Zoning Board of Appeals

Thursday, October 24, 2013 - 6:30pm to 9:00pm


ADDED AGENDA

#73/13

Property Address:  1590 Westview Drive
Section 48.09, Block 1, Lot 17

Application for a renewal of a special use permit of an accessory apartment.  The property is located at 1590 Westview Drive, Yorktown Heights, NY a/k/a Section 48.09, Block 1, Lot 17 on the Tax Map of the Town of Yorktown.

 

#74/13
Property Address:  2441 Saw Mill River Road
Section 37.07, Block 1, Lot 30

Application for a special use permit to amend a planting plan issued under a special use permit and ZBA Decision #2/12.  The premises is zoned in an R1-80 and is located at 2441 Saw Mill River Road, Yorktown Heights, NY; a/k/a Section 37.07, Block 1, Lot 30 on the Tax Map of the Town of Yorktown.

 

#75/13
Property Address:  738 East Main Street
Section 16.07, Block 1, Lot 37

Application for a variance to construct a single family dwelling (group home) on a lot size of 66,713 s.f. where a minimum lot size of 160,000 s.f. is required and a proposed lot width of 187 feet where a minimum of 200 s.f. is required is required as per Appendix A, Residence Zone Standards.  The premises is in an R1-160 zone and is located at 738 East Main Street, Shrub Oak, NY; a/k/a Section 16.07, Block 1, Lot 30 on the Tax Map of the Town of Yorktown.

 

#76/13
Property Address:  2966 Crompond Road
Section 26.19, Block 1, Lot 31

Application for a variance for a 24 s.f. free standing sign where a maximum of 6 s.f. is permitted as per Section 300-54(c) of the Town Zoning Code.  The premises is in an R1-20 zone and is located at 2966 Crompond Road, Yorktown Heights, NY; a/k/a Section 26.19, Block 1, Lot 31 on the Tax Map of the Town of Yorktown.

 

#77/13
Property Address:  2846 Fox Hall Street
Section 26.16, Block 1, Lot 37

Application for a variance for an existing dwelling with a side yard setback of 14.5 feet where a minimum of 15 feet is required as per Section 300-21 and Appendix A of the Town Zoning Code.  It also needs a variance for not having off-street parking as required by Section 300-26(A) of the Town Zoning Code.  Premises is in an R1-20 zone and is located at 2846 Fox Hall Street, Mohegan Lake, NY; a/k/a Section 26.16, Block 1, Lot 37 on the Tax Map of the Town of Yorktown.

 

#78/13
Property Address:  1821 East Main Street
Section 15.16, Block 1, Lot 32

Application for a variance to place refrigeration equipment with a proposed side yard of 6 feet 9 inches where a minimum of 10 feet is required as per Appendix B of the Town Zoning Code.  Premises is in a C-2 zone and is located at 1821 East Main Street, Mohegan Lake, NY; a/k/a Section 15.16, Block 1, Lot 32 on the Tax Map of the Town of Yorktown.

 

#79/13
Property Address:  3000 Navajo Street
Section 6.14, Block 1, Lot 2

Application for a variance to allow two “greenhouse” style structures to become permanent structures without an indoor fire sprinkler system as required by Section 130-2 of the Town Code of Yorktown.  Premises is in an R1-80 zone and is located at 3000 Navajo Street, Jefferson Valley, NY; a/k/a Section 6.14, 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, October 24, 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:
 

#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. 

 

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

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.

 

#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.

 

#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.

 

#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 LaneSec
ion 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.

 

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.