’
Yards Setback
3. Accessory Structure Separation 10’-0” 5’-0” 5’-0” 5’-0”
Page 1 of 3
BOARD OF APPEALS ZONING
CALENDAR NO OCTOBER 11, 2023
….continued
Z-2023-20 Joash & Amy Vedantham, 45 Thompson Avenue, SBL 120.20-26-9
Application to construct an addition. A review of Drawings A1 to A3 dated July 19, 2023,
prepared by Vincent J. Mellusi, Architect, indicates a second floor addition over existing,
a storage shed attached to dwelling, and a new rear yard deck. The property is located in
the R1-5 Zone and is dimensionally legally existing, non-conforming with respect to one
and combined side yard setbacks and Section 8.6.3 of the Zoning Ordinance. The proposed
second floor addition and shed construction will increase the combined side yard setback
non-conformity. The resulting driveway parking will increase the non-conformity with
Section 8.6.3 for parking space setback from the side street line. The applicant requests the
following area variances:
Required Existing Proposed Variance
1. Combined Two Side
Yards Setback 18’-0” 14.4’ 14.4’ 3.6’
2. Street Side Yard Setback Less Than Required Per Section 4.4.9
3. Parking Space Setback From Street Side Less Than Required Per Section 8.6.3
Z-2023-21 The New York & Presbyterian Hospital, 1111 & 1129 Westchester Ave., SBL 131.16-1-1
Application to construct an addition at 1111 Westchester Avenue. A review of the site plan
prepared by VHB Engineering indicates a one (1) story, approximately 6,119 square foot
side yard addition to the existing commercial building, requiring an amendment to the
existing site plan. The property is located in the C-O district and is legally existing non-
conforming with respect to all building coverage. The addition will increase all building
coverage and will require a variance prior to site plan amendment in accordance with
Section 7.4.4 of the White Plains Zoning Ordinance. Therefore, the applicant requests the
following area variances:
Required Existing Proposed Variance
1. All Building Coverage 10% 13.31% 13.88% 0.57%
2. F.A.R. 0.30 0.30 0.303 0.003
NEW APPLICATIONS NO APPEARANCE
Z-2023-22 Mr. John Matera, 29 Tompkins Avenue, SBL 120.20-7-2
Application to construct an addition. A review of Drawings S-101, AREAS-1, EX-101, A-
101 and A-102 dated August 28, 2023, prepared by New York Architect Designers,
indicates a proposed one (1) story rear yard addition. The property is located in the R1-5
Zone and is legally existing, non-conforming with respect to One (1) Side Yard and
Combined Two (2) Side Yards Setbacks. The proposed addition will require the following
area variance:
Required Existing Proposed Variance
1. Main Building Coverage 25% 21.8% 27.4% 2.4%
Page 2 of 3
BOARD OF APPEALS ZONING
CALENDAR NO OCTOBER 11, 2023
….continued
NEW APPLICATIONS NO APPEARANCE
Z-2023-23 FSB 1953 LLC, 76 North Kensico Avenue, SBL 126.45-2-8
Application to construct an addition. A review of site drawings C-010 and C-100 dated
August 4, 2023, prepared by JMC, along with architectural drawings 1 through 6, dated
August 4, 2023, prepared by DeMasi Architects, indicates a rear yard addition to an
existing one (1) family dwelling to create a two (2) family dwelling. The property is located
in the RM-1.5T Zone and is legally existing, non-conforming with respect to Lot Frontage,
Front Yard, One (1) Side Yard and Combined Two (2) Side Yards setbacks. The proposed
addition will increase the side yard setback non-conformities and require the following area
variances:
Required Existing Proposed Variance
1. Lot Frontage 50’-0” 40’-0” 40’-0” 10’-0”
2. One (1) Side Yard Setback 8’-0” 3.1’ 3.1’ 4.9’
3. Combined Two (2) Side 20’-0” 18.5’ 15.8’ 4.2’
Yards Setback
Z-2023-24 Anthony and Joanne Constantine, 4 Topland Road, SBL 131.15-11-35
Application to construct a pool. A review of Sheets 1 through 5, with latest date of July 15,
2023 for Sheets 1 to 3 and August 30, 2023 for Sheets 4 and 5, prepared by David A.
Goessl, P.E., indicates the proposed installation of an in-ground swimming pool with patio.
The property is located in the R1-12.5 Zone and is legally existing, non-conforming with
respect to One (1) Side Yard Setback. The proposed pool installation will require the
following area variance:
Required Existing Proposed Variance
1. Accessory Structure
Distance to Building 20’-0” - 8’-0” 12’-0”
Z-2023-25 Ms. Leah Even, 5 Baylor Circle, SBL 131.11-1-20
Application to construct a porch. A review of drawings A1.0 with latest date of 8/30/23
and A1.1 to A1.3 dated 6/30/23, prepared by Leto Architecture+Design, indicates the
construction of a front yard covered entrance porch. The property is located in the R1-12.5
Zone and is legally existing, non-conforming with respect to lot frontage, one side yard
and combined two side yards setbacks. The proposed addition will require the following
area variance:
Required Existing Proposed Variance
1. Front Yard Setback 25’-0” 25.3’ 22.1’ 2.9’
Page 3 of 3
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