Proceedings DEPARTMENT of HOUSING and BUILDINGS: CITY of YONKERS

Page 1 Proceedings

DEPARTMENT OF HOUSING AND BUILDINGS: CITY OF YONKERS

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ZONING BOARD OF APPEALS

JULY 21, 2009 6:00 P.M. City Hall Yonkers, New York

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PRESENT: JOSEPH CIANCIULLI, Chairperson JAMES BLANCHARD, Member (Absent) DIANE PEARSON, Member(Absent) NANCY LITTLE, Member LEVAR BURKE, Member(Absent) HARRY SINGH, Member ANTHONY LANDI, Member WILLIAM SCHNEIDER, Building Department ALAIN NATCHEV, 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 #5161- Andrew Romano, 402 Saw Mill River Road 112 4 #5165- Smith, Buss & Jacobs, 2 Manor House Square 6 #5168- Andrew Romano, 354 Riverdale Avenue 118 5 #5169- Edward D'Amore, 31 Durst Place 14 6 ADJOURNED CASES 7 #5042-A- Andrew Romano, 6 aka 4 Warburton Avenue 6 #5157- Smith, Buss & Jacobs, 322 Yonkers Avenue 6 8 #5162- Snyder & Snyder, 230 Yonkers Avenue 6 #5163- Snyder & Snyder, 61-65 Central Park Avenue 6 9 #5164- James Dibbini, 2 Royal Street 6 #5166- Andrew Romano, 273 Kimball Avenue 6 10 #5167- James A.Gibbons, 23 Desmond Avenue 18 #5171- Andrew Balint, 28 Inverness Road 6 11 12 CONTINUED HEARINGS 13 14 NEW HEARINGS #5172-Mario Canteros, 215 Sommerville Place 20 15 #5173-Mario Canteros, 221 Sommerville Place 20 #5174-Andrew Romano, 487 Central Park Avenue 101 16 #5175-Andrew Romano, 22 Lindsey Street 90 #5176-Christopher Allocco, 68-72 Hancock Avenue 41 17 #5177-Snyder & Snyder, 1-3 Remsen Road 31 #5178-Andrew Romano, 222-236 Grandview Blvd 74 18 19 EXTENSIONS #5074-1270 Nepperhan Avenue, Denied 20 #5113 Dock Street #4538- Yonkers Avenue 21 #4679-570 South Broadway #4576- Children's home 22 #4738-1618 Warburton Avenue 23 24 25 Page 3 1 Proceedings 2 THE CHAIRMAN: Ladies and 3 gentlemen, the July 2009 public hearing for the 4 Zoning Board of Appeals is now in session. Will 5 the members introduce themselves starting with 6 Mr. Landi. 7 MR. LANDI: Anthony Landi. 8 MR. SINGH: Harry Singh. 9 MS. LITTLE: Nancy Little. 10 THE CHAIRMAN: I am Joseph 11 Cianciulli, Chairman of the Board. Absent 12 tonight will be Mrs. Diane Pearson and Mr. Jim 13 Blanchard. I haven't heard from Mr. Burke yet so 14 if he shows up, fine. If he doesn't, we have 15 four members, we have a quorum. Bring up the 16 children we want them to help with the Pledge of 17 Allegiance. Everybody please stand for the 18 Pledge of Allegiance led by Commissioner 19 Schneider. 20 (Pledge of Allegiance) 21 THE CHAIRMAN: We are going to 22 have a moment of silence a friend of mine whose 23 mother died today, Mrs. Nancy Sipriani. 24 Mrs. Sepriani was a lovely person. Every time 25 we'd go to Mike and Nancy's house she'd be there Page 4 1 Proceedings 2 and a wonderful, wonderful person. I'm very sad 3 about it. She passed on this morning. So I'd 4 like to take a moment of silence for 5 Mrs. Sipriani. 6 (Moment of Silence) 7 THE CHAIRMAN: To my right is 8 Deputy Commissioner William Schneider. To my left 9 is Alain Natchev, Assistant Corporation Counsel 10 and to my far left is Commissioner Ellman, 11 Planning Department. There's a few rules we have 12 tonight, one of the rules is that we don't allow 13 talking in the chambers, I'm very strict on this. 14 If you want to talk go outside. If I see it 15 that's where you're going to go. If you have a 16 cell phone put it on buzz or turn it off now 17 because if I hear it it comes up here with me and 18 it stays with me and I will give it to you when I 19 go home tonight, that could be very late. The 20 other thing, as Chairman of the Board I reserve 21 the right to take the cases in any order I wish. 22 We're going to have some 23 decisions tonight. We will not have a decision 24 on 220 Yonkers Avenue, the motel, no decision. 25 There will be a decision on 402 Saw Mill River Page 5 1 Proceedings 2 Road. Mr. Romano, step up and identify yourself, 3 please. 4 MR. ROMANO: Andrew M. Romano, 20 5 South Broadway, Yonkers, New York, attorney for 6 the applicant. 7 THE CHAIRMAN: Anybody here from 8 402 Saw Mill River Road? 9 MR. ROMANO: No, sir. 10 THE CHAIRMAN: We will take that 11 at the end of the night. Mr. Romano, we will not 12 have a decision 61-65 Central Park Avenue, 13 Mr. Snyder. No decision on 2 Royal Street. 14 Anybody here on 2 Royal Street? We will have a 15 decision tonight on 2 Manor House Square. 16 Anybody here tonight on 2 Manor House Square? 17 Okay, sit down. We will not have a decision on 6 18 Warburton Avenue. Anybody here on 6 Warburton? 19 We're going to put that over, Mr. Romano. 273 20 Kimball Avenue, still some more information to 21 come. We will have a decision on 354 Riverdale 22 Avenue. Is your client here, Mr. Romano? 23 MR. ROMANO: No, sir. 24 THE CHAIRMAN: So we will put that 25 over to the end. We will have a decision on 31 Page 6 1 Proceedings 2 Durst Place, we will have a decision. Anybody 3 here tonight? We'll not have a decision 28 4 Inverness Road. We will go with 5165 and then 5 5168. 6 I will make a motion to accept 7 the minutes of the last meeting. 8 MR. LANDI: Second. 9 THE CHAIRMAN: Everybody in favor 10 say aye. 11 (Chorus of Ayes) 12 THE CHAIRMAN: Opposed? Carried. 13 I will make a motion to put over cases 5157, 322 14 Yonkers Avenue; 5162, 220 Yonkers Avenue; 5163, 15 65 Central Park Avenue; 5164, 2 Royal Street; 16 5042-A 6 Warburton Avenue; 5166, 273 Kimball 17 Avenue; 5171, 28 Inverness Road. Do I have a 18 second? 19 MS. LITTLE: Second. 20 THE CHAIRMAN: Everyone in favor 21 say aye. 22 (Chorus of Ayes) 23 THE CHAIRMAN: Opposed? Carried. 24 The first decision is case 5165, 2 Manor House 25 Square. Do I have a motion, please? Page 7 1 Proceedings 2 MR. LANDI: Mr. Chairman? 3 THE CHAIRMAN: Mr. Landi? 4 MR. LANDI: Case number 5165, area 5 variance, Smith, Buss & Jacobs LLC, on behalf of 6 Manor House Square LLC, owner, to increase the 7 height of the existing building to match the 8 height of the adjoining building located at 41 9 North Broadway. Exceeding maximum permitted 10 height as per Section 43-27, Table 43-3, required 11 50, proposed 56 feet five inches on premises 12 known as 2 Manor House Square, Block 2003, Lot 13 13, zone CBD. 14 I make a motion to approve the 15 request for the area variance, subject to 16 conditions based on facts, findings and 17 information, and testimony presented to this 18 Board at the public hearing site visits by 19 members of the Zoning Board or otherwise 20 obtained. 21 In making its decision, the 22 Zoning Board of Appeals shall take into 23 consideration the benefit to the applicant and/or 24 owner if the variance is granted as weighed 25 against the detriment to the health, safety and Page 8 1 Proceedings 2 welfare of the neighborhood or community by such 3 grant. In making such determination the Board 4 shall also consider the following: 5 One, whether undesirable changes 6 will be produced in the character of the 7 neighborhood or detriment to nearby properties 8 will be created by granting of the area variance. 9 The granting of the area 10 variance will not produce an undesirable change 11 in the neighborhood or nearby properties. The 12 Board considers that returning the building to 13 the proposed use is in the best interest of the 14 City of Yonkers and downtown area revival. 15 Two, whether the benefit sought 16 by the applicant and/or owner can be achieved by 17 some other method feasible for the applicant 18 and/or owner to pursue other than an area 19 variance. 20 The benefit cannot be achieved by 21 some other method other than by granting the area 22 variance. 23 Three, whether the requested area 24 variance is substantial. The Board does not 25 consider the requested height area variance Page 9 1 Proceedings 2 substantial in relation to the existing 3 surrounding and adjoining buildings. This 4 structure will not be higher than other buildings 5 in the immediate vicinity. 6 Four, whether the proposed 7 variance will have an adverse effect on the 8 physical or environmental conditions in the 9 neighborhood or district. 10 The granting of the height 11 variance will not have an adverse effect on air 12 circulation, light, height, sewer, water or 13 drainage. Based on the Traffic Engineering 14 report, off-street parking demand will be 15 increased. However, it is recognized that no new 16 parking is generally not available in existing 17 buildings in the Cbd zone. The ZBA will address 18 the parking issues in the conditions at the end 19 of this motion. 20 Five, whether the alleged 21 difficulty was self-created. The alleged 22 difficulty was self-created, which consideration 23 is relevant to the decision but shall not 24 necessarily preclude the granting of the area 25 variance. Page 10 1 Proceedings 2 The Board grants the requested 3 variance subject to the following conditions: 4 One, all health, safety, fire, 5 building, zoning and environmental codes shall be 6 adhered to at all times by the applicant and/or 7 property owner. 8 Two, the applicant and/or 9 property owner shall provide to this Board within 10 45 days from July 21st, 2009 a certified 11 affidavit that all real estate taxes due have 12 been paid to date and whether any certiorari 13 proceedings are underway. 14 Three, the applicant and/or 15 property owner shall apply for building permit 16 and pay all appropriate fees and/or fines to the 17 Department of Housing and Buildings, City of 18 Yonkers within 60 days from July 21st, 2009. 19 Four, fire, smoke and carbon 20 monoxide detectors shall be installed, hard wired 21 throughout the dwelling and be connected to an 22 outside independent 24 hour monitoring service 23 such as ADT. 24 Five, sprinkler system shall be 25 installed and shall be connected to an outside Page 11 1 Proceedings 2 independent 24 hour monitoring service such as 3 ADT. 4 Six, any changes in occupancy, 5 whether full or partial shall require the 6 applicant/owner to come back to the ZBA for 7 permission for such changes, and a public hearing 8 along with other city approvals which may be 9 required. 10 Seven, no window air conditioning 11 units shall be installed but flush in wall units 12 shall be permitted. 13 Eight, all perimeter sidewalks 14 and curbs shall be installed and completed prior 15 to occupancy of the premises. 16 Nine, security cameras shall be 17 installed throughout the premises. The cameras 18 shall provide real time images that can be 19 reviewed and/or monitored 24 hours by an outside 20 monitoring service such as ADT. 21 Ten, as recommended by the 22 Planning Director, the applicant/owner shall 23 maintain the identity of the two facades so as to 24 keep the nature of the downtown where individual 25 buildings were butted tightly against one another Page 12 1 Proceedings 2 to create a seamless facade in the downtown. 3 Eleven, no dance floor, live 4 music or cabaret shall be permitted. 5 Twelve, no transportation type 6 businesses shall be permitted. 7 Thirteen, any restaurant business 8 shall have a seating capacity of no more than 88 9 persons. 10 Fourteen, applicant/owner shall 11 lease on a permanent basis a minimum of 20 spaces 12 at the municipal lot at Larkin Plaza. These 13 space shall be marked for the customers and 14 employees only. 15 Fifteen, upper floors shall be 16 residential only, can be used for live work 17 units. 18 Sixteen, these conditions shall 19 be specified on the Certificate of Occupancy and 20 the applicant and/or property owner shall permit 21 inspections at the discretion of the Department 22 of Housing and Buildings, City of Yonkers, at 23 least once every calendar year for the purpose of 24 determining that the conditions are being 25 satisfied. Page 13 1 Proceedings 2 Seventeen, should the applicant 3 or property owner not comply with, breach or 4 violate any of the conditions at any time the 5 variance approval is hereby rescinded and 6 authorizes the Department of Housing and 7 Buildings, City of Yonkers, to take appropriate 8 action. 9 Eighteen, all expenses associated 10 with these conditions shall be the responsibility 11 of the applicant and/or property owner. 12 Mr. Chairman? 13 THE CHAIRMAN: Do I have a second 14 on the motion? 15 MS. LITTLE: Second. 16 THE CHAIRMAN: On the motion, Mr. 17 Landi? 18 MR. LANDI: 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 carried 4-3 absent right now. 25 The next decision tonight we're Page 14 1 Proceedings 2 going to have is, we're going to have a decision 3 on case 5169, 31 Durst Place. Do I have a 4 decision, please? 5 MR. LANDI: Mr. Chairman? 6 THE CHAIRMAN: Mr. Landi? 7 MR. LANDI: Case number 5169, 8 Edward D'Amore, R.A. on behalf of Jesus and Kelcy 9 Pichardo, owners, to construct a new two car 10 garage addition to existing two car garage. 11 Exceeding the maximum number of permitted 12 vehicles on the lot in an S-50 zone, required 13 three, proposed four, as per Section 43-44A(8)(C) 14 on the premises known as 31 Durst Place, Block 15 6078, Lot 53, Zone S-50. 16 As testified, the above premises 17 has been owned by the current owners since 1997. 18 The subject property is a rather large parcel of 19 land, 25,000 square feet, in a 5,000 square foot 20 zone. The current building coverage is 16.9 21 percent, well below the 40 percent allowable. 22 The applicant/owner proposes to construct an 23 additional two car garage in close proximity to 24 adjacent occupied property to the north. 25 I make a motion to deny the Page 15 1 Proceedings 2 request for area variance, subject to conditions 3 based on facts, findings, information and 4 testimony presented to this Board at the public 5 hearing, site visits by the members of the Zoning 6 Board or otherwise obtained. 7 In making this determination, 8 Zoning Board of Appeals shall take into 9 consideration the benefit to the applicant and/or 10 owner if the variance is granted as weighed 11 against the detriment to the health, safety 12 welfare of the neighborhood or community by such 13 grant. In making such determination the Board 14 shall also consider the following: 15 One, whether undesirable changes 16 will be produced in the character of the 17 neighborhood or detriment to nearby properties 18 will be created by granting of the area variance. 19 The ZBA recognizes the premises 20 will remain a single family dwelling on oversized 21 lot. However, based upon testimony received and 22 site visits by the ZBA, the ZBA considers the 23 proposed location of the additional two car 24 garage would create a detriment to nearby 25 properties. Page 16 1 Proceedings 2 Two, whether the benefit sought 3 by the applicant and/or owner can be achieved by 4 some other method feasible for the applicant 5 and/or owner to pursue other than the area 6 variance. 7 The owner/applicant wants to 8 garage four cars on an oversized lot in a one 9 family zone. The benefit sought cannot be 10 achieved by some other method other than the area 11 variance. The City Planning Director has offered 12 a seemingly reasonable alternative in the 13 proposed garage location which may mitigate if 14 not eliminate the perceived detriment. By 15 testimony the owner/applicant has rejected this 16 reasonable offer. 17 Three, whether the requested 18 variance is substantial. The increased number of 19 vehicles permitted on an S-50 lot from three to 20 four, with 33 percent increase is substantial. 21 Four, whether the proposed 22 variance will have an adverse effect on the 23 physical or environmental condition in the 24 neighborhood or district. 25 The ZBA considers the proposed Page 17 1 Proceedings 2 additional two car garage location will have an 3 adverse effect on the physical impact with regard 4 to light, air circulation and visual on the 5 neighborhood and adjoining property. As 6 testified, the Planning Director offered the 7 solution to mitigate the above, which would 8 provide an open area and a buffer to the joint 9 properties. 10 Five, whether the alleged 11 difficulty was self-created. The applicant/owner 12 has testified that the alleged difficulty was 13 self-created. Mr. Chairman. 14 THE CHAIRMAN: Thank you, Mr. 15 Landi. Do I have a second on the motion? 16 MS. LITTLE: Second. 17 MS. LITTLE: Second. 18 THE CHAIRMAN: On the motion, Mr. 19 Landi? 20 MR. LANDI: For the motion. 21 THE CHAIRMAN: Mr. Singh? 22 MR. SINGH: For the motion. 23 THE CHAIRMAN: Mrs. Little? 24 MS. LITTLE: For the motion. 25 THE CHAIRMAN: Chairman votes for Page 18 1 Proceedings 2 the motion. Motion carried 4-3 absent right now. 3 I spoke to Mr. Romano before. 4 We're going to put the other two decisions over 5 to the end of the night. Maybe if somebody comes 6 in on the case, if not we will put them over 7 until the end of the night and proceed with the 8 new hearings, try to get everybody out of here at 9 a decent time. 10 First case tonight, is case 5167. 11 Is Mr. Gibbons here? This case is over on 12 Desmond Avenue. Is anybody here on this case on 13 Desmond Avenue? When you come off the Bronx 14 River Parkway going southbound you come into 15 Yonkers and make a right and another right, you 16 go into Bronxville. Is there anybody here? 17 Mr. Gibbons has respectfully requested an 18 adjournment to the September meeting. His client 19 is continuing preparation of the case and 20 actively interviewing counsel. I spoke to him 21 early today and would like to postpone until 22 September's meeting. I'm going to make a motion 23 to put this case on for the September meeting. 24 Do I have a second? 25 MR. LANDI: Second. Page 19 1 Proceedings 2 THE CHAIRMAN: MS. LITTLE: Second. 3 THE CHAIRMAN: On the motion, Mr. 4 Landi? 5 MR. LANDI: For the motion. 6 THE CHAIRMAN: Mr. Singh? 7 MR. SINGH: For the motion. 8 THE CHAIRMAN: Mrs. Little? 9 MS. LITTLE: For the motion. 10 THE CHAIRMAN: Chairman votes for 11 the motion. Motion carried 4-3 absent right now. 12 Now, Commissioner, this comes on 13 in September. I don't want to put it on first 14 whenever it comes in, that's when it comes in. 15 All new signs, new notice, the works, okay? 16 MR. SCHNEIDER: Yes. 17 THE CHAIRMAN: How many people 18 here tonight on Sommerville Place? There's two 19 cases, case 5172 and 5173. Raise your hands. 20 How many people here on 5174, 487 Central Park 21 Avenue, the gas station on Central Park Avenue 22 and Loring Avenue? How many people here tonight 23 on 22 Lindsey Street, where it's Yonkers Avenue 24 where Sinatra's funeral parlor is, you make a 25 right turn and go in. How many people here Page 20 1 Proceedings 2 tonight on 72 Hancock Avenue, off McLean Avenue? 3 How many people here on Remsen Road, a cell tower 4 on an apartment house. You can see it from 5 Central Park Avenue, you have to go up Roxbury 6 Drive and make a left. How many people here 7 tonight on 236 Grandview Boulevard. 8 We'll take case 5172 and 5173 at 9 the same time. Area variance, Mario Canteros, 10 architect, on behalf of Jimmy Rugova, owner, to 11 construct a new two-family dwelling. Exceeding 12 maximum allowed number of stories, requires two 13 and half maximum, proposed is three and a half 14 stories, as per Section 43-27, Table 43-3 on 15 premises known 215 Sommerville Place, Block 2438, 16 Lot 25, M zone. Case 5173 is basically the same 17 thing only it's 221 Sommerville Place, Block 18 2438, Lot 23, M zone. 19 THE CHAIRMAN: Are you an 20 attorney, sir? 21 MR. LUSTENBERGER: Yes. 22 THE CHAIRMAN: Identify yourself, 23 please. 24 MR. LUSTENBERGER: My name is 25 Louis Lustenberger, One Bridge Street, Irvington, Page 21 1 Proceedings 2 New York. I'm the attorney for the applicant, 3 Mario Canteros, to my left, who in turn is the 4 architect for the owner, Mr. Jimmy Rugova. 5 THE CHAIRMAN: Who is going to 6 present the case, yourself? 7 MR. LUSTENBERGER: Yes. 8 THE CHAIRMAN: Are you going to 9 ask Mr. Canteros to speak? 10 MR. LUSTENBERGER: No. 11 THE CHAIRMAN: How many people 12 here tonight this case is on Sommerville Place, 13 the dead end of Sommerville Place just south of 14 Frederick Street. Anybody here tonight on this 15 case? Proceed, sir? 16 MR. LUSTENBERGER: This is an 17 application for a variance from a finding by the 18 Building Department which found that the ceiling 19 of the basement was more than seven feet above 20 grade, and therefore, the basement constituted a 21 story. And therefore, the building resulted in 22 three stories instead of the permitted two and 23 half. 24 These two properties were before 25 this Board two years ago and the Board granted Page 22 1 Proceedings 2 variances with respect to both of them as to 3 building height, front yard set back, and as to 4 the height of the retaining walls. At that time, 5 when addressing the question of height, this 6 Board also looked at the question of whether 7 there were three stories or not. At that time, 8 the Building Department had said that there 9 appeared to be three stories, but did not make a 10 definitive statement with respect to that 11 finding. Because it was raised, this Board 12 addressed it and attached three conditions to the 13 variance that it granted in 2007. 14 First, that no more than two 15 families would dwell in the buildings. Second, 16 that there would be no more than two kitchens in 17 these buildings. And finally, that there will be 18 no bathrooms present in the basement area. 19 Nothing has changed on 20 Sommerville Place since the grant of those prior 21 variances. The plans that we have submitted to 22 you this evening are the same as the plans that 23 we submitted the last time around. Our position 24 is, we believe the record is sufficient, based on 25 the hearings two years ago, to either amend the Page 23 1 Proceedings 2 prior variance or to grant a new variance taking 3 into account the existing grade but permitting it 4 to continue. The reason we say that this Board 5 went through all of the criteria of the village 6 law and Yonkers code when granting the variances 7 in 2007 and found that each of them was 8 satisfied. The basic balancing between benefit 9 to the applicant and detriment to the character 10 of neighborhood is very heavily tilted here. If 11 we were required now to go back and change the 12 grade to meet this four foot shortfall, we would 13 either have to push the building down into the 14 ground or we would have to distribute soil around 15 the outside of the building to make that seven 16 foot finding. To do so would require a complete 17 redoing of the project and consequently new 18 retaining walls and consequently new variances. 19 On the record, as it exists, we 20 respectfully submit that we do not think that it 21 is warranted. We think the record that was 22 established over a number of areas in 2007 is 23 sufficient to permit a variance now on this new 24 ground primarily because the Board looked at it 25 last time. Essentially, it's a different Page 24 1 Proceedings 2 rationale for the same outcome. This time we're 3 speaking of too high a grade and too high a 4 ceiling. Last time, they didn't use that 5 rationale but they did raise the problem of three 6 stories, and it was addressed. So we would 7 respectfully request on the record established in 8 the prior proceedings, the variance be issued 9 with respect to grade or in the alternative, that 10 that variance be amended so as to cover this 11 particular discrepancy. 12 THE CHAIRMAN: It's a virgin piece 13 of property, we agree. 14 MR. LUSTENBERGER: Yes, it's 15 undeveloped. 16 THE CHAIRMAN: So what would be 17 the problem of making the basement seven feet 18 instead of 11 feet? I don't understand it? 19 MR. LUSTENBERGER: As I understand 20 it from Mr. Canteros, he's designed it presently 21 so as you now see it in the plans. But if he has 22 to redesign it he's going to have to scoop out 23 more land underneath. If he does that the 24 building goes down. Then what is now a flat 25 driveway out to Sommerville Place becomes an Page 25 1 Proceedings 2 ascending driveway up to Sommerville Place with 3 an increasing loss of visibility and danger in 4 getting out of the garage. Alternatively, you 5 could bull doze more earth in there than the 6 plans presently call for, but if you did you 7 would have to build new retaining walls higher 8 than the retaining walls now in the plans. And 9 that would require new variances, new plans and 10 additional expense. 11 THE CHAIRMAN: We heard this case 12 two years ago, am I correct? 13 MR. LUSTENBERGER: That's correct. 14 THE CHAIRMAN: You had two years 15 to come back here. We gave you several 16 extensions. 17 MR. LUSTENBERGER: I know the 18 extensions have been duly applied for and 19 received. With the hit in the economy, the 20 builder was unable to economically build the 21 building as quickly as he wanted. The builder, 22 by that I mean the, owner, Mr. Rugova, now 23 believes he is in a position to build and would 24 start as soon as he can. He thinks he can now 25 support it. Page 26 1 Proceedings 2 THE CHAIRMAN: What's your grade 3 on the driveway? 4 MR. LUSTENBERGER: I think it's 5 essentially flat. 6 THE CHAIRMAN: Now it's flat. 7 What would be the grade if we turned down this 8 variance? You said you're going to have to steep 9 the driveway? 10 MR. LUSTENBERGER: The exact 11 amount of the grade? I do not know, it would be 12 steep. 13 THE CHAIRMAN: Do you want him to 14 speak? 15 MR. LUSTENBERGER: Yes, I do. 16 THE CHAIRMAN: Are you an 17 attorney, sir? 18 MR. CANTEROS: No. 19 (Speaker Sworn). 20 THE CHAIRMAN: State your name and 21 address, please. 22 MR. CANTEROS: Mario Canteros, 23 129 Elm Street, New Rochelle, New York. 24 THE CHAIRMAN: What's the grade 25 the way it is now? Page 27 1 Proceedings 2 MR. CANTEROS: The way we have it 3 right now in the application, the grade would be 4 in the realm of one to two percent from the 5 street, very smooth toward the garage door. If 6 we were to do it as stated in the Zoning 7 Ordinance it would raise it another two, three 8 feet, that would be more than appropriate, it 9 would be not be appropriate for any car to be 10 parked on an angle on the driveway or even coming 11 out. That would be one of the problems with the 12 parking. 13 The other, as Mr. Lustenberger 14 mentioned, is that standard practice is cut and 15 fill whatever we excavate we backfill to keep it 16 even. By us trying to meet the requirement would 17 be to actually scoop out more earth from the 18 actual hill, therefore, creating higher retaining 19 walls, would be very costly and also it's 20 something that we believe the original plans were 21 never changed. The only thing that happened from 22 the last time we were here is when I went and sat 23 down with the examiner and reviewed it and 24 reviewed the language I put in there wasn't clear 25 enough and we did a study with the average grade. Page 28 1 Proceedings 2 We were going to count one story and additional 3 story. So he mentioned to me go back to the 4 Board, you haven't changed the plans, you haven't 5 done anything. We went through the whole study 6 and ended up having that excess in height, but 7 the overall building height never changed from 8 the original variances we got back in 2008. 9 THE CHAIRMAN: So we have got the 10 grade of one to two percent. If we don't grant 11 you the variance what would the grade be? 12 MR. CANTEROS: I would say 10 to 13 20 percent, in that realm. 14 THE CHAIRMAN: Ten to 20 percent? 15 You're an architect? 16 MR. CANTEROS: Yes. 17 THE CHAIRMAN: Ten to 20 percent, 18 that's a big range. I think what you're trying 19 to do is you're trying to tell me something that 20 I don't wnat to hear. Is it 10 percent? Twenty 21 percent? Is it two or three percent? What's the 22 grade? 23 MR. CANTEROS: I'd have to do 24 calculations. I don't have the plans with me. 25 THE CHAIRMAN: Here is what we're Page 29 1 Proceedings 2 going to do. You get back to the Board, send to 3 it Mr. Schneider, he'll look at it and tell us 4 what the grade is? 5 MR. CANTEROS: I don't want to 6 give you a number that is incorrect. I know it's 7 in excess. That's why I gave you that big 8 number. I know definitely I will send to it 9 Mr. Schneider, he'll be able to concur with me. 10 THE CHAIRMAN: How big are the 11 retaining walls now? How tall are the retaining 12 walls the way it is now? 13 MR. CANTEROS: Seven to 10 feet. 14 Depends where we put them in the back and on the 15 side, but that's what we got approval for. 16 THE CHAIRMAN: We have got a 17 retaining wall, one wall, one wall, one wall, no 18 wall in front, obviously. So the retaining wall 19 on the right hand side, how big is that, the same 20 as the one on the left hand side? Otherwise, the 21 house would tilt. How long high is that? 22 MR. CANTEROS: Ten feet high. 23 THE CHAIRMAN: Now the one in the 24 back, how high is that? 25 MR. CANTEROS: Seven feet. It Page 30 1 Proceedings 2 follows the grade. 3 THE CHAIRMAN: Seven feet? 4 MR. CANTEROS: Yes. 5 THE CHAIRMAN: How high would the 6 one in the back be and the two on the side be if 7 we keep it to the seven foot basement? 8 MR. CANTEROS: Three feet added to 9 the one in the rear. The one in the rear would 10 become 10 feet and the one in the front would 11 become 13 feet. 12 THE CHAIRMAN: Add six feet in 13 front and two on the side, am I right? 14 MR. CANTEROS: Yes. 15 THE CHAIRMAN: And the one in the 16 back, two feet? 17 MR. CANTEROS: Three feet to the 18 one in the back. 19 THE CHAIRMAN: Okay, any questions 20 of the Board? Would you like to say something 21 Mr. Lustenberger? 22 MR. LUSTENBERGER: No. 23 THE CHAIRMAN: Mrs. Little? 24 MS. LITTLE: Is it the intention 25 for this to be a two-family house still in the Page 31 1 Proceedings 2 plan? 3 MR. LUSTENBERGER: Yes. 4 MS. LITTLE: Thank you. 5 THE CHAIRMAN: Any questions of 6 the Board? Anybody here tonight to speak in 7 favor of this application? Is there anybody here 8 tonight to speak in opposition of this 9 application? Mr. Lustenberger, would you like to 10 sum-up, sir? 11 MR. LUSTENBERGER: No, thank you. 12 I have said all I have to say. 13 THE CHAIRMAN: We expect some 14 information from Mr. Canteros. These two cases 15 are closed. Reserve the right to reopen for any 16 reason whatsoever, any time whatsoever. That 17 includes after decision is made. Thank you. 18 Case 5177, use and area variance. 19 Snyder and Snyder, LLP, limited liability, on 20 behalf of 1-3x Remsen Road Corporation, owner, 21 and Omnipoint Communications, lessee, to 22 construct a wireless communication facilities on 23 the existing building consisting of small panel 24 antennas mounted within a penthouse extensions 25 along with related equipment on the rooftop. Page 32 1 Proceedings 2 Whereas, the proposed use is not permitted as per 3 Section 43-27, Table 43-1. Exceeding maximum 4 height permitted Section 43-27, Table 43-3, 5 required 35 feet, proposed is 71.5 plus or minus 6 feet, on premises known as 1-3 Remsen Road, also 7 known as 57 Newport Road, Block 4350, Lot 150, 8 Zone MG. 9 Mr. Snyder, identify yourself, 10 please. 11 MR. SNYDER: Good evening, 12 Mr. Chairman, Members of the Board, David Snyder 13 on behalf of the applicant. 14 THE CHAIRMAN: Has everybody 15 within a 200 foot radius been notified, sir? 16 MR. SNYDER: Yes, Mr. Chairman. 17 THE CHAIRMAN: Did anything come 18 back? 19 MR. SNYDER: No. 20 THE CHAIRMAN: Is there anybody 21 here tonight on this case? This case is on the 22 dead end of Remsen Road. You go up Roxbury 23 Drive, make left-hand turn on Bedford, work your 24 way in that way to Remsen. Anybody here tonight 25 on this case? Proceed, Mr. Snyder. Page 33 1 Proceedings 2 MR. SNYDER: Thank you, 3 Mr. Chairman. Mr. Chairman, Members of the 4 Board, good evening. I'm appearing tonight on 5 behalf of Omnipoint Communications, also known as 6 T-Mobile, federally licensed provider of advanced 7 wireless services. Your applicant proposes to 8 install six small panel antennas on the roof of 9 the apartment building located on Remsen Road. 10 It would be a total of six antennas on the roof 11 and the equipment related thereto. The antennas 12 would be mounted on the 15 foot mast. The 13 antennas and the mast would be completely hidden 14 behind a screening wall. No antennas would be 15 visible. This site is essential to close a 16 significant gap in coverage which prevents 17 Omnipoint from providing reliable service in this 18 section of the city. This site would close that 19 gap. 20 I respectfully submit that many 21 factors favor this application. It will create 22 no odor, no dust, no noise. It complies with all 23 health and safety regulations. It utilizes an 24 existing structure, no new tower is proposed. 25 The visual impact would be mitigated by the Page 34 1 Proceedings 2 proposed screening wall. There would be no 3 adverse impact on traffic, pedestrian movement or 4 parking. This site will provide vital public 5 utility services, including improved 6 communication with 911 and emergency caller ID. 7 Mr. Chairman, Members of the 8 Board, all taxes have been paid on this property, 9 no certioraris are pending. While I believe this 10 application merits favorable consideration by 11 this honorable Board. Mr. Ellman has expressed 12 some concern concerning the height of the antenna 13 masts proposed for this location. The height of 14 these masts are essential to close the gap in 15 coverage which prevents reliable service in this 16 area. 17 However, there is an alternative. 18 Approximately, a half mile away from the proposed 19 site is the city owned Concord water tank. This 20 water tank would be an ideal site for these 21 antennas if the Board is unhappy with the 22 existing site. Were the city to consider making 23 the Concord Road site available, it would be the 24 landlord, it would generate the revenue. And 25 over the course of a 20 year lease, the City of Page 35 1 Proceedings 2 Yonkers would enjoy close to $1 million in 3 revenue. Regrettably, the City, in the past, has 4 been reluctant to open its water tanks to 5 wireless providers. In some cases, that 6 reluctance is justified. Early on, perhaps 15 7 year ago the city had a poor experience with a 8 cellular installation and that has soured its 9 outlook on antennas and water tanks. But 10 Mr. Chairman, if I may share with the Board this 11 evening, this is a recent article which describes 12 hundreds of cities across the country which have 13 enjoyed an excellent experience and received 14 thousands of dollars in revenue from water tank 15 antenna installations. 16 I would respectfully request the 17 city consider that as an option if the proposed 18 site is unacceptable. Mr. Chairman, may I hand 19 up copies of these articles? 20 THE CHAIRMAN: Come on. 21 MR. SNYDER: Mr. Chairman, in 22 conclusion, I was hoping that perhaps to 23 encourage the city administration to consider 24 possibly the water tank as a site, the Board 25 might consider a nonbinding resolution Page 36 1 Proceedings 2 recommending the city to consider this site. It 3 would be a tremendous benefit for the taxpayers, 4 tremendous benefit for the carrier, tremendous 5 benefit for the subscribers, a win-win for 6 everybody. 7 Mr. Chairman, that concludes my 8 presentation and I would be happy to respond to 9 any questions the Board may have. 10 THE CHAIRMAN: First off, I'm not 11 a sales man for the city when it comes to this. 12 If you want to solicit the city I recommend you 13 go see the Mayor or see somebody. Who do you see 14 for that, Mr. Ellman? 15 MR. ELLMAN: The Mayor or 16 Community Development. 17 THE CHAIRMAN: See Lou Kirven. 18 Let me ask you a question, I'm looking at the 19 building, I'm in front of the building, Central 20 Avenue is to my back. Where are you going to put 21 them in the back part of the building on the 22 elevator shaft? 23 MR. SNYDER: They are centrally 24 located in the middle of the property, 25 Mr. Chairman, on masts mounted on the existing, Page 37 1 Proceedings 2 elevator shafts, some type of penthouse shafts. 3 THE CHAIRMAN: The elevator shaft 4 is 35 feet high, am I correct? 5 MR. SNYDER: The building is 35, 6 the shaft goes to a finished height of 56 and 7 we're putting 15 on top for total of 71. 8 THE CHAIRMAN: Has our consultant, 9 Mr. Comi, seen this yet? 10 MR. ELLMAN: Yes, Mr. Chairman, we 11 have been up with Mr. Comi, and generally 12 Mr. Comi does not do his safety reviews until we 13 have a final set of plans from the industry. 14 That way there is no need to do it again if any 15 compromised location is worked on. In fact, that 16 is also taking place, for the Board's 17 information, at the Yonkers Avenue site where the 18 applicant is make something changes and once 19 those changes are done then Mr. Comi will do his 20 work. 21 THE CHAIRMAN: I'm reading over 22 your report. Your report is telling us that 23 these shouldn't be up that high. They don't look 24 right. 25 MR. ELLMAN: If you look at not Page 38 1 Proceedings 2 only at the elevation that Mr. Snyder's client 3 has supplied, but also the photo simulations that 4 are in the body of the Principal Points, you will 5 see that you have a relatively low broad building 6 with two, for lack of a better word, towers, that 7 grow out of them. What I think is interesting, 8 if you look both at the elevation which gives you 9 that flat view that sometimes is distorted, but 10 then if you look at the photo simulations that 11 were also supplied by the applicant, you will see 12 that they are visible from Central Avenue. They 13 are visible from some of the surrounding 14 properties. And they are incongruent with the 15 shape of the building. It's not the kind of 16 installations that we have been successfully able 17 to compromise with the industry on other 18 buildings where you don't see them. 19 THE CHAIRMAN: Did you want to 20 work with Commissioner Ellman on this? 21 MR. SNYDER: We have, 22 Mr. Chairman. We have met -- our engineers met 23 with Mr. Ellman, we have looked at alternative 24 sites and designs. On this particular site, the 25 design we have proposed completely hides the Page 39 1 Proceedings 2 antennas behind aa stealth wall which does add 3 approximately 15 feet to the height of the 4 building. I don't think it's unattractive. 5 However, if the city is unhappy with this 6 particular site we're perfectly willing to 7 consider the alternative that I mentioned. 8 THE CHAIRMAN: Before us tonight 9 we don't have the water tower. We have Remsen 10 Road. So right now the decision is going to be 11 on Remsen Road. If you want to pull this off the 12 agenda, or you want us to postpone it and put it 13 over and talk to the Mayor or Commissioner, Lou 14 Kirven, somebody like that, to see if you can get 15 it on to the water tower you have got my 16 blessing. 17 MR. SNYDER: Mr. Chairman, what 18 I'd like, with your permission tonight, would be 19 to close the hearing on the Remsen Road and it is 20 what it is. I would hope to come back to you and 21 say I don't need a decision because I'm going to 22 the water tower tank. But for now, the water 23 tank is only a hoped for option. I can't speak 24 for the city. I don't know that it is an option. 25 So I would ask that the Board, in its wisdom, Page 40 1 Proceedings 2 close this hearing, consider the application as 3 it is, and I pledge to the Board at the same 4 time, with Mr. Ellman's help, to see if I can 5 interest the city in the opportunities presented 6 by the water tank. 7 THE CHAIRMAN: All right. We're 8 going to close the hearing, that's no problem. 9 At least right now I think I'm going to close the 10 hearing. I'm going to listen to Commissioner 11 Ellman, believe me when I tell you. So it's my 12 advice to get close to him and see what you can 13 do to work this think out. 14 MR. SNYDER: Absolutely. 15 THE CHAIRMAN: Like I said, if you 16 want to go see the Commissioner of Planning and 17 Development, that's fine with me. You want to go 18 see the Mayor, that's fine with me too. You can 19 let us know. 20 MR. SNYDER: I will do that, 21 Mr. Chairman, thank you. 22 THE CHAIRMAN: Any questions of 23 the Board? Do you have anything else to say to 24 me, sir? 25 MR. SNYDER: No, Mr. Chairman. Page 41 1 Proceedings 2 THE CHAIRMAN: Anybody here on 3 this case, anybody in favor? Anybody in 4 opposition? Would you like to sum-up, sir? 5 MR. SNYDER: Mr. Chairman, 6 with your permission I will stand on my record. 7 THE CHAIRMAN: This case is hereby 8 closed. Reserve the right to reopen any reason 9 whatsoever, any time whatsoever. That includes 10 after decision is made. 11 MR. SNYDER: Thank you, Mr. 12 Chairman, Members of the Board. 13 THE CHAIRMAN: Next case is 5176, 14 area variance, Christopher Allocco, Esquire on 15 behalf of Stuart Kelso, owner, to permit the 16 redivision of lots 77 and 78 by moving the lot 17 line five feet to the north and the construction 18 of a two-family dwelling on the proposed lot 79. 19 Whereas, the proposed lot 77, improved one 20 family, insufficient lot width as per Section 21 43-27, Table 43-3, required 50 feet, proposed 30 22 feet. Insufficient lot area as per Section 23 43-27, Table 43-3, required 5,000 square feet, 24 proposed 3,000 square feet. Insufficient parking 25 as per Section 43-128, Table 43-4, required two Page 42 1 Proceedings 2 spaces, proposed zero spaces. Proposed lot 79, 3 vacant, proposed two-family, insufficient lot 4 width as per Section 43-27, Table 43-3, required 5 50 feet, proposed 45 feet. Insufficient lot area 6 lot area per family as per Section 43-27, Table 7 43-3, required 5,000 square feet and 2500 square 8 feet, proposed is 4500 square feet and 2,250 9 square feet. Exceeding the maximum height of 10 retaining wall in the minimum front yard per 11 Section 43-41D(3)(a), required four feet maximum, 12 proposed 9 plus or minus on premises known as 13 68-72 Hancock Avenue, Block 68, lots 77 78 and 14 79, in a T zone. 15 Would you identify yourself, 16 please? 17 0MR. ALLOCCO: Yes, Mr. Chairman, 18 my names is Chris Allocco, 771 Yonkers Avenue in 19 Yonkers. With me is Stuart Kelso the owner of 20 the property. 21 THE CHAIRMAN: Are you an 22 attorney, sir. 23 MR. ALLOCCO: Yes, I am. 24 THE CHAIRMAN: Admitted to the New 25 York State bar? Page 43 1 Proceedings 2 MR. ALLOCCO: Yes, Mr. Chairman. 3 THE CHAIRMAN: Everybody within a 4 200 foot radius been notified, sir? 5 MR. ALLOCCO: Yes, sir, 6 Mr. Chairman. 7 THE CHAIRMAN: Anything come back 8 undeliverable? 9 MR. ALLOCCO: One did. 10 THE CHAIRMAN: At the end of the 11 hearing give that one to the Commissioner. Is 12 there's anybody here tonight on this case? This 13 case is between Forest Avenue off McLean Avenue. 14 Anybody here tonight on this case raise your 15 hand. Would some of the people like to come up 16 front and sit in the jury box where you can hear 17 better. 18 Proceed, sir. 19 MR. ALLOCCO: Thank you, 20 Mr. Chairman. In the interest of brevity, I'm 21 not going to repeat what I wrote in my 22 memorandum, you have all read that, the public 23 has had a chance to look at it. I will not 24 restate that. I would like to touch upon the 25 high points. Page 44 1 Proceedings 2 If you have been to the site you 3 know it's a very steep drop from back to front, 4 20, 30 foot from the very back to the front. 5 What that means is that the proposed house, as 6 far as the folks on Sherman Avenue just the roof 7 would be visible and maybe five feet of the 8 second floor. Most of it would be visible on the 9 front -- excuse me, on Hancock Avenue. Also, by 10 way of disclosure, I was an owner over at the 11 co-op, No longer own a unit there. I wanted that 12 to be on the record. 13 Just to go back up a little bit 14 because in my memorandum I indicated there was no 15 way to put a conforming home on the proposed lot 16 and a half. Obviously, Mr. Kelso wanted to tear 17 his home down, he could do a two-family as of 18 right subject to the appropriate planning 19 approval. It would be a 75 foot square foot lot. 20 That would be a 75 square foot absolutely not 21 belong in that area that's why I didn't spend 22 time exploring that because it's not feasible. 23 To go back to what we're proposing, going to 24 Mr. Kelso's home first, he's living in the home, 25 the existing one family house, and that home Page 45 1 Proceedings 2 would be a 30 foot wide lot. If you look around 3 the area there are plenty of 25 foot lot homes, 4 so I'm not saying not complying with zoning but 5 not out of the character. The only distinction 6 in this application would be as you pointed 7 during the reading, we don't provide parking for 8 our existing home in this plan. Mr. Kelso enjoys 9 the permit, he's parking his vehicles on the 10 vacant area right now. So it is not as if curb 11 cuts are going away. Based upon the 12 foot wide 12 driveway parking spot, probably about break even 13 on the street parking. All the parking will be 14 self contained. So the parking, again, if we 15 were to provide where we were to park Mr. Kelso's 16 car in front of the house which the Yonkers code 17 does not allow, if you look at the picture is 18 commonly done in the neighborhood. Again, 19 with the zoning, it's to get some sense of 20 conforming. 21 As to the one family house, I 22 want to point out, as I was the defendant in this 23 case over in Eastchester when I was Chairman over 24 there there was a case, JR Building Corporation 25 versus the Town of Eastchester and Chris Allocco. Page 46 1 Proceedings 2 You have a lot house there, you guys build a 75 3 foot wide house, we turned down the application, 4 it did not comply with the County Court. We lost 5 in court. Doesn't matter, you still have a 50 6 foot lot. The reason I bring that up I don't 7 like quoting cases, is that you got a lot of 25 8 foot wide lots with single family homes and 9 that's why a 30 foot wide lot would be not be a 10 ridiculous stretch. One man's opinion, I'm 11 trying to paraphrase. 12 The only other thing I wanted to 13 say, again, I don't want to repeat everything on 14 the application, plus you know my plans are here, 15 I don't have an architect here, I'd rather not 16 speak to something not in my area. I don't know, 17 I don't have the hallways or, questions that may 18 come up, I would need to return if the situation 19 demanded that. The only other point, I do want 20 to apologize, there was a Mr. Connor's reached 21 out to me, I don't know if he lived in the 22 neighborhood or represented somebody, I found out 23 did he not work on the day I tried to call him 24 back and in case he's here I apologize for that 25 once again. Looking at the house that was Page 47 1 Proceedings 2 proposed, you're looking at basically a house 3 that's got two side by side 2200 square foot 4 apartments, smaller than the 35 maximum. There's 5 the additional benefit putting the land on the 6 tax roll, but put something on it not as vacant 7 land. I don't have a whole lot more in 8 materials. What I wanted to tell you, I put as 9 much as I could in my papers. If there are 10 questions, my limited exposure with the 11 architect, if there is something I can address 12 otherwise, I'd need to defer to Mr. Satterly 13 who is not here. 14 THE CHAIRMAN: The existing house, 15 how many families live there? 16 MR. ALLOCCO: I found out from my 17 client there is someone living in the basement, 18 they are attempting to evict that person. He is 19 not renting, but he'll be out by the end of the 20 month. 21 THE CHAIRMAN: Maybe I didn't make 22 myself clear, I will make it clear now. In the 23 existing house, how many families live in the 24 house? 25 MR. ALLOCCO: There would be two, Page 48 1 Proceedings 2 technically. 3 THE CHAIRMAN: Two, that's your 4 answer. How many kitchens are in the existing 5 house? 6 MR. ALLOCCO: There would be two. 7 THE CHAIRMAN: There will be or 8 there are? 9 MR. ALLOCCO: There are, I'm 10 sorry. 11 THE CHAIRMAN: How many electric 12 meters are there? 13 MR. ALLOCCO: One. 14 THE CHAIRMAN: When did your 15 client buy the property? 16 MR. ALLOCCO: He bought February 17 26, 2008 is the recording date of the deed. 18 THE CHAIRMAN: When was the 19 property stripped? If I'm looking at the house, 20 the property to the north when was stripped? 21 MR. ALLOCCO: Could Mr. Kelso 22 answer that? I don't know that answer, he would 23 if you want to ask him on the record. 24 THE CHAIRMAN: Do you want your 25 client to talk? Page 49 1 Proceedings 2 MR. ALLOCCO: Yes. 3 THE CHAIRMAN: Are you an 4 attorney, sir? 5 MR. KELSO: No. 6 (Speaker Sworn) 7 THE CHAIRMAN: State your name and 8 address. 9 MR. KELSO: Stuart Kelso, 68 10 Hancock Avenue. 11 THE CHAIRMAN: When you bought the 12 house, who stripped the property next door to the 13 north? 14 MR. KELSO: I did. 15 THE CHAIRMAN: Did you get a 16 permit for it? 17 MR. KELSO: Yes. 18 THE CHAIRMAN: Do you have a copy 19 of that permit? 20 MR. ALLOCCO: I don't, Mr. 21 Chairman. I know it was just renewed that in 22 July or June. He had the permit with the 23 Building Department, I'm fairly certain he was 24 talking about getting it done. So we can verify 25 that for you. Page 50 1 Proceedings 2 THE CHAIRMAN: So in other words, 3 you came in and stripped the lot almost 4 immediately, am I correct on that? 5 MR. KELSO: Yes. 6 THE CHAIRMAN: You have a for sale 7 sign up, are you trying to sell the place? I 8 thought I saw for sale sign? 9 MR. KELSO: Sorry, that's I had a 10 roof put on, that's the business putting the roof 11 on. 12 THE CHAIRMAN: I can't hear you, 13 sir? 14 MR. KELSO: The person who did the 15 roof, all new shingles and that's the same 16 business, he put it up. 17 THE CHAIRMAN: It's a for sale 18 sign, that's what it says to me. 19 MR. KELSO: No, it's a roofing 20 company sign. 21 THE CHAIRMAN: I stand to be 22 corrected. I better get a new pair of glasses. 23 All the taxes paid to you date on this property? 24 MR. KELSO: Yes. 25 MR. ALLOCCO: Mr. Kelso paid them Page 51 1 Proceedings 2 himself. 3 THE CHAIRMAN: Any certiorari 4 procedures going on? 5 MR. ALLOCCO: No. 6 THE CHAIRMAN: I'm going to need 7 an affidavit from him signed that all the taxes 8 are paid in full as of today's late, or as of the 9 last tax payment. And there is no certiorari 10 proceedings going on. Also, in that affidavit I 11 want the name of the second family. I want the 12 second family to sign that affidavit also. 13 MR. ALLOCCO: He hasn't been very 14 cooperative since we started evicting him. We 15 told him he had to leave. 16 THE CHAIRMAN: What? 17 MR. ALLOCCO: The gentleman living 18 in the second family has not been very 19 cooperative since we told him he could not be 20 there and to leave. He may not be willing to 21 sign anything for us but we can approach him. 22 THE CHAIRMAN: If he's living 23 there and he's the landlord he should have the 24 authority to get him to sign it. 25 Now, the existing house you want Page 52 1 Proceedings 2 to leave that on a 45 foot lot? 3 MR. ALLOCCO: Yes, Mr. Chairman. 4 THE CHAIRMAN: The new house is 5 going to be a one family or two family? The old 6 house -- 7 MR. ALLOCCO: One family. That's 8 what it is going to be. We have to apply for A C 9 of O for that house. 10 THE CHAIRMAN: There is no CO for 11 that house. 12 MR. ALLOCCO: I believe it 13 predated, so we need to get one. 14 THE CHAIRMAN: The new house at 15 this point is going to be a two-family. What's 16 the size of that lot? What's the width of that 17 lot? 18 MR. ALLOCCO: The width. 19 THE CHAIRMAN: Is that 45 foot? 20 MR. ALLOCCO: The width of the 21 second house is 21 feet wide. 22 THE CHAIRMAN: You want to split 23 up the two lots making one lot 45 feet and the 24 other lot how big? 25 MR. ALLOCCO: Thirty feet. Page 53 1 Proceedings 2 THE CHAIRMAN: So you're going to 3 have a 30 foot by 100, another house 45 by 100? 4 MR. ALLOCCO: Yes, Mr. Chairman. 5 THE CHAIRMAN: You're suppose to 6 have 50 by 100. 7 MR. ALLOCCO: Yes. 8 THE CHAIRMAN: One house is 35 by 9 100, so that's almost 50 percent reduction. 10 MR. ALLOCCO: Yes, Mr. Chairman, 11 but -- 12 THE CHAIRMAN: You're missing 20 13 feet, you're suppose to have 50 feet. 25 would 14 be a 50 percent reduction. 15 MR. ALLOCCO: I agree with your 16 statement, Mr. Chairman. 17 THE CHAIRMAN: Any questions of 18 the Board? 19 MR. LANDI: I'd like to hear from 20 the people before I ask questions. 21 THE CHAIRMAN: Would you like to 22 say anything else to me, sir? 23 MR. ALLOCCO: No, Mr. Chairman, 24 the only point I wanted to make, we acknowledge 25 we're way short on the existing house and on the Page 54 1 Proceedings 2 new house too. We went to the character of the 3 neighborhood that are on 25. We agree with you, 4 that's why we're before you. 5 THE CHAIRMAN: Anybody here 6 tonight to speak in favor this application? 7 Anybody here tonight to speak in opposition? 8 This lady right here. 9 Are you an attorney, Madam? 10 MS. McCARTHY: No, I'm not. 11 (Speaker Sworn) 12 THE CHAIRMAN: State your name and 13 address. 14 MS. McCARTHY: Kathleen McCarthy, 15 128 Northern Street, Yonkers, New York. 16 THE CHAIRMAN: Proceed. 17 MS. McCARTHY: I'd like to thank 18 the Building Department for pointing out all the 19 building codes Mr. Kelso would be in violation 20 of. First of all, I was notified about this 21 variance and my land abuts, my back yard abuts 22 his side yard, basically, so we didn't know about 23 this. My family was not aware. It was only when 24 we were driving and saw a sign behind some sort 25 of machinery and I had to get out and look at it. Page 55 1 Proceedings 2 I thought it was for a garage, tell you the 3 truth, because the word in the neighborhood was 4 that he was going to build a garage. I have to 5 say the character of our neighborhood is 6 something that we value and everyone is talking 7 about going green, staying green. Mr. Kelso is 8 making green. We feel at this point there is not 9 enough parking. I drive around 10, 20 minutes 10 looking for a parking place. We don't have -- 11 there is more renters moving in and more cars. 12 Basically, our quality of life has been affected. 13 Mr. Kelso moved in the previous owner had come 14 and told me she was moving. She said, I think 15 you will really like him, he plans on staying in 16 the community, getting married, raising children. 17 Not touching anything. So first thing he did was 18 tear down 100 year old pine trees and he started 19 last year just excavating. All this dust would 20 come in the yard and basically it was like 21 scarring the landscape that we have had to look 22 at for the whole year. He has two dogs that the 23 police were called on to mine knowledge, five 24 times. They come out, my grandchildren will be 25 in my yard. One is very dangerous and we had to Page 56 1 Proceedings 2 call the police. Other neighbors, their 3 children, one was bitten. Basically, no one can 4 reach him. We had gone to him to tell him about 5 the dogs. Basically our community is friendly 6 we're trying to keep it that way. We welcomed 7 Mr. Kelso when he moved in. We were happy to 8 have a neighbor. Unfortunately, this has worked 9 out where we're trying to preserve what we have 10 with quality of life issues, the noise and 11 parking and everything else. This would really 12 make our neighborhood a lot worse than it is. 13 We're trying to keep our children, grandchildren 14 in the community. I have lived there nearly 35 15 years my children and grandchildren are here, 16 they live there. I hope to say this variance is 17 not granted because it is against all these 18 codes. There's so many of them that it's 19 incredible that we're even here tonight. Cannot 20 believe that you talk about a building that's 21 going to go up two, probably, three family, 22 basement because as you know he has a one family 23 house that has a tenant in the basement. You 24 talk about not just that, the one new house that 25 might go on too small a lot, but you talk about Page 57 1 Proceedings 2 the house that's left and that won't be on a 3 normal sized lot. There is lots in the 4 neighborhood, most of the lots are 50 by 100. 5 That's little enough, believe me. I'm on one of 6 those. I thank the Building Department for 7 pointing out all these different codes he'd be in 8 violation in if this goes through and thank the 9 Board for listening. 10 THE CHAIRMAN: Any questions of 11 this lady? Thank you, ma'am. Anybody else to 12 speak in opposition? This gentleman here. Are 13 you an attorney, sir? 14 MR. SHANBORN: No. 15 (Speaker Sworn) 16 THE CHAIRMAN: State your name and 17 address. 18 MR. SHANBORN: I'm Bruce Shanborn, 19 Treasurer for Chour Thai Reform Church. You want 20 my home address? 21 THE CHAIRMAN: Yes. 22 MR. SHANBORN: 12 Debbs Place, 23 Bronx, New York. 24 THE CHAIRMAN: Proceed. 25 MR. SHANBORN: I represent the Page 58 1 Proceedings 2 church as treasurer, and I say that we're opposed 3 to this variance on several grounds. First, 4 there's been a two family house that was built 5 next to the parsonage, we had nothing but 6 problems since this was built. The neighbors are 7 noisy, parties to 1:00 o'clock in the morning and 8 it's not just even though it's a two-family 9 house, it's not just two cars, there are six 10 cars. I understand from what the attorney said 11 he would make two parking spaces with this house. 12 Now this property is in back of our church. 13 Building a two-family house could interfere with 14 our services, considering the noise, it would be 15 tall enough to go above the retaining wall that 16 we have in the back there, and would totally 17 change things. Our church has been there, if I'm 18 not mistaken, the church building for centuries 19 I'm not mistaken. I feel that this variance 20 would greatly interfere with our church services 21 and the character of the neighborhood. So we're 22 asking the Board to not grant this variance. 23 Also another think I'd like to 24 point out, I understand if I'm not mistaken 25 Mr. Chairman, the attorney said he doesn't have Page 59 1 Proceedings 2 the architectural plans at this time. So how 3 does he know really how tall the building is 4 going to be? Or how far back into what is now 5 the back yard is it going to go into? There are 6 trees there in the background. These trees may 7 have to be removed. They provide shade in the 8 back. It would greatly affect our church. This 9 is what I have to say. 10 THE CHAIRMAN: Thank you. Are 11 there any questions of this gentleman? 12 Thank you, sir. Anybody else to speak in 13 opposition? This lady here, please. Are you an 14 attorney, Madam? 15 MS. CARNEY: No. 16 (Speaker Sworn) 17 THE CHAIRMAN: State your name and 18 address. 19 MS. CARNEY: My name is Christine 20 Carney, I have live 58 Hancock Avenue. I have 21 lived there about 20 years. First, I want to 22 thank you for hearing us speak. I just want to 23 say a few things about Mr. Kelso's property. 24 Aesthetically what he's proposing is completely 25 not in character were our existing homes. A Page 60 1 Proceedings 2 house with a 30, or 35 foot front yard, 35 foot, 3 75 years ago when the zoning was created those 4 were considered lots, but really they are weren't 5 considered full buildable lots because they 6 served as bumpers between our property. Those 7 are our side yards. Everybody on the west side 8 of Hancock Avenue has the same bumper. If we all 9 tried to squeeze in two-family houses on to that 10 25 foot buffer it would be completely unfeasible. 11 Applying current assessment terms to lots over 75 12 years old is completely inaccurate. Hancock is 13 an abutted enclave in Yonkers on McLean Avenue 14 and bordered to the north, on the west and Van 15 Courtlandt park on the south. This would be 16 completely inappropriate. Existing conditions on 17 the site are deplorable, two car driveway cut 18 into the property initially without a permit. 19 Mr. Kelso received the permit in July. He began 20 construction and stripping the property the 21 minute he got there. There is no retaining wall 22 in place so essentially it's a 35 green slope of 23 mud and stone. The driveway existing is gravel 24 and when it rains all of his washes right into 25 Hancock Avenue. The site is full already of Page 61 1 Proceedings 2 garage, construction debris, and there is a 3 stockade fence, one of those six foot Home Depot 4 stockade fences carelessly perched on the top of 5 the mud slope held in place by some kind of small 6 items so that can fall at any point in time. 7 Parking in our neighborhood is completely 8 inadequate already. I, like you, have late night 9 meetings, sometimes twice a month, three times a 10 month and I walk past, we have to drive around 11 for sometimes an hour looking for a parking spot 12 to the point where I have to park down by the 13 Croton Aqueduct at eleven o'clock at night, walk 14 past the dimly lit Aqueduct to get to my house. 15 It's incredibly dangerous. So that being said, I 16 respectfully ask the Board to deny this 17 application as it would be a detriment to our 18 communities and homes and create a greatly 19 undesirable character. 20 THE CHAIRMAN: Any questions this 21 lady? Anybody here tonight in opposition, this 22 gentleman, please? 23 Are an attorney, sir? 24 MR. SANTINI: No. 25 (Speaker Sworn) Page 62 1 Proceedings 2 THE CHAIRMAN: State your name and 3 address. 4 MR. SANTINI: Vincent Santini, 5 250 Lee Avenue, Yonkers, New York. 6 THE CHAIRMAN: Proceed, sir. 7 MR. SANTINI: I'm here tonight to 8 represent the property on 124 Lawton Street 9 corner of 124 Lawton Street and Hancock which is 10 my mother's house which we have grown up there 11 for 44 years. This gentleman bought the property 12 right next door to my mother's house. Ever since 13 he bought the property he has turned it into a 14 complete construction site. There is machines, 15 garbage, knocked my mother's fence down. He's 16 done everything without permits, then he got 17 permits. The people who live downstairs from him 18 were not legal tenants. The reason they are 19 leaving is not because he didn't get along with 20 them was because he didn't take care of the 21 property, they couldn't take it anymore and have 22 to leave. All this is going on, his dogs were 23 running, his dogs had my sister and mother 24 trapped in the car. I had to leave my house 250 25 Lee Avenue to go there. My mother's 82 years Page 63 1 Proceedings 2 old, now brain surgery because they were scared 3 to get out of the car. All mud sliding down 4 Hancock Avenue, a disaster. Everything on this 5 page shows that he doesn't even have the right to 6 build this house. So why we're here, like Miss 7 McCarthy said, I have no clue why we're here 8 addressing this issue. But I'd like to thank you 9 guys for letting us come here. 10 THE CHAIRMAN: Let me say 11 something, first of all, we're not Gods, ladies 12 and gentlemen, we don't use first names in this 13 room. When you come back here again don't ever 14 call somebody by their first name. 15 MR. SANTINI: Miss McCarthy, 16 that's what I said. 17 THE CHAIRMAN: I misinterpreted 18 you. I thought you called her by her first name. 19 MR. SANTINI: I have been calling 20 her that for 35 years. 21 THE CHAIRMAN: Any questions of 22 the Board? Thank you, sir. Anybody else to 23 speak in opposition? This lady here, pleased. 24 Are you an attorney, ma'am? 25 MS. DONNALLY: No, sir. Page 64 1 Proceedings 2 (Speaker Sworn) 3 THE CHAIRMAN: State your name and 4 address. 5 MS. DONNALLY: Deirdra Donnally, 6 128 Lawton Street, Yonkers, New York. 7 THE CHAIRMAN: Proceed, please. 8 MS. DONNALLY: I would reiterate 9 whatever was already said and first of all thank 10 you very much for pointing out how illegal that 11 all of these violations, I'm just upset so you 12 have to excuse me. I'm a product of this 13 community and I have not only grown up there I 14 have had the fortunate experience of being raised 15 there and growing up with many people we see in 16 the juror's box. So when I hear all of us here 17 today it's upsetting because my husband and I 18 chose when we decided to start a family of our 19 own, we had an opportunity to go anywhere we 20 wanted, whether it was Westchester or 21 Connecticut. We sat down and chose to move back 22 to my childhood home because I had such a 23 wonderful life experience growing up in this 24 community. It's not only the best representation 25 of Yonkers, it's got the most fantastic vibe Page 65 1 Proceedings 2 anybody would want for themselves, as well as for 3 their little children. From the minute I moved 4 back and my neighbors welcomed us back and to 5 have them part of my adult life, and my husband's 6 adult life for our children was such a wonderful 7 experience. Then we had Stuart move into the 8 neighborhood. The individuals that moved out of 9 Stuart's property were fantastic people. So we 10 felt sad to see them go but more than willing to 11 embrace the newness of our new neighbor. 12 Unfortunately, no sooner did we see all of the 13 destruction take place. And we were devastated 14 but still optimistic that we would be able to 15 Embrace change because we recognize it's a 16 community, sometimes it's difficult to embrace 17 change and we were more than open. More than 18 willing, more than helpful, offering him what can 19 we do? We got nothing but lies and a cold 20 shoulder. For them, my children are no longer 21 able to meet in the yard with our neighbors 22 anymore because we're scared to go in our own 23 backyards. Several times the dogs would be in my 24 yard. Police would be in my yard scouring the 25 yards in the existing areas pursuing the dogs, Page 66 1 Proceedings 2 the parties, dirt, debris. Do drive Hancock as 3 you're on your way home to see this. I thought 4 the woman that spoke earlier did a wonderful job 5 describing this ditch on a teetering fence 6 wrapped with chicken co-op in attempt to keep 7 these vicious dogs at bay from the rest of us is 8 a fantastic description of what we are living 9 with for a year. Patiently living with for a 10 year. So for us to have to join here tonight 11 we're so grateful we're able to speak out. But 12 to come here tonight and have the possibility 13 that this individual would actually be able to 14 create more damage and destroy such a wonderful 15 community is heartbreaking. I apologize if I 16 seem upset or passionate, it's because I'm both. 17 I Implore, beg each and everyone of you here to 18 vote against this because it's not just giving 19 something that's illegal, it's destroying the 20 neighborhood and taking from my children the 21 chance and the opportunity to have the childhood 22 that we all did. So please consider. Thank you. 23 THE CHAIRMAN: Any questions of 24 this lady? Thank you, Madam. We will take one 25 last person. Anybody else want to his speak in Page 67 1 Proceedings 2 opposition? This gentleman, re you an attorney, 3 sir? 4 MR. VICHKULWRAPAN: No. 5 (Speaker Sworn) 6 THE CHAIRMAN: State your name and 7 address. 8 MR. VICHKULWRAPAN: My name is 9 Vuthisai Vichkulwrapan, 70 Sherman Avenue, I live 10 in apartment. 11 THE CHAIRMAN: Go ahead. 12 MR. VICHKULWRAPAN: I'm part of 13 the church on 69 Sherman Avenue which back yard 14 of the church is the back yard of this person 15 here. I have been observing, I go in the church, 16 I have been observing in the back the dogs, I'm 17 okay with the dogs, no problem. But the dog 18 barks a lot, that's for sure. For the children 19 it might not be, but for me it's okay. One other 20 thing I observed that in the back yard I saw them 21 move in, I love the neighborhood. I love people 22 who move in. I love people, I go to church and 23 love them all but then I kind of observed in the 24 back yard they start to dig out a hole and kind 25 of observed they put the garbage in the hole and Page 68 1 Proceedings 2 I don't know, they didn't each close it yet. If 3 you go there you probably will see it in the back 4 yard which is in our back yard, we see it. And 5 that type of construction I don't think that 6 should be allowed. And construction wise, if 7 you're a person who do construction for a living 8 you shouldn't do it this way. This is not the 9 way to construct. Most likely you might spoil 10 the dirt with the garbage there. Might not be 11 disposable garbage. I don't know what's under. 12 That's part of the construction. I don't know 13 what other thing because I didn't hear the 14 whole -- they put the apartment there, a 15 two-family, and the existing house going to be 16 there and now two-family going to be there. I 17 think renting is going to be a problem in the 18 neighborhood. I live there, my grandmother lives 19 there. I experience when new renters come in they 20 don't respect the neighborhood. They drive the 21 way they drive wherever they came from. 22 Sometimes they come one way up. The church is on 23 Sherman, one way out to McLean Avenue. Sometimes 24 they come one way up. So there might be the same 25 thing on Hancock, I don't know you guys probably Page 69 1 Proceedings 2 experience more on Hancock. I'm on Sherman 3 Avenue. But parking, I see good neighbors from 4 Hancock park on Sherman. I talked to them they 5 have to park on Sherman now. So I guess parking 6 will be a problem, that's for sure. And for 7 noise, my pastor live on 63 Sherman Avenue, their 8 apartment which Mr. Shanborn already said, the 9 house next door build very close to the property 10 line, about I would like say less than five feet 11 and it's right there. When it's a renter, 12 two-family, people are there people renting and 13 new people coming in and exchange faces all the 14 time and it's very noisy. That's it. I don't 15 know whether we should approve the plan for 16 two-family there. Forget about variance, just 17 the plan itself, it shouldn't be there. Thank 18 you very much. 19 THE CHAIRMAN: Any questions this 20 gentleman? Thank you, sir. Mr. Allocco, let me 21 ask you a question. Did you say that your client 22 got permission to start construction on that lot? 23 MR. ALLOCCO: Yes, he had a permit 24 from the city. 25 THE CHAIRMAN: He had a permit Page 70 1 Proceedings 2 from the city? Let me ask you a question, the 3 curb cut you got there, how wide is that curb 4 cut? 5 MR. ALLOCCO: The curb cut 6 proposed, or the one there now? 7 THE CHAIRMAN: The one on the 8 empty lot, the other lot next door? 9 MR. ALLOCCO: Eighteen feet, Mr. 10 Chairman. 11 THE CHAIRMAN: Any other questions 12 of this gentleman? Would you like to sum-up, 13 sir? 14 MR. ALLOCCO: Mr. Chairman, I 15 appreciate coming out, and I heard a lot of 16 comments that were clearly very important. I 17 remind the Board, of course, Mr. Kelso's 18 character, and you know this is not part of the 19 application, I'm not going to have him come up 20 and defend himself. I understand the issue with 21 not wanting to change the neighborhood and 22 perhaps liking to have everything. Truth is the 23 neighborhood, we're just trying to fit something 24 in there rather than have the property go to 25 waste. Page 71 1 Proceedings 2 Very briefly, number one, there 3 are eight homes on Hancock now that are 25 by 100 4 lots, not a rare thing. 5 THE CHAIRMAN: When were they 6 built? 7 MR. ALLOCCO: Long before now. 8 Long before you had a zoning code. 9 THE CHAIRMAN: Was there anything 10 built in the last 10 years? 11 MR. ALLOCCO: Of course not, 12 that's why we're before you. 13 THE CHAIRMAN: The answer is no, 14 correct? 15 MR. ALLOCCO: Yes, Mr. Chairman. 16 MR. ALLOCCO: Again, the 17 two-family zoning requirement is 2500 square feet 18 per dwelling unit. Although we're not 19 complaining with it on A per unit basis but lot. 20 THE CHAIRMAN: Lot area per 21 family. 22 MR. ALLOCCO: There are 75 square 23 feet on combined lots. So again, it's just an 24 interpretation, my interpretation, obviously. 25 Finally, the maintenance of the property, last Page 72 1 Proceedings 2 time I checked the city law is not relevant, the 3 maintenance of the property, Mr. Kelso is a 4 single guy, works around the clock. He's not 5 necessarily going to be living in this house. I 6 heard a lot of how he maintains the property. 7 Vacant lots have a habit getting that way, that's 8 why we're trying to make it not vacant. 9 THE CHAIRMAN: Vacant lots what? 10 MR. ALLOCCO: I haven't been to 11 the lot to take pictures. 12 THE CHAIRMAN: Have you seen the 13 lot? 14 MR. ALLOCCO: Back in May. 15 THE CHAIRMAN: I think it was the 16 same in May as it is today. By the way, when did 17 he start that work there? 18 MR. ALLOCCO: What work is that? 19 THE CHAIRMAN: The lot next door 20 that he took the trees down? When did he take 21 those trees down? 22 MR. ALLOCCO: I'd have to bring 23 him up and ask him. 24 THE CHAIRMAN: Mr. Kelso, when did 25 you start construction on that lot? Page 73 1 Proceedings 2 MR. KELSO: It was around July. 3 MR. ALLOCCO: July, 4 Mr. Chairman. 5 THE CHAIRMAN: July this year? 6 MR. ALLOCCO: 2008. 7 THE CHAIRMAN: It says you got a 8 permit July 14. So you started that lot 2008, 9 okay. That's when you started after you got the 10 permit? 11 MR. KELSO: Yes. 12 THE CHAIRMAN: Proceed, 13 Mr. Allocco? 14 MR. ALLOCCO: I don't have 15 anything else to add, Mr. Chairman. 16 THE CHAIRMAN: Thank you very 17 much. This case is hereby closed. Reserve the 18 right to reopen any reason whatsoever, any time 19 whatsoever. That includes after decision is made. 20 Thank you. 21 Speaking to Mr. Romano, I gave 22 him his choice which case he wants to pick. He's 23 got three left. He wants to take 5178. So, as 24 Chairman, we're going to take 5178, area 25 variance, Andrew Romano, Esquire on behalf of Page 74 1 Proceedings 2 Midchester Jewish Center, owner, and Father 3 Dimitri Darwish, contract vendee, to construct a 4 new roof and make interior alterations to the 5 existing vacant building for a place of worship 6 and school. Having insufficient side yard as per 7 Section 43-27, Table 43-3 and Section 43-35C(2) 8 requires 24 feet, proposed 11 foot two inches, 9 plus or minus. Insufficient front yard as per 10 Section 43-27, Table 43-3, Section 43-35(C)(2), 11 required 50 foot, proposed 33 feet, six inches 12 plus or minus on premises known as 222 a/k/a 236 13 Grandview Boulevard. 14 Mr. Romano, everybody within a 15 200 foot radius been note notified, sir? 16 MR. ROMANO: They have. Four 17 returns came back out of 55. 18 THE CHAIRMAN: Those returns you 19 will give them to the Commissioner at end of the 20 hearing, please. 21 MR. ROMANO: Yes. 22 THE CHAIRMAN: Is there anybody 23 here tonight on this case? This case is on 24 Grandview Boulevard across from Verona Avenue 25 between Arcadia Place and Alta Vista Drive, backs Page 75 1 Proceedings 2 up to Cresthill Road and Colonial Parkway North. 3 Anybody here tonight on this case? Raise your 4 hands, please. We can take some people in the 5 jury box if you'd like to come up. 6 Proceed, Mr. Romano. 7 MR. ROMANO: Mr. Chairman, I'm 8 here on behalf of Father Dimitri Darwish who is 9 the contract vendee for the proposed purchaser of 10 a premises known as Midchester Jewish Center 11 which is currently owned by the former owner in 12 this proceeding we had before the Board, the 13 Yeshiva school. What my client is doing with 14 this variance, we submitted plans for the former 15 synagogue to convert it to a church. The 16 premises are 300 feet by 145 feet in a synagogue 17 with a parking lot that existed for over 40 18 years. Attempted to purchase the premises, use 19 it as a church, similar use to what is there now. 20 The sole purpose of the variance tonight is for 21 the roof line to be switched around. Currently, 22 the synagogue has the roof line one way and what 23 we're proposing to do is switch it around and 24 make it more amenable for a church. The height 25 of the roof currently is approximately 36 feet. Page 76 1 Proceedings 2 The roof that is proposed with the dome, which is 3 on the plans as the Board has, would be 46 feet 4 and will be across approximately three, four, 5 five feet depending how it comes back. The roof 6 line will remain the same. It will be on the 7 same footprint as existed before. The church 8 itself will have basically one Sunday service, a 9 school, Sunday school for the children of 10 approximately 30 to 40 children. It has 11 approximately 60 families that are actively 12 involved in this church. The church at this 13 point has always been on High Street in Yonkers 14 and they are just looking to expand and upgrade 15 the premises. 16 This church by lining this 17 variance would achieve, the only variances before 18 the Board is a section for side and front yard 19 over 33 feet and 12 feet which exists and will 20 remain the same as it is now. It will not change 21 at all. The premises will remain in character of 22 the surrounding area, the same as it has been for 23 over 40 years without complaint. It's a 24 religious institution which does provide a 25 beneficial and necessary service to the area. Page 77 1 Proceedings 2 Located nearby where other churches, seminaries, 3 several schools, reflecting common 4 characteristics in the area as shown in the area 5 maps site, visits and photographs. Variances 6 cannot be obviated Except by removing part of the 7 existing structure which would be expensive, 8 reducing the viability of the applicant to remove 9 the current structure as currently exists, we 10 believe is unnecessary in light of the minor 11 nature and will provide for the church. Clearly 12 no adverse physical, environmental impact to the 13 area. The exterior of the building will not 14 change at all, have the same air, light, greenery 15 as before. Meet all building, parking, housing 16 environmental codes as reflected in the plans. 17 Reduce any health and safety Concerns in the 18 area, especially, the building will be brought up 19 to code, as well. Hardship may be self-created. 20 No impact on the area because the existing 21 structure will remain the same. 22 We think in balancing the five 23 points of law, it is clear that the interest of 24 the neighborhood would be preserved and increased 25 by the presence of a church on a space that Page 78 1 Proceedings 2 clearly has not been up to parr in this 3 neighborhood as it has been when the synagogue 4 originally moved out. On the premises will be 5 the priest, pastor/priest, with his family which 6 was a concern of the neighbors because of the 7 security concerns. People go on to the parking 8 lots and on to the site. In discussing with the 9 neighbors at a meeting we had with the community 10 last Thursday evening, they thought it would be a 11 good idea with the presence of the priest and his 12 family to remain on it for security reasons and 13 also for safety which is agreed upon in the 14 discussion. 15 What I would like to do, Mr. 16 Chairman, with your permission, is introduce Amir 17 Sayegh to explain a little of the activities so 18 try to help understand what they do on the site, 19 if that's all right, Mr. Chairman? 20 THE CHAIRMAN: Who owns the 21 property? 22 MR. ROMANO: The Yeshiva school, I 23 can't pronounce the name. 24 THE CHAIRMAN: Those were the last 25 people here for a variance? Page 79 1 Proceedings 2 MR. ROMANO: Yes, right. 3 THE CHAIRMAN: You can bring up 4 whoever you want. 5 Are you an attorney, sir? 6 MR. SAYEGH: No, sir, I'm not. 7 I'm a physician. 8 (Speaker Sworn) 9 THE CHAIRMAN: State your name and 10 address. 11 MR. SAYEGH: Amir Sayegh, 4 12 Becksom Green, Upper Nyack, New York. 13 THE CHAIRMAN: Proceed. 14 MR. SAYEGH: I'm a parishioner of 15 the Virgin Mary Church all of my life. Our 16 church has been at 77 High Street since 1966. We 17 purchased that property from St. Mary's Arpatho 18 Russian Orthodox Church in 1967 when they built a 19 new church on North Broadway near Shonnard Place. 20 We have been there every since. Our parish has 21 expanded. We have, like he said, 60 to 70 22 regular families and on Palm Sunday and Easter 23 Sunday we have 200 families that come around, 24 like every other church. We have a fairly active 25 parish with young families and active Sunday Page 80 1 Proceedings 2 school, Sunday school runs about 45 minutes 3 before liturgy on Sunday. Kids come in about 45 4 minutes earlier, attend Sunday school and then 5 come to attend mass. As you know, this is an 6 Orthodox church. Orthodox churches, there's only 7 one mass on Sunday. One liturgy is celebrated on 8 Sunday, unlike in Roman Catholicism, there are 9 several masses on Sunday. In Orthodox church 10 there's one mass on Sunday. One mass every 11 Sunday. During the Easter season, during Lent, 12 whole week we have services in the evening for 13 the entire 40 days of Lent, we have Monday, 14 Wednesday and Friday evening services and whole 15 week we have Monday through Friday services each 16 evening with Good Friday and the Easter Services 17 on Saturday evening. It's midnight mass and 18 Sunday afternoon is another Easter mass. These 19 are the extent of the religious services that 20 occur during the year. Unless, of course, 21 there is a funeral or wedding or something like. 22 That our youth group, we have a youth group 23 called the Society of Orthodox Youth 24 Organization, like other churches, the Greeks has 25 it called GOYA, Greek Orthodox Organization, the Page 81 1 Proceedings 2 Russian churches have that. They participate and 3 plan various activities throughout the year in 4 the community. Collect food for the hungry 5 around Thanksgiving time and distribute that to 6 the soup kitchens in the area. Serve and help 7 with St. John's Food Program around Thanksgiving 8 time. They do fundraisers and collect to buy 9 gifts for Christmas and Christmas parties that 10 they hold for the orphanage St. Andres Home on 11 North Broadway at the Orphanage, not at the 12 church itself. Other similar activities. We 13 have a Christmas party every year for the Sunday 14 school kids and the youth of the church. We 15 usually have it every year at the Polish Center, 16 but since this building has facilities that can 17 accommodate that we will probably have it there. 18 That's basically it. As you know, the Orthodox 19 priests Marry, our priest is married, three young 20 children living on the premises. 21 MR. ROMANO: There is no intent to 22 do any on site catering, strictly limited to 23 church activities. 24 MR. SAYEGH: May I add, usually 25 every Sunday we have coffee hour after church. Page 82 1 Proceedings 2 Usually sponsored by a family after church for 3 maybe half hour, 45 minutes, the parishioners 4 gather and very coffee together and it's an hour 5 of socializing and meeting our friends and fellow 6 parishioners. Usually, that's about it. 7 THE CHAIRMAN: Are you going to 8 have a day school there? 9 MR. SAYEGH: No, sir. 10 THE CHAIRMAN: Just Sunday school. 11 MR. SAYEGH: The only school is 12 Sunday school, half hour, 45 minutes. Our 13 services, the mattens start from 10:00 to 11:00. 14 This is pre liturgy and divine liturgy starts 15 from 11:00 to 12:00, 12:15. Sunday school starts 16 usually quarter after 10:00 and eleven o'clock 17 it's over and the children come into the church 18 for liturgy. 19 THE CHAIRMAN: Any questions of 20 the Board? Mr. Landi? 21 MR. LANDI: Mr. Chairman, just to 22 clarify, you're not talking any dormitories other 23 than the priest and his family living on the 24 premises? 25 MR. SAYEGH: Nobody whatsoever. Page 83 1 Proceedings 2 THE CHAIRMAN: Anything else to 3 say, Mr. Romano? 4 MR. ROMANO: Not at this time. 5 THE CHAIRMAN: Anybody else 6 tonight that wants to speak in favor of this 7 application? 8 Are you an attorney, sir? 9 MR. CASTINASTI: No, I'm not. 10 (Speaker Sworn) 11 THE CHAIRMAN: State your name and 12 address. 13 MR. CASTINASTI: Peter Castinasi, 14 27 Cresthill Road, Yonkers, New York. 15 THE CHAIRMAN: Proceed, sir. 16 MR. CASTINASI: I live directly 17 behind the synagogue and I have lived there for 18 40 years. We have had our ups and downs with the 19 synagogue itself. But in the past few years it's 20 become really falling apart. They used to have 21 lights on in the back, they shut them off. Now 22 the kids go back and they drink. If you go there 23 in the morning there is beer bottles all over the 24 place. I went to the meeting last week and I was 25 very receptive to what they were saying and I Page 84 1 Proceedings 2 think they would really be and asset to the area 3 and to the community. 4 THE CHAIRMAN: Any questions this 5 gentleman? Thank you. 6 Anybody else wishes to speak in 7 favor? Madam, are you an attorney, Madam? 8 MS. CUROPATSKI: No, I'm not. 9 (Speaker Sworn) 10 THE CHAIRMAN: State your name and 11 address. 12 MS. CUROPATSKI: Annmarie 13 Curopatski, 250 Grandview Boulevard. I live 14 right next door to Midchester. You're facing it 15 I'm to the left. I have lived there for 35 16 years. When it was Midchester we had no problem 17 even though you know they had a lot of parties, 18 whatever. It was okay. But I welcome the new 19 people they want to have a good church next door. 20 I think it would be an asset to our neighborhood. 21 Now, I see people there, I chase them away at 22 night. Sometimes they call me names. I told 23 them there are cameras taking their pictures and 24 they run off like crazy. So it does get to be an 25 obstacle. Branches and tree things all over the Page 85 1 Proceedings 2 place. Letting from the people that have it now 3 they haven't been doing anything there. So it 4 will be great that we have our new neighbors next 5 door. 6 THE CHAIRMAN: Any questions of 7 this lady? Thank you, Madam. Anybody want to 8 speak in favor? Mr. Sayegh, are you an attorney, 9 sir? 10 MR. SAYEGH: Yes, sir. 11 THE CHAIRMAN: State your name AND 12 address. 13 MR. SAYEGH: Nathan Sayegh, 190 14 Falmouth Road, Yonkers, New York. 15 THE CHAIRMAN: Proceed, please. 16 MR. SAYEGH: Mr. Chairman, Members 17 of the Board, I speak in support of the proposal 18 to relocate the Virgin Mary Church and accept the 19 variance. As a member and past chairman of the 20 Virgin Mary Church parish, I wanted to attest 21 this evening that this is not an outside group. 22 This is a Yonkers group, first second and third 23 generation families that are very involved in 24 Yonkers public schools, very involved in their 25 respective communities across the city. And as Page 86 1 Proceedings 2 active members, the parishioners in all forms of 3 field, medicine, education, law and other areas 4 are extremely involved in the community. And our 5 parish priest is at a national convention, Father 6 Dimitri. Mr. Romano and our architect and 7 members of our parish counsel, about a week ago, 8 had the pleasure of meeting with members of the 9 Colonial Heights Association. The reason for 10 that was really as community representatives, 11 ourselves to basically meet with the community 12 and make sure whatever issues and concerns are 13 addressed that there is a meeting of minds and an 14 understanding that we're there to continue our 15 church of some 43 years, as Doctor Sayegh said, 16 since 1966, we have been very good neighbors at 17 78 High Street. And our intent is to continue to 18 make our church a very viable part of our family 19 life, our community life. And we're very 20 fortunate that our children with the youth 21 organization expressed earlier are extremely 22 active in their education and extremely active in 23 pursuing their careers. So it's really a very 24 strong influence in our families and cultural 25 life to have our church. Page 87 1 Proceedings 2 When we noticed our church at 77 3 High Street was becoming too small for us we 4 really needed to relocate, and we very much 5 wanted to stay in Yonkers, New York. We work and 6 live in Yonkers and wanted to a large extent to 7 look at this property at Grandview. When we 8 looked at the property, although it needs a lot 9 of work and truly eyesore in the community, we 10 saw a lot of potential. We wanted to make it 11 very clear to the neighborhood that our priest 12 will live as a family at the Location and we 13 already have many of our parishioners presently 14 living in Colonial Heights So we pledge we will 15 become active in the Colonial Heights Association 16 ourselves and our priest already in the Colonial 17 Heights Association and work with the community 18 and representatives to assure that the church 19 will function as any church. In our case we hope 20 to continue to become a viable and active church 21 that will continue to give the opportunity to our 22 children and families to prosper and prosper 23 with the community. 24 THE CHAIRMAN: Thank you. 25 Mr. Romano, anything else to say? Page 88 1 Proceedings 2 Is there anybody here in opposition to this 3 variance? Are you in opposition, sir? Are you 4 an attorney, sir? 5 MR. POVERE: No, I'm not. 6 (Speaker Sworn) 7 THE CHAIRMAN: State your name and 8 address. 9 MR. POVERE: Fred Povere, 41 10 Grandview Avenue. 11 THE CHAIRMAN: Proceed. 12 MR. POVERE: I'm not opposed to 13 the church, but I was not going to speak for it. 14 I just had some questions. Mr. Romano gave some 15 heights that I don't think are correct. I'd like 16 him to clear them up in terms of the height 17 difference. Looks like it's 15 and a half feet 18 not 10 feet. Also, the size of the dome stated 19 was incorrect according to the plans. And also 20 there isn't a height of the cross, and I think 21 that should be specified before you give an okay 22 on the plans. Also, I came here because I 23 couldn't find out any information, the variance 24 just said a school. Some places it's perfectly 25 acceptable in this variance but I just wanted to Page 89 1 Proceedings 2 be sure that this would not be carried over as a 3 school. 4 THE CHAIRMAN: It's not going to 5 be a school, believe me. 6 MR. POVERE: That's all I have to 7 say. I have heard very good things about the 8 church. 9 THE CHAIRMAN: I will get the 10 height of the cross. Mr. Romano, I want to know 11 the height of the cross from the ground to the 12 top of the cross. 13 MR. ROMANO: At this point I can 14 tell you the dome is on the plans. I don't know 15 the height of the cross. 16 THE CHAIRMAN: You will get that 17 for us. You better get it soon if you want a 18 decision next month. Give it to me at least 15 19 days before. 20 MR. ROMANO: I think it's coming 21 from Jerusalem, so I can call there. 22 THE CHAIRMAN: I want a 23 professional parking plan. I want the curb cuts 24 in and out. Don't send me something I will put 25 this case over I know these people are anxious to Page 90 1 Proceedings 2 get a decision. Looks like they got a nice thing 3 going here. Don't let him give this to me five 4 days before the hearing. I want professional 5 parking plans showing the parking and in's and 6 out's. 7 Any questions of the Board? 8 Would you like to sum-up, sir? 9 MR. ROMANO: That's all right. 10 THE CHAIRMAN: This case hereby 11 closed. Reserve the right to reserve anytime 12 whatsoever, any reason whatsoever. That includes 13 after decision is made. Thank you. 14 THE CHAIRMAN: Next case is 5175, 15 area variance, Andrew Romano, Esquire on behalf 16 of Michael Rafferty, owner, to legalize an open 17 air wood deck in rear yard of existing premises. 18 Having insufficient rear yard, required 25 feet, 19 proposed, zero as per Section 43-27, Table 43-3. 20 A deck may not cover more than 40 percent of a 21 rear yard, proposed 40 percent plus or minus, as 22 per Section 43-41A.3,. on premises known as 23 Lindsey Street, Block 6053, Lot 40 in a T zone. 24 THE CHAIRMAN: Mr. Romano, has 25 everybody within a 200 foot radius been notified, Page 91 1 Proceedings 2 sir? 3 MR. ROMANO: Yes, sir, 4 Mr. Chairman. 5 THE CHAIRMAN: Anything come back 6 undeliverable, sir? 7 MR. ROMANO: Three out of 37, 8 Mr. Chairman. 9 THE CHAIRMAN: Give those to the 10 Commissioner. 11 MR. ROMANO: Yes, sir. 12 THE CHAIRMAN: Is there anybody 13 here tonight on this case? This case is on 14 Lindsey street. Lindsey street goes south from 15 Yonkers Avenue, on that turn. You cross from 16 CVS, Sinatra's funeral parlor. Anybody here? 17 Proceed, Mr. Romano. 18 MR. ROMANO: I am here on behalf 19 of Mr. Rafferty, the owner of 22 Lindsey Street. 20 The premises is an existing two story, two-family 21 dwelling with a rear garage located in a T zone 22 on a 100 foot by 33 foot lot. The applicant has 23 owned the premises since 1998. What the applicant 24 seeks to his do is legalize the existing rear 25 deck used for outdoor purposes, relaxation, which Page 92 1 Proceedings 2 is located in the rear partially above of the 3 garage and driveway. The premises has existed 4 many years without complaint with this deck. But 5 in filing plans to legalize it it was noted that 6 it violate the rear yard set back and must be 7 Legalized. Due to a few dimensional 8 insufficiencies, the area variance is required, 9 hence making this appeal to the Yonkers Zoning 10 Board of Appeals. We believe the area variance 11 should be approved based on the following 12 information: The variance is not substantial in 13 nature, the rear and lot violation is less than 14 two feet above grade. You go into the back of 15 the premises, the basement sits on top of a 16 retaining wall that is on the edge of the 17 property. So as a result it's difficult to have 18 any type of use for the premises except for the 19 deck that's built even on top of the retaining 20 wall. We believe that because of the low height 21 of the deck in the rear, which is approximately 22 two feet, it's minimal in nature. We do have 23 side yard set back further reducing its impact. 24 The rear yard deck is only 2 percent above code, 25 which we believe is minimum in nature, 40 verses Page 93 1 Proceedings 2 41 percent. The variance cannot be obviated need 3 for deck space neither the adjoining property, to 4 obtain property from the rear property which 5 neighbor by the way, neighbor contacted me had no 6 objection to this proceeding. In light of the 7 minor nature of the variances and the fact any 8 reduction in the deck would create a loss of 9 property utilization and we believe unnecessary 10 to reduce the size of the deck. Premises would 11 be in character of the surrounding area, one, two 12 and three family dwellings, many on similar size 13 lots and dimensions with rear decks or 14 structures. When I was there there are sheds, 15 garages, additions in the rear. We think there 16 will be no physical or environmental impact in 17 the neighborhood. Will remain a two-family 18 dwelling. Comply with property lot coverage, 19 indicating the premises will not be over built. 20 The open air structure of the deck would preserve 21 air and light. Premises will comply with all 22 Building, Housing and Safety Environmental Laws, 23 as well as retain its current parking. Hardship 24 may be self-created. The deck is needed for the 25 applicant's use, especially because of the Page 94 1 Proceedings 2 reduced size of the house and lot which 3 eliminates some of the greenery or use of the 4 outdoor premises. It's only 32 feet by 100. It 5 is clear in balancing the five points of law, no 6 detriment to the surrounding neighborhood and the 7 benefit to the applicant is substantial. The 8 need for outdoor space convenient for the family. 9 My client, Mr. Chairman, is here to answer any 10 questions that I may not be able to. Thank you. 11 THE CHAIRMAN: Mr. Romano, how 12 many families are in the existing house? 13 MR. ROMANO: Two families. 14 THE CHAIRMAN: How many kitchens? 15 MR. ROMANO: Two kitchens, 16 Mr. Chairman. 17 THE CHAIRMAN: How many bathrooms, 18 including in the basement area? 19 MR. ROMANO: Half a bath in the 20 basement area. 21 THE CHAIRMAN: Would you explain 22 what half bathroom is, please? 23 MR. ROMANO: Does not have a 24 shower or bath tub, strictly a toilet. 25 THE CHAIRMAN: Just a toilet? Page 95 1 Proceedings 2 MR. ROMANO: Yes, sir. 3 THE CHAIRMAN: Are all the taxes 4 paid in full to this date? 5 MR. ROMANO: Yes, sir, they are. 6 THE CHAIRMAN: Any fines that have 7 to be paid? 8 MR. ROMANO: No, sir. 9 THE CHAIRMAN: Is there any 10 certiorari proceedings on the property? 11 MR. ROMANO: No, sir, not outside 12 of the usual STAR exemption. 13 THE CHAIRMAN: That's fine. What 14 does your client do for a living? 15 MR. ROMANO: I will introduce him, 16 Mr. Chairman, if that's okay. 17 THE CHAIRMAN: Are you an 18 attorney, sir? 19 MR. RAFFERTY: No. 20 (Speaker Sworn) 21 THE CHAIRMAN: State your name and 22 address. 23 MR. RAFFERTY: Michael Rafferty, 24 229 DeVoe Avenue, Yonkers, New York. 25 THE CHAIRMAN: What do you do for Page 96 1 Proceedings 2 a living, sir? 3 MR. RAFFERTY: Kitchen installer. 4 THE CHAIRMAN: Do you run a 5 business out of this house? 6 MR. RAFFERTY: Lindsey Street? 7 THE CHAIRMAN: You said you're a 8 kitchen installer, do you own the business? 9 MR. RAFFERTY: Yes. 10 THE CHAIRMAN: Do you operate it 11 out of the house? 12 MR. RAFFERTY: Out of my own 13 premises? Yes. 14 THE CHAIRMAN: You do? 15 MR. RAFFERTY: Not I don't live at 16 Lindsey Street. I live 229 DeVoe Avenue. 17 MR. ROMANO: His business address 18 is 229 DeVoe. He does not run it out of 22 19 Lindsey. 20 THE CHAIRMAN: Who built the deck, 21 sir? 22 MR. RAFFERTY: I built -- 23 MR. ROMANO: Actually he built 24 part of the deck. Some of it was there, 25 Mr. Chairman. Page 97 1 Proceedings 2 THE CHAIRMAN: Who built the deck? 3 MR. RAFFERTY: It was existing. 4 THE CHAIRMAN: You built the deck, 5 you made it illegal, am I correct? 6 MR. ROMANO: Yeah, I would say so. 7 THE CHAIRMAN: Yes or no, sir? 8 MR. RAFFERTY: Yes. 9 THE CHAIRMAN: How long has the 10 deck been there, sir? 11 MR. RAFFERTY: Since, I bought the 12 house in '93. The deck was there. 13 THE CHAIRMAN: The entire deck, 14 how long has the entire deck been there, since 15 1993? 16 MR. RAFFERTY: Since '94? 17 THE CHAIRMAN: A year after the 18 gentleman bought the house he built the deck. 19 He's been enjoying the deck for 15 years? 20 MR. ROMANO: He built part, part 21 of the deck was there. 22 THE CHAIRMAN: He just told me he 23 built the deck. I don't care about the part of 24 the deck that was there before. He built the 25 deck in 1994, the man is telling the truth. I Page 98 1 Proceedings 2 like people who will tell the truth. The 3 gentleman has been there 15 years enjoying the 4 deck. How high is the deck, from the ground 5 level to the actual deck itself? 6 MR. RAFFERTY: Probably eight and 7 a half inches. 8 THE CHAIRMAN: Looks like your 9 plans reflect more than eight and a half inches? 10 MR. ROMANO: The plans -- 11 MR. RAFFERTY: There is a concrete 12 apron that runs partly up to the deck which is 13 probably eight inches. The deck itself is 14 probably eight inches, probably 16. 15 THE CHAIRMAN: You're talking 16 about the deck above the garage? 17 MR. RAFFERTY: Correct. 18 THE CHAIRMAN: Is it okay if we 19 come over and look at the back of the property? 20 We have been over there a couple times, we didn't 21 want to go on your property without your 22 permission. Do we have your permission? 23 MR. RAFFERTY: Yes. 24 THE CHAIRMAN: Mr. Romano, call up 25 Mr. Schneider and make an appointment for myself Page 99 1 Proceedings 2 and one of the other members to come over. 3 MR. RAFFERTY: Until Wednesday of 4 next week, before Wednesday. 5 MR. ROMANO: A week from today, 6 next Tuesday? 7 THE CHAIRMAN: I think that would 8 be fine. Call Commissioner Snyder and book it in 9 the morning around 9:00. 10 MR. ROMANO: Could he add 11 something else, Mr. Chairman? 12 MR. RAFFERTY: The reason I 13 changed the deck was a safety issue. I had four 14 young children from five down to one year of age. 15 I didn't want them playing in the street. I 16 asked my neighbor to the right of me, behind me, 17 side of me, they said it's okay. The old 18 structure was there, I built something that was 19 stronger. In hind sight, I should have asked for 20 a permit. 21 THE CHAIRMAN: We're going to be 22 over next Tuesday around 9:00. Mr. Romano will 23 confirm it in the morning with Mr. Schneider. 24 THE CHAIRMAN: Any questions of 25 the Board? Mr. Landi? Page 100 1 Proceedings 2 MR. LANDI: Just a clarification, 3 Mr. Chairman. On the illegal apartment, that has 4 been removed, the two car garage has been 5 restored? 6 MR. RAFFERTY: Yes. 7 MR. LANDI: So you're in 8 compliance? There's no violation? 9 MR. ROMANO: No, sir. I think you 10 have a clean hands report reflecting that the 11 violation was removed. 12 THE CHAIRMAN: What I am going to 13 need from you is an affidavit signed by the 14 gentleman and his tenant. In the affidavit he's 15 going to tell me there is two kitchens like we 16 said and two families that live there, and the 17 illegal apartment has been removed. And the 18 other tenant has to sign the affidavit also. 19 MR. ROMANO: Yes, sir. 20 THE CHAIRMAN: When we come over 21 to the house to look at the deck we want to look 22 at the house also, is that okay, sir? 23 MR. RAFFERTY: Yes. Both floors? 24 THE CHAIRMAN: What we want to 25 look at your tenant on the top floor. We don't Page 101 1 Proceedings 2 want to get into that apartment. 3 MR. RAFFERTY: First floor? 4 THE CHAIRMAN: First and basement. 5 Basically, the basement. There is nothing in the 6 attic, is there? 7 MR. RAFFERTY: No. 8 THE CHAIRMAN: Any questions of 9 the Board? Anybody here to speak in favor of 10 this application? Anybody here to speak in 11 opposition? Mr. Romano? 12 MR. ROMANO: No, thank you, 13 Mr. Chairman. 14 THE CHAIRMAN: This case is hereby 15 closed. Reserve of the right to reopen any time 16 whatsoever, any reason whatsoever. That includes 17 after decision is made. Thank you. 18 THE CHAIRMAN: Area variance, 19 5174, Mr. Romano on behalf of Kevin Hughes, 20 owner, to renovate the existing service station 21 by adding one and two story addition to create a 22 total of three service bays on the left side of 23 the premises, that would be on the south side, 24 with a convenience store located on the right 25 side of the premises, that would be on the north Page 102 1 Proceedings 2 side, canopy over the gas pumps. Having 3 insufficient parking as per Section 43-128 and 4 Table Number 4, requires eight, proposed is six. 5 Parking in the minimum front yard set back is not 6 permitted as per Section 43-133A.3. Parking 7 within 10 foot of a building is not permitted as 8 per Section 43-44.B.5. Parking within five feet 9 of the parking lot is not permitted as per 10 Section 43-44B.5.. No required parking space 11 shall be located within 10 foot of the existing 12 right-of-way line of a public street as per 13 Section 43-134A.4. on premises known as 487 14 Central Park Avenue, lot 6117, Lot 9, in the B 15 zone. 16 Mr. Romano, has everybody within 17 a 200 foot radius been notified, sir? 18 MR. ROMANO: Actually, 19 Mr. Chairman, we sent out 400 foot because it's a 20 service station, we sent out 93. 21 THE CHAIRMAN: Okay, you sent out 22 400 feet. I believe that's out of the code. I 23 believe it's 200 feet. You can check the code 24 with Mr. Schneider tomorrow. 25 MR. ROMANO: We did 93, we got Page 103 1 Proceedings 2 back seven out of 93. 3 THE CHAIRMAN: Give them to the 4 Commissioner at the end. Anybody here on this 5 case, existing gas station on the Central Park 6 Avenue, corner of Loring and Chamberlain Avenue. 7 Proceed, Mr romano? 8 MR. ROMANO: Mr. Chairman, Members 9 of the Board, I represent Kevin Hughes who is the 10 owner of this site since 2000. The premises is 11 currently a legal gas station containing service 12 garage, motorcycle, fronts Loring Avenue with a 13 convenience store, one service bay and gas pump 14 on Central Park Avenue. The zoning of the 15 premises in 2000 located in a B zone which 16 permits the usage that we're requesting tonight. 17 The premises is open from seven a.m. in the 18 morning to 11:00 p.m. every day. What the 19 applicant seeks is to do is renovate and upgrade 20 the existing service station by adding a one, two 21 story addition to create a total of three service 22 bays on the left side of the premises. There 23 already is one that is enclosed on that side 24 which fronts on Central. These three would 25 front, they wouldn't front on anything except the Page 104 1 Proceedings 2 adjoining property. The other bay which actually 3 is an outdoor service bay, a lift that comes out 4 would be closed and then you would have a third 5 service bay that would be 16 feet high, would be 6 a little bit higher than the others because I 7 understand SUVs and vans need that extra four 8 feet. That would be on the left side of the 9 premises with the convenience store now located 10 on the right side of the premises, as well as to 11 have a canopy that would be put over the gas 12 pumps. The motorcycle service garage will remain 13 the same. 14 As a result of the area variance 15 is the dimensional insufficiencies, a parking 16 variance is requested by the applicant. We 17 believe that the area variance should be approved 18 based on the following information; the variance 19 is not substantial in nature because only two 20 parking spaces shore short of code, mitigated 21 because the park space are based on the entire 22 square footage of the building, not actual use. 23 As I explained in the Principal Points, the 24 convenience store we all notice is mainly for 25 customers, gas station, running to get milk, Page 105 1 Proceedings 2 soda, cigarettes, no video games, no tables, no 3 chairs. There will be nothing in there to allow 4 people to hang out or stay, which is something 5 that my client wants, and I know in the past 6 before the Board the idea is not to have this as 7 a hang out. The idea is you get in, get your 8 gas, get some food and leave very quick. Now, my 9 client further does not sell cars on the lot 10 reducing the need for parking spaces on the 11 premises. The convenience store would be used by 12 customers. 13 In looking at the premises myself 14 on several occasions, the three bays itself, 15 where the cars are located inside reducing cars 16 outside. Inside the parking premises would be 17 for customers using the service bay. The owner 18 and possibly persons coming in, short term 19 parking for the convenience store. No individual 20 games, tables, chairs, no hang out. Everything 21 is short turnaround. 22 The original objection letter on 23 this which would comply with mostly code would 24 have eliminated the 10 feet and the five foot 25 requirements. We thought it would be better for Page 106 1 Proceedings 2 the site if we add two parking spaces to the 3 right side near the motorcycle service area and 4 create variances by putting the cars closer to 5 the building. We thought that would be less of a 6 problem to add those two parking spaces because 7 it wouldn't be next to a residence, it would be 8 next to a building. By moving the additional two 9 parking spaces, alleviate part of the problem and 10 create -- would be closer to the building, 11 obviously, but alleviate two parking spaces just 12 in case. When I was there on several occasions 13 there were a lot of parking spaces available. I 14 didn't see -- I was there in the morning and at 15 night and in the afternoon. Anyway, the variance 16 cannot be obviated, there's a need for the bays. 17 There is a need for the canopy. As the Board is 18 aware, approving in the past, canopies, it would 19 essentially have the systems in case a fire 20 brakes out at the gas pumps, which is something 21 before this Board on many occasions. So it would 22 be similar. In addition to that, there is an 23 outdoor lift area, we thought to enclose that 24 lift in one of the service bays would reduce the 25 noise and smoke associated with the service Page 107 1 Proceedings 2 stacks enclosed. So you wouldn't have that 3 noise. All three cars will be located on the 4 lifts in the service bays and be enclosed. We 5 believe that would reduce noise, as well as 6 smells in the area outside. We think the 7 addition will improve the site, make it look 8 nice. I have spoken to some of the neighbors. 9 My client, unfortunately, is ill with the flu 10 tonight, couldn't be here. He's a neighborhood 11 guy and about 15 neighbors who use this facility 12 thought it was a great idea. Allows him greater 13 access and greater speed to repair the cars on 14 site and thought it would be something of an 15 improvement to the area and the character of the 16 area, not change. Will remain a service station, 17 permitted use in the zone and surrounding areas 18 contain other service stations, car lots, 19 commercial retail stores and located directly 20 across from Yonkers Raceway reflected in the area 21 maps, site visits, photographs. We don't believe 22 any adverse physical environmental impact in the 23 area. Does not exceed lot code, and canopy will 24 provide safety in case of a fire with the fire 25 suppression system to the gas pump. We thought Page 108 1 Proceedings 2 it would be a good idea. I think if we get 3 approved, we have to go to the Planning Board. 4 We thought in the rear yard where the fence is 5 kind of dilapidated, we thought that a fence 6 and/or planting as a bumper would actually 7 enhance the site by preventing any additional 8 noise or smells to cross over. So I thought that 9 was a big point to be used in order to make the 10 area more beneficial. Behind you have the 11 residences, even though the people want this. 12 They are not complaining. We thought this would 13 be beneficial to have that fence and plantings in 14 the back. Still substantial air and light will 15 be provided. Parking spaces, outside structures. 16 We think as a result still sufficient air and 17 light for those parking areas. All structures 18 will comply with building, safety, fire and 19 environmental code, improving the overall site 20 and overall neighborhood. It may be a self 21 contained hardship. Does make it difficult to 22 improve the upgraded side based on the current 23 area. The property will improve the area for 24 business. In the surrounding area, more privacy 25 for residents of the neighborhood, as well as Page 109 1 Proceedings 2 surrounding area and aesthetically pleasing. 3 Thank you, Mr. Chairman. 4 THE CHAIRMAN: This has to go 5 before the Planning Board? 6 MR. ELLMAN: Yes, Mr. Chairman, 7 it's an extension of the site, requires site plan 8 review. 9 THE CHAIRMAN: Any questions? 10 MR. LANDI: The only concern I 11 have is what Mr. Ellman said, are we putting the 12 cart before the horse? 13 MR. ELLMAN: No, not so much cart 14 before the horse, I don't see one board has to go 15 first. My experience has been when there is no 16 site plan review but there's been variances 17 granted, the applicant tends to use that, Daddy, 18 gave me permission to go, kind of way. Goes to 19 the Planning Board says, but I got a variance. 20 Kind of, putting a little bit of a limit in a 21 sense from a practical perspective. I don't 22 think from a legal perspective on the Planning 23 Board's actions, just feels like in a case like 24 this where the site is kind of a mish-mash that 25 it might be worthwhile, I think it may work well Page 110 1 Proceedings 2 in timing. Also, how the Board's are meeting to 3 perhaps think about preliminary site plan review 4 and perhaps having the Board's report to one 5 another or the Chairmen talk. Again just a 6 thought. 7 MR. LANDI: But you have no 8 objections? 9 MR. ELLMAN: I have no objections 10 to the Zoning Board acting, of course not. 11 THE CHAIRMAN: When is this on the 12 Planning Board agenda? 13 MR. ROMANO: My understanding it 14 has to be approved by Zoning Board and after that 15 go to the Planning Board. I assume if this is 16 approved in August. 17 THE CHAIRMAN: Is your client 18 going to pave the area? 19 MR. ROMANO: If it's required, 20 yes, sir. Paved, put lines in. I guess the 21 plantings and fences, I thought it could use a 22 little help, especially in the back. 23 THE CHAIRMAN: You realize a 24 convenience store, if granted by this Board, is 25 only going to be from a certain time to certain Page 111 1 Proceedings 2 time, not 24 hour operation. 3 MR. ROMANO: Mr. Ellman and I, 4 Planning Board, you have special exception uses 5 for 24/7 that's in and out. Our intent probably 6 not open after nine, but if there is an emergency 7 or something I can see it. You have to bring a 8 car in. 9 THE CHAIRMAN: You realize the 10 store is going to be limited on hours? 11 MR. ROMANO: Yes, sir, I 12 understand. 13 THE CHAIRMAN: Any questions of 14 the Board? Anybody here tonight to speak in 15 favor this application? Anybody here tonight to 16 speak in opposition of this application? Mr. 17 Romano, would you like to sum-up, please? 18 MR. ROMANO: Thank you, Mr. 19 Chairman, that's okay. 20 THE CHAIRMAN: This case is hereby 21 closed. Reserve the right to reopen any reason 22 whatsoever, any time whatsoever. That includes 23 after decision is made. Thank you. 24 We have two decisions to make. 25 Both Mr. Romano's. First decision is 5161, 402 Page 112 1 Proceedings 2 Saw Mill River Road. Mr. Landi? 3 MR. LANDI: Mr. Chairman, case 4 number 5161, area variance and improvement of a 5 non-conforming use, Andrew Romano, Esquire, on 6 behalf of M. Mesquita, owner, to legalize a car 7 port in the rear of the existing two-family 8 dwelling. Improvement to a non-conforming use. 9 Accessory residential structure in the rear yard 10 of a two-family dwelling located in A CM zone as 11 per Section 43-21(G), carports are not permitted 12 as per Section 43-44A.8.a.. Exceeding coverage 13 of the rear yard requiring 60 percent maximum, 14 proposed 86 percent plus or minus, as per Section 15 43-40.D.2. Insufficient rear yard, required 16 three feet, proposed .5 feet as per Section 17 43-40.D.4. And insufficient rear yard required 18 five feet, proposed 2.2 feet as per Section 19 43-40.D.4. on premises known as 402 Saw Mill 20 River Road, Block 2365, Lot 18, zone CM. 21 The premises is a legal 22 two-family dwelling, based on the Certificate of 23 Occupancy issued on May 4, 1971 for an existing 24 non-conforming premises in accordance with 25 Section 107.44 of G.O. 24-1968 as amended. The Page 113 1 Proceedings 2 premises is located along a major arterial where 3 on street parking can be critical for safety of 4 the public with regard to movement of emerging 5 vehicles, fire, ambulance, snow removal. 6 Therefore, this Board favors any effort to 7 provide off-street parking in the neighborhood. 8 I make a motion to approve the 9 request for area variance and continuance of 10 non-conforming use subject to conditions based on 11 facts, findings and information and testimony 12 presented to this Board at the public hearing, 13 site visit by members of the Zoning Board or 14 otherwise obtained. 15 In making this determination, the 16 Zoning Board of Appeals shall take into 17 consideration the benefit to the applicant and/or 18 owner if the variance is granted as weighed 19 against the detriment to health, safety, welfare 20 of the neighborhood or community by such grant. 21 In making such determination, the Board shall 22 also consider the following: 23 One, whether undesirable changes 24 will be produced in the character of the 25 neighborhood or detriment to nearby properties Page 114 1 Proceedings 2 will be created by granting of the area variance. 3 Based on the site visits by 4 members of the ZBA and testimony, an undesirable 5 change in character not neighborhood or detriment 6 to nearby properties will not be produced by 7 granting the variance for the carport. 8 Two, whether the benefit sought 9 by the applicant and/or owner can be achieved by 10 some other method feasible for the applicant 11 and/or owner to pursue other than an area 12 variance. 13 The premises is located In a 14 fully developed area of Yonkers. Additional land 15 is not readily available. The benefit sought 16 cannot be alleviate without additional land and, 17 therefore, not be achieved by so other feasible 18 method other than the variances. 19 Whether the requested area 20 variance is substantial. The Board has 21 considered the total project and the creation of 22 off-street parking considered the requested 23 variance not to be substantial. 24 Four, whether the proper proposed 25 variance Will have an adverse effect on physical Page 115 1 Proceedings 2 or environmental conditions. 3 The carport will not have an 4 adverse effect on the physical or environmental 5 conditions of the neighborhood or district. 6 Five, whether the alleged 7 difficulty was self-created. The alleged 8 difficulty was self-created, which consideration 9 was relevant to the decision but shall not 10 necessarily preclude the granting of the 11 variance. 12 The Board grants the variance 13 subject to the following conditions: 14 One, all health, safety, fire, 15 building, environmental codes shall be adhered to 16 at all times by the applicant and/or property 17 owner. 18 Two, the property and/or property 19 owner shall provide to this Board within 45 days 20 from July 21st, 2009, a certified affidavit that 21 all the real estate taxes due have been paid to 22 date and whether any certiorari proceedings are 23 underway. 24 Three, the applicant and/or 25 property owner shall apply for building permit Page 116 1 Proceedings 2 and pay all appropriate fees and/or fines to the 3 Department of Housing and Buildings within 60 4 days from July 21st, 2009. 5 Four, fire, smoke, carbon 6 monoxide detectors shall be installed, hard wired 7 throughout the dwelling and shall be connected to 8 an outside 24 hour monitoring service such as 9 ADT. 10 Five, no business shall be 11 operated from the premises. As testified the 12 owner has moved his business outside of Yonkers. 13 Six, no in-law, boarding house 14 set up shall be permitted. The building shall be 15 a two-family residence only with two kitchens, 16 two electric meters, et cetera et cetera. 17 Seven, parking for the residents 18 shall be provided in the rear of the premises. 19 No parking, for any reason, shall be allowed in 20 the front yard and/or sidewalk area. 21 Eight, all sidewalks and curbs 22 shall be repair and/or replaced as directed by 23 the City Engineer. 24 Nine, these conditions shall be 25 specified on the Certificate of Occupancy, and Page 117 1 Proceedings 2 the applicant and/or property owner shall permit 3 inspection by the Department of Housing and 4 Buildings, City of Yonkers, at least once every 5 calendar year to determine the conditions are 6 being satisfied. 7 Ten, should the applicant or 8 property owner not comply with, breach or violate 9 any conditions at any time the variance approval 10 is hereby rescinded and authorizes the Department 11 of Housing and Buildings, City of Yonkers, to 12 take appropriate action. 13 Eleven, all expenses associated 14 with these conditions shall be the responsibility 15 of the applicant and/or property owner. 16 Mr. Chairman? 17 THE CHAIRMAN: Thank you. Second 18 on the motion? 19 MS. LITTLE: Second. 20 THE CHAIRMAN: On the motion, 21 Mr. Landi. 22 MR. LANDI: In favor. 23 THE CHAIRMAN: Mr. Singh? 24 MR. SINGH: In favor. 25 THE CHAIRMAN: Miss Little? Page 118 1 Proceedings 2 MS. LITTLE: For the motion. 3 THE CHAIRMAN: Chairman votes in 4 favor, 4-3 absent. 5 Next case 5168, Mr. Romano, 6 again, 354 Riverdale Avenue, Mr. Singh. 7 MR. SINGH: Mr. Chairman, case 5168, 8 area variance, Andrew Romano, Esquire, on behalf, 9 Geraldine Soriano, Contract Vendee, to construct 10 a new two-family dwelling exceeding maximum 11 permitted floor area ration, Section 43-27, Table 12 43-3, required 1.0, proposed 1.2. Exceeding 13 maximum permitted height, Section 43-27, Table 14 43-3, required two and a half stories, proposed 15 three and a half. Insufficient total area/lot 16 area per family, Section 43-27, Table 43-3, 17 required 5000 square feet/2500 square feet, 18 proposed 2,499 square feet plus minus, 1,249.5 19 square feet plus or minus. Insufficient side yard 20 total yard, Section 43-27, Table 43-3 and Section 21 43-33K, required 3'/8'9", proposed 3'/6" plus or 22 minus. Insufficient parking Section 43-128, 23 Table 43-4, required four spaces, proposed two 24 spaces, on premises known as 354 Riverdale 25 Avenue, Block 129, Lot 44 in a BA zone. Page 119 1 Proceedings 2 Mr. Chairman, I make a motion to 3 approve the request for area variance subject to 4 conditions based on the facts, findings and 5 information presented to the Board at the public 6 hearing and site visits made by members of the 7 Zoning Board or otherwise obtained. 8 In making its decision, the 9 Zoning Board of Appeals shall take into 10 consideration the benefit to the applicant and/or 11 Contract Vendee, if the variance is granted as 12 weighed against the detriment, health, safety and 13 welfare of the neighborhood and/or community by 14 such granting. 15 Mr. Chairman, to grant an area 16 variance the Board considers five points of law. 17 Number one, whether an 18 undesirable change will be produced in the 19 character of the neighborhood or the granting of 20 this variance will create a detriment to nearby 21 properties. 22 The granting of this area 23 variance will not produce an undesirable change 24 in the neighborhood because several of the 25 surrounding dwellings are two family dwellings Page 120 1 Proceedings 2 eon similar size lots as well as other one, two 3 and multi family dwellings on various lot sizes 4 which are reflected in the photos, area map and 5 site visits. 6 Number two, whether the benefit 7 sought by the applicant can be achieved by some 8 other method feasible for the applicant to pursue 9 other than an area variance. 10 Mr. Chairman, the variance cannot 11 be obviated because the lot is only 25 by 100 12 feet and it is impossible to obtain land from 13 either side of the premises because it would 14 cause only more variances. However, in light of 15 the reduction of the previous premises, 16 especially in terms of occupancy to a two family 17 dwelling it is unnecessary to further reduce the 18 variance. 19 Three, whether the requested area 20 variance is substantial. 21 Mr. Chairman, the requested area 22 variance is substantial in nature but it is due 23 to the size of the lot, which is the reason for 24 the substantial variance. However, it is 25 mitigated because the applicant has only a minor Page 121 1 Proceedings 2 variance for the setbacks and reduced the 3 occupancy from a four family to a two-family and 4 has provided proper off-street parking. 5 Number four, whether the 6 granting of the area variance to allow for the 7 proposed improvement will have an adverse effect 8 or impact on the condition of the physical or 9 environmental conditions in the neighborhood. 10 Mr. Chairman, the Zoning Board 11 believes the proposed application will not have 12 an adverse effect on the physical or 13 environmental conditions of the neighborhood, 14 however, it would be important to comply with all 15 Building, Housing and safety and environmental 16 laws. Comments on file from the Planning 17 Director the requested variance is a Type II 18 action pursuant to Part 617 the statewide 19 implementing regulations for SEQRA. No further 20 environmental review is required. 21 Number five, whether the alleged 22 difficulty was self-created which shall be 23 relevant to the decision to the Board of Appeals, 24 but shall not necessarily preclude the granting 25 of this area variance. Page 122 1 Proceedings 2 Mr. Chairman, the hardship may be 3 self-created, which consideration is relevant to 4 the decision but not necessary to preclude the 5 granting of the area variance. 6 The Board grants this requested 7 variance subject to the following conditions: 8 Number one, that all fire, 9 environmental, safety, building, and zoning codes 10 are adhered at all times by the applicant and/or 11 Contract Vendee. 12 Number two, smoke, fire and 13 carbon monoxide detectors will be installed 14 throughout the building and hard wired 15 applications 24 hours outside monitoring system 16 such as ADT. 17 Number three, the premises will 18 be a two-family dwelling with two kitchens, no 19 boarding house setup or in-laws. 20 Number four, no business shall 21 operate from these premises. 22 Number five, building to be fully 23 sprinklered and hooked up to 24 hour monitoring 24 system such as ADT. 25 Number six, that permission must Page 123 1 Proceedings 2 be given by the applicant and owner that a yearly 3 inspection by the City of Yonkers Building 4 Department to be sure that all the conditions are 5 adhered to. 6 Number seven, that the plan will 7 not be reviewed for code requirements until ZBA 8 approval. 9 Number eight, that if any back 10 real estate taxes or fines if owed be paid in 11 full within 45 days of this hearing and proof 12 must be submitted to the Board. 13 Number nine, any and all 14 sidewalks and curves that require repair and or 15 replacement as per the City Engineer must be 16 replaced or repaired by applicant, as per city 17 specifications and paid for by applicant or the 18 owner before occupancy of the premises. 19 Number 10, in the basement area, 20 the bathroom can only have a toilet and sink, no 21 shower or tub allowed. Basement cannot be 22 occupied as a sleeping quarters. 23 Number 12, should the applicant 24 and Contract Vendee not comply with breach or 25 violate any of these conditions at anytime the Page 124 1 Proceedings 2 variance approval will be rescinded and 3 authorizes the Department of Housing and 4 Buildings, City of Yonkers, to take appropriate 5 action. 6 Number 12, all expenses to this 7 associated with these conditions shall be the 8 responsibility of the applicant and/or, Contract 9 Vendee. 10 Number 13, all of the above 11 conditions be listed on the Certificate of 12 Occupancy. 13 Number 14, any changes in the use 14 of this property must come to Zoning Board of 15 Appeals for permission after public hearing and 16 decision. Thank you, Mr. Chairman. 17 THE CHAIRMAN: We're going to add 18 a condition to the motion, is that okay with you? 19 MR. SINGH: Sure. 20 MR. LANDI: Has to do with the 21 photos. 22 THE CHAIRMAN: It would be number 23 15. 24 MR. LANDI: Number 15, the 25 owner/applicant shall provide preconstruction Page 125 1 Proceedings 2 photos and photos during the construction of the 3 adjoining properties, both exterior and interior. 4 THE CHAIRMAN: Do I have a second 5 on the motion as amended. 6 MS. LITTLE: Second. 7 THE CHAIRMAN: Mr. LandI? 8 MR. LANDI: 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. The motion is carried four four- 15 three absent. Thank you. 16 Mr. Romano, we have some other 17 business for you take care of. First, 1270 18 Nepperhan Avenue. This office represents a 19 client we once again beseech the Yonkers Zoning 20 Board of Appeals to consider putting a sprinkler 21 system on the premises because of the high cost 22 of $88,000, as attached. Yonkers Fire Department 23 does not require a spring system, financial 24 hardship. To complete the variance would be 25 impossible for the applicant and unnecessary in Page 126 1 Proceedings 2 the light of the nature of the history of the 3 site. This is an auto body shop. 4 Does anybody here want to 5 eliminate the sprinkler system? I do not, does 6 anybody want to do it? 7 MR. LANDI: No. 8 THE CHAIRMAN: The motion stands 9 as such, that's case 5074. 10 Next request is from JLG Realty 11 Corporation, on Dock Street, case number 5113. 12 I'm going to make a motion to give him a six 13 month extension as long as they pay, six months 14 from today, as long as they pay the fee within 30 15 days of today. Do I have a second on the motion? 16 MR. LANDI: Second. 17 THE CHAIRMAN: Everybody in favor 18 say aye. 19 (Chorus of Ayes) 20 THE CHAIRMAN: Now case number 21 4538, going to be the police station on Yonkers 22 Avenue. I make a motion, they are asking for a 23 one month extension. I make a motion we give 24 them three months extension from today as long as 25 they pay the extension fee within 30 days from Page 127 1 Proceedings 2 today. That's the police station on Yonkers 3 Avenue. I'd make a motion to grant three months 4 as long as they pay the fee within 30 days. Do I 5 have a second? 6 MS. LITTLE: Second. 7 THE CHAIRMAN: Everybody in favor? 8 (Chorus of Ayes) 9 THE CHAIRMAN: Opposed? Carried. 10 We have Dwayne Reed, Mr. Shapiro, he needs more 11 time from December 2009. Commissioner Schneider 12 has been working with him so I will give him a 13 six month extension from September l7, 2009 as 14 long as the fee is paid 30 days from today. 15 Second? 16 MS. LITTLE: Second. 17 THE CHAIRMAN: Everybody in favor 18 say aye. 19 (Chorus of Ayes) 20 THE CHAIRMAN: Opposed? 21 Carried? 22 THE CHAIRMAN: 570 South Broadway, 23 4679, Mr. Haynes. I am writing to ask 24 reconsideration to one of the variance conditions 25 placed on the proposed project. Condition, fire Page 128 1 Proceedings 2 sprinkler system to started construction provides 3 the system that is very expensive relative to the 4 building and amount of construction, building is 5 1700 square feet, approximately, and cost 6 approximately $53,000, see attach proposal. In 7 lieu of the sprinkler, my client would steel 8 frame upgrading the building construction to 9 Class II-B, noncombustible construction. This 10 will afford a better fire rating and although 11 more expensive than wood frame construction cost 12 will still be economical. 13 Anybody to eliminate the fire 14 system? I won't. Anybody want to eliminate it? 15 MR. LANDI: No. 16 THE CHAIRMAN: So let it stand as 17 such. Then we have Mr. Letson's children's home, 18 case 4576. He's asking for a five year 19 extension. I don't believe we should give 20 anybody a five year extension. This was a use 21 variance. He says some of the conditions have 22 been done. Some of them couldn't be because 23 they didn't build the building yet. I make a 24 motion for a one year extension from today's 25 date. Do I have a second on the motion? Page 129 1 Proceedings 2 MS. LITTLE: Second. 3 THE CHAIRMAN: Everybody in favor 4 say aye. 5 (Chorus of Ayes) 6 THE CHAIRMAN: Anybody opposed? 7 Thank you. Carried. They have to pay the fee 8 within 30 days from today. 9 THE CHAIRMAN: I'm going to grant 10 a six month extension to 1618 Warburton Avenue, 11 4738, from to today's date as long as the fee has 12 been paid. The fee has been paid so I'm going to 13 give them six months. 14 MS. LITTLE: That's the loft 15 building? 16 THE CHAIRMAN: Do I have a second? 17 MS. LITTLE: Second. 18 THE CHAIRMAN: Everybody in favor 19 say aye. 20 (Chorus of Ayes) 21 THE CHAIRMAN: Carried. 22 I make a motion to adjourn. 23 MS. LITTLE: Second. 24 (Chorus of Ayes) 25 Page 130 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 19 20 21 22 23 24 25