Page 1 Proceedings DEPARTMENT OF HOUSING AND BUILDINGS: CITY OF YONKERS ------x ZONING BOARD OF APPEALS TUESDAY, APRIL 20, 2010 6:00 P.M. City Hall Yonkers, New York

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PRESENT: JOSEPH CIANCIULLI, Chairman ANTHONY LANDI, (Member) JAMES BLANCHARD, Member DIANE PEARSON, Member NANCY LITTLE, Member LEVAR BURKE, Member HARRY SINGH, Member WILLIAM SCHNEIDER, Building Department CHRISTOPHER FELDMAN, Asst.Corporation Counsel

DOUGLASS REPORTING COMPANY 50 MAIN STREET WHITE PLAINS, NEW YORK 10601 914-946-1276

Page 2 1 Proceedings 2 INDEX 3 DECISIONS 4 #5157-Smith Buss & Jacobs, 322 Yonkers Avenue 8 #5192-Andrew Romano, 115 Beech Street 142 5 #5203-Luis Saiz, 1 Plymouth Avenue 13 #5204-Andrew Romano, 10 Lanark Road 151 6 #5211-John Michael DeGennaro, 760 Warburton Ave 78 #5212-Louis Spizziro, 37 Orchard Street 18 7 #5213-Wally Sinclair, 13 Vineyard Avneue 25 8 ADJOURNED CASES 9 #5177- Snyder & Snyder, 1-3 Remsen Road 7 #5206-James Veneruso, 792 McLean Avenue 7 10 #5207-Andrew Romano, 153 Warburton Avenue 7 #5215-Andrew Romano, 28 South DeVoe Avenue 7 11 #5216-Andrew Romano, 251 McLean Avenue 7 12 13 CONTINUED HEARINGS 14 NEW HEARINGS 15 #5218-Andrew Romano, 263 Plymouth Avenue 71 #5219-Andrew Romano, 1323 Nepperhan Avenue 44 16 #5220-Mitchell Koch, 166 Gailmore Avenue 83 #5221-Walter Gorman, 145 aka 143 Bronx River Road 87 17 #5222-James Veneruso, 68 Durham Road 102 #5223-Andrew J. Balint, 132 Frederic Street 31 18 #5224-James Veneruso, 900 Central Park Avenue 131 #5225-Alfred DelBello, 808 Central Park Avenue 170 19 20 EXTENSIONS #4773- 32 Tompkins Avenue 21 #4837-1589 Midland Avenue #5156-2 Scarsdale Road 22 #5183-105 Candlewood-Changed Condition #7 #4971 & #4972-Sommerville Place 23 #4602- 1 Webster Avenue 24 25 Page 3 1 Proceedings 2 THE CHAIRMAN: Ladies and 3 gentlemen, the Zoning Board of Appeals meeting 4 for April 20, 2010 is now in session. Will the 5 members please introduce themselves starting with 6 Ms. Pearson. 7 MS. PEARSON: Diane Pearson. 8 MR. BLANCHARD: James Blanchard. 9 MR. LANDI: Anthony Landi. 10 MR. BURKE: Lavar Burke. 11 MS. LITTLE: Nancy Little. 12 THE CHAIRMAN: I'm Joseph 13 Cianciulli, I'm Chairman of the Board. Mr. Singh 14 is not here, I don't know if he's going to come 15 tonight. To my immediate left is Corporation 16 Counsel represents the Board, Christopher 17 Feldman. To my right, Deputy Building 18 Commissioner William Schneider. And I think 19 Commissioner Ellman is coming in a little while, 20 he's the Planning Commissioner. 21 Would everybody please stand for 22 the Pledge of the Allegiance lead by 23 Mr. Schneider. 24 (Pledge of Allegiance) 25 THE CHAIRMAN: I just wanted to Page 4 1 Proceedings 2 say I think we have Councilman Terrero here, the 3 Councilman from the Second District who is here 4 tonight. Thank you for coming in. 5 Just a few rules, rule number one 6 is we don't allow talking in the chambers. If 7 you're going to talk in the chamber, even 8 whisper, I'm going to ask you to get out. Go 9 outside and talk. There is no talking in the 10 chamber. Next thing is if you have a cell phone 11 put it on buzz, vibrate or turn it off. If it 12 goes off and I hear it it's coming up here with 13 me and you will get it back when I go home 14 tonight. The way the schedule looks tonight we 15 will probably be here until 10:00. You people 16 don't want to stay with me until 10:00. As 17 Chairman of the Board, I reserve the right to 18 take the cases in any way I choose. 19 Do I have a motion to accept the 20 minutes from the last meeting, Mr. Landi? 21 MR. LANDI: Mr. Chairman, just a 22 few minor corrections. 23 THE CHAIRMAN: Okay. 24 MR. LANDI: On page 17, line 23; 25 page 26, line 21; page 31, line 17; page 53, line Page 5 1 Proceedings 2 six, the number 13 should read 30. On page 104, 3 line 15 the number 13 should read 18. On page 4 117, lines two and three, page 119, line five, 5 the number 13 should read 18. On page 154, line 6 13 the number 25 should read 0.25. Thank you, 7 Mr. Chairman. 8 THE CHAIRMAN: Do I have a motion 9 to accept the minutes as amended? 10 MR. BURKE: Second. 11 THE CHAIRMAN: Everybody in favor 12 say aye. 13 (Chorus of Ayes) 14 THE CHAIRMAN: Opposed? Motion 15 carried 6-0. In order to get to some of the 16 hearings tonight I spoke to Mr. Romano a couple 17 minutes ago, usually we do decisions first thing 18 at night. Is there anybody here tonight on 322 19 Yonkers Avenue? Mr. Simari is here, that's the 20 motel. We will put that decision over until the 21 end of the meeting. Is there anybody here 22 tonight on 5177, 57 Newport Road, that's a cell 23 tower, we have been putting that off for the last 24 six months. That's over also. Anybody here on 25 5192, 115 Beech? Nobody, okay. Is anybody here Page 6 1 Proceedings 2 tonight on Plymouth Avenue? Okay. We will have 3 a decision on that in a little while. I see 4 Mr. Snyder just came in so we will have a 5 decision for you in a little while. Is there 6 anybody here tonight on 10 Lanark Road? We will 7 put that over until the end of the hearing. 8 Anybody here tonight on 792 McLean Avenue, 5206? 9 We will have some questions for that in a few 10 minutes. Anybody here tonight on 5207, 153 11 Warburton Avenue Warburton? Anybody here tonight 12 on 760 Warburton? Is there anybody here tonight 13 on 5212, 37 Orchard Street? We will have a 14 decision in a little while. Anybody here on 63 15 Vineyard? Anybody here tonight on 28 South 16 DeVoe? Anybody here tonight on 251 McLean 17 Avenue? 18 So the decisions tonight will be 19 one for Mr. Simari, 322 Yonkers Avenue, one for 20 Mr. Saiz, 1 Plymouth Avenue and 1740 Central 21 Avenue. And one for Mr. Spizzirro, 37 Orchard 22 Street. The rest of them we will wait until the 23 end. 24 I'm going to make a motion to put 25 case 5215 over to next month; case 5216 over to Page 7 1 Proceedings 2 next month; case 5177 over; and case 5207. Do I 3 have a second? 4 MR. BURKE: Second. 5 (Mr. Singh is now present) 6 THE CHAIRMAN: Everybody on the 7 motion say aye. 8 (Chorus of Ayes) 9 THE CHAIRMAN: Mr. Singh would you 10 introduce yourself please? 11 MR. SINGH: Harry Singh. 12 THE CHAIRMAN: Thank you. 13 The lawyer representing 792, can 14 I see you please, Mr. Simari. 15 I will make a motion to put case 16 5206 over. Do I have a second? 17 MR. BURKE: Second. 18 THE CHAIRMAN: On the motion 19 everybody in favor say aye. 20 (Chorus of Ayes) 21 THE CHAIRMAN: Opposed? That case 22 is over. The first decision tonight, Mr. Romano, 23 we're going to put some of these cases over, you 24 heard that? 25 MR. ROMANO: Yes. Page 8 1 Proceedings 2 THE CHAIRMAN: First decision 3 tonight is going to be Mr. Simari, 322 Yonkers 4 Avenue, case 5157. 5 MR. LANDI: Mr. Chairman? 6 THE CHAIRMAN: Mr. Landi? 7 MR. LANDI: Case number 5157, 8 Smith Buss & Jacobs on behalf of Bharat Gandhi, 9 owner, to create 14 new suites and a storage area 10 to the existing motel. Exceeding maximum height 11 of retaining wall within minimum side yard per 12 Section 43-43F and 43-41D(3), six foot required, 13 18 foot plus or minus proposed. Exceeding 14 maximum height of fence, as per Section 43-43F 15 and 43-41D(3), four foot maximum permitted, six 16 foot proposed, on premises known as 322 Yonkers 17 Avenue, Block 388, Lot 100, Zone I. 18 The premises is located on 19 Yonkers Avenue adjacent to an unimproved woodland 20 area owned by the County of Westchester and the 21 exit ramp from the Cross County Parkway. This 22 property is currently proposed to be a three 23 story hotel which has been operation for many 24 years. The Board's previous decision had 25 concerns regarding parking. However, the Page 9 1 Proceedings 2 following decision is strictly addressing the 3 request for the area variance with regard to 4 retaining wall and fence heights. 5 I make a motion to approve the 6 request for area variance subject to conditions 7 based on facts, findings, information and 8 testimony presented to this Board at the public 9 hearing, site visits by members of the Zoning 10 Board or otherwise obtained. 11 In making its determination, the 12 Zoning Board of Appeals shall take into 13 consideration the benefit for the applicant 14 and/or owner if the variance is granted as 15 weighed against the detriment of the health, 16 wealth, safety of the neighborhood or community 17 by such grant. In make such determination the 18 Board shall also consider the following: 19 One, whether undesirable changes 20 will be produced in the character of the 21 neighborhood or detriment to nearby properties 22 will be created by granting of the area variance. 23 The premises is surrounded by a 24 major arterial, Yonkers Avenue, unimproved 25 woodlands and exit ramp from Cross County Page 10 1 Proceedings 2 Parkway. Granting the requested area variance 3 will not produce an undesirable change in the 4 character of the neighborhood or detriment to 5 nearby properties. 6 Two, whether the benefit sought 7 by the applicant and/0r owner can be achieved by 8 some other method feasible for the applicant or 9 owner to pursue other than an area variance. 10 The owner/applicant has 11 attempted to secure adjacent property to mitigate 12 the requested variance but to no avail. The 13 benefit sought cannot be achieved by some other 14 feasible met other than area variance. 15 Three, whether the requested area 16 variance is substantial. The Board does not 17 consider the requested area variance to be 18 substantial based on the property available and 19 the steep slopes. 20 Four, whether the proposed 21 variance will have an adverse effect on physical 22 or environmental conditions in the neighborhood 23 or district. 24 The existing building footprint 25 will remain the same. The construction of the Page 11 1 Proceedings 2 proposed retaining wall will produce minor 3 physical changes to the premises. However, 4 granting the requested variance will not have an 5 adverse effect on the physical or environmental 6 conditions of the neighborhood or district. 7 Five, whether the alleged 8 difficulty was self-created. The alleged 9 difficulty was self-created which consideration 10 organization is relevant to the decision, but 11 shall not necessarily preclude the granting of 12 the area variance subject to conditions. 13 The Board grants the requested 14 area variance based on plans submitted to the 15 Zoning Board of Appeals and subject to the 16 following conditions: 17 One, the applicant and/or 18 property owner shall provide to this Board within 19 45 days from April 20, 2010, a certified 20 affidavit that all real estate taxes due have 21 been paid to date and whether any certiorari 22 proceedings are underway. 23 Two, the applicant and/or 24 property owner shall apply for building permit 25 and pay all appropriate fees and/or fines to the Page 12 1 Proceedings 2 Department of Housing and Buildings, City of 3 Yonkers within 60 days from April 20, 2010. 4 Three, any change in occupancy 5 of the building or property must come back to the 6 Zoning Board for public hearing and decision and 7 any additional use to the property must come back 8 to the Zoning Board of Appeals for public hearing 9 and decision. 10 Four, these conditions shall be 11 specified on the Certificate of Occupancy and the 12 applicant and/or property owner shall permit 13 inspection at the discretion of the Department of 14 Housing and Buildings, City of Yonkers, at least 15 once every calendar year for purposes of 16 determining that the conditions are being 17 satisfied. 18 Five, shall the applicant or 19 property owner not comply with, breach or violate 20 any of the conditions at any time, the variance 21 approval is hereby rescinded and authorizes the 22 Department of Housing and Buildings, City of 23 Yonkers, to take appropriate action. 24 Six, all expenses associate with 25 these conditions shall be the responsibility of Page 13 1 Proceedings 2 the applicant and/or property owner. 3 Mr. Chairman? 4 THE CHAIRMAN: Thank you, Mr. 5 Landi. Do I have a second on the motion? 6 MR. BLANCHARD: Second. 7 THE CHAIRMAN: On the motion, Ms. 8 Pearson? 9 MS. PEARSON: For the motion 10 THE CHAIRMAN: Mr. Blanchard? 11 MR. BLANCHARD: For the motion 12 THE CHAIRMAN: Mr. Landi? 13 MR. LANDI: For the motion. 14 THE CHAIRMAN: Mr. Burke? 15 MR. BURKE: For the motion. 16 THE CHAIRMAN: Mr. Singh? 17 MR. SINGH: For the motion. 18 THE CHAIRMAN: Mrs. Little? 19 MS. LITTLE: For the motion. 20 THE CHAIRMAN: Chairman votes for 21 the motion, motion is carried 7-0. 22 The next decision is 5203, 1 23 Plymouth Avenue, also known as 1740 Central Park 24 Avenue. Do I have decision tonight? 25 MR. LANDI: Mr. Chairman? Page 14 1 Proceedings 2 THE CHAIRMAN: Mr. Landi? 3 MR. LANDI: Case number 5203, 4 area variance, Luis Saiz, architect, on behalf of 5 1740 Central Avenue, LLC, owner, to expand the 6 existing rear parking area. Whereas, parking 7 within five feet of all property lines is not 8 permitted, proposed one foot scaled, as per 9 Section 43-44B(5). Parallel parking shall be 20 10 feet in length, end space, as per Section 11 43-134(9) and exceeding the maximum height of a 12 retaining wall and minimum rear yard, required 13 six feet, proposed eight foot six inches, as per 14 Section 43-43F on premises known as 1 Plymouth 15 Avenue, Block 4612, Lot 26, Zone BR. 16 The premises is a dentist's 17 office owned by Doctor Chu. The existing parking 18 area has spaces for seven vehicles. Proposed 19 plan, Sheet A-1, revised February 21st, 2010 20 shows eight parking spaces. As specified, half 21 of the available parking spaces are utilized by 22 the doctor and employees. Although the variance 23 requested pertains to a height of proposed 24 retaining wall, the retaining wall is necessary 25 to create an additional parking space, but as Page 15 1 Proceedings 2 testified impacts on the adjoining property. 3 I make a motion to deny the 4 request for the area variance based on facts, 5 findings, and information presented to this Board 6 at the public hearing, site visits by members of 7 the Zoning Board or otherwise obtained. 8 In making this determination the 9 Zoning Board of Appeals shall take into 10 consideration the benefits of the applicant 11 and/or owner if the variance is granted, as 12 weighed against health, safety, welfare of the 13 neighborhood or community by such grant. In 14 making such determination, the Board shall also 15 consider the following: 16 One, whether an undesirable 17 change will be produced in the character of 18 neighborhood or detriment to nearby properties 19 will be created by granting of the area variance. 20 As specified, the adjoining 21 property owners are concerned with tree removal, 22 currently a buffer to Central Park Avenue, and 23 soil erosion by removing existing retaining wall, 24 soil and trees. The Planning Director in his 25 report to the ZBA concurs with the above concern. Page 16 1 Proceedings 2 The Board believes that granting the requested 3 variance will produce a detriment to nearby 4 properties. 5 Two, whether the benefit sought 6 by the applicant and/or owner can be achieved by 7 same other method feasible for the applicant 8 and/or owner to pursue, other than the area 9 variance. 10 The Board believes the 11 applicant/owner can achieve improving the present 12 parking situation by some other method other than 13 an area variance. Perhaps, the employees can 14 seek alternative parking thus freeing up off 15 street parking for patients during office hours. 16 The existing parking lot can be 17 improved with new pavement and pavement lining 18 showing spaces available, including a handicap 19 space and by the placement of signs. 20 Three, whether the requested area 21 variance is substantial. Based on the Potential 22 impact on the adjoining property, the granting of 23 the requested variance for one additional 24 off-street parking space is considered 25 substantial. Page 17 1 Proceedings 2 Four, whether the proposed 3 variance will have an adverse effect on the 4 physical or environmental conditions of the 5 neighborhood or district. The Traffic Engineer's 6 report indicated a granting of the requested 7 variance would result in additional vehicles in 8 the street and possible damage to the pedestrians 9 and/or vehicles in the lot. The Board believes 10 that granting the requested variance will have an 11 adverse effect and will not mitigate park 12 conditions in the neighborhood. 13 Five, whether the alleged 14 difficulty was self-created. The alleged 15 difficulty was self-created. Mr. Chairman? 16 THE CHAIRMAN: Thank you, Mr. 17 Landi. Do I have a second on the motion? 18 MR. BLANCHARD: Second. 19 THE CHAIRMAN: On the motion, Ms. 20 Pearson? 21 MS. PEARSON: For the motion 22 THE CHAIRMAN: Mr. Blanchard? 23 MR. BLANCHARD: For the motion 24 THE CHAIRMAN: Mr. Landi? 25 MR. LANDI: For the motion. Page 18 1 Proceedings 2 THE CHAIRMAN: Mr. Burke? 3 MR. BURKE: For the motion. 4 THE CHAIRMAN: Mr. Singh? 5 MR. SINGH: For the motion. 6 THE CHAIRMAN: Mrs. Little? 7 MS. LITTLE: For the motion. 8 THE CHAIRMAN: Chairman votes for 9 the motion, motion is carried 7-0. 10 Next case we're going to have a 11 decision tonight is case number 5212, 37 Orchard 12 Street. Do I have a motion, please? 13 MR. LANDI: Mr. Chairman? 14 THE CHAIRMAN: Mr. Landi? 15 MR. LANDI: Case number 5212, use 16 and area variance, Luis Spizzirro on behalf of 17 Vito Bevilacqua, owner, to legalize the existing 18 commercial storage garage and office. Whereas, 19 cable television subcontracting office is not 20 permitted in the residential zone as per Yonkers 21 Zoning Ordinance Table 43-1. Having insufficient 22 lot area, required 15,000 square feet, proposed 23 6,250 square feet, as per Section 43-27, Table 24 43-3. Insufficient lot width, required 150 feet, 25 proposed 50 feet, as per Section 43-27, Table Page 19 1 Proceedings 2 43-3. Insufficient rear yard, required 25 feet, 3 proposed zero, as per Section 43-27, Table 43-3. 4 Insufficient side yard, required 12 feet/24 feet 5 total, proposed .5 feet/.5 feet total, as per 6 Section 43-27, Table 43-3. Insufficient parking 7 for commercial office, required six spaces, 8 proposed five spaces, as per Section 43-128, 9 Table 43-4, on premises known as 37 Orchard 10 Street, Block 2079, Lot 6, Zone A. 11 As testified, the subject 12 premises has been operated as a commercial 13 storage garage and office for over 50 years. 14 First as Gronno Plumbing and then in 1961 as 15 Diamond Auto Service Company with five employees 16 and three trucks. Then in March 2007, as Star 17 Digital Communications with 30 employees and some 18 10 to 15 pick-up trucks and vans. The hours of 19 operation, as testified at the public hearing and 20 confirmed in a March 22, 2010 correspondence from 21 Luis Spizzirro, Esquire are Monday through Friday 22 7:00 a.m. to 9:00 p.m., Saturday 8:00 a.m. to 23 7:00 p.m., Sunday 10:00 a.m. to 6:00 p.m.. The 24 applicant proposes to provide six off street 25 parking spaces as shown in drawing A-0 dated Page 20 1 Proceedings 2 9/16/09. 3 I make a motion to deny the 4 request for the continued use variance and area 5 variance based on facts, findings and information 6 presented to this Board at the public hearings 7 and site visit by members of the Zoning Board or 8 otherwise obtained. 9 In making this determination, the 10 Zoning Board of Appeals shall take into 11 consideration the benefit to the applicant and/or 12 owner if the variance is granted as weighed 13 against the health, safety and welfare of the 14 community by such grant. In making such 15 determination on the area variance the Board 16 shall also consider the follow: 17 One, whether undesirable changes 18 will be produced in the character of the 19 neighborhood or a detriment to nearby properties 20 will be created by the granting of the area 21 variance. 22 As testified by several of the 23 nearby property owners and residents; and as 24 documented in photos, the Star Digital 25 Communication Cable Company has been a nuisance Page 21 1 Proceedings 2 to the area since they arrived. Granting the 3 requested variance will continue the detriment to 4 the nearby properties. 5 Sight visits by the Board confirm 6 the City Planning Director and the Traffic 7 Engineer's analysis that there is insufficient 8 parking for the use contemplated. 9 Two, whether the benefit by the 10 applicant or owner can be achieved by some other 11 method feasible for the applicant and/or owner to 12 pursue, other than an area variance. 13 The owner or applicant can persue 14 seeking other properties within Yonkers which are 15 more suitable to this type of operation other 16 than the requested area variance for this 17 property. 18 Three, whether the requested area 19 variance is substantial. The Zoning Board 20 considers the 42 percent reduction in lot area; 21 the 133 percent reduction in lot width; and no 22 rear yard or side yards to be substantial. 23 Four, whether the proposed 24 variance will have an adverse effect on the 25 physical or environmental conditions of the Page 22 1 Proceedings 2 neighborhood. 3 As testified in the record, the 4 current cable company operation has created 5 noise, lights shining into adjacent property, 6 trash, major on street parking problems and 7 blocking of the driveways. The City Traffic 8 Engineer's report states, "It is our opinion that 9 the granting of this variance will have a 10 negative effect on parking and traffic conditions 11 in the immediate vicinity." 12 Five, whether the alleged 13 difficulty was self-created. The alleged 14 difficulty was self-created. 15 With regard to the use variance, 16 the applicant cannot realize a reasonable return, 17 provided that lack of return is substantial as 18 demonstrated by financial evidence. 19 The owner/applicant did not 20 testify nor provide any financial evidence to 21 justify granting the requested the use variance. 22 Two, the alleged hardship 23 relating to the property in question is unique, 24 and does not apply to a substantial portion of 25 the neighborhood. Page 23 1 Proceedings 2 The owner/applicant did not 3 testify nor provide evidence to justify granting 4 the requested use variance. 5 Three, the requested use 6 variance, if granted, will not alter the 7 essential character of the neighborhood. 8 The owner/applicant did not 9 testify nor provide evidence to justify granting 10 the requested use variance. However, neighbors 11 did testify at length and detail as to a 12 continued negative effect of the applicant's 13 operation on the character of the immediate 14 neighborhood. 15 Four, the alleged hardship has 16 not been self-created. The alleged hardship was 17 self-created. 18 The ZBA believes there are other 19 opportunities within the City of Yonkers more 20 suitable other than requesting a use variance. 21 Mr. Chairman? 22 THE CHAIRMAN: Thank you, Mr. 23 Landi. Do I have a second on the motion? 24 MS. PEARSON: Second. 25 THE CHAIRMAN: On the motion, Ms. Page 24 1 Proceedings 2 Pearson? 3 MS. PEARSON: For the motion 4 THE CHAIRMAN: Mr. Blanchard? 5 MR. BLANCHARD: For the motion 6 THE CHAIRMAN: Mr. Landi? 7 MR. LANDI: For the motion. 8 THE CHAIRMAN: Mr. Burke? 9 MR. BURKE: For the motion. 10 THE CHAIRMAN: Mr. Singh? 11 MR. SINGH: For the motion. 12 THE CHAIRMAN: Mrs. Little? 13 MS. LITTLE: For the motion. 14 THE CHAIRMAN: Chairman votes for 15 the motion, motion is carried 7-0. 16 Is there anyone here tonight on 17 Beech? That's going to go over. Is there 18 anybody here tonight on Lanark? We will have a 19 decision at the end of the night. We put over 20 792 McLean. We put over 153 Warburton. Is 21 anybody here on 760 Warburton? Did anybody come 22 in on 63 Vineyard? 23 VOICE: Yes. 24 THE CHAIRMAN: Are you the owner? 25 A VOICE: No. Page 25 1 Proceedings 2 THE CHAIRMAN: Are you the 3 gentleman that presented the case? 4 VOICE: Yes. 5 THE CHAIRMAN: Okay, please sit 6 down. 7 Is there anybody here tonight 28 8 South DeVoe? Anybody here on 251 McLean? We 9 will take up one more decision since the 10 gentleman is here tonight. 11 That will be case 5213, 12 Mr. Sinclair on behalf of Jorge Lojano, 63 13 Vineyard. Do I have a motion, please? 14 MR. BLANCHARD: Mr. Chairman? 15 THE CHAIRMAN: Mr. Blanchard? 16 MR. BLANCHARD: Mr. Chairman, case 17 number 5213, area variance, Wally Sinclair on 18 behalf of Jorge Lojano, owner, on premises known 19 as 63 Vineyard Avenue, Block 2086, Lot 41 in an M 20 Zone. 21 The applicant seeks an area 22 variance for the above referenced property to the 23 proposed first and second floor addition to the 24 existing residence. The existing house does not 25 conform to the City of Yonkers lot width and yard Page 26 1 Proceedings 2 setback requirements. The proposed addition to 3 the existing residence encroaches into the 4 required side and rear yard setbacks. Assessment 5 of the benefit of the applicant as weighed 6 against the detriment of the health, safety and 7 welfare of the neighborhood or community, this 8 addition will benefit the family living in this 9 residence and the house will be upgraded with 10 safety conditions which will be in the follow 11 report. 12 Mr. Chairman, based on facts and 13 findings submitted to the Zoning Board of Appeals 14 at the public hearing or otherwise obtained, the 15 visits to the property by members of the Zoning 16 Board of Appeals, I make a motion to grant this 17 area variance to Mr. Wally Sinclair on behalf of 18 Jorge Lojano, owner, on premises known as 63 19 Vineyard Avenue, Block 2086, Lot 41 in an M zone. 20 Mr. Chairman, to grant this area 21 variance it requires to satisfy five points of 22 law: 23 Point one, whether an undesirable 24 change will be produced in the character of the 25 neighborhood or detriment to nearby properties Page 27 1 Proceedings 2 will be created by the granting of this area 3 variance. 4 The granting of this area 5 variance will not produce an undesirable change 6 in character of the neighborhood or detriment to 7 the nearby properties. The proposed addition 8 will be within the scale of the existing 9 neighborhood. Also, the new front elevation will 10 be aesthetically pleasing to the community. As 11 quoted by Mr. Martin Doherty, Traffic Engineer 12 for the City of Yonkers, "the proposed addition 13 to this single family home will not increase the 14 number of dwelling units and will therefore not 15 affect the number of parked vehicles. Therefore, 16 it is our opinion that the granting of this 17 variance will have no effect on parking and 18 traffic conditions in the immediate vicinity. 19 Point number two, whether the 20 benefit sought by the applicant can be achieved 21 by some other method feasible for the applicant 22 to pursue other than an area variance. 23 The undersized lot and residence 24 does not allow adequate living space for the 25 family. Adequate living space cannot feasibly be Page 28 1 Proceedings 2 created without encroachment into the yard 3 setbacks. 4 Point number three, whether the 5 requested variance is substantial. The requested 6 variance is not substantial given the existing 7 conditions of the site and the neighboring 8 residences. The existing adjoining residence 9 also does not conform with the setback 10 requirements and is of similar condition. 11 Point number four, whether the 12 proposed variance will have an adverse effect or 13 impact on the physical or environmental 14 conditions of the neighborhood or district. 15 The sight, like most residences 16 is located in an elevated area. All soil erosion 17 control measures will be employed to ensure 18 there's no adverse impact on the community. 19 There is a building permit to remove the existing 20 retaining wall and will be replaced by the new 21 addition to prevent any soil erosion or any 22 problems within the adjoining properties. 23 Point number five, whether the 24 alleged difficulty was self-created which 25 consideration shall be relevant to the decision Page 29 1 Proceedings 2 of the Board of Appeals, but shall not 3 necessarily preclude the granting of this area 4 variance. 5 The nonconforming lot and 6 structure does not meet the yard setback 7 requirements in Section 43-27, Table 43-3 in 8 accordance with the City of Yonkers Zoning. 9 There is no self-created hardship created due to 10 the pre-existing condition. 11 Mr. Chairman, we wish to grant 12 this area variance under the following 13 conditions: 14 Condition number one, that all 15 fire, health, environmental, safety, building and 16 zoning codes be adhered to at all times by the 17 applicant and/or owner. 18 Point number two, smoke, fire 19 carbon monoxide detectors be installed throughout 20 the house and the system will be a hard wired 21 application. 22 Point number three, the premises 23 will remain a one family dwelling with one 24 kitchen and no in-law or boarding house set up. 25 Point number four, that no Page 30 1 Proceedings 2 business shall operate from this premises. 3 Point number five, a yearly 4 inspection by the City of Yonkers Building 5 Department be permitted by the applicant and/or 6 owner. 7 Point number six, that all, if 8 any, back real estate taxes be paid within 45 9 days of this hearing. 10 Point number seven, that the 11 above conditions be stated on the Certificate of 12 Occupancy when it is issued. Thank you, 13 Mr. Chairman. 14 THE CHAIRMAN: I'm going to add 15 something to that Mr. Blanchard if it's okay 16 with you. Another condition, a roof be put on 17 the existing garage, two new garage doors within 18 the next six months. Is that okay with you, 19 Mr. Blanchard? 20 MR. BLANCHARD: That's fine. 21 THE CHAIRMAN: Okay. Do I have a 22 second on the motion as amended? 23 MR. BLANCHARD: Second. 24 THE CHAIRMAN: On the motion, Ms. 25 Pearson? Page 31 1 Proceedings 2 MS. PEARSON: For the motion 3 THE CHAIRMAN: Mr. Blanchard? 4 MR. BLANCHARD: For the motion 5 THE CHAIRMAN: Mr. Landi? 6 MR. LANDI: For the motion. 7 THE CHAIRMAN: Mr. Burke? 8 MR. BURKE: For the motion. 9 THE CHAIRMAN: Mr. Singh? 10 MR. SINGH: For the motion. 11 THE CHAIRMAN: Mrs. Little? 12 MS. LITTLE: For the motion. 13 THE CHAIRMAN: Chairman votes for 14 the motion, motion is carried 7-0. Thank you. 15 Mr. Balint, case 5223, 16 improvement of a nonconforming use, Andrew J. 17 Balint, Esquire on behalf of Miroslav Kuzmiak, 18 owner, to construct a sunroom addition in the 19 rear of an existing two-family semi-attached 20 dwelling. Whereas, an improvement to a 21 nonconforming use requires Zoning Board of 22 Appeals approval as per Section 43-21.G. 23 Reconstruction of structure used by a 24 nonconforming use as per Section 43-21E, requires 25 Zoning Board of Appeals approval, on premises Page 32 1 Proceedings 2 known as 132 Frederic Street, Block 2435, Lot 27 3 in an M zone. 4 Mr. Balint, identify yourself, 5 please? 6 MR. BALINT: Andr3ew Balint, 1 7 North Lexington Avenue, White Plains, New York, 8 for Mr. Kuzmiak. 9 THE CHAIRMAN: Has everybody 10 within a 200 foot radius been notified, sir? 11 MR. BALINT: Yes, they have. 12 THE CHAIRMAN: Anything come back 13 undeliverable? 14 MR. BALINT: I have one I will 15 hand deliver. 16 THE CHAIRMAN: I failed to realize 17 the Planning Commissioner is here, Commissioner 18 Ellman. Is there anybody here tonight on this 19 case? This case backs up to Edwards Avenue, it's 20 on Frederick Street, backs up to Edwards Street. 21 Anybody here on this case? Would you like to 22 step up, Madam, so you can hear better. 23 THE CHAIRMAN: Mr. Balint proceed, 24 please. 25 MR. BALINT: Mr. Chairman, members Page 33 1 Proceedings 2 of the Board, this application is for relief from 3 the requirements of the Zoning Ordinance of the 4 City of Yonkers and is in the nature of an appeal 5 from the Building Application Review issued by 6 the Department of Housing and Buildings on 7 February 1, 2010. The subject property is 8 situated in an M zone district in which one and 9 two-family dwellings as well as apartment houses 10 of medium density can be constructed and 11 occupied. 12 The subject property has a 13 frontage on Frederick Street of 26.31 feet and a 14 frontage on Edwards Place of 28.27 feet. The 15 average depth of the lot is a little in excess of 16 90 feet. The configuration of the property is 17 shown on a copy of a portion of the survey map 18 which was prepared when the construction of the 19 attached two-family dwellings on the subject 20 premises and the lots adjoining to the south took 21 place. As you can see from the examination of 22 that map, there's one structure on lot 27 and 28 23 which includes a concrete block wall separating 24 the two two-family dwellings. The subject 25 property is lot 27. Page 34 1 Proceedings 2 Now, these structures are known 3 as attached houses or attached dwellings, and 4 they were permitted under the Zoning Ordinance 5 that existed at the time they were constructed. 6 They are not permitted under the new ordinance, 7 and accordingly, they are a nonconforming uses. 8 In order to obtain a permit from the Department 9 of Housing and Buildings to construct the small 10 addition to the rear which actually we placed an 11 existing one story porch, the approval of this 12 Board is required. 13 The applicable provision is 14 Sub-division G of Section 43-21 which allows the 15 owner of a nonconforming property to make limited 16 changes to the building whereby, through 17 landscape screening and buffer areas, control of 18 noise, smoke, odors, lighting, architectural 19 changes, location and layout of parking lots and 20 access drives external adverse effects are 21 diminished, provided you so approve. Although 22 the Building Application also refers to 23 Sub-division E of Section 43-21, that section 24 does not apply because the applicant is not here 25 as a result of having suffered damage by fire or Page 35 1 Proceedings 2 other causes. 3 The application itself is brought 4 pursuant to Section 43.145 Sub-division K which 5 authorizes this Board to review and approve with 6 modifications or disapprove a plan for the 7 improvement of a nonconforming use, building or 8 structure in accordance with Section 43-21G. 9 With respect to that 10 Sub-division G of Section 43-21, I respectfully 11 submit, there is no improved property behind the 12 applicant's property within Block 2435 because 13 the property runs from Frederic to Edwards Place. 14 Accordingly, there is no need to do any landscape 15 screening or create any buffer areas. 16 The noise, smoke, odors and lighting 17 emanating from a two-family dwelling are 18 extremely minimal. 19 The design of the proposed one 20 story addition is consistent with the existing 21 architecture of the structure. 22 There is no need to increase 23 existing parking facilities. 24 The use of the building remains 25 the same, namely two-family. Page 36 1 Proceedings 2 And the access drive has already 3 been established and does not need to be altered 4 because of the construction of this new addition. 5 The application is not one for 6 an area variance nor is it one for a use 7 variance. The structure was erected pursuant to 8 codes and ordinances that existed at the time of 9 the initial construction. As stated, this is an 10 application pursuant to those previously 11 mentioned subdivisions. 12 I respectfully submit that the 13 application is in accord with the guiding 14 principles set forth in the Zoning Ordinance and 15 consistent with the Master Plan for the 16 development of this area. I respectfully request 17 that the application be granted. 18 THE CHAIRMAN: How long has your 19 client owned this piece of property? 20 MR. BALINT: I believe, I know it 21 was in the'90's. It's on the application sheet. 22 I didn't represent him. 23 THE CHAIRMAN: In the'90's? 24 MR. BALINT: I believe. 25 THE CHAIRMAN: That's okay,'90's Page 37 1 Proceedings 2 is okay. I will take that for an answer. 3 MR. BALINT: '99. 4 THE CHAIRMAN: How many families 5 live there? 6 MR. BALINT: Two families. 7 THE CHAIRMAN: How many kitchens? 8 MR. BALINT: Two. 9 THE CHAIRMAN: Any bathrooms in 10 the basement? 11 MR. BALINT: One, because the 12 apartment is in the basement. And the other two 13 floors constitute the owners' residence. 14 THE CHAIRMAN: How many electric 15 meters? 16 MR. BALINT: Two. I'm told -- let 17 me put it this way because I questioned the 18 applicant. 19 THE CHAIRMAN: Don't let me go up 20 there and see three, I'm telling you now, you're 21 saying two? 22 MR. BALINT: That's what I was 23 told. 24 THE CHAIRMAN: I will take you for 25 that. Taxes paid in full? Page 38 1 Proceedings 2 MR. BALINT: To my knowledge, yes. 3 I can ascertain that. 4 THE CHAIRMAN: The extension is 5 already built and you are taking that extension 6 down and putting a new extension up, am I 7 understanding that? 8 MR. BALINT: That is on the 9 existing CO, shows a porch in the rear. 10 THE CHAIRMAN: And the two car 11 garage down below? 12 MR. BALINT: Accessible. 13 THE CHAIRMAN: One car for each 14 apartment? 15 MR. BALINT: That is correct. 16 THE CHAIRMAN: Any questions of 17 the Board? Mr. Landi? 18 MR. LANDI: Are you using the same 19 footprint of the existing porch? 20 MR. BALINT: I believe that is the 21 case. If it's larger it isn't by much. I can 22 get you the exact dimensions comparative level of 23 what's existing and what's shown on the plans. 24 MR. LANDI: I see on the plan, I 25 can't tell what's existing and what's proposed. Page 39 1 Proceedings 2 MR. BALINT: There is no dimension 3 on the survey map so I can't compare the two. I 4 can do it by scale. Doesn't look more than eight 5 feet existing. 6 THE CHAIRMAN: Do you want the 7 dimensions, Mr. Landi? 8 MR. LANDI: I'd like to ask 9 Mr. Schneider, is there any problem with the rear 10 yard setbacks? I was curious, if there is any 11 concerns regarding the rear yard setbacks? Looks 12 like there's plenty of room in the rear yard? 13 MR. SCHNEIDER: I'd have to look 14 at the plan. 15 MR. LANDI: My concern is that if 16 the footprint is larger than what's existing if 17 there are additional variances? 18 MR. SCHNEIDER: Plenty rear yard. 19 We didn't cite it on the review. 20 THE CHAIRMAN: You're okay, Mr. 21 Landi? 22 MR. LANDI: Yes, Mr. Chairman. 23 THE CHAIRMAN: Okay, Commissioner. 24 Any other questions of the Board? Is there 25 anybody here tonight to speak in favor of this Page 40 1 Proceedings 2 application? Is there anybody here tonight to 3 speak in opposition? Are you against it? 4 MS. ORLANDO: I'm against it, yes. 5 THE CHAIRMAN: There's a few 6 procedures. Are you an attorney? 7 MS. ORLANDO: No. 8 (MS. ORLANDO Sworn) 9 THE CHAIRMAN: State your name and 10 address. 11 MS. ORLANDO: Gloria Orlando, 136 12 Frederic Street, Yonkers, New York 10703. 13 THE CHAIRMAN: Are you the 14 occupant of the house right next door? 15 MS. ORLANDO: Yes. 16 THE CHAIRMAN: I don't know if the 17 people didn't hear me, there's no talking in the 18 chamber. Proceed Madam? 19 MS. ORLANDO: I'm against this. 20 My husband and I lived in that house, the first 21 house on the street. Then the other houses next 22 door which are duplexes. That one was fairly 23 close to my house and now it's going to interfere 24 with my property and my comfort building that 25 extension on that piece that they're doing. To Page 41 1 Proceedings 2 day they dumped cement blocks there so there's 3 going to be more construction than has been 4 advised to me. I brought pictures to show the 5 closeness and interfere with the sunlight and 6 make my house darker and uncomfortable and make 7 it either reduce the value of my home which is 8 why I'm here to contest this variance. 9 THE CHAIRMAN: Do you want to give 10 me those pictures? I will take them. 11 THE CHAIRMAN: May I see you, Mr. 12 Landi? 13 (Bench Conference) 14 THE CHAIRMAN: Would you like to 15 say anything else to the Board, Ma'am? 16 MS. ORLANDO: I would like to 17 enjoy the twilight of my years. I'm retired, I'm 18 a widow. My home is my castle, I raised my 19 children there, I don't want any interferences to 20 make my life uncomfortable at the expense of 21 those people. That's what I'd like to say. 22 THE CHAIRMAN: Any questions of 23 this lady by the Board? Thank you, Madam. 24 THE CHAIRMAN: Mr. Balint? 25 MR. BALINT: I just want to Page 42 1 Proceedings 2 comment that I am kind of surprised by 3 Mrs. Orlando. When she will called me up when 4 she got the notice and I described everything to 5 her at that time she indicated no problem. I 6 explained what is there now, a one story 7 extension is going to be eliminated and another 8 one in its place. So I don't know what 9 significant impact that would create. 10 THE CHAIRMAN: Mr. Balint, you 11 have been here a long time, you know the public 12 has a right, whether she called you up and said 13 this or that, she's here tonight. 14 MR. BALINT: I understand that. 15 THE CHAIRMAN: That's what the 16 answer is. I just answered you. You have been 17 here as long as I have. By the way, we're going 18 to keep these photos as evidence. 19 Mr. Balint, just familiarize 20 myself, there's a porch up there now, they want 21 to take that porch down and do exactly the same 22 porch, just make it winterized? 23 MR. BALINT: Without the dimension 24 existing, the proposed is 10 feet seven inches, 25 the plan shows the proposed new family room to be Page 43 1 Proceedings 2 10 feet seven inches. The only thing faces 3 Mrs. Orlando's, there will be a window on that 4 extension facing that way. Otherwise, what's 5 there now is basically what's going to be there. 6 THE CHAIRMAN: The word, 7 basically, the one they are going to put up is 8 the same size as the one that's there now or is 9 it larger? 10 MR. BALINT: If it is larger it's 11 not by much. But I don't have the dimension on 12 the survey to show existing. But I know the new 13 one is 10 feet seven inches. 14 THE CHAIRMAN: What you're going 15 to do is send us a new plan, survey, to show us 16 the dimensions of that. 17 MR. BALINT: I can get that from 18 the architect. 19 THE CHAIRMAN: Get two things, get 20 what's there now and what's going to be there. 21 Okay? You can put the side yards on and back 22 yard measurements, too. 23 MR. LANDI: We should know, make 24 sure if there are any additional variances 25 required. So show side yard and rear yard Page 44 1 Proceedings 2 distances. 3 THE CHAIRMAN: If there is any new 4 one we will take it up right now so you don't 5 have to come back. 6 MR. BALINT: Just looking at the 7 existing survey, looks like the rear yard is 8 about 35 to 40 feet? 9 THE CHAIRMAN: I agree with you, 10 but we're trying to help on you this? 11 MR. BALINT: I understand. Is 12 there any questions of Mr. Balint? Would you 13 like to sum-up, sir? 14 MR. BALINT: No, thank you, 15 Mr. Chairman. 16 THE CHAIRMAN: This case is hereby 17 closed. Reserve the right to reopen any reason 18 whatsoever anytime whatsoever that includes after 19 decision. 20 Miss Orlando, there will not be a 21 decision tonight. You're welcome to go home if 22 you want. 23 Mr. Romano? Next case is 5219, 24 Mr. Romano, area variance on behalf of Rui Jorge, 25 owner, to construct a new family dwelling. Page 45 1 Proceedings 2 Exceeding maximum permitted height as per Section 3 43-27, Table 43-3, required two and a half story, 4 proposed three stories, basement considered a 5 story per G.O., General Ordinance 7-2009. 6 Insufficient rear yard as per Section 43-27, 7 Table 43-3, Section 43-33L(2), requires 20 feet, 8 proposed 18.75 feet, plus or minus. Insufficient 9 front yard as per Section 43-27 Table 43-3, 10 Section 43-33J(2), requires 29.49 feet plus or 11 minus, average alignment, proposed is 26.58 plus 12 or minus. Proposed structure encroaches within 13 the minimum required side setback plane on both 14 sides as per G.O., General Ordinance Number 15 7-2009H(a), variance required, on premises known 16 as 1323 Nepperhan Avenue, Block 3378, Lot number 17 6, in a T zone. 18 Mr. Romano, identify yourself, 19 please? 20 MR. ROMANO: Andrew Romano, 21 attorneys offices 20 South Broadway, Yonkers, New 22 York on behalf of the applicant. 23 THE CHAIRMAN: Mr. Romano, has 24 everybody within a 200 foot radius been notified, 25 sir? Page 46 1 Proceedings 2 MR. ROMANO: Yes, Mr. Chairman. 3 THE CHAIRMAN: Anything come back 4 undeliverable? 5 MR. ROMANO: I did receive one 6 return. 7 THE CHAIRMAN: You will give that 8 to the Commissioner at the end of the hearing? 9 MR. ROMANO: Yes. 10 THE CHAIRMAN: Is there anybody 11 here tonight on this case? This case is on the 12 corner of King Street and Executive Boulevard. 13 Right next to it and Nepperhan Avenue. Is there 14 anybody here tonight on this case? We can 15 accommodate some people up here. 16 Proceed, please. 17 MR. ROMANO: My client is the 18 owner of the premises since 2009. The premises 19 are a two-family vacant lot located in a T zone 20 that is recently apportioned and approved by the 21 City of Yonkers. 22 The applicant seeks to build a 23 new two-family house on the lot, but due to the 24 property's location in a flood zone it does 25 prevent proper use of the premises which is why Page 47 1 Proceedings 2 we're here before the Board. We're being told 3 that even though this house would be a basement, 4 first floor, second floor, because it's in the 5 flood zone we're being told that the basement is 6 included as a story. As a result we have to go 7 higher in order to eliminate the flood zone 8 problem. 9 We believe that this area 10 variance should be approved based on the 11 following information: that the variance cannot 12 be obviated, the applicant, as I said, cannot 13 excavate the basement of the premises since it's 14 in the flood zone, to reduce the use of the 15 basement area and increase higher is permitted 16 even though the height of the building still will 17 be less than 35 feet permitted in a T zone. The 18 size of the lot is only 75 foot deep making it 19 difficult to make proper lot size. Normally we 20 have 50 by 100 on T zone, this is actually 75 by 21 75. In my report indicates approximately 1.75 22 feet in the rear yard, that's partially based on 23 the 75 foot deep. Also a design to keep it in 24 line with the houses that are adjoining my 25 client's property. Now the front yard line is Page 48 1 Proceedings 2 due to the adjoining dwellings that is not within 3 the control of the applicant. The variances on 4 the insufficient rear yard are not substantial, 5 need only 1.25 feet, which we believe is minimal 6 and only 6.25 would be proposed. As I said 7 before, it's in line with the adjacent property. 8 Insufficient front yard actually, exceeds the 25 9 foot setback requirement on the property. But as 10 you know, the front yard alignment you have to 11 try to align with the properties on either side. 12 That is outside of my client's control even with 13 that, we still exceed the 25 foot front yard 14 setback requirement by approximately 1.58 feet. 15 So, in essence, we meet code in the front if it 16 wasn't for the location of the adjoining houses. 17 Even though the building height does exceed, as I 18 said, the two and a half story, it does meet code 19 in that it does not exceed 35 foot high zoning 20 requirements. 21 The premises are in character of 22 the neighborhood. Does consist of one and 23 two-family dwellings on similar and different 24 size lots as reflected in the area map. The lot 25 area would be similar in size, as reflected in Page 49 1 Proceedings 2 site visits, photos and maps of the area. 3 Reflects the common character of the houses in 4 the area. No adverse physical environmental 5 impact in the area. The building will be a 6 two-family dwelling in a T zone which is a 7 permitted use. Otherwise comply with all 8 building, housing, safety, environmental codes as 9 the plans reflect, and will provide proper 10 off-street parking. 11 One of the main reasons for this 12 is because the garage is located in the area of 13 the ground floor or basement, as they say in the 14 objection letter, which we believe would avoid 15 use of the side yard and use of the rear yard and 16 allow parking to be allowed on the premises due 17 to the garage. This is one of the main reasons 18 why the height is required, the two and a half 19 versus three story. As a result of allowing this 20 parking, we would have sufficient air, light 21 greenery on the inside of the property. If this 22 parking for garage was removed then obviously we 23 would have a different problem, we'd have more 24 asphalt. We don't believe that's good. 25 Hardship not self-created due to Page 50 1 Proceedings 2 the topography of the land, flood zone. 3 Balancing the factors for an 4 area variance, we think the benefit to the 5 applicant, the fact to build a house on the 6 premises are substantial, financially 7 substantial, to properly legalize the lot without 8 any detriment to the surrounding area. And my 9 client is here to answer any questions. 10 Thank you. 11 THE CHAIRMAN: When did your 12 client buy the property? 13 MR. ROMANO: December of 2009, Mr. 14 Chairman. 15 THE CHAIRMAN: December 2009? 16 MR. ROMANO: Yes. 17 THE CHAIRMAN: You represented 18 him? 19 MR. ROMANO: Yes, sir. 20 THE CHAIRMAN: When was the 21 apportionment done? 22 MR. ROMANO: Apportionment was 23 done and approved in the year 2009 by, I believe, 24 the previous owner's name is John Kahill and the 25 apportionment was approved back in 2009. In Page 51 1 Proceedings 2 fact, I think it was approved the end of the 3 October or end of November. 4 THE CHAIRMAN: On the house next 5 to it, how many families live there? 6 MR. ROMANO: We don't own that. I 7 don't know, Mr. Chairman? 8 THE CHAIRMAN: You don't own the 9 house? 10 MR. ROMANO: Mr. Kahill sold that 11 house prior to selling this lot. 12 THE CHAIRMAN: On the house -- 13 MR. ROMANO: The proposed house. 14 THE CHAIRMAN: The proposed house, 15 I'm sorry, you're putting the basement in, the 16 height is seven and a half feet? 17 MR. ROMANO: I will bring my 18 client up. It would be easier. 19 THE CHAIRMAN: Sure. Are you an 20 attorney, sir? 21 MR. JORGE: No, I'm not. 22 (MR. JORGE Sworn) 23 THE CHAIRMAN: State your name and 24 address. 25 MR. JORGE: Rui Jorge, 2075 Page 52 1 Proceedings 2 Quinnlan Street, Yorktown Heights, New York. 3 THE CHAIRMAN: What is the height 4 of the basement, sir? 5 MR. JORGE: Seven feet. 6 THE CHAIRMAN: I noticed in the 7 basement here you have got a full bath. 8 MR. JORGE: Yes, I was planning on 9 putting, I guess, my parents so they can use it 10 and not have to climb stairs when they do visit 11 in the yard back and forth. 12 THE CHAIRMAN: Now you say that 13 you're putting the basement in here, you're in 14 the floodplain here, correct? 15 MR. JORGE: Yes. 16 THE CHAIRMAN: Why would you put a 17 basement in if you're going to have a flood? 18 MR. JORGE: It's an elevated 19 basement. I would put the basement in the ground 20 four foot required Fema flood zone is not 21 allowing me to do any basement above the flood 22 zone. So this is in coordination with the Fema 23 code on a flood zone level. We have to be above 24 that. 25 THE CHAIRMAN: Any questions of Page 53 1 Proceedings 2 the Board? Mr. Landi? 3 MR. LANDI: Mr. Chairman, to Mr. 4 Romano, have you done an elevation survey, a 5 flood elevation survey? 6 MR. JORGE: Yes. 7 MR. LANDI: What does the 8 elevation show in the 100 year flood? 9 MR. JORGE: What is shown? I'm 10 sorry. 11 MR. LANDI: What I am asking, THE 12 flood zone, the elevation. I happen to know this 13 area very well, I'd like to know what the flood 14 elevation is? 15 MR. ROMANO: I don't have it, on 16 the plan it mentions a flood zone at the top and 17 it mentions -- 18 MR. JORGE: It's 113 feet is the 19 flood zone level. So we have to be above that. 20 MR. ROMANO: It's on the front 21 page of the plan, top right. I'm sorry, it's on 22 the survey, not reflected on the plan, but I will 23 provide that to the Board. 24 MR. LANDI: Can you provide the 25 Board with a copy of that survey? Page 54 1 Proceedings 2 MR. ROMANO: Absolutely. I'm 3 sorry, the lower left of the plan, first page. 4 MR. JORGE: 113 is the flood zone 5 elevation. Ground floor we're proposing 115 6 which is three feet above that. 7 THE CHAIRMAN: Mr. Landi? 8 MR. LANDI: I got my answer, 9 thank you, Mr. Chairman. 10 THE CHAIRMAN: Any other questions 11 of the Board? Mrs. Little? 12 MS. LITTLE: I'm looking at the 13 proposed ground floor plan. I'm confused. You 14 go from the garage into the proposed -- I'm sure 15 they misspelled this, p-u-e-s-t room. 16 MR. ROMANO: Which side? 17 . 18 MS. LITTLE: The right-hand side. 19 Are the stairs going down? Are the stairs going 20 up? 21 MR. JORGE: This is designed for a 22 two family where the right portion of the 23 two-family, which like a duplex part of the 24 apartment on the right would actually opens above 25 the garage, walk down the haul to the left and up Page 55 1 Proceedings 2 the stairs to the first floor level. 3 MS. LITTLE: Is that the guest 4 room? 5 MR. JORGE: No, this goes up to 6 the first floor level. 7 MS. LITTLE: I'm looking at the 8 ground floor, the guest room. So actually the 9 stairs are going up or the stairs are going down? 10 MR. JORGE: The staircases go up 11 going from the ground level. 12 MS. LITTLE: Ground level is the 13 garage slightly up to the next landing? 14 MR. JORGE: To get to the guest 15 room you're actually -- the owner would be on the 16 left side and what ends in the garage and that's 17 how you access the guest room, and also access 18 the staircase to go up to the first floor 19 apartment on the left. 20 MS. LITTLE: Is the guest room 21 below or same level of the garage? 22 MR. JORGE: The guest room is 23 probably about a foot above the garage level. 24 MS. LITTLE: Slightly up the 25 stairs? Page 56 1 Proceedings 2 MR. JORGE: Just one step from the 3 garage up to that level. 4 MS. LITTLE: Then further up the 5 stairs going up? 6 MR. JORGE: The stairs you see in 7 the middle both go up to the first floor. 8 MS. LITTLE: But they are 9 separated one from another? 10 MR. JORGE: Yes. 11 MS. LITTLE: Even though there is 12 an indication of a door opening here, I see from 13 the guest room to another space, recreation room? 14 MR. JORGE: A recreation room and 15 guest room is accessed through the hallway from 16 the front on the left. Basically the building is 17 split in half all the way up. 18 MS. LITTLE: There is a door 19 accessible from one? 20 MR. JORGE: Just in the basement 21 area. Up above it's two separate units, left and 22 right. 23 MS. LITTLE: Thank you. That's 24 it. 25 THE CHAIRMAN: Mr. Burke? Page 57 1 Proceedings 2 MR. BURKE: So we understand the 3 basement is going to be part of one side? 4 MR. JORGE: Yes. 5 MR. BURKE: The whole basement? 6 So the basement then will belong to the owner of 7 the right side? 8 MR. JORGE: The left side. 9 MR. BURKE: And the garage, both 10 garages would be utilized by both? 11 MR. JORGE: That's correct. One 12 would be for one apartment and the other for the 13 other apartment. 14 MR. BURKE: The basement would be 15 for the owner? 16 MR. JORGE: Yes. 17 MR. BURKE: There's only a 18 bathroom down there, right? 19 MR. JORGE: Correct. 20 MR. BURKE: Thank you. 21 THE CHAIRMAN: Any other questions 22 of the Board? Mrs. Pearson? 23 MS. PEARSON: I'm a little 24 confused. What is the P-u-e-s-t room? 25 MS. LITTLE: It's misspelled. Page 58 1 Proceedings 2 MR. ROMANO: Guest room. 3 THE CHAIRMAN: Any other questions 4 of the Board? Whose recreation room is it? 5 Which apartment? 6 MR. JORGE: It would be for the 7 left apartment, for the owners. That would be 8 myself. 9 THE CHAIRMAN: For the owner? 10 MR. JORGE: Yes. 11 THE CHAIRMAN: Any other questions 12 of the Board? Mr. Romano, would you like to say 13 something, sir? 14 MR. ROMANO: No, sir, not at this 15 time. 16 THE CHAIRMAN: Thank you very 17 much. Mr. Burke, I'm sorry? 18 MR. BURKE: Maybe this is a 19 question for Mr. Schneider. This is a 20 two-family, can it be severed at any point? 21 MR. ROMANO: You mean separate 22 ownership? 23 MR. SCHNEIDER: They can apply, 24 but of course they would need additional 25 variances. But no it cannot be approved as of Page 59 1 Proceedings 2 right, no. 3 THE CHAIRMAN: Any other questions 4 of the Board? Thank you, Mr. Romano. Is there 5 anybody here tonight in favor of this 6 application? Is there anybody here tonight in 7 opposition to this application? This lady right 8 here at the end. Are you an attorney, Madam? 9 MS. MORGAN: No, sir. 10 (Speaker Sworn) 11 THE CHAIRMAN: State your name 12 address. 13 MS. MORGAN: Elizabeth Morgan, 42 14 Truman Avenue, Yonkers. 15 THE CHAIRMAN: Proceed? 16 MS. MORGAN: I have a couple 17 questions. I heard Mr. Romano say that the 18 height will not exceed the limit and yet 19 according to the letter we received it exceeds 20 the maximum permitted height. That's one of 21 them. 22 The entire structure is going to 23 extend beyond the parameter what is currently 24 allowed for the zone. It would not fit within 25 the parameters. Page 60 1 Proceedings 2 Another thing I have to question 3 is for perhaps 30, 40 years there was an inground 4 swimming pool that went into that property. 5 Within the past year it was taken out and filled. 6 That land cannot have compacted sufficiently to 7 be equal to the rest of the land and can 8 something be put up on something as unequal as 9 that? And the overall size of the thing is just 10 going to overwhelm our neighborhood and impact on 11 the space of light and air surrounding it. I 12 think the entire thing is just too much for that 13 particular property and I would request that the 14 application be denied. 15 THE CHAIRMAN: Are there any 16 questions of this lady? Thank you, Madam. 17 Anybody else to speak in opposition? Yes, ma'am? 18 Are you an attorney, ma'am? 19 MS. JANOV: No. 20 (Speaker Sworn) 21 THE CHAIRMAN: State your name and 22 address. 23 MS. JANOV: My name is Phyllis 24 Janov, 54 Truman Avenue, Yonkers, New York 10703. 25 THE CHAIRMAN: Proceed, Madam. Page 61 1 Proceedings 2 MS. JANOV: I would like to 3 present you with this petition signed by over 100 4 people. The petition states, we the undersigned 5 residents in the vicinity of the property 6 identified as 1323 Nepperhan Avenue, Yonkers, New 7 York, Block 3378, Lot 6, wish to register our 8 protest to the construction of the two-family 9 dwelling as described in the petition for a 10 variance. The size of the proposed dwelling will 11 overwhelm the area, will encroach on the space of 12 existing residences, all built to code, and will 13 diminish the values of our properties. We 14 urgently request this variance be denied. 15 Thank you. 16 THE CHAIRMAN: Any questions of 17 this lady? I will take that if you want to give 18 it to me. 19 THE CHAIRMAN: Let the record 20 reflect I'm putting the petition into evidence. 21 Anybody else here to speak in opposition? Mr. 22 Romano, would you like to sum-up? 23 MR. ROMANO: Very briefly. 24 Essentially, the property itself has two-family 25 houses in the area itself. We meet code in terms Page 62 1 Proceedings 2 of the use. We meet code for the front yard 3 setback except for the fact the front yard line 4 exceeds code only 1.25 feet in back. So we're 5 not -- it's not overwhelming to build a house, 6 two-family house in that type of zone of this 7 nature. It is a buildable lot. This was 8 proposed as the best way to develop the property 9 not to make it big. It's not -- it meets 10 requirements for property, square footages, and I 11 don't see anything that was presented tonight 12 that would indicate that it's a substantial 13 violation, objection at all. Thank you, 14 Mr. Chairman. 15 THE CHAIRMAN: You have a lot of 16 people here objecting to it. 17 MR. ROMANO: That's fine. I 18 haven't heard anyone say anything, we all know 19 community opposition has to be based on 20 something. Thank you. 21 THE CHAIRMAN: This case is hereby 22 closed. Is there anybody else that wants to 23 speak in opposition? Are you an attorney, sir? 24 MR. SOTO: No. 25 (Speaker Sworn) Page 63 1 Proceedings 2 THE CHAIRMAN: State your name and 3 address. 4 MR. SOTO: My name is Jose Soto 5 1323 Nepperhan Avenue, Yonkers 10703. 6 THE CHAIRMAN: Proceed, please. 7 MR. SOTO: My wife and I are the 8 ones that purchased the house. I believe lot one 9 through four that is adjacent to this existing 10 lot and we purchased the home knowing the zoning 11 regulations. So basically, my wife and I are 12 against any variances, as well as members of the 13 community that have come forward. 14 THE CHAIRMAN: So you're against 15 the variance? 16 MR. SOTO: Yes, because apparently 17 it's going to be building on the side and going 18 toward the back, as well and a little bit higher 19 than the other houses in the area. 20 THE CHAIRMAN: Okay, anybody else 21 here to speak in opposition? Mr. Burke? 22 MR. BURKE: Sir, if you're facing 23 the subject property of Nepperhan Avenue where is 24 your house? 25 MR. SOTO: My house is right on Page 64 1 Proceedings 2 the corner, it's listed, you can drive up to the 3 house, the numbers say 1325 but on the paperwork 4 I believe it's lot one through four and his is 5 four through six. This is on the paper we have, 6 1323 Nepperhan Avenue. We purchased the home 7 February 21st, 2010. 8 MR. BURKE: Thank you. 9 THE CHAIRMAN: Anybody else to 10 speak in opposition? Are you an attorney, sir? 11 MR. BOSCO: No. 12 (Speaker Sworn) 13 THE CHAIRMAN: State your name and 14 address. 15 MR. BOSCO: My name is John Bosco, 16 623 Belleview Avenue, North Yonkers, New York. 17 THE CHAIRMAN: Proceed, please? 18 MR. BOSCO: I came this evening to 19 be in support to neighbors. I'm a member of the 20 neighborhood association. The values of the 21 houses, I haven't really heard anything tonight 22 that really makes it sound like the proposed 23 house is really going to be that much out of the 24 character with what's already there, but I think 25 it would be a good thing to have the requested Page 65 1 Proceedings 2 variance denied so that either the homeowner can 3 make a presentation to the neighbors that would 4 convince them that the variance he's requesting 5 is not going to change the character of the 6 neighborhood. A person buys a piece of property 7 means they have a right to build on it and put 8 their home on it. A lot of preparation went into 9 planning with regard to the flood zone and all 10 that stuff and permission for garage and 11 everything like that, but it seems to me to 12 create a neighborhood and community it would be a 13 good first step to attempt to make a presentation 14 to the neighbors that is convincing so everyone 15 can go forward within the community since this 16 new addition will be an enhancement rather than 17 eyesore. 18 THE CHAIRMAN: Any questions of 19 this gentleman? Thank you. Anybody else to 20 speak in opposition? Sir. Are you an attorney? 21 MR. FITZGERALD: No. 22 (Speaker Sworn) 23 THE CHAIRMAN: State your name and 24 address. 25 MR. FITZGERALD: Douglas G. Page 66 1 Proceedings 2 Fitzgerald, 1354 Nepperhan, Yonkers, New York 3 10703. My concern is there is one family, two 4 families, overall one family homes in the 5 neighborhood and where this house is going to be 6 one families surrounding. My concern is a 7 two-family, although it looks good, it ends up 8 being a rental unit and that would bring the 9 neighborhood down and that's what I have to say. 10 So I'm against it. 11 THE CHAIRMAN: That's why I asked 12 him about the bathroom in the basement. 13 MR. FITZGERALD: Exactly, a 14 kitchen will come after. 15 THE CHAIRMAN: That's why I asked 16 about the bathroom in the basement. Any 17 questions of this gentleman? Thank you, sir. 18 Mr. Romano, do you want to step up and sum-up 19 again? 20 MR. ROMANO: I don't think it's 21 necessary, Mr. Chairman, but we will take 22 advantage of meeting with the community and 23 exchange phone numbers. 24 THE CHAIRMAN: Here is the story, 25 you're going to meet with the community, is that Page 67 1 Proceedings 2 what you're telling me? 3 MR. ROMANO: Yes. 4 THE CHAIRMAN: So we're going to 5 have to have appoint a person you're going to 6 meet with. Maybe somebody closer to make sure 7 the neighbors within 200 foot radius get there. 8 MR. ROMANO: I understand, he's a 9 member of the association. 10 THE CHAIRMAN: State your name 11 again. 12 MR. BOSCO: John Bosco. 13 THE CHAIRMAN: You understand what 14 I'm saying? You're going to get a hold of these 15 people within the 200 foot radius. Don't pick on 16 people on Bellevue Avenue, make sure you get 17 people on Truman Avenue and Nepperhan, I know the 18 neighborhood, believe me. 19 Do you have something new to say 20 to me? Are you an attorney? 21 MS. YEDOWITZ: No. 22 (Speaker Sworn) 23 THE CHAIRMAN: State your name and 24 address. 25 MS. YEDOWITZ: Lynda Yedowitz, 30 Page 68 1 Proceedings 2 Edison Avenue, Yonkers 10706. 3 THE CHAIRMAN: Proceed, please. 4 MS. YEDOWITZ: I just wanted to 5 suggest that we can meet with the neighborhood 6 association board. I think that would be a 7 better view of all the neighbors and all the 8 contacts would be there rather than just a 9 neighborhood association member. 10 THE CHAIRMAN: I'm concerned that 11 the people within 200 foot radius are at this 12 meeting. That's what I am concerned about. If 13 you want to make it the Grey Oaks Board, I have 14 no problem with that at all. That would be up to 15 you, Mr. Romano, and the gentleman just up here. 16 I'm telling you right now the people in the 200 17 foot radius would be included. 18 MS. YEDOWITZ: That's why I wanted 19 to do it. Our neighborhood association is very 20 much concerned about that part of town. 21 THE CHAIRMAN: Mr. Romano, so you 22 understand that this gentleman will be your point 23 person and this lady has recommended you meet 24 with the Board of Grey Oaks Association, I'm 25 telling you right now you better include the Page 69 1 Proceedings 2 people within the 200 foot radius. I'm going to 3 ask that when you come back. 4 This is now hereby continued 5 until next month. Leave the signs up and send 6 out new notices. They don't have to be 7 certified. 8 MR. ROMANO: Yes. This case 9 hereby continued to next month. That probably 10 will be the third Tuesday in May. 11 MR. BLANCHARD: Mr. Chairman? 12 THE CHAIRMAN: Mr. Blanchard? 13 MR. BLANCHARD: I'd like to ask 14 Mr. Schneider a question to do with this case. 15 Is there such a thing as one family house with an 16 in-law set up? 17 MR. SCHNEIDER: Not permitted. 18 MR. BLANCHARD: So if Mr. Jorge 19 moves, this automatically becomes a two-family 20 house? 21 MR. SCHNEIDER: It's a two-family 22 house now. 23 MR. BLANCHARD: Is this what the 24 neighborhood is concerned about? The concern was 25 if he rents the house to somebody that doesn't Page 70 1 Proceedings 2 own it will those people take care of that house? 3 I think that's one of the biggest concerns here. 4 MR. SCHNEIDER: I don't know, he 5 doesn't have to live there. There is no 6 requirement for him to live there. It's just a 7 two-family dwelling. 8 MR. BLANCHARD: But he wants to 9 put his in-laws downstairs. 10 MR. SCHNEIDER: It's permitted to 11 have a sleeping area in the basement. It's part 12 of the apartment above. It's just part of the 13 apartment, becomes almost like a duplex. It's 14 permitted. It's not an in-law set up. In-law 15 set up includes a kitchen which this does not 16 have. That's something the Board can of course 17 consider permitting at some future time. 18 MR. BLANCHARD: I think one of the 19 biggest concerns tonight if this house is sold 20 and not lived in by people that don't own it. I 21 think that's where one of the problems come up. 22 Okay, thank you very much. 23 THE CHAIRMAN: Okay, 24 Mr. Blanchard? 25 MR. BLANCHARD: Yes, thank you. Page 71 1 Proceedings 2 THE CHAIRMAN: This case hereby 3 continued like I said before, third Tuesday in 4 May. 5 MR. ROMANO: I understand it's May 6 18, Mr. Chairman. 7 THE CHAIRMAN: Thank you, ladies 8 and gentlemen. 9 Next case is Mr. Romano area 10 variance 5218, on behalf of Franco Milio, owner, 11 to reconstruct an existing retaining wall. 12 Whereas, fences and walls, including walls must 13 not exceed four feet in height in a required 14 front yard setback or in any other required 15 setback abutting a street and six feet in height 16 within any other required yard setback, as per 17 Section 43-41.D.3.a Proposed wall is 11 feet 18 high, variance required, on premises known as 263 19 Palisade Avenue, Block 2091, Lot 15, MG zone. 20 Mr. Romano, everybody within a 21 200 foot radius been notified, sir? 22 MR. ROMANO: Yes, sir, 23 Mr. Chairman. 24 THE CHAIRMAN: Anything come back, 25 sir? Page 72 1 Proceedings 2 MR. ROMANO: Two returns. 3 THE CHAIRMAN: You will give that 4 to the Commissioner at the end of the hearing? 5 MR. ROMANO: Yes, sir. 6 THE CHAIRMAN: Is there anybody 7 here tonight on this case? This case is on 8 Palisade Avenue, between Flagg Street and High 9 Street on the corner of High Street. Is there 10 anybody here tonight on this? This apartment is 11 on the west side. Proceed, Mr. Romano. 12 MR. ROMANO: Mr. Chairman, I'm 13 here on behalf of Rondos Properties who is the 14 owner of the premises since 2004. Premises is a 15 legal 16 unit dwelling apartment house with a 16 parking lot. The area consists of mostly 17 apartment houses and parking lots located in a MG 18 zone. Part of a retained wall connected to the 19 parking lot behind the premises is partially 20 collapsed. We're here before the Board today to 21 try to get the permission to rebuild that wall 22 which is a dangerous situation, maybe worse. We 23 believe this is not a substantial variance. The 24 applicant is only replacing part of the retaining 25 wall that existed over 50 years. The wall is Page 73 1 Proceedings 2 required because it's a graded rear, requires a 3 retaining wall to preserve the safety and 4 integrity of the parking lot, hold back the soil. 5 Reconstructing will remain in character of the 6 neighborhood since 1959 but is a use necessary 7 for use reflected on the site plans. The 8 variance cannot be obviated. Needed to hold back 9 soil and safety in the back of the parking lot 10 will get worse. We believe no adverse physical 11 environmental impact in the neighborhood. No 12 increase in occupancy, no increase for cars, no 13 additional structure being built. We will only 14 rebuild part of the wall that collapsed and fell 15 down in the back. We do not believe this is a 16 self-created hardship. The retaining wall is in 17 need of repair. Will not be a detriment to the 18 neighborhood, will provide needed renovation for 19 the site and benefit the applicant for the value, 20 safety, usability is substantial. Thank you, 21 Mr. Chairman. My client is here tonight. 22 THE CHAIRMAN: Is the wall on your 23 property? 24 MR. ROMANO: Yes. 25 THE CHAIRMAN: Mr. Landi? Page 74 1 Proceedings 2 MR. LANDI: Mr. Chairman, Mr. 3 Romano, I will refer you to drawing A-1 which 4 shows the site plan and it shows the metes and 5 bounds of the property line. Appears that the 6 wall looking at the left side is on the adjoining 7 property. Also, the Building Application Review 8 from the Building Department says, the corner of 9 the wall is on the adjacent property. 10 MR. ROMANO: The wall that 11 collapsed, part of the wall that collapsed 12 actually has fallen over. So part of that 13 collapsed part is not this wall which has had a 14 CO since 1959 approved by the Building Department 15 is on the premises. I can confirm this with a 16 letter from the architect and provide it to the 17 Board. 18 MR. LANDI: Mr. Romano, look at 19 A-1, please. 20 MR. ROMANO: On the top of the 21 site plan? 22 MR. LANDI: The site plan, upper 23 top left-hand corner. 24 MR. ROMANO: I see your point, Mr. 25 Landi, shows part of it may be on the other Page 75 1 Proceedings 2 property. We do have the permission of the 3 adjacent owner to allow this. When the wall was 4 originally built, my understanding was that it 5 was located on the property line. Part of this 6 collapse is obviously not on the property line 7 anymore. Appears part of it is and part is not. 8 I have to assume over 60 years it might have 9 pushed out when it collapsed. I understand based 10 on the drawing and Commissioner Ellman -- 11 MR. LANDI: I will refer to 12 counsel, Mr. Chairman, whether or not we can 13 approve something that's not on the person's 14 property. 15 THE CHAIRMAN: Before we get into 16 this, what part of the wall are you repairing, 17 Mr. Romano? Are you repairing the part that's on 18 you're property or what is not on your property? 19 MR. ROMANO: The corner, 20 Mr. Chairman, if you look. 21 THE CHAIRMAN: Just answer the 22 question, are you repairing the wall that's on 23 the other property or are you repairing the wall 24 on your property? 25 MR. ROMANO: The wall that is Page 76 1 Proceedings 2 being repaired is partially on our property. 3 THE CHAIRMAN: Partially not on 4 your property? 5 MR. ROMANO: And we have the 6 permission are the adjoining owner. 7 THE CHAIRMAN: Now we will get the 8 legal question answered, one second. We're going 9 to give you the opportunity, Mr. Romano, to go to 10 the other owner and get authorization that it's 11 okay for this wall to be on that property. 12 MR. ROMANO: Not a problem. 13 THE CHAIRMAN: I think you said to 14 me it was okay with them? 15 MR. ROMANO: Yes. 16 THE CHAIRMAN: Any other 17 questions? Mr. Landi? 18 MR. LANDI: No, Mr. Chairman. 19 THE CHAIRMAN: Any other questions 20 of the Board? Mr. Singh? 21 MR. SINGH: My question, what was 22 the reason for the retaining wall collapse? 23 THE CHAIRMAN: Are you an 24 attorney, Mr. Milio? 25 MR. MILIO: No, I'm not. Page 77 1 Proceedings 2 (Speaker Sworn) 3 THE CHAIRMAN: State your name and 4 address, please. 5 MR. MILIO: Franco Milio, 103 6 Ashburton Avenue, Yonkers New, York 10701. 7 THE CHAIRMAN: Proceed, please 8 answer the question. 9 MR. SINGH: My question to you is 10 what was the reason for the collapsed wall? 11 MR. MILIO: Based on my knowledge, 12 I have reason to believe water penetrated into 13 the asphalt where the blacktop and stone wall 14 meet and the architect explained that water froze 15 and burst the wall. 16 MR. SINGH: Thank you. 17 THE CHAIRMAN: Any other questions 18 of either Mr. Milio or Mr. Romano from the Board? 19 Do you have anything else to add, Mr. Romano? 20 MR. ROMANO: No, sir. 21 THE CHAIRMAN: Mr. Milio, anything 22 to add? 23 MR. MILIO: No thanks. 24 THE CHAIRMAN: Anybody here 25 tonight to speak in favor of this application? Page 78 1 Proceedings 2 Anybody here tonight to speak in opposition? Mr. 3 Romano, would you like to sum-up? 4 MR. ROMANO: No thank you, 5 Mr. Chairman. 6 THE CHAIRMAN: This case is hereby 7 closed. Reserve the right to reopen for any 8 reason whatsoever, any time whatsoever. That 9 includes after decision is made. 10 Mr. Romano, you better get that 11 notarization, and I should have that here 10 days 12 before the decisions. 13 I see a gentleman out here that 14 had a case, Is Mr. DeGennaro here? Our meeting 15 started 6:00, at that time I made an 16 announcement, nobody was here at that time but 17 I will give you a decision now. 18 Case 5211, 760 Warburton Avenue, 19 Mrs. Pearson? 20 MS. PEARSON: Mr. Chairman, on 21 case number 5211, area variance, John Michael 22 DeGennaro of Primo Properties, LTD, owner, to 23 demolish an existing fire damaged one family 24 dwelling and construct a new two-family dwelling. 25 Having insufficient lot width as per Section Page 79 1 Proceedings 2 43-27, Table 43-3. No side wall articulation 3 provided pursuant to Section 43-34H, variance 4 required, on premises known as 760 Warburton 5 Avenue, Block 3002, Lot 25, Zone M. 6 Based on the information supplied 7 at the public hearing and based on facts and 8 findings otherwise obtained by the Zoning Board 9 of Appeals and site visits by the Members of the 10 Zoning Board, I make a motion to grant the area 11 variance. 12 The applicants recently purchased 13 this uninhabitable fire damaged building. It had 14 been vacant for approximately five years since 15 the fire which left an ugly blight on the 16 neighborhood. The applicants, Primo Properties, 17 LTD, proposed to construct a two-family home. 18 The granting of an area variance 19 the Board must be satisfied on five points of 20 law: 21 Whether an undesirable change 22 would be created in the neighborhood or a 23 detriment to the nearby properties would be 24 caused by the granting of the variance. 25 The construction of a two-family Page 80 1 Proceedings 2 dwelling will only enhance and be in harmony 3 with the neighboring properties. 4 Two, whether the benefit sought 5 by the applicant can be achieved by some method 6 feasible other than the variance. 7 This lot is wedge shaped front, 8 width 50 feet and narrowing to the end of the 9 property, the back of the property. The variance 10 cannot be obviated. 11 Three, whether the requested 12 variance is substantial. The requested variance 13 is minimal, approximately two and a half feet. 14 Four, whether the proposed 15 variance will have an adverse effect or impact on 16 the physical or environmental conditions in the 17 neighborhood. 18 The removal of the burned out 19 vacant house and in term, a new construction 20 which will be architecturally pleasing to the eye 21 and curb appeal landscaping, will enhance the 22 physical and environmental conditions in the 23 neighborhood. 24 Five, whether the alleged 25 difficulty was self-created. This may be Page 81 1 Proceedings 2 self-created but that is one factor and does not 3 outweigh the merits of the application. 4 The Board imposes the following 5 conditions: 6 One, that all fire, building, 7 zoning and environmental codes, laws and 8 regulations must be adhered to at all times by 9 the owner. 10 Two, that smoke, fire, carbon 11 monoxide detectors be installed as per New York 12 State code throughout the two-family home, 13 including the garage. 14 Three, that this dwelling be only 15 a two-family with two kitchens only, no in-law or 16 boarding house set up. No bathroom in the 17 basement area. 18 Four, no businesses be operated 19 from this property. 20 Five, that a professional 21 engineer inspect the dwelling before CO is issued 22 as to its safety and report given to the Building 23 Department. 24 Six, that the Building Department 25 must be allowed access to inspect the premises Page 82 1 Proceedings 2 for compliance of Zoning Board conditions. 3 Seven, all taxes if any owed be 4 paid within 45 days of today. 5 Eight, new sidewalks and curbs on 6 Warburton Avenue before occupancy done by 7 applicant or owner and paid for by applicant or 8 owner. Thank you, Mr. Chairman. 9 THE CHAIRMAN: Thank you, Mrs. 10 Pearson. Do I have a second on the motion, 11 please? 12 MR. BLANCHARD: Second. 13 THE CHAIRMAN: On the motion, Ms. 14 Pearson? 15 MS. PEARSON: For the motion 16 THE CHAIRMAN: Mr. Blanchard? 17 MR. BLANCHARD: For the motion 18 THE CHAIRMAN: Mr. Landi? 19 MR. LANDI: For the motion. 20 THE CHAIRMAN: Mr. Burke? 21 MR. BURKE: For the motion. 22 THE CHAIRMAN: Mr. Singh? 23 MR. SINGH: For the motion. 24 THE CHAIRMAN: Mrs. Little? 25 MS. LITTLE: For the motion. Page 83 1 Proceedings 2 THE CHAIRMAN: Chairman votes for 3 the motion, motion is carried 7-0. Thank you. 4 Good luck to you. 5 The next case is case 5220, area 6 variance, Mitchell Koch, architect, on behalf of 7 Robert Kruger, owner, addition and alteration on 8 first floor to extend bedrooms, renovate bathroom 9 for handicap accessibility. Having insufficient 10 front yard as per Section 43-27, Table 43-3, 11 required 16.7, proposed 12.75 on premises known 12 as 166 Gailmore Drive, Block 4462, Lot 1, Zone 13 S-60. Are you an attorney, sir? 14 MR. KOCH: No, sir. 15 (Speaker Sworn) 16 THE CHAIRMAN: State your name and 17 address. 18 MR. KOCH: My name is Mitchell 19 Koch, address is 20 Marble Terrace, 20 Hastings-is-on Hudson, New York 1-7-6. 21 THE CHAIRMAN: Has everybody 22 within the 200 foot radius been notified, sir? 23 MR. KOCH: Yes. I have green 24 cards. And we received one undeliverable. 25 THE CHAIRMAN: Give that to the Page 84 1 Proceedings 2 Commissioner when the hearing is over, sir. Is 3 there anybody here tonight on this case? This 4 case is on Bonnie Briar and Heathcote Road. 5 MR. KOCH: No, it's on -- 6 THE CHAIRMAN: I know what it's 7 on. I run the meeting. It's on Heathcote Road 8 between Heathcote Road and Bonnie Briar on 9 Gailmore. I had this case about 10 months ago. 10 Is there anybody here tonight on this case? 11 Proceed, sir. 12 MR. KOCH: I'm the architect, not 13 an attorney, and I brought some drawings because 14 I was hoping that if some people from the 15 neighborhood came they would see what our 16 intentions are. 17 I'm here on behalf of the family, 18 the Fernandez family, they have a son who is 19 brain damaged and is completely wheelchair bound, 20 has no motor skills, needs a feeding tube, 21 colostomy bag. They came to me through another 22 client. They have an attorney who is a trustee 23 of their estate. He hired me. The initial 24 request was to provide an enlargement of the 25 bathroom so that the mother who is still Page 85 1 Proceedings 2 currently Bathing this kid in the bathtub, in a 3 seven by five bathroom would have room. So I 4 proposed they have a Lohman shower room. And 5 enlarged the hallway outside the bathroom which 6 was very small and very bad for turning a 7 wheelchair, or a shower chair. We enlarged the 8 bedroom for the kid, and also the adjacent 9 parents' bedroom who swapped with the kid to put 10 him next to the bathroom. 11 You can see we made every effort 12 to minimize our projection out forward by 13 offsetting and notching the property. In 14 addition, I brought this rendering of what it 15 will look like. Probably these are very small 16 scale additions on a very modest home. We're 17 talking about enlarging the ground floor by 25 18 percent, but we're projecting over the front yard 19 line by approximately three feet in every 20 location, in the worst locations. So we feel 21 that it actually enhances the front of the house. 22 It's a very nice addition. Very small scale. 23 Very cottage like. This family really needs our 24 help. This cannot be done anywhere else on the 25 property. Page 86 1 Proceedings 2 They have a large back yard. 3 They have the same situation on the Gialmore side 4 as they have on the Hazelton side. 5 Lastly, there is no way we can 6 put this upstairs. This kid is wheelchair bound 7 and if you go by the property you will see 8 there's a little ramp in the back door. 9 Everything is very tight and we did the best we 10 could to minimize it and keep it in character of 11 the neighborhood. 12 I just want to say this family is 13 great, they have a beautiful neat property and 14 everything is really first rate. They just have 15 a hardship of this kid who got a brain tumor when 16 he was one year old. 17 THE CHAIRMAN: I have to say you 18 did a good job in your principle points. Any 19 questions of the Board? Anything else to say to 20 me? 21 MR. KOCH: No. 22 THE CHAIRMAN: Anybody here in 23 favor? Anybody opposed? Case is hereby closed, 24 reserve the right to reopen at any time 25 whatsoever, any reason whatsoever. That includes Page 87 1 Proceedings 2 after decision. Thank you. 3 MR. KOCH: Who do I give these to? 4 THE CHAIRMAN: The Commissioner. 5 The next case is an area variance 5221, Walter T. 6 Gronan, professional engineer, Professional 7 Corporation, on behalf of Motiva Enterprises, 8 LLC, lessee, and Shell Service Station, owner, to 9 legalize a convenience store in a gasoline 10 service station. Having insufficient parking, as 11 per Section 43-128 and Table 4, required 13 12 spaces, proposed 12. Note, two spaces do not 13 comply dimensionally. Parking within 10 feet of 14 the building is not permitted as per Section 15 43-44.B.5, space number 11. Parking is not 16 permitted within the minimum front yard setback, 17 10 foot for a B zone, space number 12, on 18 premises known as 145 also known as 143 Bronx 19 River Road, Block 6251, Lot 13 and 15, in a B 20 zone. 21 Would you introduce yourself, 22 please? 23 MR. GRONAN: Good evening, 24 Mr. Chairman, Commission. I'm Walter GRONAN, 25 Engineer. Page 88 1 Proceedings 2 THE CHAIRMAN: Are you an 3 attorney? 4 MR. GRONAN: In fact, I'm not of 5 the New York State bar. 6 THE CHAIRMAN: What bar? 7 MR. GRONAN: State of Georgia and 8 District of Columbia bar. 9 THE CHAIRMAN: I will swear you 10 in. 11 (Speaker Sworn) 12 THE CHAIRMAN: State your name and 13 address again. 14 MR. GRONAN: My name is John 15 Gronan, 115-14 East Channel Drive, Rockaway Park, 16 New York. 17 THE CHAIRMAN: This cases on Bronx 18 River Road on the corner of Wakefield Avenue, 19 just north of New Place. The exit, southbound 20 exit, for the Bronx River Parkway comes right 21 out. Anybody here tonight on this? Would you 22 like to sit up here. Proceed, sir. 23 MR. GRONAN: This case arose when 24 we filed the application with the Building 25 Department to put up new signage on the site. At Page 89 1 Proceedings 2 that point we realized that the parking was 3 inadequate in several respects in that one of the 4 spaces -- well, first instead of the 13 spaces 5 we're required to have -- we were only able to 6 provide 12. Of those 12, two do not comply 7 with the city code of Yonkers. The first is the 8 parking space which is designated parking space 9 number 11. And that's out of compliance since 10 it's too close to the service building, less than 11 10 feet. The other parking space which is out of 12 compliance is parking space number 12, which is 13 situated within the front yard setback. 14 In my statement of principal 15 points I have outlined the reasons why we were 16 unable to provide these spaces. The first point 17 is that the property is unique involving a steep 18 sloping in the rear of the site. This prevents 19 us from utilizing that area. We would also note 20 that achieving parking requirements through a 21 reduction of the side in the service building 22 would be extremely cost prohibitive. 23 We feel that this is an extremely 24 modest change. Most of the spaces are located on 25 the side of the station and don't provide an Page 90 1 Proceedings 2 unseamly situation. The service station gives a 3 clean neat appearance. Also note that the 4 service station has been in operation since 1966 5 and there is no other way for us to satisfy the 6 code requirement of 13 spaces. 7 THE CHAIRMAN: Any questions of 8 this gentleman? Let me ask you a question. Do 9 you have permission to keep this store open 24 10 hours? 11 MR. GRONAN: No, sir. What I am 12 doing is, after this zoning case, I will be 13 filing a separate case for a special use permit 14 for the convenience store. As part of that case, 15 I would also like permission to operate from 16 12:00 midnight to 6:00 a.m. which would be a 24 17 operation. Currently does not have permission to 18 do that. 19 THE CHAIRMAN: Is it operating 20 now? 21 MR. GRONAN: I believe that it is. 22 We have informed Shell that this can't take place 23 while we're going ahead with this. I want to be 24 as honest as I appear here, I believe it's a 24 25 hour operation. I will contact them tomorrow Page 91 1 Proceedings 2 they cannot do that. 3 THE CHAIRMAN: How many square 4 feet is the convenience store, approximately? 5 MR. GRONAN: Approximately 130, I 6 believe. I might have an exact area on the plan. 7 THE CHAIRMAN: You're going to 8 keep that repair facility there? 9 MR. GRONAN: Yes, sir. 10 THE CHAIRMAN: And handicap signs 11 on the pump too, as well as the store? 12 MR. GRONAN: Yes. 13 THE CHAIRMAN: As I'm pulling into 14 station from the north I'm going down pulling 15 into the station the cars are on the south side, 16 is that correct? You have one handicap on the 17 north side on the right there which is a very 18 poor handicapped space. 19 MR. GRONAN: Yes, on Wakefield 20 Avenue. 21 THE CHAIRMAN: That is a very poor 22 handicap space. 23 MR. GRONAN: Would you like to see 24 it relocated to another location on the site? 25 THE CHAIRMAN: I'm saying I would Page 92 1 Proceedings 2 grant you permission to do this. You're going to 3 have to do something with the handicap space. 4 Doesn't look good at all. Mr. Landi? 5 MR. LANDI: I agree. We made a 6 site visit the other day, it was not in an 7 appropriate location. 8 THE CHAIRMAN: Not an appropriate 9 location. Now, up against the wall, the fence on 10 the south side looks like about five or six cars 11 there, a couple with no license plates. Are you 12 selling used cars? 13 MR. GRONAN: My understanding he's 14 not. As far as I know there is no used cars, no 15 sale of used cars at the site, but I will confirm 16 that. 17 THE CHAIRMAN: The lighting, does 18 that go off at night? If the station is open 24 19 hours I imagine the gas station is open 24 hours, 20 am I correct? 21 MR. GRONAN: Yes, I believe that's 22 the case. 23 THE CHAIRMAN: So the lights are 24 staying on? 25 MR. GONAN: Yes. Page 93 1 Proceedings 2 THE CHAIRMAN: Any lighting 3 shining on any residential properties? 4 MR. GRONAN: I haven't received 5 any complaints. We sent out a mailing to a 400 6 foot radius. Nothing, no complaints have come 7 back. But I don't believe that's an issue. 8 THE CHAIRMAN: I do have one 9 letter here from somebody. It's a matter of 10 record, I have one letter here, 16 New Place, 11 also known as 14 New Place. Are all the taxes 12 paid in full? 13 MR. GRONAN: Yes. 14 THE CHAIRMAN: Up to date? 15 MR. GRONAN: Yes. 16 THE CHAIRMAN: Any questions of 17 the Board? Mr. Singh? 18 MR. SINGH: Does this store have a 19 liquor license? 20 MR. GRONAN: I don't know if it 21 does or not. I will find out. 22 THE CHAIRMAN: What was that 23 question? Mr. Singh? 24 MR. SINGH: Does the store have a 25 liquor license or beer license? Page 94 1 Proceedings 2 THE CHAIRMAN: You have a beer 3 license? 4 MR. GRONAN: I don't know if it 5 has one or not. Certainly that's something 6 regulated by the State. I will find out. I 7 don't believe there's one there. I haven't been 8 there in quite some time, but I will find out for 9 you. 10 THE CHAIRMAN: Thank you. Any 11 other questions of the Board, Mrs. Little? 12 MS. LITTLE: Three of the parking 13 spaces appear to be right in the service station? 14 MR. GRONAN: Yes, I brought that 15 up with the engineer and I was told that in 16 Yonkers that that was permitted. Those are 17 current spaces. 18 MS. LITTLE: But isn't that area 19 being used to service other cars? How can you 20 park? 21 MR. GRONAN: You can't when they 22 are being serviced. But I understood that was 23 something permissible. That's why we included it 24 as part of our variance presentation. 25 MS. LITTLE: I would want some Page 95 1 Proceedings 2 clarification on that from Mr. Schneider, 3 possibly. Where is the snack area in 4 relationship to this design? 5 MR. GRONAN: Right as you go in in 6 front of the area labled, office. 7 THE CHAIRMAN: Any other questions 8 of the Board? 9 MS. LITTLE: My question wasn't 10 answered. 11 THE CHAIRMAN: What was your 12 question? 13 MS. LITTLE: These parking spaces 14 appear to be in the service station itself, where 15 the cars were being serviced? 16 THE CHAIRMAN: You are talking 17 about the last bay to the south? 18 MS. LITTLE: The three spaces, 19 eight, nine and 10. I just wanted to know, is 20 that correct, Mr. Schneider, that that's 21 possible, people can park there? 22 MR. SCHNEIDER: The table which 23 designates the parking lists the parking as 24 parking per bay. 25 MS. LITTLE: So it's a little bay Page 96 1 Proceedings 2 area? 3 MR. SCHNEIDER: They do count. I 4 can't remember off the top of my head, might be 5 two parking spaces per bay. The fact that they 6 are illustrating it could very well be 7 representing the car under repair. I don't know, 8 but we evaluate parking during the application 9 review and what we found what was generated. 10 MS. LITTLE: Thank you. That's 11 all I have. 12 THE CHAIRMAN: Any other questions 13 of the Board? Do you have anything else to say 14 to the Board, sir? 15 MR. GRONAN: Only I intend to get 16 back to you in writing on all of the issues that 17 you have raised this evening. 18 THE CHAIRMAN: Fine. Thank you. 19 Is there anybody here tonight to speak in favor 20 of this application? Anybody here to speak in 21 opposition? This gentleman here. Are you an 22 attorney, sir? 23 MR. VOLINO: No, I'm not. 24 (Speaker Sworn) 25 THE CHAIRMAN: State your name and Page 97 1 Proceedings 2 address, please. 3 MR. VOLINO: Ron Volino, 385 4 Kimball Avenue, Yonkers 10704. I'm a member of 5 the Haight Association and I represent the Haight 6 Association. I'm opposed to the granting of this 7 variance. I will make it very short. Three main 8 reasons, one is parking which is insufficient 9 which you just heard is insufficient. Traffic, 10 right in front of the Bronx River Road north and 11 south, and Wakefield Avenue coming down from the 12 hill there, and the entrance to the Bronx River 13 Parkway southbound. And my third concern is 14 crime. And crime with the entrance to the Bronx 15 River Parkway south, I'm more concerned at that 16 particular spot. So, I'm opposed to the granting 17 of this variance. 18 THE CHAIRMAN: Mrs. Little? 19 MS. LITTLE: You're saying you 20 were concerned about crime? 21 MR. VOLINO: Yes, any of these 22 type of stations, convenience stores are more 23 likely to be held up. 24 MS. LITTLE: Because of its 25 location to the Bronx River Parkway? Page 98 1 Proceedings 2 MR. VOLINO: Yes. If I were to 3 hold up any convenience store, I would pick that 4 one and be on the parkway in two and a half 5 seconds or less. 6 MS. LITTLE: Thank you very much. 7 THE CHAIRMAN: You have been here 8 many times, sir, and I don't think you're going 9 to hold up anyone. Anybody else to speak in 10 opposition? Mr. Burke? 11 MR. BURKE: May I approach for a 12 second, please? 13 THE CHAIRMAN: Yes, come up. 14 (Bench Conference) 15 THE CHAIRMAN: I'm going to make a 16 request to the Building Commissioner that he get 17 a hold of the Traffic Engineer to see about 18 traffic lights over there. I think one of the 19 problems when we were over there was when we came 20 out of the gas station and to make a left turn 21 going north it's a little difficult because a lot 22 of cars cut in front of the cars that are going 23 north already on Bronx River Road. The other 24 thing is people cut into the gas station, cut 25 through the gas station on that Wakefield. Ask Page 99 1 Proceedings 2 him to take a look at it. Sir, are you an 3 attorney, sir? 4 MR. BOMER: No, sir. 5 (Speaker Sworn) 6 THE CHAIRMAN: State your name and 7 address. 8 MR. BOMER: My name is Larry 9 BOMER, I live 96 Kimball Terrace, and I'm the 10 president of the Haight Association, southeast 11 Yonkers. 12 THE CHAIRMAN: Proceed. 13 MR. BOMER: I'd ask you to deny 14 the variance to that piece of property. It's a 15 very dangerous intersection, Mr. Chairman. I'm 16 sure you know the neighborhood. I live on the 17 corner of Coyne Road and Bronx River Road, one 18 block north of that intersection. In 1956 and 19 1957, probably before the apartments were there, 20 probably before the gas station was there, and I 21 used to you walk to school on Bronx River Road to 22 McLean Avenue. My parents used to warn me about 23 that intersection. It is, indeed, a dangerous 24 intersection, even more dangerous than the 25 condition previously mentioned. People turning Page 100 1 Proceedings 2 out going north. The hill, Wakefield, here is 3 very long and I have seen many times people 4 speeding up down the hill to make the traffic 5 light and there's egress from that service 6 station on to Wakefield Avenue. In other words, 7 if you want to travel west on Wakefield you would 8 come out of the gas station and make that 9 left-hand turn and there have been some bad 10 accidents there. People coming down the hill at 11 a high rate of speed. Also, as you said, people 12 traveling west from the Bronx that are coming 13 from the 231st Street bridge, if they want to get 14 on to the southbound Bronx River Parkway there 15 they are making a left-hand turn at that point 16 and at the same time that the people are coming 17 east down the hill also to make a right-hand 18 on to that parkway. It's very, very bad section. 19 Aside from the normal issues that would go along 20 with the convenience store. I would assume, I 21 know the area. I assume this hearing is to 22 legalize where they sell the soda to legalize 23 that operation. I think Shell's plan to open 24 24 hours a day would meet with stiff neighborhood 25 opposition. I just don't think that area needs Page 101 1 Proceedings 2 anymore traffic than what exists now. So I would 3 request that you deny the variance. 4 THE CHAIRMAN: Thank you, sir. 5 Any questions of this gentleman? Thank you. 6 Anybody else to speak in opposition? Would you 7 like to sum-up, sir? 8 MR. GRONAN: Thank you. The only 9 point I wanted to make is my understanding is 10 that the discussion tonight deals simply with the 11 area variance for the parking deficiencies, not 12 for the use of the convenience store. That would 13 be something taken up at a later point on the 14 discussion of a use permit application. The 15 deficiency in the parking really doesn't 16 correlate to the things that were mentioned now. 17 It simply allows the service station which has a 18 valid Certificate of Occupancy to operate. It's 19 not possible to provide 13 spaces. So with the 20 understanding that this meeting this evening is 21 just limited to the area variance necessary for 22 the parking, I don't think we're contributing to 23 any exigent circumstances or any traffic 24 situations. 25 THE CHAIRMAN: Well, the Page 102 1 Proceedings 2 convenience store has a parking requirement, 3 remember that. So the convenience store 4 basically is before the Board. Okay? 5 MR. GRONAN: Yes. 6 THE CHAIRMAN: You agree? 7 MR. GRONAN: I understand. 8 THE CHAIRMAN: Any other 9 questions? Anything else to say? 10 MR. GRONAN: Just if you can let 11 me know what time, what date you need my 12 submission to respond? 13 THE CHAIRMAN: There probably will 14 be a decision the third Tuesday in May. We don't 15 meet in this room, we meet in the room across the 16 hallway. This case is hereby closed. Reserve 17 the right to reopen for any reason whatsoever, 18 any time whatsoever. That includes after 19 decision is made. Thank you. 20 The next case is Mr. Veneruso, 21 area variance, 5222, on behalf of Sunnybrook 22 Gardens Owner Incorporated, owners, to construct 23 a waste storage structure. Having insufficient 24 side front yard as per Section 43-27, Table 43-3, 25 required 25 feet, proposed six foot, plus or Page 103 1 Proceedings 2 minus on the scale, on premises known as 68 3 Durham Road, Block 6392, Lot 53 in an MG zone. 4 Mr. Veneruso, please introduce 5 yourself? 6 MR. VENERUSO: James J. Veneruso, 7 Veneruso, Curto, Schwartz and Curto, Yonkers, New 8 York. Good evening, Mr. Chairman, Members of the 9 Board. 10 THE CHAIRMAN: Mr. Veneruso, was 11 everybody within a 200 foot radius notified, sir? 12 MR. VENERUSO: Yes, sir, 13 Mr. Chairman. 14 THE CHAIRMAN: Anything come back 15 undeliverable? 16 MR. VENERUSO: One. 17 THE CHAIRMAN: You will give that 18 to the Commissioner at the end of the hearing, 19 please? 20 MR. VENERUSO: Yes. 21 THE CHAIRMAN: Is there anybody 22 here tonight on this case? This case is on the 23 corner of Durham Road and Sunnybrook. Anybody 24 here tonight? Would you like to come up front 25 Madam. Proceed, Mr. Veneruso. Page 104 1 Proceedings 2 MR. VENERUSO: Good evening 3 Mr. Chairman, Members of the Board. I'm here on 4 behalf of the applicant, Sunnybrook Gardens 5 Owner, Incorporation. With me is Mr. Joseph 6 Gabriel, my far left. Mr. Gabriel is the 7 president of the co-op board at Sunnybrook. Also 8 with me this evening the architect, Joseph 9 Fernandez. 10 Sunnybrook is a co-op housing 11 complex consisting of 10 buildings, each three 12 story, 132 apartments. It's along Palmer Avenue 13 contiguous to Durham Road, Hereford and 14 Sunnybrook and Rockledge. The applicant proposes 15 to construct a new storage structure which would 16 be 15 feet wide, 19 feet long, 10 feet high which 17 would house trash and recyclables and would be 18 adjacent to the building at 68 Durham Road. 19 Let me explain the reason for 20 this building. Right now there are nine 21 dumpsters spread throughout the complex. 22 There is a private carting truck that weaves its 23 way in and out of the complex, picks up garbage 24 at these locations, including I might add, the 25 location next to Durham. The idea here is to Page 105 1 Proceedings 2 eliminate the private carting. Also to be more 3 efficient in what they are doing. The Board has 4 worked closely with DPW in developing this plan. 5 What they would do is the nine dumpsters would 6 continue to remaining where they are located. 7 Sunnybrook would use a small flatbed truck to go 8 pick up the garbage, bring it to this one site by 9 Durham Road adjacent to a building. And the 10 building, the architect Mr. Fernandez can 11 describe it better than I can. But basically the 12 building would blend into existing buildings. It 13 would have columns on the side as the existing 14 building. In fact, Mr. Chairman, if I may 15 with your permission have Mr. Fernandez put up a 16 diagram of the structure so you can see first 17 hand. 18 While he's doing that I will 19 continue. The variance that's sought is, the 20 requirement is that the structure be 25 feet on 21 the side yard requirement from the property line. 22 The variance right now, the structure would be 23 six inches from the property line. At the 24 outset, I'd like to say that that is mitigated by 25 the fact that the property line is 30 feet from Page 106 1 Proceedings 2 Durham Road. That's an important point. I would 3 also like to point out, Mr. Chairman, there's a 4 correction on page five of my presentation. The 5 proposal, the city truck would not park on Durham 6 Road, it would back into the existing driveway to 7 pick up from this facility so that it would not 8 obstruct any traffic on Durham Road. 9 Mr. Chairman, Members of the 10 Board, the building is designed to blend in 11 with the existing building. Careful 12 consideration has been given to its location and 13 will not result in an undesirable change in the 14 neighborhood. There are other areas where this 15 building could have been built. However, the two 16 locations, one of which is further into the 17 complex by Rockledge, has a tendency to flood. 18 And the other location on the corner of Palmer 19 and Durham would be not only eyesore but a 20 traffic hazard. 21 The variance, on its face against 22 the 25 feet six inch variation is substantial, 23 however, it's mitigated by the fact there is a 30 24 foot right-of-way. So in effect we have a 25 condition that mitigates against the zoning Page 107 1 Proceedings 2 requirement and natural grassy buffer is from 3 Durham Road to the property line. 4 I would submit that there would 5 be no adverse environmental impact by the 6 building and that the granting of the variance 7 would have a positive impact. In effect, it's a 8 much more efficient way to handle this garbage 9 situation at Sunnybrook. And not only that the 10 families in Sunnybrook would obtain a basic 11 municipal service which they do not have at the 12 present time. 13 If I may have Mr. Fernandez 14 explain how he went about the design of the 15 building. 16 THE CHAIRMAN: Okay. Are you an 17 attorney? 18 MR. FERNANDEZ: No, sir. 19 (Speaker Sworn) 20 THE CHAIRMAN: State your name and 21 address. 22 MR. FERNANDEZ: Joseph Fernandez 23 111 Brook Street, Scarsdale, New York 10583. 24 THE CHAIRMAN: Go ahead and show 25 us what you want to you talk about, sir. Page 108 1 Proceedings 2 MR. FERNANDEZ: This structure we 3 have proposed here tonight is in fact a side yard 4 setback requirement, is needed to have this 5 constructed. On this particular site there is 6 another location in front of the building that 7 would service this particular building in this 8 area which would be perfectly legal within all 9 the setbacks, but aesthetically not pleasing not 10 only to the residents but the neighborhood. It 11 would just be a deterrent. Where we propose the 12 building is approximately 90 feet from the 13 street, Palmer Road, and fairly close, six inches 14 from the property line. Although it is 30 feet 15 off the street line on the side. The structure 16 that's proposed is not going to take up any of 17 the soft scape which currently exists in this 18 park like environment. There is an asphalt 19 driveway there which was at one point used by a 20 maintenance truck but they are proposing to 21 basically have this structure here to house the 22 garbage to consolidate the effects of that on the 23 complex. The structure itself, because of its 24 proximity to the other building, would be a class 25 2-A construction which is fire rated. Would also Page 109 1 Proceedings 2 conform aesthetically as a bridge structure 3 concrete and basically look like a mini me of the 4 other buildings on the complex. And I think 5 aesthetically would fit right in. 6 THE CHAIRMAN: Mr. Fernandez, when 7 I'm coming off Palmer Road, Sunnybrook, I make a 8 left on Durham there is the driveway, there is a 9 stripe used to be cars parked there. Usually a 10 black pick up parked there. There is a round 11 window in the building, the garage door. Where 12 exactly is the compactor, the building going 13 to go where that window is? 14 MR. FERNANDEZ: In front of that 15 window, yes. The area between the new structure 16 and proposed structured would be six feet and the 17 building proposed structure is 10 feet tall. 18 THE CHAIRMAN: Ten feet tall, six 19 feet wide and how long? 20 MR. FERNANDEZ: No, I'm sorry. 21 The building is 15 by 18 and it's 10 feet tall 22 but six feet from the current existing structure. 23 THE CHAIRMAN: 15 by 18, 15 foot 24 wide by 18 foot long, correct? 25 MR. FERNANDEZ: Correct. Page 110 1 Proceedings 2 THE CHAIRMAN: Ten foot high? 3 MR. FERNANDEZ: Yes. 4 THE CHAIRMAN: Approximately 120 5 square feet, 130 square feet? 6 MR. FERNANDEZ: No, I believe it's 7 over 200 square feet. And that would house, 8 essentially, all the refuse throughout the entire 9 complex until any given pick up date. 10 THE CHAIRMAN: You're going to 11 have a garage door on front? 12 MR. FERNANDEZ: Yes. 13 THE CHAIRMAN: Garage door next to 14 it? 15 MR. FERNANDEZ: Correct. 16 THE CHAIRMAN: The container 17 itself is it going to be a compactor or 18 container? 19 MR. FERNANDEZ: No, container. 20 THE CHAIRMAN: Going to be a 21 compactor? 22 MR. FERNANDEZ: No compactor. 23 THE CHAIRMAN: Just bags of 24 garbage? 25 MR. FERNANDEZ: Correct. The Page 111 1 Proceedings 2 walls are proposed to be masonry and lined so 3 they will be washed. 4 The other consideration that took 5 place here was two fold, number one, the super's 6 office is there, the gentleman that worked there, 7 his apartment is adjacent to this structure. So 8 it's going to be kept clean. 9 THE CHAIRMAN: Doesn't matter if 10 it's that gentleman or you or me. We don't want 11 that gentleman to get roaches in his apartment. 12 He's just as important as anybody else that lives 13 in that complex. I think your point was you're 14 going to throw this guy to the wolves. I hope 15 not. I will not let it happen, I will tell you 16 right now. 17 MR. FERNANDEZ: My point was it's 18 his responsibility to manage this building which 19 will just be utilized by the staff and it will be 20 his responsibility to keep it clean. 21 THE CHAIRMAN: Go a step further, 22 Mr. Fernandez, I know the apartments well, you 23 know I lived there. The apartments right now are 24 yard containers all over the place, over in 25 Hereford. They are going to be gone, is that Page 112 1 Proceedings 2 correct? 3 MR. FERNANDEZ: There will be less 4 of them and smaller because they will make daily 5 pickups. So there won't be the metal containers 6 you see today, they will be the plastic over 7 sized one, maybe 50 gallon type with the lids. 8 THE CHAIRMAN: So one employee is 9 going to go with a flatbed truck or pick up that 10 black pickup truck and that employee is going to 11 this corner, that corner, pick up the garbage, 12 bring it over there, put it in the building and 13 close the garage door? 14 MR. FERNANDEZ: Correct. 15 THE CHAIRMAN: Properly vented? 16 MR. FERNANDEZ: Yes. 17 THE CHAIRMAN: Any questions of 18 the Board? Mr. Blanchard? 19 MR. BLANCHARD: Mr. Fernandez, did 20 you say daily pick up or just around the complex? 21 MR. FERNANDEZ: Around the 22 complex? 23 MR. BLANCHARD: How long will the 24 bags stay in the building? 25 MR. FERNANDEZ: I believe the town Page 113 1 Proceedings 2 picks up twice a week, my understanding. 3 MR. BLANCHARD: How days do you 4 think they would be in there from the first 5 pick up, say Friday to Monday? 6 MR. FERNANDEZ: I would imagine no 7 more than 40 yard container which would well fit 8 within the building. We actually sized it a 9 little bigger in case of a long weekend or some 10 extra commingles also housed in that building. 11 MR. BLANCHARD: How does this 12 trash get into the back of the truck? City 13 truck, correct? 14 MR. FERNANDEZ: The staff will 15 take it from that building and take it -- I 16 haven't been privy to it or just outside the 17 building. My understanding is it's part of the 18 city's property right-of-way. So that's 19 something needs to be worked out. 20 THE CHAIRMAN: You're going to put 21 garbage curb side on Durham Road for nine 22 apartment houses? I don't think so. 23 MR. FERNANDEZ: I'm saying the 24 area that's to the other side of this building is 25 all city property. My understanding it would go Page 114 1 Proceedings 2 here. So it would not be on Durham Road, it 3 would be off Durham Road within the right-of-way. 4 THE CHAIRMAN: Mr. Blanchard, may 5 I just continue one second? Is it going to be on 6 Sunnybrook? There's only two places you can put 7 it, Sunnybrook or Durham. 8 MR. FERNANDEZ: I guess it would 9 be considered Durham Road, but it's not on 10 Durham, it would be in that side yard. 11 THE CHAIRMAN: Mr. Blanchard? 12 MR. BLANCHARD: I'm just concerned 13 we have got four or five days of pick up from 14 this complex, nine buildings, eight or nine 15 buildings. 16 MR. FERNANDEZ: Nine buildings. 17 MR. BLANCHARD: Inside this 18 container until the day the pick up comes and he 19 takes all this and puts this out on Sunnybrook 20 waiting for the city truck to come? 21 MR. FERNANDEZ: The morning of. 22 THE CHAIRMAN: Mr. Veneruso, come 23 up, please. 24 MR. VENERUSO: Mr. Chairman, as I 25 understand it, there is actually three pickups Page 115 1 Proceedings 2 two days garbage, one day recyclables, actually 3 three. The scheduling of the pickups, I believe, 4 would be daily. The men patrol the area and will 5 bring it to the storage facility on the day of 6 the pick up. They would move it on to, I guess 7 not on Durham Road, right off the area, off the 8 driveway on that area where the truck would back 9 in to pick it up. 10 MR. BLANCHARD: That would be 11 Sunnybrook? 12 MR. VENERUSO: I'm talking about 13 backing into Durham. 14 MR. BLANCHARD: Where you're going 15 to take this out of this shed and pile it outside 16 for the city truck to come, that would be on 17 Sunnybrook going up the hill? 18 MR. VENERUSO: Durham, right 19 there. 20 MR. BLANCHARD: Sunnybrook. 21 MR. VENERUSO: I used to live 22 there so I know? 23 MR. BLANCHARD: How far is that 24 truck coming in on the property? 25 MR. VENERUSO: When it backs in to Page 116 1 Proceedings 2 that driveway that driveway is actually the 3 right-of-way, extends in. It can go in quite a 4 bit, almost right on line with this building so 5 the garbage can be right there. 6 MR. BLANCHARD: Is it going to be 7 back far enough, not to block Sunnybrook? 8 MR. VENERUSO: Yes. 9 THE CHAIRMAN: Going to be on 10 Durham. 11 MR. BLANCHARD: But he'll be back 12 on the property far enough? 13 MR. VENERUSO: Quite a distance. 14 MR. BLANCHARD: Thank you, 15 Mr. Chairman. 16 THE CHAIRMAN: Commissioner, you 17 got ahold of DPW they were going to give you a 18 read out? 19 MR. ELLMAN: Yes, I had an e-mail 20 conversations with Ken Greedan who handles 21 sanitation pick up. He has a somewhat different 22 take on the discussion ongoing with this 23 building. Apparently, DPW at least a year 24 seeking to have roll-on containerized roll-on 25 service. The applicant or the building Page 117 1 Proceedings 2 apparently is not interested in purchasing 3 containers, feels that is some sort of 4 Imposition. At this point there apparently is no 5 meeting of the minds between sanitation pick up 6 and the applicant. There's also some question, 7 DPW John Liszewski also sent a note I will 8 forward on to the Board, questioning given the 9 city's budget, what kind of abilities there would 10 be for pick up in the community. But just to the 11 point of how DPW wants to pick up. Their 12 preference is to do some sort of containerized 13 service. That is fairly consistently what they 14 are doing with larger complexes, as any of those 15 complex is change the way they do their own 16 pick up or come on line with the city. 17 THE CHAIRMAN: You will keep us 18 posted on DPW? 19 MR. ELLMAN: Yes, I will. 20 THE CHAIRMAN: Mr. Veneruso, I'm 21 just a little concerned. On Durham Road in front 22 of this building you're going to take all these 23 bags of garbage out, am I correct? Bags, white 24 bags? Black bags? 25 MR. VENERUSO: Right. On the day Page 118 1 Proceedings 2 of pick up. 3 THE CHAIRMAN: Put on Durham Road 4 and recycling. So that's three times a week. I 5 hope the city sanitation truck comes up and picks 6 up in a reasonable time, because if this is 7 granted it's going to be between the hours of 8 8:00 a.m. and 4:30 p.m. That's five days a week. 9 No Saturdays or Sundays and certainly not 8:00 10 clock, and certainly not after 4:30. 11 MR. VENERUSO: I understand. 12 THE CHAIRMAN: I'm very concerned 13 about this. 14 MR. VENERUSO: As to DPW, 15 Mr. Chairman, I'd have to ask. My understanding 16 there had been an ongoing dialogue for quite a 17 bit of time and that DPW was on board with this. 18 If that's not the case, as it appears to be, I 19 ask the opportunity to discuss it with them, as 20 well as the board of Sunnybrook. 21 THE CHAIRMAN: Thank you, sir. 22 Is there anybody would you like 23 to say anything else? Mr. Fernandez? 24 MR. FERNANDEZ: No, thank you. 25 THE CHAIRMAN: Is there anyone Page 119 1 Proceedings 2 here to speak in favor of this application? Is 3 there anyone here tonight to speak in opposition? 4 Madam, are you an attorney? 5 MS. QUATRONE: No. 6 (Speaker Sworn) 7 THE CHAIRMAN: State your name and 8 address. 9 MS. QUATRONE: Melissa Quatrone, 10 822 Palmer Road, Yonkers, New York 10708. 11 THE CHAIRMAN: Proceed, please. 12 MS. QUATRONE: Before I proceed, 13 can I actually see the drawings? Actually, if 14 you can see them with me you will understand a 15 little more. 16 THE CHAIRMAN: Which chart do you 17 want to talk about, the top or the bottom? 18 MS. QUATRONE: The bottom one. 19 MS. QUATRONE: Before we go to 20 that, I know you mentioned 200 people had to be 21 notified? What is the procedure for the 22 notification of what needs to be done? Procedure 23 other than the sign? 24 THE CHAIRMAN: Procedure, 25 everybody one within a 200 foot radius of this Page 120 1 Proceedings 2 complex be notified by certified registered mail 3 return receipt requested. 4 MS. QUATRONE: I live in that 5 complex, I never received anything. 6 THE CHAIRMAN: You live in the 7 complex. Are you a tenant? 8 MS. QUATRONE: I'm a shareholder, 9 I own. 10 THE CHAIRMAN: You're a 11 shareholder. I think what he did, and I think 12 it's perfectly okay, what he did is that he 13 notified everybody within a 200 foot radius which 14 would be the people on Durham, people on 15 Hereford, obviously people on Sunnybrook within a 16 200 foot radius. I can tell you, I live very 17 close to this operation, believe me, and I wasn't 18 notified and I'm not in the 200 foot zone. 19 That's beside the point. 20 MS. QUATRONE: This structure 21 right here, this is the garage door. This is my 22 apartment. 23 THE CHAIRMAN: Right above the 24 garage door? 25 MS. QUATRONE: This is my Page 121 1 Proceedings 2 terrace. Previously when the City of Yonkers 3 came to check out the permits so on and so forth, 4 this structure was suppose to be here which is 5 what everybody in Sunnybrook was told it was 6 going to be here. 7 THE CHAIRMAN: Where? 8 MS. QUATRONE: A grassy area. And 9 then Sunnybrook right here, the stone wall that's 10 here and that whole grassy patch, before you get 11 to the driveway. Initially, that's where the 12 proposed building was going to go. 13 THE CHAIRMAN: On Sunnybrook. 14 MS. QUATRONE: It's particularly 15 Sunnybrook, BUT where you turn in there is the 16 stone wall and grassy patch. 17 THE CHAIRMAN: I'm going toward 18 Bronxville eastbound on Palmer Road, make a right 19 turn on Sunnybrook, are you talking about the 20 left? 21 MS. QUATRONE: Correct, the left 22 side. 23 THE CHAIRMAN: Where they have the 24 yellow tape now? 25 MS. QUATRONE: Yes, that was the Page 122 1 Proceedings 2 initial proposal for where this building was 3 going to go and initially against it. When I 4 looked out my terrace I would see this. I 5 understand aesthetics. Everybody brings up 6 aesthetics. Aesthetically look beautiful, nobody 7 is thinking about the safety of the people who 8 live in this building. There was a small shed 9 that was here that was torn down because a permit 10 was never filed for it. I argued for safety. 11 All somebody needed to do was climb on top of 12 that and get into my neighbor's apartment, my 13 apartment and anybody else within that first 14 floor, including the super because it is blocked. 15 They put up lighting. Regardless. Now this 16 structure is how much higher. And all somebody 17 needs to do is get on top of it. It's now a flat 18 roof and they are in my apartment. They are in 19 my neighbor's apartment. They can go into any 20 apartment they wish. Safety is first and 21 foremost. 22 Secondly, they are saying nine 23 buildings. There is two attached, so there's 24 more than nine buildings. I can tell you in two 25 days the dumpster in my building is overflowing. Page 123 1 Proceedings 2 So to have garbage sit around from all those 130 3 whatever it is apartments being housed here. The 4 smell, the rodents, the bugs, whatever the case 5 may be, right under my window, my neighbor's 6 window. I have a 15 year old child, autistic. I 7 leave him out there. He can't go anywhere, he's 8 12 feet off the ground. This could possibly be 9 enticing to him, he can see that. And people can 10 also take it as, okay, that's one way in. 11 Looking at this now, that's eyesore. This land 12 here wasn't being used. We have to lose five 13 parking spaces for them to block that off. The 14 garbage trucks back in, normally hookup the 15 dumpster, dump it in and go. How long are they 16 going to have to stay with the exhaust, 17 everything else going into the windows of these 18 apartments, including my own, by the time they 19 load up all the garbage from 138 apartments over 20 how many days? That's a lot of garbage. 21 Secondly, it's more work on the 22 staff of the building. We're short staffed as it 23 is over how many acres. These guys are 24 scrambling all day long so things are going to be 25 neglected in the building for them to pick up Page 124 1 Proceedings 2 garbage. They will be driving around picking up 3 garbage and the building will be neglected. But 4 my first concern is the safety of myself, my 5 neighbors and my property. This is right 6 underneath my terrace. When I was told way back 7 when and we had this conversation that this thing 8 was going here and I argued it then. Now I found 9 out last week which is why I'm here. I don't 10 know that many people know that this building is 11 now going to be as close to the building as it 12 is. I live in the super's building, I'm there on 13 a day-to-day basis, drive in and out of that 14 driveway. I'm going to drive in and out waiting 15 for a garbage truck to pick up. There goes the 16 smell again. The opportunity for garbage to 17 spill out. When a garbage truck drives away and 18 leaks out, it smells until somebody hoses it 19 down. Like you said, they can pick up anywhere 20 between 8:00 and 4:30. It could be sitting there 21 for hours. That's an active driveway. And 22 again, my biggest concern is the safety of 23 myself, my child, my neighbors and my property. 24 I had paid a lot of money to purchase this 25 apartment. I pay a lot of money in maintenance Page 125 1 Proceedings 2 and my maintenance will be neglected with them 3 driving around picking up garbage like that. 4 THE CHAIRMAN: Any questions of 5 this lady? 6 THE CHAIRMAN: Mrs. Little? 7 MS. LITTLE: What happens now? 8 Can I get a sense of what is going on in this 9 complex NOW vis-a-vis the garbage. 10 MS. QUATRONE: Garbage is being 11 picked up by a private carting company. I guess 12 the biggest issue was cost. There is many 13 carting companies, I don't know if they have 14 gotten other prices. They wanted to get rid of 15 the actual dumpsters themselves. 16 MS. LITTLE: The dumpsters are in 17 different locations? 18 MS. QUATRONE: Correct. 19 MS. LITTLE: Nine locations where 20 the pickup truck or garbage truck rolls around 21 and picks up? 22 MS. QUATRONE: Absolutely, in and 23 out of everywhere. I think there is a dumpster 24 for each set, two different addresses, but they 25 are attached. Page 126 1 Proceedings 2 MS. LITTLE: They go through 3 Durham Road? 4 MS. QUATRONE: Drives up, pulls 5 up, backs in, hooks up the dumpster, slaps it in 6 and drives away. 7 MS. LITTLE: That's part of your 8 maintenance? 9 MS. QUATRONE: That's part of the 10 MAINTENANCE. 11 MS. LITTLE: Thank you. 12 THE CHAIRMAN: Mr. Burke? 13 MR. BURKE: I'm sure you're a 14 shareholder. Was there a meeting of the 15 shareholders to discuss this? 16 MS. QUATRONE: There'd been 17 meetings a while back. The garbage was always a 18 discussion but never really came to fruition. 19 About six, eight, nine months ago which again 20 where the proposed location was set which was on 21 the grassy area. Again, each still aesthetically 22 regardless where it was going to be, whoever 23 looked out their window, regardless of where you 24 were you were going to see this house. I don't 25 care how pretty it looked, whatever the case it Page 127 1 Proceedings 2 was, I was against that from the get go. Now to 3 find out, I only found out last week, this 4 building is being proposed up right against here 5 and the way I see it, maybe two feet from the top 6 of my terrace. It's a safety hazard. Can you 7 see? 8 MR. BURKE: I can see. How would 9 you characterize the current garbage situation? 10 MS. QUATRONE: As far as they are 11 there on time the way I see it. Every Monday 12 morning I get stuck if I'm two minutes late, I'm 13 stuck waiting for the garbage man to come out. 14 They are quick. They do what they have to do. I 15 have no issue with the garbage. I had no issue 16 with if I had to pay a little extra to keep 17 things the way they were because the only thing I 18 understood the concern was the fact there was the 19 dumpsters to try to save money which I 20 understand. And something about the truck going 21 over the bridge into the back lot. When you take 22 everything else into account you will still have 23 dumpsters, except plastic ones, but you will 24 still have the actual fixture themselves. But 25 now you're going to have the three maintenance Page 128 1 Proceedings 2 guys and the super taking care of all these acres 3 of properties, cleaning buildings, day-to-day 4 tasks, going around and picking up garbage 5 every day and then housing it in a house with 6 people's windows and being able to sit outside 7 right underneath it. If it's not Yonkers, who is 8 physically going to take the garbage out? The 9 staff has to do that. Like you said, depending 10 on what time they come, the garbage will be 11 sitting there. So while aesthetically the house 12 looks pretty but the neighbors across the street 13 and myself will get tired of seeing garbage 14 sitting in the driveway whether it's an hour, two 15 hours a week. 16 MR. BURKE: You made mention that 17 you thought there was going to be another 18 location. Was there a meeting of the 19 shareholders to discuss that? 20 MS. QUATRONE: Not that I am aware 21 of. 22 MR. BURKE: That might be a 23 question for the president. I just wanted to 24 know. 25 THE CHAIRMAN: I understand. Any Page 129 1 Proceedings 2 other questions of this lady? Thank you, Madam. 3 Mr. Veneruso, what we're going 4 to do is this, myself and Mr. Landi or somebody 5 else, with the Commissioner, are going to come 6 over there next week. Call the Commissioner 7 tomorrow, make plans. Probably next Tuesday or 8 Wednesday. We'd like to have Mr. Gabriel, the 9 president and Mr. Fernandez there. So would you 10 make arrangements next week, maybe Tuesday or 11 Wednesday during the day. Would that be okay 12 with you gentleman? 13 MR. VENERUSO: That's fine, Mr. 14 Chairman. 15 THE CHAIRMAN: We'd like to see 16 the whole complex, all nine buildings that are 17 there and go down past Hereford. So we will 18 start there and work our way, go to all the 19 buildings to see what's going on. Also I'd like 20 to have if it's possible, I'm sure the Carters 21 have the same size garbage trucks as the city has 22 got. Bring it up there at a specific time, look 23 at it, and Mr. Fernandez, you can get tape, 24 sometimes they put a balloon up, you know what I 25 am talking about? Page 130 1 Proceedings 2 MR. FERNANDEZ: Yes, sir. 3 THE CHAIRMAN: We will make that 4 arrangement. Mr. Burke? 5 MR. BURKE: Mr. Chairman, my issue 6 that I have is that it appears the shareholders 7 weren't notified. I just wanted to know if maybe 8 other shareholders felt the same way. 9 THE CHAIRMAN: The signs were 10 posted. And the opinion that I have, I'm not 11 saying I'm right, but I think I'm pretty much 12 they notified everybody within a 200 foot radius. 13 That's a huge 200 foot radius. So whether he 14 notified the shareholders, whether he has to or 15 not, I don't know. The signs are posted. People 16 see the signs. This lady is there, she can get a 17 hold of some of the shareholders. So we will 18 continue this hearing. We will look at this 19 piece of property first. You're welcome to join 20 us, Mr. Veneruso. Is that okay Mr. Fernandez and 21 Mr. Gabriel? 22 MR. VENERUSO: Fine, Mr. Chairman. 23 If I may address the question about meetings. My 24 understanding there were meetings with the 25 shareholders. In fact, Melissa was at that Page 131 1 Proceedings 2 meeting. I would have to confer with my client 3 as to whether or not there was a change from the 4 time those meetings were held. I specifically 5 went over this with my client getting word out to 6 the shareholders. I will need an opportunity to 7 discussion were the plans the same as being 8 presented tonight. 9 THE CHAIRMAN: No problem. We 10 will continue the hearing until next month. 11 Leave the signs up, send out new notices in a 200 12 foot radius. They don't have to be registered. 13 Call Commissioner Schneider tomorrow. We will 14 take a tour over there. Maybe I will bring 15 Commissioner Ellman. 16 So on this case will be continued 17 on the third Tuesday of May. 18 The next case, Mrs. Veneruso 19 again, 5224, area variance, on behalf of 20 Smith-Cairns Ford Incorporated, the owners, for 21 an addition and modification to auto sales 22 facility. Whereas, parking of displayed vehicles 23 not permitted within a minimum front yard as per 24 Section 43-38C(3). And exceeds maximum number of 25 ground/pole signs permitted on the site, three Page 132 1 Proceedings 2 permitted, four proposed, per Sign Ordinance 3 47-7A(8) on premises known as 900 Central Park 4 Avenue, also known as 10 Schaefer Avenue, Block 5 5111, Lot 1 in an OL zone. 6 Mr. Veneruso, everybody within a 7 200 foot radius been notified, sir? 8 MR. VENERUSO: Yes, 9 Mr. Chairman. 10 THE CHAIRMAN: Anything come back 11 undeliverable? 12 MR. VENERUSO: Yes, four. 13 THE CHAIRMAN: Give them to the 14 Commissioner at end of the hearing. Is there 15 anybody here tonight on this case? This case is 16 Smith-Cairns on Central Park Avenue. Central 17 Park Avenue backs up to Schaefer and the Cross 18 County Parkway. Anybody here tonight on this 19 case? Proceed, Mr. Veneruso. 20 MR. VENERUSO: Good evening 21 Mr. Chairman, Members of the Board, I'm here on 22 behalf of the applicant, Smith-Cairns Ford. With 23 me this evening is Mr. Michael Bomer from John 24 Meyer Consulting. Michael is the planner on the 25 project and Mr. Dwight Beckerk, principle owner Page 133 1 Proceedings 2 of Smith-Cairns Ford. 3 If I may, Mr. Chairman, I ask 4 permission to put up a site plan, and also if I 5 may, Mr. Chairman, hand out a duplicate, just a 6 smaller version of the poster which also contains 7 on the second page a landscape plan. 8 Mr. Chairman, the property 9 consists of 4.8 acres, Smith-Cairns is a 10 successful dealership located on Central Avenue, 11 composed of four auto dealerships Ford, Lincoln, 12 Subaru and Mazda. Mr. Chairman, you may recall 13 that this property, the development of this 14 property was a result of variances granted by 15 this Board in 1996. 16 The proposed project consists of 17 a site modification to the existing building 18 which is not part of the variances sought, an 19 expansion to the existing outdoor sales area and 20 additional signage, as well as landscaping. The 21 applicant seeks two variances, the first, to 22 permit an expansion of parking for displayed 23 vehicles which is not permitted within a minimum 24 front yard. And also a variance for signage. 25 The code allows for three pole signs. Currently, Page 134 1 Proceedings 2 there are two signs. The proposal is to have a 3 total of four. 4 Mr. Chairman, Members of the 5 Board, the proposed extension into the sales area 6 is in the front of the property facing Central 7 Park Avenue. It is a continuation of what 8 already exists, and I respectfully submit that 9 there is an ample buffer area from Central Avenue 10 to the expansion area. Also, there will be 11 additional landscaping. 12 As to the signage, the two signs 13 and addition of the next two signs would not 14 create a change in the neighborhood given the 15 extent of frontage on Central Avenue. Given the 16 configuration of the property and the expansion 17 toward Central Avenue, the benefit cannot be 18 achieved by any other method. Car dealership 19 signage is a vital part of the business, and that 20 area of Central Avenue, as you all know, is very 21 commercial area to begin with. The requested 22 variance is minimal. There will still be 40 to 23 80 foot buffer near the area in the front where 24 the expansion is to be moved. Also, there'd be 25 no adverse impact on the environment. No impact Page 135 1 Proceedings 2 on drainage, drain water run off. 3 And I would respectfully submit 4 to the Board that the benefits are substantial. 5 The ability to reach more potential customers 6 again is vital to this type of a business, and 7 the owner is seeking to maximize the present use 8 of the property. 9 I'd like to introduce you to 10 Mr. Bomer, the planner, to take you through the 11 process in creating the plan, as well as the 12 landscaping plan. 13 THE CHAIRMAN: Are you an 14 attorney, sir? 15 MR. BOMER: No, I'm not. 16 (Speaker Sworn) 17 THE CHAIRMAN: State your name and 18 address. 19 MR. BOMER: Mike Bomer with John 20 Meyer Consulting, PC, 120 Bedford Road, Armonk, 21 New York 10504. 22 THE CHAIRMAN: Proceed, sir. 23 MR. BOMER: As Mr. Veneruso 24 explained, our project proposal will be to expand 25 the asphalt area for outdoor sales space for Page 136 1 Proceedings 2 vehicles and would be the frontage of the 3 property, Central Park Avenue and the Cross 4 County Parkway exit ramp which is indicated on 5 this plan here in the darker shade of gray. In 6 addition to the expansion of the parking area, it 7 will be delineated with curbing and concrete 8 bumper blocks as another precaution for wheel 9 stops. In addition to that, we have proposed 10 some low roof landscaping so the vehicles will be 11 visible from the roadways. 12 If I may, I'd like to put up a 13 drawing that indicates the landscaping. So what 14 we have indicated on the plan along the perimeter 15 of the outdoor sales area expansion, in various 16 colors we have indicated some low growth shrubs 17 and ground cover, and they will consist of two 18 types of Junipers which will pretty much remain 19 green all year round. There will be a type of 20 vebernum which will flower with white color 21 flowers spring and summer. There is a type of 22 polia and St. John's wart, both of which will 23 flower spring and summer with yellow flowers. 24 Also, in the area of the expanded outdoor sales 25 area there are some existing trees that will be Page 137 1 Proceedings 2 proposed to be planted in other locations on the 3 property. 4 If anybody has any questions I'd 5 be happy to answer them. 6 THE CHAIRMAN: Mr. Veneruso, you 7 have a letter here, correspondence from 8 Commissioner Ellman, I guess when this was before 9 the Board back in 1996, is that what you said? 10 MR. VENERUSO: Yes, 11 Mr. Chairman. 12 THE CHAIRMAN: I guess so promises 13 were made that weren't kept. He doesn't think 14 they were kept. So what you're asking this Board 15 to do is to increase the variance, but something 16 has got to be guaranteed. Okay? So I'm 17 wondering, why should we do something without 18 somebody saying, Mr. Chairman, Members of the 19 Board, this is exactly what we're going to do. 20 MR. VENERUSO: When you were 21 making that statement, Mr. Chairman, were you 22 referring to Mr. Bomer's presentation, certain 23 aspects of it? 24 THE CHAIRMAN: What's that? 25 MR. VENERUSO: If you can be a Page 138 1 Proceedings 2 little more specific. 3 THE CHAIRMAN: Yes. When the site 4 was first planned, Commissioner Ellman, we were 5 first promised to make the new sales showplace on 6 Central Park Avenue. Instead, cars were parked 7 in the area that were suppose to be heavily 8 landscaped. Landscape for this is lower cost, 9 lower height shrub and groundover. I understand 10 the dealership is resistent to a six foot high 11 arborvitae green wall between, and looking 12 forward to something more with pizzazz than 13 evergreens. Example, Bed Bath and Beyond had 14 thoughtful planning, better sense and care being 15 taken with the site, aesthetics. So you're the 16 applicant and their design team need to bring out 17 the best designs and offer us something better 18 than a parking lot with some plantings 19 surrounding it. So what I am going to do, based 20 on this concern from the Commissioner which is my 21 concern too, I'm going to ask you to get a hold 22 of the Commissioner and work this out. You 23 understand what I am saying, sir? 24 MR. VENERUSO: We do. 25 THE CHAIRMAN: I have a letter Page 139 1 Proceedings 2 here from the County of Westchester, just got it 3 tonight, they are concerned about the drainage. 4 I haven't given this letter too much thought 5 because I just got it tonight. I haven't gotten 6 into it. They recommend a city existing code and 7 sign preventing additional flooding on Central 8 Park Avenue. The city should reexamine providing 9 multiple signs on one sign pole is a more 10 appropriate solution meeting the property's 11 design, at least in reducing the visual clutter. 12 I think there's more to that paragraph. Also, 13 extension of the parking lot to require setbacks. 14 Talking about drainage and things like that. 15 Then they have trees and shrubbery, they talk 16 about that, too. I'm going to hand you this. 17 It's really not fair to you not to have this 18 because I want you to look at that. I'm going to 19 give you the benefit of the doubt. I will let 20 you answer the Westchester County Planning Board 21 letter to the Board here in writing. I'd like 22 you to get a hold of Mr. Borrows, the Acting 23 Commissioner, talk to him about this. Do I have 24 an agreement on that? 25 MR. VENERUSO: Yes, Mr. Chairman. Page 140 1 Proceedings 2 THE CHAIRMAN: Also, get a hold of 3 Commissioner Ellman and talk to him about the 4 site, trees, et cetera. Okay? 5 MR. VENERUSO: Yes. 6 THE CHAIRMAN: I will give you the 7 benefit. I don't know what our schedule is for 8 May. Mr. Landi, can I see you for a second, 9 please? 10 (Conference) 11 THE CHAIRMAN: Mr. Landi, do you 12 have any questions? 13 MR. LANDI: Yes, Mr. Chairman. 14 Referring to the drawing that was submitted to us 15 SP-6-A. I'm trying to distinguish what the 16 property line is versus the New York State DOT 17 Westchester County, where the right-of-way line 18 is. You show a blue line and you show a red 19 line. 20 MR. BOMER: The red line 21 represents the subject property, red dash line. 22 The blue line represents the 15 foot vehicle 23 sales area setback line. 24 MR. LANDI: Aren't you paving up 25 to the property line? Page 141 1 Proceedings 2 MR. BOMER: No, it will be two 3 feet away from the property line. 4 MR. LANDI: Beyond the blue line? 5 MR. BOMER: Yes. 6 MR. LANDI: Thank you. 7 THE CHAIRMAN: We're going to 8 continue the hearing. Here is what we're going 9 to do. Put it on for next month. Send out the 10 200 foot radius notice out, leave the signs up. 11 I will give you a chance to answer both 12 Commissioner Ellman's and Acting Commissioner 13 Borrows' letters in writing. 14 I also have your word you're 15 going to get a hold of the Acting Commissioner 16 Borrows and talk to him. And Commissioner 17 Ellman, you're going to get a hold of Mr. 18 Veneruso, see what you can do. We will make a 19 site visit. We have been over there many times. 20 We would like to know if the owner of the 21 corporation can meet us there? 22 MR. VENERUSO: Yes, sir. 23 THE CHAIRMAN: Could the architect 24 be there, also? 25 MR. VENERUSO: Yes. Page 142 1 Proceedings 2 THE CHAIRMAN: So you can call the 3 Commissioner in the morning and we will meet you 4 some time next week. Maybe we'll go to the other 5 case first and then go right around the corner 6 and spend a couple minutes with everybody there. 7 I will bring over the Commissioner and bring 8 Commissioner Ellman and a couple Board members 9 with me. This is hereby continued until next 10 month, the May hearing. Send out the letters 11 again. They don't have to be certified. Leave 12 the signs up and change the date. Thank you very 13 much. 14 MR. VENERUSO: Thank you. 15 THE CHAIRMAN: You're welcome, 16 sir. 17 We have two decisions to go to 18 and we'll go through them now. First decision, 19 area variance, 5192, 115 Beech, Mr. Burke? 20 MR. BURKE: Thank you, 21 Mr. Chairman. I'd like to make a motion to 22 approve this area variance to Iglesia Bautista, 23 owner, of 115 Beech Street, Block 461, Lot 1, in 24 an M zone, based on the facts, findings and 25 information presented to the Yonkers Zoning Board Page 143 1 Proceedings 2 of Appeals at the public hearing on Tuesday, 3 November 17, 2009 and otherwise obtained. 4 The subject property is currently 5 a two story one family dwelling for the pastor of 6 the church and his family on the second floor of 7 the functioning church, which the applicant has 8 owned since 1996. The applicant is proposing to 9 make an addition to the existing structure at the 10 rear yard, which would contain both, quote, a new 11 pulpit area on the first floor and extension on 12 the existing apartment on the second floor, end 13 quote. In addition, the applicant proposes to 14 add a handicap ramp. 15 To grant an area variance under 16 Section 43-86Cx of the Yonkers Zoning Ordinance, 17 the Board shall consider the benefit to the 18 applicant if the variance is granted, as weighed 19 against the detriment to the health, safety 20 welfare of the neighborhood or community by such 21 granting. In making this decision, the Board 22 must also be satisfied on five points of law: 23 First, whether an undesirable 24 change will be created in the character of the 25 neighborhood or detriment to nearby properties Page 144 1 Proceedings 2 will be caused by granting the area variance. 3 Pursuant to New York State Law, 4 "it is presumed that a religious use will have a 5 beneficial effect in a residential area." 6 However, this presumption may be "rebutted with 7 evidence of a significant impact on traffic 8 congestion, property values, municipal services 9 and the like." Based on the testimony of the 10 appellant and principal points submitted to the 11 Board, testimony at the hearing, and visits to 12 the subject property by members of the Board the 13 neighborhood is in an urban section of Yonkers, 14 having several multiple dwelling units, stores, 15 businesses, et cetera, and parking is at a 16 premium and an issue of concern. On November 24, 17 2009, Martin Doherty, the Traffic Engineer for 18 the City of Yonkers indicated that although 12 19 parking spaces in the plans presented to the 20 Zoning Board of Appeals on November 17, 2009 were 21 permitted by the Zoning Ordinance, the plan 22 indicated a 70 foot curb cut, quote, that 23 effectively reduces on-street parking, unquote. 24 As per the Zoning Ordinance, 30 feet is the 25 Maximum length; the plan indicates a curb cut Page 145 1 Proceedings 2 that more than doubles the prescribed maximum 3 length. This issue was remedied with the 4 submission of a new plan and is reflected in the 5 Traffic Engineering Report, dated December 15, 6 2009, in which there was a reduction of two 7 parking spaces and removal of the 70 foot curb 8 cut. This change, quote, restores a small number 9 of on-street parking spaces and improves the safe 10 operation, as well, end quote. Mr. Doherty adds 11 that, the parallel space on the south side of the 12 property should be changed to 18 foot spaces and 13 20 and a half feet in the center. The overall 14 length of these four parking spaces will remain 15 essentially the same. He further states, the 16 granting of this variance will have little effect 17 on the traffic or parking in the immediate 18 vicinity. 19 Second, whether the benefit 20 sought by the applicant can be achieved by some 21 other method feasible for the applicant to pursue 22 other than by an area variance. 23 Based on the facts, findings and 24 testimony to the Zoning Board of Appeals, the 25 subject property is a corner lot abutted on two Page 146 1 Proceedings 2 sides by Improved lots with structures and there 3 appears to be no other feasible means of 4 addressing this issue. 5 Third, whether the requested 6 variance is substantial. Pursuant to the 7 requirements of the Zoning Code, the applicant 8 has made a substantial request concerning the 9 structure and the parking significantly 10 encroaches upon the front, rear and side yards. 11 However, the applicant believes the 12 substantiality of the request is mitigated by the 13 insistence that there will not be an increase in 14 the occupancy of the church, since the addition 15 does not yield an increase in the number of pews. 16 Further, this will not increase the need for 17 parking. 18 Fourth, whether the proposed 19 variance will have an adverse effect or impact on 20 the physical or environmental conditions in the 21 neighborhood or district. Based upon visits to 22 the site, and the analysis above, the proposed 23 addition will not have an adverse effect or 24 impact on the physical or environmental 25 conditions in the neighborhood of the subject Page 147 1 Proceedings 2 property. 3 Fifth, whether the alleged 4 hardship is self-created. The hardship was self 5 create, in that the owner/applicant wants to make 6 the addition to the property, which is in and of 7 itself a self-created hardship. However, this is 8 one issue to consider and is not by itself 9 determinative in the issuance of this appeal. 10 Therefore, based on the all 11 above reasons, I move to grant the applicant's 12 request for an area variance subject to the 13 following conditions, that: 14 One, all health, safety, fire, 15 building, zoning and environmental codes shall be 16 adhered to at all times by the applicant and/or 17 owner. 18 Two, the applicant shall provide 19 to this Board within 30 days of today's date 20 certified affidavit Confirming that all back real 21 estate taxes and fines have been paid in full. 22 Three, the applicant and/or 23 owner shall permit annual inspections by the 24 Department of Housing and Buildings to determine 25 that these conditions are being satisfied. Page 148 1 Proceedings 2 Four, smoke detectors, fire 3 detectors, carbon monoxide detectors must 4 installed in the entire premises as per New York 5 State Code and must be wired to an external 6 off-site 24 hour monitoring system such as ADT. 7 Five, the premises shall remain 8 a one family dwelling on the premises, and there 9 are to be no other dwellings in said premises, 10 i.e. boarding house, apartments, et cetera. 11 Six, Mr. Doherty's request that 12 the parallel spaces on the south side of the 13 property should be changed to 18 spaces on the 14 ends and 20 foot and a half in the center must be 15 adhered to and new plans reflecting the same 16 shall be filed with the Department of Housing and 17 Buildings prior to the issuance of this variance. 18 This lot is to be repaved and lined for the 19 vehicles occupancy of the new addition. No 20 commercial vehicles, taxis or limousines shall be 21 parked on this property. The applicant and/or 22 owner cannot lease parking spaces to the public. 23 Seven, no businesses shall be 24 operated from these premises. 25 Eight, these conditions shall be Page 149 1 Proceedings 2 specified on the Certificate of Occupancy. 3 Thank you, Mr. Chairman? 4 THE CHAIRMAN: Is the second on 5 the motion, please? 6 MR. BLANCHARD: Second. 7 THE CHAIRMAN: On the motion, Ms. 8 Pearson? 9 MS. PEARSON: Against. 10 THE CHAIRMAN: Mr. Blanchard? 11 MR. BLANCHARD: For the motion 12 THE CHAIRMAN: Mr. Landi? 13 MR. LANDI: For the motion. 14 THE CHAIRMAN: Mr. Burke? 15 MR. BURKE: For the motion. 16 THE CHAIRMAN: Mr. Singh? 17 MR. SINGH: For the motion. 18 THE CHAIRMAN: Mrs. Little? 19 MS. LITTLE: For the motion. 20 THE CHAIRMAN: Chairman votes for 21 the motion, motion is carried 6-0. 22 Mr. Burke, can I see you one 23 second, please? 24 (Conference) 25 THE CHAIRMAN: We're going to Page 150 1 Proceedings 2 reopen the decision in one second to make a 3 change. I make a motion to reopen. Do I have a 4 second? 5 MR. BURKE: Second. 6 THE CHAIRMAN: Everybody in favor 7 say aye. 8 (Chorus of Ayes) 9 THE CHAIRMAN: Make the change, 10 Condition Six, it should read on the fourth line 11 down, Housing and Buildings, prior to the 12 issuance. He's got, variance. It should read 13 not variance, CO. Is that okay with you, 14 Mr. Burke? 15 MR. BURKE: Yes. 16 THE CHAIRMAN: Do I have a motion 17 to accept that motion as changed? 18 MR. BLANCHARD: Motion. 19 MR. BURKE: Second. 20 THE CHAIRMAN: Mrs. Pearson? 21 MS. PEARSON: I'm for the change. 22 THE CHAIRMAN: Are you for the 23 motion? 24 MS. PEARSON: I'm for the motion. 25 THE CHAIRMAN: You're changing Page 151 1 Proceedings 2 your vote? 3 MS. PEARSON: I didn't change my 4 vote. 5 THE CHAIRMAN: We just corrected 6 something. 7 MS. PEARSON: I didn't change my 8 vote. 9 THE CHAIRMAN: On the motion how 10 do you vote? 11 MS. PEARSON: I'm against it. 12 THE CHAIRMAN: Fine, no problem. 13 THE CHAIRMAN: Mr. Blanchard? 14 MR. BLANCHARD: For the motion 15 THE CHAIRMAN: Mr. Landi? 16 MR. LANDI: For the motion. 17 THE CHAIRMAN: Mr. Burke? 18 MR. BURKE: For the motion. 19 THE CHAIRMAN: Mr. Singh? 20 MR. SINGH: For the motion. 21 THE CHAIRMAN: Mrs. Little? 22 MS. LITTLE: For the motion. 23 THE CHAIRMAN: Chairman votes for 24 the motion, motion is carried 6-0. 25 Next case is Lanark Road, 5204. Page 152 1 Proceedings 2 Do I have a motion, please? 3 MS. LITTLE: Yes, Mr. Chairman. 4 THE CHAIRMAN: Mrs. Little. 5 MS. LITTLE: Andrew Romano 6 Esquire, on behalf of Arthur Papataros to 7 legalize a rear deck on said property, having 8 insufficient side yard, Section 43-41A(2) 9 required five feet, proposed zero. Insufficient 10 rear yard as per Section 43-27, Table 43-3, 11 required 25 feet, proposed 10 feet on premises 10 12 Lanark Road, Block 236 Lot 1, in an S-50 zone. 13 I make a motion to approve the 14 variance above based on facts, findings and 15 information presented to the Zoning Board at the 16 public hearings and otherwise obtained. 17 The subject property is currently 18 a two story single family structure with a rear 19 garage located on a lot measuring a 120 by 73 20 feet that has existed since 1930. The applicant 21 has owned the premises since 1974. The owner 22 seeks to legalize the deck which is used for 23 recreation by the family but is located above a 24 severe downward slope. As situated the deck 25 violates the setback requirements of rear and Page 153 1 Proceedings 2 side yard. The premises is located between Van 3 Courtland and Hillcrest Avenue in the Park Hill 4 section of Yonkers. Following receipt of more 5 Convincing and re sent engineer's survey 6 confirming the safety and strength of the deck in 7 question, the Zoning Board of Appeals feels 8 there is not sufficient reason to warrant denying 9 this variance, since the slope of the land 10 precludes rebuilding the deck in a manner 11 sufficient to be of use to the family in 12 question, and in compliance with the zoning 13 requirements. 14 However, in order to grant the 15 area variance the Board must be satisfied with 16 five points of law: 17 Number one, whether an 18 undesirable change will be created in the 19 neighborhood or detriment to nearby properties 20 will be caused by granting of the variance. 21 The area in question is a 22 residential neighborhood of predominantly one 23 family dwellings. The concerning expressed in 24 the principal points indicates that the deck is 25 10 feet from the neighbor's rear yard and that in Page 154 1 Proceedings 2 some cases is actually raised above the 3 neighbor's property. White the applicant's 4 attorney claims the situation is consistent with 5 similar decks located in the neighborhood, the 6 Zoning Board must point out that this is the 7 motion that they are addressing and each case is 8 decided on its own individual merits. However, 9 in this instance, neighbors on either side 10 offered no complaint over these many years and 11 the owner has repaired the deck himself numerous 12 times since the purchase of the house which 13 included the many repairs and improvements to the 14 deck in question. The Zoning Board believes 15 there will be no undesirable change in the 16 neighborhood by allowing the deck to remain as it 17 is on the site. 18 Number two, whether the benefit 19 sought by the applicant could be achieved by some 20 method feasible for the applicant other than the 21 variance. It appears to the Board that the 22 benefit outweighs the detriment to the 23 neighborhood and is not bound to suggest another 24 feasible means except for totally removing the 25 deck, which is really unnecessary compared to the Page 155 1 Proceedings 2 need for the recreational aspect for the family 3 and been in existence for many years. 4 Number three, whether the 5 requested variances or substantial. It is the 6 decision of the Board that the variance requested 7 appears to be substantial, however, does not 8 preclude the granting of the variance for the 9 reasons cited above. 10 Number four, whether the proposed 11 variance will have an adverse effect or impact on 12 the physical or environmental conditions of the 13 neighborhood or district. As indicated above, the 14 Board believes there will not be an adverse 15 effect on physical or environmental conditions in 16 the neighborhood. 17 Number five, whether the alleged 18 hardship was self-created. It is the opinion of 19 the Board that the hardship was not self-created. 20 The deck has not been a problem for the 21 neighborhood since the owner purchased the 22 property and given the configuration of the 23 property is placed on one of the few places that 24 any deck could be accommodated on this land area. 25 However, there are conditions Page 156 1 Proceedings 2 that would need to be met before the granting of 3 the variance. 4 Number one, all health, safety, 5 fire, building and environmental codes should be 6 adhered to at all times by the applicant and/or 7 owner. 8 Number two, no more than one 9 family shall live in the subject property, no 10 in-law or boarding house set up shall be allowed. 11 Number three, no more than one 12 kitchen is to be permitted. 13 Number four, the owner agrees to 14 permit annually inspection by the Department of 15 Housing and Buildings to determine that 16 conditions are being met. 17 Number five, a licensed engineer 18 shall provide a report on the strength and safety 19 of the said deck before the C of O is issued. 20 Number six, no business shall 21 operate from this premises. 22 Number seven, all tax and fines 23 if owed must be paid in full 45 days from today's 24 date. Thank you. 25 THE CHAIRMAN: Do I have second on Page 157 1 Proceedings 2 the motion? 3 MR. BURKE: Second. 4 THE CHAIRMAN: On the motion, Mrs. 5 Pearson? 6 MS. PEARSON: For the motion. 7 THE CHAIRMAN: Mr. Blanchard? 8 MR. BLANCHARD: For the motion 9 THE CHAIRMAN: Mr. Landi? 10 MR. LANDI: For the motion. 11 THE CHAIRMAN: Mr. Burke? 12 MR. BURKE: For the motion. 13 THE CHAIRMAN: Mr. Singh? 14 MR. SINGH: For the motion. 15 THE CHAIRMAN: Mrs. Little? 16 MS. LITTLE: For the motion. 17 THE CHAIRMAN: Chairman votes for 18 the motion, motion is carried 7-0. 19 That's it for decisions for 20 tonight. We will take up some other things, and 21 Mr. Landi will takeover Chairmanship for the last 22 case. 23 We have before us tonight several 24 requests, request number one, 271 also known as 25 32 Tompkins Avenue. We gave this variance in Page 158 1 Proceedings 2 2004. This office represents the owners, Mr. 3 Romano, who purchased the premises in foreclosure 4 from the bank in 2009. The owners seek to 5 complete the Zoning Board of Appeals conditions 6 from the various approval in 2004, convert from a 7 two-family to three family dwelling. The 8 previous owner completed the premises became two 9 units, he never completed the work for the third 10 unit. I understand all Zoning Board of Appeals 11 conditions have been completed and we need less 12 than six months to obtain the Certificate of 13 Occupancy for the three family dwelling. Please 14 extend the variance for six month so that it can 15 be done. We did give permission for a three 16 family dwelling, remain a three family dwelling. 17 So I'm going to make a motion we give a six month 18 extension from today with the $500 extension fee 19 paid within 30 days. That's case number 4773 six 20 months from today, pay the extension feet. Do I 21 have a second? 22 MR. LANDI: Second. 23 THE CHAIRMAN: Everybody in favor 24 say aye. 25 (Chorus of Ayes) Page 159 1 Proceedings 2 THE CHAIRMAN: We have 1589 3 Midland Avenue. This is something that's been 4 going on, they want to complete the job. It's 5 from Lisa Rinaldi. I make a motion we give a six 6 month extension from today and they have to pay 7 the $500 fee within the next 30 days. That's 8 case numbering 4837. Do I have a second? 9 MR. BURKE: Second. 10 THE CHAIRMAN: Everybody in favor 11 say aye. 12 (Chorus of Ayes) 13 THE CHAIRMAN: Then Jim Veneruso, 14 2 Scarsdale Road. He wants a six month 15 extension. I'm going to make a motion that we 16 give him the extension of six months. He asks 17 that we waive the $500 fee. I will make a motion 18 we don't. Six month extension and $500 fee. 19 Case number 5156. Do I have a second? 20 MR. LANDI: Second. 21 THE CHAIRMAN: Everybody in favor 22 say aye. 23 (Chorus of Ayes) 24 THE CHAIRMAN: Anybody opposed? 25 Then we have one from Mr. Cappola. He's asking Page 160 1 Proceedings 2 us to eliminate the bathroom in the basement. We 3 went over and looked at this and we're going to 4 agree to this, case number 5183, 105 Candlewood. 5 Condition number seven now will read, there will 6 be no apartment in the basement area. We have 7 down one kitchen only. Second on that? 8 MR. BURKE: Second. 9 THE CHAIRMAN: Everybody in favor 10 say aye. 11 (Chorus of Ayes) 12 THE CHAIRMAN: Mario Canteros, 13 Sommerville Place, this is case 4972, and case 14 4971. I make a motion we give him a six month 15 extension on both these pieces of property. $500 16 fee within 30 days from today. Do I have a 17 second? 18 MR. SINGH: Second. 19 THE CHAIRMAN: On both cases, 20 everybody in favor say aye. 21 (Chorus of Ayes) 22 THE CHAIRMAN: Did you want to say 23 something? 24 MS. LITTLE: I'm concerned about 25 the situation with this particular place. Has he Page 161 1 Proceedings 2 dug the property? 3 MR. SCHNEIDER: No permit. 4 MS. LITTLE: Nothing has happened? 5 THE CHAIRMAN: I would give him a 6 six month extension. We just voted on if he 7 comes back again we will take a closer look at 8 this, believe me. 9 Then we have 118 Webster Avenue, 10 case 4602, needs one year to complete the 11 project. I don't know what's going on, we gave 12 him several variances. Would you get a hold of 13 Mr. Morano on this, Commissioner? I make a 14 motion to give a 60 day extension from today, and 15 the fee $500. We gave him one back in September. 16 Did he pay the $500 fee? 30 day extension. 17 Check it, you have got to let me know. If he 18 didn't pay that fee he has to pay that too. 19 Otherwise, bring him back in 60 days. I will 20 tell you right now this is going nowhere. Do I 21 have a second on the motion? 22 MR. BURKE: Second. 23 THE CHAIRMAN: Everybody in favor 24 say aye. 25 (Chorus of Ayes) Page 162 1 Proceedings 2 THE CHAIRMAN: The next case up 3 for tonight, Cross County Center. The Chairman 4 of the Board is going to abstain from this case 5 and I ask that the Board appoint Mr. Landi 6 temporary Chairman, or Acting Chairman, excuse 7 me. Do I have a second on the motion? 8 MR. BLANCHARD: Absolutely. 9 THE CHAIRMAN: Everybody in favor 10 say aye. 11 (Chorus of Ayes) 12 THE CHAIRMAN: Mr. Landi? 13 MR. LANDI: I'd like to reconvene 14 the meet the public hearing portion of the 15 meeting. The next case is case 5525, relocation 16 of non-conforming use, Alfred DelBello Esquire, 17 on behalf of Brooks Shopping Center, LLC, owner, 18 to relocate a legal nonconforming use of building 19 intended to be demolished into a new building on 20 the same property. Whereas, an existing 21 nonconforming use is not permitted to be moved in 22 whole or in part to any other portion of a lot or 23 parcel of land per Section 43-21B(1), approval 24 of Zoning Board of Appeals is required on 25 premises known as 8098 Central Park Avenue, Block Page 163 1 Proceedings 2 5170, Lot 40, zone BR. 3 Before we begin, I'd like to make 4 a point that Chairman Cianciulli had a potential 5 conflict and has left the meeting, and has left 6 the building. 7 Mr. DelBello, has everybody 8 within a 200 foot radius been notified? 9 MR. DELBELLO: We sent out in the 10 range of 104 notices and all of the notices and 11 receipts and returns have been filed with Carol 12 Schwartz. 13 MR. LANDI: Thank you, sir. We're 14 here by ourselves, so I don't have to ask if 15 anybody in the audience wishes to move up. Mr. 16 DelBello? 17 MR. DELBELLO: This is a project 18 which I think this Board is very, very familiar 19 with. Actually, this project started with this 20 Board about five years ago when we came before 21 you for the very first variances. And they were 22 granted allowing us to move on to the Planning 23 Board for site plan approval, and then in the 24 process of developing the project there were a 25 series of amendments to the site plan, we came Page 164 1 Proceedings 2 back to this Board. Around two years ago we 3 received some additional variances and for those 4 of you who have gone by the project, you know 5 it's well underway, very much underway. All of 6 the merchants are still in place operating 7 despite the fact that there is a great deal of 8 construction taking place. And I think it's 9 looking pretty good, as I'm sure you do. 10 I'm joined this evening by 11 Mr. Sean Cutter who is the project manager and 12 can answer any questions with regard to the 13 project and where it is today. But the reason 14 we're before you, as you have seen in this notice 15 and in our filing, is a very simple issue. The 16 Westchester Community College has been in the 17 office building, the old hospital building, which 18 is now the office building since August of 2001. 19 Prior to that there was another college, Mercy 20 College was in there. Mercy I don't know how far 21 back they went. But Cross County was always host 22 to a college for many, many, many years servicing 23 the people of Westchester County. When we came 24 before you for the area variances, we did not 25 anticipate that we would need an area variance to Page 165 1 Proceedings 2 move the Westchester Community College because 3 we're vacating the old office building and we're 4 now moving them into what is Building 8 which is 5 a two story major building on the main mall. The 6 mall that connects Sears to Macy's. They are 7 going to be moved to the second floor of the 8 building which is Building 8 in the diagrams we 9 submitted to you. We were not aware that we 10 would need an area variance to move them. The 11 reason we went weren't aware was, as you may know 12 that Cross County Shopping Center is in a BR 13 zone. At the time the colleges were located 14 there that was a permitted use within the BR 15 zone. But when the zoning code was changed they 16 created the CU zone which was College/University 17 zone and took that use out of the BR zone which 18 made the college an illegal nonconforming use. 19 To move or modify a legal 20 nonconforming use we need your Board's 21 permission, and that's what we're here for. 22 I did write a letter to your Board asking if you 23 would consider a decision this evening which I 24 know is not the normal thing that you do, but let 25 mean explain why. The new semester at the Page 166 1 Proceedings 2 community college starts in August. Sean Cutter 3 tells me that if they can get an approval tonight 4 and they go to work immediately they can probably 5 construct the fit-out that's needed for the 6 college by August to allow them to open the new 7 semester in the new location. I thought that was 8 important enough to ask your Board's 9 consideration. So we're before you this evening 10 for the permission to move that nonconforming use 11 from the old office building to the newly 12 renovated building on the mall and to allow, 13 hopefully, the community college to move ahead. 14 Now, let me also bring out one 15 other factor why this is very important. As the 16 community college's lease was expiring, the 17 community college went out with an RFP, request 18 for proposals, to see if there was a better deal 19 in another location to locate this branch of the 20 college. There was a chance then that college 21 would have moved out of the City of Yonkers, 22 would have gone to a location that might have 23 been more economical, et cetera, et cetera, 24 according to an RFP. The Cross County Shopping 25 Center won the RFP. So because they were able to Page 167 1 Proceedings 2 price it right and do the right thing, they are 3 able now to keep the community college in Yonkers 4 at the Cross County Center where it's been. So 5 there are a number of reasons why the people of 6 Yonkers, Cross County Shopping Center, 7 Westchester Community College, it's important 8 that we get this matter settled as quickly as 9 possible. Thank you. 10 MR. LANDI: Does the Board have 11 any questions? 12 MR. BLANCHARD: Yes, Mr. Chairman. 13 Mr. DelBello, where is this building you will 14 have ready by August that you're going to put 15 them in? 16 MR. DELBELLO: The building, if 17 I'm correct, I believe the building is all ready. 18 MR. LANDI: Mr. Cutter, are a 19 lawyer? 20 MR. CUTTER: I'm not. 21 (Speaker Sworn) 22 MR. LANDI: State your name and 23 address. 24 MR. CUTTER: Sean Cutter, 1175 25 Victor, Pittsford, New York. In the package Page 168 1 Proceedings 2 tonight there is a site plan that shows existing 3 in the proposed location. The proposed location 4 is already a renovated building where our mall 5 offices are, as well a two story building. The 6 space is ready, just needs to be fit out for the 7 college. Right now it's a vacant space. 8 MR. BLANCHARD: You will have it 9 done by August? 10 MR. CUTTER: We're going to 11 certainly try. Going out for RDP trying to keep 12 them in Yonkers Cross County Shopping Center, so 13 we're dealing with it. 14 MR. BLANCHARD: Thank you. 15 MR. LANDI: Miss Little? 16 MS. LITTLE: Is there about the 17 same amount of space from existing building to 18 this new building? 19 MR. CUTTER: Yes, most class 20 screens, computer terminals really bring it up to 21 the space. 22 MS. LITTLE: Where I was it? 23 MR. CUTTER: On the fifth floor in 24 the office building now on the second story 25 overlooking is the mall area. Page 169 1 Proceedings 2 MR. LANDI: Anyone here present 3 who wishes to speak in favor or against? Hearing 4 none, I make a motion we close this public 5 hearing. However, the Board reserves the right 6 to reopen the case for any reason, any time 7 whatsoever, including after decision is made. 8 I made a motion to close the 9 hearing. Do I have a second? 10 MR. BURKE: Second. 11 MR. LANDI: All in favor? 12 (Chorus of Ayes) 13 MR. LANDI: Mr. DelBello, there 14 should a letter in your packet basically asking 15 this Honorable Board to render a decision this 16 evening. Before we can vote on that, just to let 17 you know, we do have a report from the Planning 18 Department, they had no concerns; reports from 19 the Traffic Engineer, he has no concerns with the 20 relocation, will not bring any additional traffic 21 or parking problems. Also, a letter from Ed 22 Borrows, Acting Commissioner of Westchester 23 County Planning, he has no concerns. So we have 24 covered all bases. 25 So with the Board's permission, I Page 170 1 Proceedings 2 would like to put on the floor a motion with the 3 permission of the Board, any objections? Yes, 4 Mr. Burke? 5 MR. BURKE: Mr. Landi, will we be 6 able to put it in the motion the conditions on 7 this now? 8 MR. LANDI: Absolutely. We're 9 going to put the conditions, it will be a 10 finished approval. That being said case, number 11 5225, relocation of a non-conforming use, Alfred 12 DelBello, Esquire, on behalf of Brooks Shopping 13 Center, LLC, to relocate a legal nonconforming 14 use from a building intended to be demolished 15 into a new building on the same property. 16 Whereas, an existing nonconforming use is not 17 permitted to be moved in whole or in part to any 18 other portion of the lot or parcel of land, 19 Section 43-21B(1), approval of Zoning Board of 20 Appeals is required on premises known as 808 21 Central Park Avenue, Block 5170, Lot 40, zone BR. 22 The Cross County Shopping Center 23 is currently undergoing expansion and renovation. 24 In compliance with the approvals received by 25 Zoning Board of Appeals and Planning Board as Page 171 1 Proceedings 2 testified approved demolition of the existing 3 office building currently housing Westchester 4 Community College and relocation of Westchester 5 Community College was complicated relocation, not 6 specifically relocated approval due to the change 7 in zoning of college and universities are no 8 longer zoning uses in BR district. As testified 9 the owner/applicant would be required to permit 10 Westchester Community College relocation as shown 11 on drawing WCC-1 dated 3/25/2010. 12 I make a motion to approve the 13 request for relocation of a nonconforming use 14 subject to conditions based on facts, findings, 15 information and testimony presented to this Board 16 at the public hearing, site visit by Members of 17 the Zoning Board or otherwise obtained. 18 In making this determination the 19 Zoning Board of Appeals shall take into the 20 consideration the benefit to the applicant and/or 21 owner if the variance is granted, as weighed 22 against the detriment to the health, safety and 23 welfare of the neighborhood or community by such 24 grant. In making such determination the Board 25 shall also consider the following: Page 172 1 Proceedings 2 One, whether undesirable changes 3 will be produced in the character of the 4 neighborhood or detriment to nearby properties 5 will be created by granting of the variance. 6 As testified, Westchester 7 Community College has been located at Cross 8 County Shopping Center for many years. In 9 granting the location of the nonconforming use 10 will not produce an undesirable change in the 11 character or neighborhood or detriment to nearby 12 properties. 13 Two, whether the benefit sought 14 by the applicant and/or owner can be achieved by 15 some other method feasible for the applicant 16 and/or owner to pursue other than a variance. 17 The Board believes that the 18 benefit sought cannot be achieved by some other 19 method feasible, other means by granting the 20 requested variance. 21 Three, whether the requested 22 variance is substantial. The space occupied by 23 Westchester Community College is similar to the 24 post relocated site. The Board does not consider 25 the requested variance to be substantial. Page 173 1 Proceedings 2 Four, whether the proposed 3 variance will have an adverse effect on the 4 physical or environmental conditions in the 5 neighborhood or district. 6 As testified, retention of 7 Westchester Community College at this site does 8 provide the educational benefit to the community. 9 The variance will not have an adverse effect on 10 the physical or environmental condition of the 11 neighborhood. 12 Five, whether the alleged 13 difficulty was self-created. The alleged 14 difficulty was self-created which consideration 15 is relevant to the decision but not necessary to 16 approve the granting of the variance subject to 17 conditions. 18 The Board grants the requested 19 variance subject to the following conditions: 20 One, all health, safety, fire, 21 building, zoning, environmental codes shall be 22 adhered to at all times by the applicant or 23 property owner. 24 Two, the applicant or property 25 owner shall provide to this Board within 45 days Page 174 1 Proceedings 2 from April 20, 2010 certified affidavit that all 3 real estate taxes have been paid to date, whether 4 any certiorari proceedings are underway. 5 Three, the applicant and/or 6 property owner shall apply for building permit 7 and pay all fees and/or fines to the Department 8 of Housing and Buildings, City of Yonkers within 9 60 days from April 20, 2010. 10 Four, within one year from 11 today's date that the Westchester Community 12 College be at the relocated site and the existing 13 site currently housing Westchester Community 14 College shall be demolished. 15 Five, the conditions be specified 16 on the Certificate of Occupancy, and the 17 applicant and/or property owner shall permit 18 inspection at the discretion of the Department of 19 Housing and Buildings, City of Yonkers, at least 20 once every calendar year for the purpose of 21 determining conditions are being satisfied. 22 Six, should the applicant and/or 23 property owner not comply with breach or violate 24 any of the conditions at any time the variance 25 approval is hereby rescinded and authorizes the Page 175 1 Proceedings 2 Department of Housing and Buildings to take 3 appropriate action. 4 Seven all expenses associated 5 with the conditions shall be the responsibility 6 of applicant or property owner. Do I have a 7 second? 8 MR. BLANCHARD: Second. 9 MR. LANDI: Mrs. Pearson? 10 MS. PEARSON: For the motion. 11 MR. LANDI: Mr. Blanchard? 12 MR. BLANCHARD: For the motion. 13 MR. LANDI: Mr. Burke? 14 MR. BURKE: For the motion. 15 MR. LANDI: Mr. Singh? 16 MR. SINGH: For the motion. 17 MR. LANDI: Mrs. Little? 18 MS. LITTLE: For the motion. 19 MR. LANDI: Chairman votes for the 20 motion, motion is carried 6-0. 21 MR. DELBELLO: Mr. Chairman, may I 22 raise an issue? I'm informed by Mr. Cutter that 23 we will have trouble complying with number four, 24 tearing the building down within one year. I'm 25 not sure of the reasons. May we address that Page 176 1 Proceedings 2 issue? I know you have taken a vote but may we 3 address that? 4 MR. LANDI: Our philosophy is one 5 of the reasons we're accepting the fact that 6 you're relocating Westchester Community College 7 and the fact this Honorable Board took it under 8 consideration to give you the variance and time 9 to do that, we don't want to create two sites 10 with traffic and potential parking problems. 11 That's behind the decision. Somehow you're not 12 going to create traffic or additional parking. 13 Perhaps you can put it into a letter to us. But 14 that was the reason for putting that condition in 15 the decision. 16 MR. DELBELLO: Can I confer one 17 second? The problem Mr. Cutter informed me there 18 are 10 more tenants in the building. The 19 question is whether we can get those tenants 20 relocated within the period of a year. 21 MR. LANDI: What I suggest you do, 22 Mr. DelBello or Mr. Cutter, that you accept this 23 as it is tonight and as you see this project goes 24 along you come back to this Board. 25 MR. DELBELLO: Okay, will do. Page 177 1 Proceedings 2 MR. LANDI: Mr. Burke? 3 MR. BURKE: Good evening. 4 Mr. DelBello, how much longer will those other 5 tenants be in the building? 6 MR. DELBELLO: Let me have 7 Mr. Cutter respond? 8 MR. CUTTER: That's what we're in 9 the process right now, we're in the process of 10 deleasing the offices going through floor by 11 floor and trying to renegotiated, relocate or 12 terminate leases. So the one we can agree, to 13 know future C of O be granted for any space 14 within the offices, we're not looking to lease 15 it, we're deleasing. So if you want to restrict 16 C of O's and propose that to be an option, 17 restrict C of O's in the office building. But a 18 year, depended like I said, available spacing. 19 Not just our property but trying to get all those 20 leases. 21 MR. BURKE: How long do you 22 anticipate? 23 MR. CUTTER: A year is what we 24 want to work with, but to sit here and commit to 25 that, to have it demolished withinne year, that Page 178 1 Proceedings 2 project will be at least a six to 12 month 3 project to de-erect it. De-erect it with active 4 tenants on the first floor. That's complicated 5 in itself. I anticipate 12 month relocation and 6 12 month deconstruction process. 7 MR. BURKE: Thank you. 8 MR. DELBELLO: So we can agree 9 that we will not reoccupy any new Certificate of 10 Occupancy granted for that building. 11 MR. LANDI: Again, we have already 12 voted on the motion. I suggested you address 13 that you with the Board they may take it up. 14 Mr. DELBELLO: Thank you. 15 MR. LANDI: Any other business 16 before the Board? Motion to adjourn? 17 MR. BURKE: Motion. 18 MS. LITTLE: Second. 19 MR. LANDI: We're adjourned. 20 21 22 23 24 25 Page 179 1 Proceedings 2 C E R T I F I C A T I O N 3 4 STATE OF NEW YORK ) 5 ) SS. 6 COUNTY OF WESTCHESTER ) 7 8 I, Lynn Farrell, Court Reporter and Notary Public within and for the County of 9 Westchester, State of New York, do hereby certify: 10 That I reported the proceedings that 11 are hereinbefore set forth, and that such transcript is a true and accurate record of 12 said proceedings 13 AND, I further certify that I am not related to any of the parties to this action 14 by blood or marriage, and that I am in no way interested in the outcome of this matter. 15 IN WITNESS WHEREOF, I have hereunto 16 set my hand. 17 ______18 LYNN FARRELL COURT REPORTER 19 20 21 22 23 24 25