Zoning Board of Appeals

Thursday, September 26, 2013 - 6:30pm to 9:25pm


ADDED AGENDA

 

#47/12
Property Address: 3950 Crompond Road
Section 35.08, Block 1, Lot 1

Request for a second extension of one year to fulfill a condition of the decision of the Zoning Board dated September 22, 2011 and filed in the Town Clerk’s Office on November 9, 2011.  The condition for the approval was a requirement that the applicant obtain a certificate of occupancy from the Building Department.  There are issues involving the Building Code and the Health Department and the applicant has not yet obtained the Certificate.  Premises is in an R-3 zone and is located at 3950 Crompond Road, Yorktown Heights, NY; a/k/a Section 35.08, Block 1, Lot 1 on the Tax Map of the Town of Yorktown.

 

#22/11
Property Address: 1401 Front Street
Section 48.11, Block 1, Lot 52 &
Section 48.07, Block 1, Lot 56

Request for an extension as set forth in Zoning Code Section 300-32 for the completion of improvements for the special permit issued on August 22, 2011 for a wireless telecommunications facility.  On January 26, 2012, the Board granted an eight-month extension expiring September 26, 2013 and on September 27, 2012, the Board granted a one-year extension expiring September 27, 2013.  Also to request that the special permit be amended to differentiate between Homeland Towers and T-Mobile with Verizon Wireless’ pending co-location application for the purposes of Section 330-32 of the Zoning Code.  Premises is located in an I-2 zone and is located at 1401 Front Street, Yorktown Heights, NY; a/k/a Section 48.11, Block 1, Lot 52 and Section 48.07, Block 1, Lot 56 on the Tax Map of the Town of Yorktown. 

 

#64/13
Property Address: 1822 Morris Lane
Section 25.16, Block 1, Lot 5

Application for a renewal of a special use permit for an accessory apartment at 1822 Morris Lane, Mohegan Lake, NY a/k/a Section 25.16, Block 1, Lot 5 on the Tax Map of the Town of Yorktown.

 

#65/13
Property Address:     300 Richard Place
Section 37.19, Block 1, Lot 2
Section 37.19, Block 1, Lot 91
Section 48.07, Block 1, Lot 9
Section 48.07, Block 1, Lot 57

Application for a special use permit to park garbage trucks and related equipment at site.  The applicant also proposes a temporary office trailer on the property.  Premises is located in an I-2 zone and is located at 300 Richard Place, Yorktown Heights, NY; a/k/a Section 37.19, Block 1, Lot 2, Section 37.19, Block 1, Lot 91, Section 48.07, Block 1, Lot 9, Section 48.07, Block 1, Lot 57 on the Tax Map of the Town of Yorktown.

 

#66/13
Property Address: 2431 Bunny Lane
Section 36.6, Block 1, Lot 5

Application for a variance to allow an air conditioning compressor to have a combined side yard setback of 33.6 feet where a minimum of 40 feet is required as per Section 300-21 and Appendix A of the Town Zoning Code.  Premises is in an R1-20 district and is located at 2431 Bunny Lane, Yorktown Heights, NY; a/k/a Section 36.6, Block 1, Lot 5 on the Tax Map of the Town of Yorktown.

 

#67/13
Property address: 1965 Commerce Street
Section 37.14, Block 2, Lot 64

Application for a variance for two signs with a total square footage of 54.5 square feet where a maximum of 23 square feet is permitted per #11 of Appendix D, Chapter 300 of the Town Zoning Code.  This is replacing two existing signs.  Premises is in an C-2R zone and is located at 1965 Commerce Street, Yorktown Heights, NY; a/k/a Section 37.14, Block 2, Lot 64 on the Tax Map of the Town of Yorktown.

 

#68/13
Property Address: 3564 Kamhi Drive
Section 16.15, Block 1, Lot 7

Application for a variance to allow a new l.p. tank and an existing air conditioning compressor to have a combined side yard setback of 33 feet 11 inches where a minimum of 40 feet is required as per Section 300-21(A), 300, 13(G) and Appendix A of the Town Zoning Code.  Property is in an R1-20 zone and is located at 3564 Kamhi Drive, Yorktown Heights, NY; a/k/a Section 16.15, Block 1, Lot 7 on the Tax Map of the Town of Yorktown.

 

#69/13
Property Address: 303, 415 and 431 East Main Street
Section 6.17, Block 1, Lots 43, 45 and 46

Application for a variance for a free standing sign where none is permitted in a Country Commercial Zone as per Section 300-244 of the Town Zoning Code.  The building also has a building length of 208 feet where a maximum of 100 feet is permitted as per Section 300(E) and parking spaces in the front yard with a setback of 10 feet where a minimum of 30 feet is required as per Section 300-241(F)(1) and 300-246(A) of the Town Zoning Code.  Premises is in a CC zone and is located at 393, 415 and 431 East Main Street, Jefferson Valley, NY; a/k/a Section 6.17, Block 1, Lots 43, 45 and 46 on the Tax Map of the Town of Yorktown.

 

#70/13
Property Address: 865 Holyoke Road
Section 16.19, Block 1, Lot 32

Application for a variance for an addition with a front yard setback of 38.67 feet where a minimum of 40 feet is required and a side yard setback of 36.88 feet where a minimum of 40 feet is required as per Section 300-21, 300-13(G) and Appendix A of the Town Zoning Code.  Premises is in an R1-20 zone and is located at 865 Holyoke Road, Yorktown Heights, NY; a/k/a Section 16.19, Block 1, Lot 32 on the Tax Map of the Town of Yorktown.

 

#71/13
Property Address: 3091 Chen Court
Section 26.8, Block 2, Lot 28

Application for a variance for an 8’ x 10’ shed, located in the rear yard, to have a side yard setback of 1 foot where a minimum of 10 feet is required as per Appendix A of the Town Zoning Code.  Premises is in an R1-20 zone and is located at 3091 Chen Court, Yorktown Heights, NY; a/k/a Section 26.8, Block 2, Lot 28 on the Tax Map of the Town of Yorktown.

 

#72/13
Property Address: 1714 Morningview Drive
Section 48.5, Block 1, Lot 21

Application for a variance to construct stairs and a landing to an existing deck with a front yard setback of 48.7 feet where a minimum of 50 feet is required as per Section 300-21 and Appendix A of the Town Zoning Code.  Premises is in an R1-40 zone and is located at 1714 Morningview Drive, Yorktown Heights, NY; a/k/a Section 48.5, Block 1, Lot 21 on the Tax Map of the Town of Yorktown.

 

ADJOURNED AGENDA
 

#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 and install solar array.  This property is located in a R1-200 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.

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

MAILINGS NOT DONE.  ADJOURNED TO OCTOBER PUBLIC HEARING.  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. 

 

NOTICE IS HEREBY GIVEN that a public hearing will be held by the Zoning Board of Appeals of the Town of Yorktown on Thursday, September 26, 2013, 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:

 

#48/13
Property Address: 453 Bonnie Court
Section 17.17, Block 3, Lot 10

 

ADJOURNED TO OCTOBER PUBLIC HEARING.  Application for a variance for a garage addition changing existing one-car garage to create two-car garage.  Proposed addition side yard would be 10.7 feet where 20 feet is required and combined side yards would be 30.7 feet where 50 feet is required.  The premises is in an R1-20 Zone and is located at 453 Bonnie Court in Yorktown Heights, NY a/k/a Section 17.17, Block 3 and Lot 10 on the Tax Map of the Town of Yorktown.

 

#51/13
Property Address: 2425 Saw Mill River Road
Section 37.11, Block 1, Lot 53

Application for a zoning variance to allow an existing garage to have a side yard of 4 feet where 20 feet is required and the lot having frontage and lot width of 125 feet where 150 feet is required in R1-40 zone.  The premises is in an R1-40 Zone and is located at 2425 Saw Mill River Road, Yorktown Heights, NY; a/k/a/ Section 37.11, Block 1, Lot 29 on the Tax Map of the Town of Yorktown.

 

#53/13
Property:  684 Toni Court
Section 26.16 Block 3, Lot 28

Application for a special use permit for a renewal of an accessory apartment.  The property is located in an R-120 zoning district and is located at 684 Toni Court, Yorktown Heights, NY a/k/a Section: 26.16. Block 3, Lot 28 on the Tax Map in the town of Yorktown.

 

#54/13
Property: 580 Madison Court
(formerly known as 2367 Crompond Road)
Section 37.9, Block 1, Lot 23

Application for a special use permit for an accessory apartment.  The property is located at 2367 Crompond Road, Yorktown Heights, NY a/k/a Section: 37.9, Block 1, Lot 23 on the Tax Map in the Town of Yorktown. 

 

#55/13
Property: 2896 Sherman Court
Section 25.16, Block 1, Lot 22

Application for special use permit for a renewal of an accessory apartment.  The property is located at 2896 Sherman Court, Mohegan Lake, NY a/k/a Section 25.16, Block 1, Lot 22 on the Tax Map in the Town of Yorktown. 

 

#56/13
Property: 1386 Edcris Road
Section 36.10, Block 2, Lot 29

Application for a zoning variance for an existing shed that has a side yard setback of 8’10” where 10’ is required as per 300-21D Appendix A of the Town of Yorktown.  The property is located in a R1-20 zone and is located at 1386 Edcris Road, Yorktown Heights, NY a/k/a Section 36.10, Block 2, Lot 29 on the Tax Map of the Town of Yorktown. 

 

#57/13
Property: 1440 Trout Brook Road
Section 48.14, Block 1, Lot 47

Application for a zoning variance for a proposed addition with a setback of 11’9 where Countryside requires 13’6”.  The property is located in a R1-20 zone and is located at 1440 Trout Brook Road, Yorktown Heights, NY a/k/a Section 48.14, Block 1, Lot 47 on the Tax Map of the Town Yorktown.

 

#58/13
Property:  2226 Crompond Road
Section 37.9, Block 1, Lot 66

Application for a special use permit for a renewal of an accessory apartment.  The property is located at 2226 Crompond Road, Yorktown Heights, NY a/k/a Section 37.9, Block 1, Lot 66 on the Tax Map of the Town of Yorktown.

 

#59/13
Property: 2090 Crompond Road
Section 37.14, Block 2, Lot 8

Application for the renewal of a special use permit to operate a nursery school.  The property is located at 2090 Crompond Road, Yorktown Heights, NY a/k/a Section 37.14, Block 2, Lot 8 on the Tax Map of Yorktown. 

 

#60/13
Property: 137 Moseman Avenue
Section 48.7, Block 2, Lot 72

Application for a special use permit for multipurpose rooms in the lower level and for variances of Section 300-55 standards for the existing school buildings as follows:  playground distant 30 feet from property line where 100 feet is required; school building 38 feet from street line where 100 feet is required; school building 24.16 feet from property line where 200 feet is needed; the distance between Building A to the Auditorium is 24 feet where 32 feet is required; the distance between Building B to the Auditorium is 19 feet where 40 feet is required; and the distance between the Shed to the Auditorium is 15 feet where 32 feet is required.  The property is located at 137 Moseman Avenue, Yorktown Heights, NY a/k/a Section:  48.7, Block 2, Lot 72 on the Tax Map of Yorktown. 

 

#61/13
Property: 1355 Croton Lake Road
Section 47.18, Block 1, Lot 35

Application for a zoning variance for a proposed deck that has a combined side yard set back of 62’7” where 80’ is required.  The property is located in a R1-80 zone and is located at 1355 Croton Lake Road, Yorktown, NY a/k/a Section 47.18, Block 1, Lot 35 in the Tax Map of Yorktown. 

 

#62/13
Property: 161 Underhill Avenue
Section 37.19, Block 2, Lot 71

Application for a zoning variance for a stoop with a front set back of 15’0” where 30’0” is required and an application for a variance for a proposed second floor addition with a 19’10” setback where a 30’0” setback is required.  The property is located in a R1-10 zone and is located at 161 Underhill Avenue, Yorktown Heights, NY a/k/a Section:  37.19, Block 2, Lot 71 in the Tax Map of Yorktown. 

 

#63/13
Property: 1491 Front Street
Section 48.11, Block 1, Lot 52 

Application for a special use permit for a co-location of a wireless telecommunications facility.  The property is located 1491 Front Street, Yorktown, NY a/k/a Section 48.11, Block 1, Lot 52 in the Tax Map of Yorktown. 

 

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

 

CLOSED & RESERVED

#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. 

 

ADDED DISCUSSION

 

#2/11
Property Address: 1696-1700 Route 6
Section 15.12, Block 1, Lots 12 & 14

REFERRED TO PLANNING BOARD – PUBLIC HEARING NOT OPENED.  Application for a special use permit pursuant to Section 300-68 of the Code of the Town of Yorktown to permit conversion of a dwelling built prior to January 1, 1930 to a hotel.  Premises is zoned R1-20 and is located at 1696-1700 Route 6, Mohegan Lake, NY; a/k/a Section 15.12, Block 1, Lots 12 & 14 on the Tax Map of the Town of Yorktown. 

Have not heard from applicant or their attorney since August 7, 2012 – see letter in file.