Zoning Board of Appeals

Thursday, September 27, 2012 - 6:30pm


TOWN OF YORKTOWN
ZONING BOARD OF APPEALS
September 27, 2012

ADDED AGENDA

#49/12
Property Address: 3191 Poplar Street
Section 17.18, Block 3, Lot 32

Application for a renewal of a special use permit for an accessory apartment at 3191 Poplar Street, Yorktown Heights, NY; a/k/a Section 17.18, Block 3, Lot 32 on the Tax Map of the Town of Yorktown.

#50/12
Property Address: 1818 Amazon Road
Section 25.11, Block 1, Lot 5

Application for a renewal of a special use permit for an accessory apartment at 1818 Amazon Road, Mohegan Lake, NY; a/k/a Section 25.11, Block 1, Lot 5 on the Tax Map of the Town of Yorktown.

#51/12
Property Address: 810 Hanover Street
Section 59.11, Block 1, Lot 15

Application for a variance to permit a shed with a front yard setback of 41 feet where a minimum of 75 feet is required as per Section 300-21 and Appendix A of the Town of Yorktown Zoning Code. This property is located in an R1-80 zone and is located at 810 Hanover Street, Yorktown Heights, NY; a/k/a Section 59.11, Block 1, Lot 15 on the Tax Map of the Town of Yorktown.

#52/12
Property Address: 2269 Willoway Street
Section 37.7, Block 1, Lot 8

Application for a variance for the placement of an l.p. tank and standby generator with a side yard setback of 15 feet where a minimum of 30 feet is required in an R1-80 zone. Premises is located at 2269 Willoway Street, Yorktown Heights, NY; a/k/a Section 37.7, Block 1, Lot 8 on the Tax Map of the Town of Yorktown.

#53/12
Property Address: 322 Heather Court
Section 48.14, Block 2, Lot 8

Application for a variance for an l.p. tank to be placed 22 feet from a side lot line creating a combined side yard setback of 39.1 feet where a minimum of 50 feet is required in an R1-40 zone. Premises is located at 322 Heather Court, Yorktown Heights, NY; a/k/a Section 48.14, Block 2, Lot 8 on the Tax Map of the Town of Yorktown.

#54/12
Property Address: 2366 Granville Court
Section 36.7, Block 1, Lot 18

Application for a variance for an addition with a side yard setback of 13.37 feet where a minimum of 15 feet is required and a combined side yard setback of 33.1 feet where a minimum of 40 feet is required as per Section 300-21 and Appendix A of the Town of Yorktown Zoning Code. This property is located in an R1-20 zone and is located at 2366 Granville Court, Yorktown Heights, NY; a/k/a Section 36.7, Block 1, Lot 18 on the Tax Map of the Town of Yorktown.

#55/12
Property Address: 202 Illington Road
Section 69.12, Block 1, Lot 5

Application for a variance for a detached garage with a front yard setback of 21 feet 5 inches where a minimum of 75 feet is required as per Section 300-21(A) and Appendix A of the Town of Yorktown Zoning Code. The proposed garage will have a side yard setback of 57 feet where a minimum of 75 feet is required as per Section 300-21(A), 300-13(G) and Appendix A of the Town of Yorktown Zoning Code. This rejection is based on the assumption that lots 69.16-5-5, 69.16-1-4 and 69.16-1-3 will be merged with lot 69.12-1-5 to create a single lot. This property is located in an R1-80 zone and is located at 202 Illington Road, Ossining, NY; a/k/a Section 69.12, Block 1, Lot 5 on the Tax Map of the Town of Yorktown.

#56/12
Property Address: 3176 Arbor Lane
Section 16.20, Block 1, Lot 30

Application for a variance to construct a garage with a combined side yard setback of 33 feet where a minimum of 35 feet is required as per Section 300-21, 300-22 and Appendix A of the Town of Yorktown Zoning Code. This property is located in an R1-20 zone and is located at 3176 Arbor Lane, Yorktown Heights, NY; a/k/a Section 16.20, Block 1, Lot 30 on the Tax Map of the Town of Yorktown.

#57/12
Property Address: 1031 Dempster Road
Section 16.6, Block 2, Lot 54

Application for a variance for an addition with a side yard setback of 10 feet 8.75 inches where a minimum of 30 feet is required as per Section 300-21, 300-13(g) and Appendix A of the Town of Yorktown Zoning Code. This property is located in an R1-10 zone and is located at 1031 Dempster Road, Shrub Oak, NY; a/k/a Section 16.6, Block 2, Lot 54 on the Tax Map of the Town of Yorktown.

#58/12
Property Address: 2747 Windmill Drive
Section 27.10, Block 3, Lot 44

Application for a variance for the construction of a detached garage with a side yard setback of 10 feet where a minimum of 15 feet is required. The average height of the shed is also over the allowable 15 feet permitted by the Town of Yorktown Zoning Code Section 300-14. This property is located in an R1-20 zone and is located at 2747 Windmill Drive, Yorktown Heights, NY; a/k/a Section 27.10, Block 3, Lot 44 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

Homeland Towers, LLC & T-Mobile Northeast, LLC request an extension of the six-month period 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. An eight month extension was granted on January 26, 2012. 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.

ADJOURNED AGENDA

#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.

#39/12
Property Address: 1920 Maple Avenue
Section 37.15, Block 1, Lot 8

Request for an interpretation based on the issuance of a building permit by the Building Inspector for an enlargement of a single family house in an R-2 zone. Premises is located at 1920 Maple Court, Yorktown Heights, NY; a/k/a Section 37.15, Block 1, Lot 8 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 27, 2012, 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:

#40/12
Property Address: 1288 Judy Road
Section 16.17, Block 2, Lot 69

Application for a variance to allow a pool heater, pump and filter to have a rear yard setback of 2 feet where a minimum of 10 feet is required in an R1-20 zone. Premises is located at 1288 Judy Road, Mohegan Lake, NY; a/k/a Section 16.17, Block 2, Lot 69 on the Tax Map of the Town of Yorktown.

#41/12
Property Address: 3517 Kamhi Drive
Section 16.11, Block 3, Lot 45

Application for a variance to construct a deck with a side yard setback of 10.48 feet where a minimum of 15 feet is required and a combined side yard setback of 26.56 feet where a minimum of 40 feet is required in an R1-20 zone. Premises is located at 3517 Kamhi Drive, Yorktown Heights, NY; a/k/a Section 16.11, Block 3, Lot 45 on the Tax Map of the Town of Yorktown.

#42/12
Property Address: 2694 Farsund Ct.
Section 27.15, Block 1, Lot 60

Application for a variance to construct a rear addition with a setback of 20 feet where a minimum of 40 feet is required in an R1-20 zone. Premises is located at 2694 Farsund Court, Yorktown Heights, NY; a/k/a Section 27.15, Block 1, Lot 60 on the Tax Map of the Town of Yorktown.

#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.

#44/12
Property Address: Hollywood Street
Section 16.17, Block 4, Lot 14

Application for a variance to allow a lot with an area of 15,000 square feet where a minimum of 20,000 square feet is required as per Section 300-21 Appendix A of the Town Code. Premises is in an R1-20 zone and is located at Hollywood Street, Mohegan Lake, NY; a/k/a Section 16.17, Block 4, Lot 14 on the Tax Map of the Town of Yorktown.

#45/12
Property Address: 3234 Ronit Court
Section 16.20, Block 1, Lot 47

Application for a variance to allow an existing deck with a side yard setback of 35 feet where a minimum of 40 feet is required as per Section 300(G) of the Town Code. This property is a corner lot in an R1-20 zone and is located at 3234 Ronit Court, Yorktown Heights, NY; a/k/a Section 16.20, Block 1, Lot 47 on the Tax Map of the Town of Yorktown.

#46/12
Property Address: 2591 Dunning Drive
Section 27.18, Block 1, Lot 27

Application for a variance to allow an 8 foot fence where a maximum of 4.5 feet is permitted in the side and front yards and a maximum of 6.5 feet is permitted in the rear in an R1-40 zone. Premises is located at 2591 Dunning Drive, Yorktown Heights, NY; a/k/a Section 27.18, Block 1, Lot 27 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 an 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.

#48/12
Property Address: Aqueduct Street
Section 70.05, Block 1, Lot 5

Application for a renewal of a special use permit for an existing public utility wireless telecommunication services facility. Premises is located on Aqueduct Street, Ossining, NY; a/k/a Section 70.05, Block 1, Lot 5 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.