UPDATED Yorktown Zoning Board of Appeals Agenda – May 23, 2013

TOWN OF YORKTOWN
ZONING BOARD OF APPEALS
May 23, 2013
6:30 p.m.

ADDED AGENDA

McCAULEY, BRIAN & CAROL #31/13
Property Address: 2617 Broadview Drive
Section 27.14, Block 2, Lot 31

Application for a renewal special use permit for an accessory apartment at 2617 Broadview Drive, Yorktown Heights, NY; a/k/a Section 27.14, Block 2, Lot 31 on the Tax Map of the Town of Yorktown.

SHERMAN, ROBERT #32/13
Property Address: 1145 Glen Road
Section 16.10, Block 1, Lot 8

Application for a renewal special use permit for an accessory apartment at 1145 Glen Road, Yorktown Heights, NY; a/k/a Section 16.10, Block 1, Lot 8 on the Tax Map of the Town of Yorktown.

MARICCO, MARK #28/13
Property Address: 3886 Indian Hill Road
Section 5.20, Block 1, Lot 9.1

Application for a variance for a standby-generator to have a side yard setback 15’ where a minimum of 30’ is required and a combined side yard setback of 70.77’ where a minimum of 80’ is required as per section 300-21 and Appendix A of the Town Zoning Code. This property is located in a R1-160 zone and is located at 3886 Indian Hill Road, Shrub Oak, NY; a/k/a Section 5.20, Block 1, Lot 9.1 on the Tax Map of the Town of Yorktown.

CULLEN, FRANK #33/13
Property Address: 1874 Glen Rock Street
Section: 37.18, Block, 1, Lot 1

This is an application for a renewal of a special use permit for the operation of a professional office for the practice of law in his home. The property is located in a R1-40 zone and is located at 1874 Glen Rock Street, Yorktown Heights, NY; a/k/a Section 37.18, Block 1, Lot 1 on the Tax Map of the Town of Yorktown.

ROMANO, FRED & GLORIANNE #34/13
Property Address: 3176 Arbour Lane
Section: 16.20, Block 1, Lot 30

This is an application for a side yard variance of 6.8 feet for an existing shed and a height variance of 2 feet for an existing fence within the front yard. Both structures are pre-existing with a C.O. issued at the time of completion. The shed is in place at 3.2 feet from the property line and fence is currently 6 feet high. The property is located in a R1-20 zone and is located at 3176 Arbour Lane, Yorktown Heights, NY; a/k/a Section 16.20, Block 1, Lot 30.

KOBLICK, ALAN & BEVERLY #35/13
Property Address: 3630 Curry Street
Section: 17.6, Block 2, Lot 44

This is an application for a side yard variance of 9 feet for an existing deck where 15 feet is required per 300-21 and appendix A of the Town of Yorktown zoning code. The property is located in a R1-20 zone and is located at 3630 Curry Street, Yorktown Heights, NY; a/k/a Section 17.6, Block 2, Lot 44.

INNERFIELD, ROXANNE #36/13
Property Address: 800 Granite Springs Road
Section: 27.17, Block 1, Lot 10

This is an application for a renewal of a special use permit to convert a residential swelling into a limited office use pursuant to Section 300-51 of the Yorktown Code, originally under the name of Bernardi. The property is located in a R1-20 zone and is located at 800 Granite Springs Road, Yorktown Heights, NY; a/k/a Section 27.17, Block
1, Lot 10 on the Tax Map of the Town of Yorktown.

BENDAVID, AVI & MARSHA #37/13
Property Address: 3083 High Street
Section: 25.12, Block 2, Lot 22

This is an application for a zoning variance for a set back of an existing 8×8 shed. The shed has a side yard setback of 7 feet where 15 feet is required and a combined side yard setback of 27.55 feet where 40 feet is required per Section 300-21 and Appendix A of the Town of Yorktown Zoning Code. The property is located in a R1-20 zone and is located at 3083 High Street, Yorktown Heights, NY; a/k/a Section 25.12, Block 2, Lot 22.

PILLAI, SIVA #38/13
Property Address: 3786 Indian Hill Road
Section: 5.20, Block 1, Lot 3

This is an application for a zoning variance for a front yard canopy over a front entrance and gazebo on the south side of house. The proposed additions will have a front yard setback of 12 feet and 6 feet where 75 feet is required in an R1-160 zone as per Sect. 300-21 and Appendix A of the Yorktown Zoning Code. The property is located at 3786 Indian Hill Road, Shrub Oak, NY; a/k/a Section 5.20, Block 1, Lot 3.

O’NEILL, DOMENIC #39/13
Property Address: 2038 Saw Mill River Road
Section: 37.14, Block 2, Lot 33

This is an application for a zoning variance for new canopies on an existing building in front yard (with parking) of 24.06 feet where a minimum of 75 feet is required and a side yard (without parking) of 19.08 feet where a minimum 30 feet is required in a C-3 zone. The property is located 2038 Saw Mill River Road, Yorktown Heights, NY; a/k/a Section 37.14, Block 2, Lot 33.

NEW CHALET APTS., INC. #40/13
Property Address: 209 New Chalet Drive
Section: 15.20, Block 1, Lot 28

This is an application for a zoning variance for a stone sign height of 8’4” where 6’ is allowed and for a total of all three signs’ square footage is 29.7 square feet where 16 square feet is permitted in a R-3 zone. The property is located at 209 New Chalet Drive, Mohegan Lake, NY; a/k/a Section 15.50, Block 1, Lot 28.

FAITIH BIBLE CHURCH, INC. #41/13
Property Address: 3500 Mohegan Avenue
Section: 15.16, Block 2, Lots 9, 10, 50, 53 & 54

This is an application for a variance to allow off site parking which is 909 feet distant from the proposed church were Section 300-183(A) of the Code allows for a distance of 500 feet. An interpretation of Section 300-183(B) of the Code to determine whether a house of worship or church is one of the “residential uses” exempted by said Section of the Code from the front yard parking prohibition; and if the house of worship use is determined not to be one of the “residential uses,” a variance is requested to permit parking for four vehicles in the front yard and parking in the side and rear yards within two (2’) feet of the property line where five (5’) feet is required, all within the R1-10 zoning district. Variances for a front yard building set back having 51.9 feet where 55 feet and a side yard of 45.3 feet where 55 feet is required, all set backs being measured from the center of the roadways abutting premises. Variances previously granted by ZBA on December 8, 2011 included one for the front yard building set back measured from property line. An interpretation of the applicability of Section 300-21C(1)(b)[4] as it related to the use of the premises as a house of worship prior to the enactment of the subchapter reclassifying the house of worship use from main use to main use with special permit.

ADJOURNED AGENDA

WALTERS, MINDY & CRIS #43/12
Property Address: 1626 Mogul Drive
Section 25.12, Block 2, Lot 82

Application for a variance to construct an addition to an existing 2-family dwelling in an R1-20 zone. A 2-family dwelling is not permitted in an R1 district. Section 300-172(A) prohibits the enlargement of a non-conforming use. Premises is located at 1626 Mogul Drive, Mohegan Lake, NY; a/k/a Section 25.12, Block 2, Lot 82 on the Tax Map of the Town of Yorktown.

COMPETITION CARTING #18/13
Property Address: Front Street
Section 37.19, Block 1, Lot 2

Application for a special use permit for exterior storage to store garbage trucks and related equipment. Premises is in an I-2 zone and is located on Front Street, Yorktown Heights, NY; a/k/a Section 37.19, Block 1, Lot 2 on the Tax Map of the Town of Yorktown.

NOTICE IS HEREBY GIVEN that a public hearing will be held by the Zoning Board of Appeals of the Town of Yorktown on Thursday, May 23, 2013, at 6:30 P.M. or as soon thereafter as is practicable in the Town Board Room, Town Hall, 363 Underhill Avenue, Yorktown Heights, New York as follows:

SALERNO, CAMILLE #19/13
Property Address: 681 Viewland Drive
Section 7.09, Block 1, Lot 30

Application for a special use permit for an accessory apartment at 681 Viewland Drive, Yorktown Heights, NY; a/k/a Section 37.09, Block 1, Lot 30 on the Tax Map of the Town of Yorktown.

MENDOZA, EVELYN #25/13
Property Address: 1824 Hanover Street
Section 37.19, Block 13, Lot 32

Application for a renewal special use permit for an accessory apartment at 1824 Hanover Street, Yorktown Heights, NY; a/k/a Section 37.19, Block 13, Lot 32 on the Tax Map of the Town of Yorktown.

YESHIVA KEHILATH YAKOV #26/13
Property: 340 Illington Road
Section 69.7, Block 1, Lot 8

Application for a Special Use Permit pursuant to Zoning Code Section 300-55 and to construct a new 2 story one family dwelling to replace the damaged one due to a fire. This property is located in a R1-80 zone and is located at 340 Illington Road, Ossining, NY; a/k/a Section 69.7, Block 1, Lot 8 on the Tax Map of the Town of Yorktown.

I.B.M. (SPRINT) #27/13
Property Address: 1101 Kitchawan Road
Section 69.16, Block 1, Lot 1

Application for a Special Use Permit to modify an existing wireless telecommunications facility. This property is located at 1101 Kitchawan Road, Ossining, NY; a/k/a Section 69.16, Block 1, Lot 1 on the Tax Map of the Town of Yorktown.

CREATIVE LIVING, INC. 00# 29/13
Property Address: 3000 Navajo Street
Section 6.14, Block 1, Lot 2

This is an application for a variance for the erection of an air structure with an overall height of 82 feet and a mean height of 41 feet where a maximum of 35 feet is permitted. It will also have a side yard setback of 25 feet where a minimum of 30 feet is required and a fire separation between the dome and the dugout on the south field of 3 feet where 30 feet +/- is required. This property is located in a R1-80 zone and is located at 3000 Navajo Street in the Town of Yorktown, NY a/k/a Section 6.14, Block 1, Lot 2 on the Tax Map of the Town of Yorktown.

LEONARDI, LOUIS # 30/13
Property Address: 1552 Wenonah Trail
Section 25.08, Block 2, Lot 57

This is an application for a variance for the erection of a single family dwelling on a lot area of 6795.36 feet where 20,000 feet is required and road frontage of 0 feet where 80 feet is required per Section 300-21 and appendix A of the Yorktown Zoning Code. This property is located in a R1-10 zone and is located at 1552 Wenonah Trail, Mohegan Lake, NY a/k/a Section 25.08, Block 2, Lot 57 in the Tax Map of the Town of Yorktown.

BY ORDER OF THE ZONING BOARD OF APPEALS OF THE TOWN OF YORKTOWN, NEW YORK, GORDON B. FINE, CHAIRMAN

Bazzo 05/23/13

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