Page 1 Proceedings 1 DEPARTMENT OF HOUSING AND BUILDINGS: CITY OF YONKERS -----------------------------------------------------x ZONING BOARD OF APPEALS TUESDAY, September 28, 2010 6:00 P.M. City Hall Yonkers, New York ----------------------------------------------------x PRESENT: JOSEPH CIANCIULLI, Chairman ANTHONY LANDI, Member JAMES BLANCHARD, Member DIANE PEARSON, Member(Absent) NANCY LITTLE, Member LEVAR BURKE, Member HARRY SINGH, 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 2 INDEX 3 DECISIONS 4 #5240-Andrew Romano, 17 Sunnybrook Avenue 77 5 6 7 ADJOURNED CASES #5224-James Veneruso, 900 Central Park Avenue 13 8 9 CONTINUED HEARINGS 10 #5231-James Veneruso, 1217 Yonkers Avenue 13 11 NEW HEARINGS 12 #5242-Andrew Romano, 251 Valentine Lane 13 #5243-Andrew Romano, 1022 aka 1024 Yonkers Avenue #5244-Andrew Romano, 475 Kimball Avenue 14 #5245-Taffy Williams, 191 Westchester Avenue #5246-Whitelaw Architects, 333 Bronx River Road 15 16 EXTENSIONS #4836-377 North Broadway 17 #4915-660 Saw Mill River Road #5205-41 Purser Place 18 #5174-Yonkers Avenue #5165-2 Manor House Square 19 20 AMENDED DECISION 21 #5241-166 Ridge Avenue 22 23 24 25 Page 3 1 Proceedings 3 2 THE CHAIRMAN: Ladies and 3 gentlemen, the Zoning Board of Appeals public 4 hearing for the month of September 2010 is now in 5 session. Would the members introduce themselves 6 starting with Mr. Landi. 7 MR. LANDI: Anthony Landi. 8 MR. BLANCHARD: James Blanchard. 9 MS. LITTLE: Nancy Little. 10 MR. SINGH: Harry Singh. 11 MR. BURKE: Lavar Burke. 12 THE CHAIRMAN: I'm Joseph 13 Cianciulli, Chairman of the Board. Missing 14 tonight is Mrs. Diane Pearson. To my immediate 15 left, Corporation Counsel represents the Board, 16 Alain Natchev. To my right, Deputy Building 17 Commissioner William Schneider. To my far left, 18 Commissioner of Planning Lee Ellman. Would 19 everybody please stand for Pledge of Allegiance 20 lead by Commissioner Schneider. 21 (Pledge of Allegiance) 22 THE CHAIRMAN: Now let me explain 23 something to the public. I don't allow talking, 24 I'm very strict about it. If you want to talk 25 to your neighbors go into the hallway. The other Page 4 1 Proceedings 4 2 thing is the cell phone. I have one, it's on 3 buzz. So put it on buzz or turn it off because 4 if it goes off and I hear it it's coming right 5 here to me and stay here and I will give it back 6 to you when I go home, probably around 10:00. A 7 lot of people don't want to stay with me until 8 10:00. So that's one thing. Also, as Chairman 9 of the Board I have the right to you take the 10 cases in any way I want to take them, first, 11 second, third. 12 Do I have a motion to accept the 13 minutes of the last meeting? Mr. Landi? 14 MR. LANDI: Just a few minor 15 corrections. Page 7, Line 24, after the word 16 area delete, y-e-a-h. Page 23, line 10, the 9 17 should read, time, delete the 9. Page 24, line 18 25 word has, should read is. Page 24, line 25 19 delete the first done. Thank you. 20 THE CHAIRMAN: Do I have a second 21 on the motion? 22 MR. BURKE: Second. 23 THE CHAIRMAN: As amended. On the 24 motion, Mr. Landi? 25 MR. LANDI: For the motion. Page 5 1 Proceedings 5 2 THE CHAIRMAN: Mr. Blanchard? 3 MR. BLANCHARD: For the motion. 4 THE CHAIRMAN: Mrs. Little? 5 MS. LITTLE: For the motion. 6 THE CHAIRMAN: Mr. Singh? 7 MR. SINGH: For the motion. 8 THE CHAIRMAN: Mr. Burke? 9 MR. BURKE: For the motion. 10 THE CHAIRMAN: The Chairman votes 11 for the motion. Motion carried 6-1 absent. We 12 have one decision here tonight we're going make 13 that decision right now, case 5240, 17 Sunnybrook 14 Road. Do I have a motion, please? 15 MR. LANDI: Mr. Chairman? 16 THE CHAIRMAN: Mr. Landi? Is 17 there anybody here tonight on this case who wants 18 to sit up a little closer. Go ahead, Mr. Landi. 19 MR. LANDI: Case number 5240, 20 area variance, Andrew Romano, Esquire on behalf 21 of Sandra Raymond, owner, to construct a second 22 story on an existing one story, one family 23 dwelling. Having insufficient side yard, section 24 43-27, Table 43-3, required 20 foot and 40 foot, 25 proposed 12.71 feet, total 27.86 feet. Exceeding Page 6 1 Proceedings 6 2 maximum side wall articulation unbroken plane, 3 required 30 feet, proposed 32.2 feet. Section 4 43-34.H.C. Encroachment into the inwardly 5 sloping side setback plane, Section 43-34.H.A. on 6 premises knowing as 17 Sunnybrook Road, Block 7 5398, lot 24, zone S-200. 8 The premises is a legal one 9 family dwelling in an S-200 district zone that 10 the applicant has owned since 2000. A 11 Certificate of Occupancy was issued on April 12 22nd, 1966 for one family dwelling with two car 13 garage conforming to the then S-100 district 14 zone. The area was rezoned in 1968. 15 I make a motion to approve the 16 request for area variance subject to conditions 17 based on facts, findings, information and 18 testimony presented to this Board at the public 19 hearing, site visits by members of the Zoning 20 Board or otherwise obtained. 21 In making this 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 7 1 Proceedings 7 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 Based on the submitted survey 10 dated May 20, 2010 the footprint of the existing 11 structure will remain the same. An undesirable 12 change will not be produced in the character of 13 the neighborhood or detriment to nearby 14 properties by granting the requested area 15 variance. As testified, the surrounding area 16 consists of mainly single family, two story 17 dwellings, including one two story dwelling to 18 the immediate south and one two story to the 19 immediate north, and one more two story dwelling 20 on Rockledge Road, and apartment houses to the 21 north on Rockledge and Sunnybrook Road, and two 22 story one family dwelling across the street. 23 Two, whether the benefit sought 24 by the applicant or owner can be achieved by some 25 other method feasible for the applicant or owner Page 8 1 Proceedings 8 2 to pursue other than an area variance. 3 The benefit sought cannot be 4 achieved without obtaining additional adjacent 5 property which is not available at present time. 6 There is not another feasible method for the 7 owner to pursue other than an area variance due 8 to the existing dwelling location and 9 considerable rise in topography toward the rear 10 of the property. 11 Three, whether the requested area 12 variance it substantial. Based on utilization of 13 existing footprint the existing structure is 14 12.71 and 15.15 feet from the adjoining property 15 line and 32.2 feet in length. Constructing a 16 second story will not alter the existing 17 footprint and comply with Section 43.34.H.C. The 18 requested area variance is not substantial. 19 Four, whether the proposed 20 variance will have an adverse effect on the 21 physical or environmental conditions of the 22 neighborhood or district. 23 The proposed second story 24 addition height will be conforming to the 25 existing codes thereby mitigating visual, air and Page 9 1 Proceedings 9 2 light to the adjoining properties. Sewer, water 3 and utilities exist in the area. Granting the 4 requested area variance will not have an adverse 5 effect on the physical or environmental 6 conditions of the neighborhood. 7 The Traffic Engineer's report 8 indicates requested variances will have no effect 9 on traffic and parking conditions in the 10 neighborhood. 11 Five, whether the alleged 12 difficulty was self-created. The alleged 13 difficulty was self-created which consideration 14 is relevant to the decision but shall not be 15 necessary for approving the granting of the area 16 variance subject to conditions. 17 The Board grants the requested 18 variances based on the latest plans and surveys 19 submitted to the ZBA and subject to the following 20 conditions: 21 One, the applicant and/or 22 property owner shall provide to this Board within 23 45 days from September 28, 2010 a certified 24 affidavit that all real estate taxes due have 25 been paid to date and whether any certiorari Page 10 1 Proceedings 10 2 proceedings are underway. 3 Two, the applicant and/or 4 property owner shall apply for building permit 5 and pay all appropriate fines and fees to the 6 Department of Housing and Buildings, City of 7 Yonkers within 60 days from September 28, 2010. 8 Three, fire, smoke and carbon 9 monoxide detectors shall be installed hard wired 10 throughout the dwelling and shall be connected to 11 an outside independent 24 hour monitoring 12 service.