Page 1 1 2 STATE OF NEW YORK CITY OF YONKERS 3 -----------------------------------------------X 4 Minutes of The City of Yonkers Zoning Board 5 May 19, 2020 - 5:30 p.m. Meeting held via Webex Video Conferencing 6 -----------------------------------------------X 7 8 B E F O R E: 9 JOSEPH CIANCIULLI, Chairman 10 HARRY SINGH, Member JEFFREY LANDSMAN, Member 11 HECTOR LOPEZ, Member (Not Present) VINCENT GIORGIO, Member 12 DIANE PEARSON, Member WILSON KIMBALL, Member 13 14 P R E S E N T: 15 FRANK LONGOBARDO, Building Department 16 ALAIN NATCHEV, Assistant Corporation Counsel 17 LEE ELLMAN, Planning 18 19 20 21 22 23 24 25 Diamond Reporting 877.624.3287 A Veritext Company www.veritext.com Page 2 1 PROCEEDINGS 2 INDEX 3 DECISIONS 4 #5686: James Dibbini, 2-10 Tuckahoe Rd. 7 5 6 #5677: James Veneruso, 775 Saw Mill River Rd. 14 7 8 CONTINUED HEARINGS (None) 9 #5688: Matthew Calvi, Esq., 31 Harding Ave. 20 10 11 #5689: Andrew Romano, Esq., 41 Woodycrest Ave.20 12 13 #5690: Andrew Romano, Esq., 125 Orchard St. 46 14 15 #5692: Steven Accinelli, Esq., 1097 N. Broadway 16 58 17 18 #5693: William Null, Esq., 15 Parkview Ave. 19 100 20 21 #5695: Andrew Romano, Esq., 45 Woodycrest Ave. 22 20 23 24 #5696: S. Veneruso, 470 Nepperhan Ave. 25 25 Diamond Reporting 877.624.3287 A Veritext Company www.veritext.com Page 3 1 PROCEEDINGS 2 #5697, #5698, #5699: Steven Accinelli, Esq., 3 Point & Ravine Avenues (Adjourned) 24 4 5 6 NEW HEARINGS 7 8 #5700: Andrew Romano, Esq., 50 Bainton St. 146 9 10 #5701: Andrew Romano, Esq., 1809 Central Park 11 Ave. 164 12 13 #5702: James Dibbini, Esq., 868 Midland Ave. 172 14 15 #5703: James Dibbini, Esq., 111 Glover Ave. 179 16 17 18 19 20 21 22 23 24 25 Diamond Reporting 877.624.3287 A Veritext Company www.veritext.com Page 4 1 PROCEEDINGS 2 THE CHAIRMAN: Ladies and 3 gentlemen, the May 19, 2020 Zoning 4 Board of Appeals public hearing is now 5 in session. Would the members 6 introduce themselves starting with miss 7 appears son. 8 MS. PEARSON: Diane Pearson. 9 THE CHAIRMAN: Ms. Kimball. 10 MS. KIMBALL: Wilson Kimball, 11 present, Mr. Chairman. 12 THE CHAIRMAN: Identify yourself, 13 please. 14 MR. KUNTZ: She did. 15 THE CHAIRMAN: Mr. Giorgio. 16 MR. GIORGIO: Vincent Giorgio. 17 THE CHAIRMAN: Mr. Landsman. 18 MR. LANDSMAN: Jeffrey Landsman. 19 THE CHAIRMAN: Mr. Singh. 20 MR. SINGH: Harry Singh. 21 THE CHAIRMAN: And Mr. Lopez is 22 going to be in in a couple of minutes. 23 My name is Joseph Cianciulli. I am 24 Chairman of the Board. 25 I would like to welcome Ms. Wilson Diamond Reporting 877.624.3287 A Veritext Company www.veritext.com Page 5 1 PROCEEDINGS 2 Kimball. She is the newest member of 3 the Board. She was sworn in by the 4 Mayor. We welcome her with open arms. 5 I have had some discussions with her 6 over the last couple of days, so I 7 would like to welcome Ms. Kimball. 8 MS. KIMBALL: Thank you, Mr. 9 Chairman. 10 THE CHAIRMAN: Ladies and 11 gentlemen in the audience, try to 12 refrain from noise a little bit, 13 please. It is very difficult. This is 14 the fourth one we have had and they are 15 getting better and better, believe me. 16 I would like to say that it is going 17 very good. 18 I am going to make a motion to 19 accept the minutes of the April 21st 20 and May 7th hearings. Do I have a 21 second? 22 MR. GIORGIO: Second. 23 THE CHAIRMAN: Everybody in favor 24 say aye. 25 (A chorus of ayes.) Diamond Reporting 877.624.3287 A Veritext Company www.veritext.com Page 6 1 PROCEEDINGS 2 THE CHAIRMAN: Any opposed? The 3 motion is carried. One is going to be 4 here, like we said. 5 We are going to have the Pledge of 6 Allegiance led by Mr. Landsman. Mr. 7 Landsman. 8 (Pledge of Allegiance.) 9 THE CHAIRMAN: Thank you. Okay. 10 Also with us is Mr. Alain Natchev, the 11 attorney that represents the Board. 12 Also with us is the Director of 13 Planning, Mr. Lee Ellman, and also with 14 us is Frank Longobardo. He is 15 representing the Building Department 16 tonight. 17 Now, we have two decisions. One 18 decision is going to be_-- first off I 19 am going to do say case number 5660 20 5661 and 5682, we are going to make a 21 motion to put those cases over. Case 22 5682 is 161 Bennett Avenue. 23 Mr. Longobardo, would you please 24 relate to Shannon McGovern in the 25 morning that we are still waiting for Diamond Reporting 877.624.3287 A Veritext Company www.veritext.com Page 7 1 PROCEEDINGS 2 information for 161 Bennett Avenue, 3 okay? 4 MR. LONGOBARDO: Yes, Mr. 5 Chairman. 6 THE CHAIRMAN: So these are 7 decisions for tonight. Now we are 8 going to have continued hearings. 9 On case number 5686, it is over on 10 2-10 Tuckahoe Road. Do I have a 11 decision on that, please. 12 MR. LANDSMAN: Yes, Mr. Chairman. 13 The subject property is on the 14 south side of Tuckahoe Road just east 15 of Rossiter Ave. It's surrounded by 16 other similar retail stores. 17 I make a motion to approve the 18 requested use variance based on facts, 19 findings, information, and testimony 20 presented to this Board at the public 21 hearing, site visits by members of the 22 Zoning Board of Appeals or otherwise 23 obtained. 24 In making its decision, the Board 25 has considered the following points of Diamond Reporting 877.624.3287 A Veritext Company www.veritext.com Page 8 1 PROCEEDINGS 2 law: 3 1. Whether the requested variance, 4 if granted, alters the essential 5 character of the neighborhood. 6 Based on review of the submitted 7 materials and numerous site visits to 8 the property, the Board finds that the 9 proposed use has no potential to 10 adversely impact the surrounding 11 neighborhood. 12 2. Whether the alleged hardship is 13 self-created. The Board believes the 14 alleged hardship is not self-created. 15 The applicant had advertised for a 16 confirming use tenant for a substantial 17 period time, without success. 18 As stated by James Dibbini, Esq., 19 at the Feb 18th 2020 hearing, the 20 widening of Tuckahoe Road caused the 21 lack of convenient parking and made 22 renting this location less desirable. 23 3. Whether the applicant can 24 realize a reasonable rate of return, 25 provided that lack of return is Diamond Reporting 877.624.3287 A Veritext Company www.veritext.com Page 9 1 PROCEEDINGS 2 substantial, as demonstrated by 3 competent financial evidence. 4 In order to be granted a use 5 variance, the applicant must prove that 6 he or she cannot realize a reasonable 7 rate of return from each of the uses 8 permitted in the zoning district, 9 including any existing non-conforming 10 uses. 11 The Board finds that the evidence 12 submitted in support of this 13 application proves that a reasonable 14 rate of return cannot be achieved for 15 each permitted use in the zone. 16 The applicant's attorney, James 17 Dibbini, Esq., submitted a letter to 18 this Board on Feb 14th, 2020 From 19 Damico Real Estate Group stating that 20 they have marketed the store for 12 21 months. 22 According to the agent, lack of 23 parking and foot traffic have made the 24 storefront a difficult spot to find a 25 tenant for. Also submitted to the Diamond Reporting 877.624.3287 A Veritext Company www.veritext.com Page 10 1 PROCEEDINGS 2 Board by James Dibbini, Esq., is the 3 Schedule E Tax return from 2017 which 4 shows a financial loss for the year, 5 based on the vacancy of this rental 6 space. 7 4. Whether the alleged hardship is 8 unique or applies to a substantial 9 portion of the district. 10 The Board finds that there is 11 evidence that this particular property 12 suffers a singular disadvantage to an 13 extent that would justify a use 14 variance on the grounds of unnecessary 15 hardship. 16 The applicant submitted detailed 17 evidence, as referred to herein, which 18 spoke to the uniqueness of the alleged 19 hardship. However, there are 20 conditions that will need to be met for 21 the granting of the use variance. 22 Number One: All health, safety, 23 fire, building and environmental codes 24 shall be adhered to at all times by the 25 applicant and/or owner. Diamond Reporting 877.624.3287 A Veritext Company www.veritext.com Page 11 1 PROCEEDINGS 2 Number Two: Should the applicant 3 and/or property owner not comply with, 4 breach or violate any of these 5 conditions at any time, the area 6 variance is hereby rescinded and the 7 Zoning Board authorizes the City of 8 Yonkers Department of Housing and 9 Buildings to take appropriate action. 10 Number Three: All expenses 11 associated with these conditions shall 12 be the responsibility of the applicant 13 and/or owner. 14 Number Four: Fire, smoke and 15 carbon monoxide detectors shall be 16 installed and hard wired throughout the 17 store. 18 Number Five: That only one 19 business shall operate from this 20 storefront.