Agenda
TOWN OF EASTCHESTER ZONING BOARD OF APPEALS
March 11, 2014
7:00 p.m.
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Call to Order
Pledge of Allegiance
Roll Call
Approval of Minutes: January 14 and February 6, 2014
OLD BUSINESS
1.
13-56
880 White Plains Road
(Public Hearing Closed on October 8, 2013)
Section 53, Block 2, Lot 40
Zone: R5
Application for: (1) an interpretation to determine if the definition of “customary
domestic household pets and other small animals only as household pets” includes
hens and, if it is determined that hens are considered household pets; (2) an area
variance to allow the keeping of 6 hens where a maximum of two hens over the age
of 6 months is permitted, an excess of 4 hens or 200 percent.
2.
13-84
1 Howell Place
(Public Hearing Closed on January 14, 2014)
Section 73, Block 1, Lot 103
Zone: R5
Application for: area variances to permit (1) a proposed front yard setback of 25 feet
where a minimum setback of 30 feet is required, a deficiency of 5 feet or 16.6
percent, and (2) a proposed 4.5 foot high fence in the side yard where a maximum
height of 4 feet is permitted, an excess of 0.5 feet or 11.9 percent.
3.
13-68
Mickey Spillane’s Restaurant
(Public Hearing Closed on February 6, 2014)
429 White Plains Road
Section 44, Block 3, Lot 7
Zone: RB
Application for: an amendment to ZBA Resolution 06-100 which granted an area
variance from the off-street parking requirements to allow a private party room on the
second floor of an existing restaurant. The variance was granted on the condition that
the room be used for private parties only and that there not be a full service bar or
cooking facilities on the second floor. The applicant now seeks an amendment to the
previous approval to allow regular dining and a full-service bar on the second floor of
the restaurant. The application is currently pending before the Planning Board for
site plan, architectural review, and special permit approval for additions and
alterations to the restaurant including a proposed second-story outdoor dining area.
4.
14-05
97 Tuckahoe Avenue
(Public Hearing Closed on February 6, 2014)
Section 71, Lot 1, Block1
Zone: R6
Application for: area variances to permit a two-story addition to the rear of a singlefamily residence with (1) a side yard setback of 6.2 feet where a minimum setback of
10 feet is required, a deficiency of 3.8 feet or 38 percent, and (2) a 6 foot separation
between the residence and existing garage where a minimum separation of 10 feet is
required, a deficiency of 4 feet or 40 percent. The existing residence has a legal nonconforming 6 foot side yard setback.
Town of Eastchester Zoning Board of Appeals
5.
13-82
March 11, 2014
17 Glen Road
Public Hearing – Continued
Section 44, Block 10, Lot 20
Zone: R3, M350
Application for: area variances to legalize an existing rear deck with (1) a rear yard
setback of 11 feet where a minimum of 19 feet is required, a deficiency of 8 feet or
42.1 percent; (2) a left side yard setback of 4.3 feet where a minimum setback of 6
feet is required, a deficiency of 1.7 feet or 28.3 percent; (3) a right side yard setback
of 1.7 feet where a minimum setback of 6 feet is required, a deficiency of 4.3 feet or
71.6 percent.
NEW BUSINESS
6.
14-07
85 Alkamont Avenue
Public Hearing
Section 51, Block 4, Lot 38
Zone: R5
Application for: an area variance to legalize an existing 6 foot high fence and gate in
a side yard where a maximum height of 4 feet is permitted, an excess of 2 feet or 50
percent.
7.
14-11
1097 California Road
Public Hearing
Section 66C, Block 1, Lot 10
Zone: R10
Application for: an area variance to legalize an existing 6 foot high fence in two side
yards where a maximum height of 4 feet is permitted, an excess of 2 feet or 50
percent.
8.
14-10
3 Hillside Road
Public Hearing
Section 7D, Block 4, Lot 7A
Zone: R10
Application for: an area variance to permit 6,982 square feet of impervious surface
area on a 14,403 square foot lot, where a maximum impervious surface area of 4,880
square feet is permitted, an excess of 2,082 square feet or 42.6 percent.
9.
14-09
Northeast Cross Fit, 271 Main Street
Public Hearing
Section 67, Block 4, Lot 8
Zone: RB
Application for: The Building Inspector has determined that the proposed use
requires a special permit pursuant to Section 12.H.19.a.2 of the Zoning Law
(“Recreation and Family Entertainment Facility (Indoor) – Health and Fitness
Facility”). The applicant is requesting an interpretation from the Zoning Board of
Appeals that the intended business qualifies as a “Studio” or, alternatively, as a
“Personal Service Establishment” pursuant to Section 2.D. (“Definitions”) of the
Zoning Law. Studio and personal service uses are principal permitted uses in the RB
district.
ADJOURNED ITEMS
(The following items will not be discussed at the March 11, 2014 meeting)
1.
12-57
Senior Residences at Summerfield Gardens
Public Hearing - Continued
ADJOURNED
151 Summerfield Street
(142 and 148 Montgomery Avenue and 149, 151 and 155 Summerfield Street)
Section 59, Block 5, Lots 17, 21, 42, 44 and 46
Zone: GB
2
Town of Eastchester Zoning Board of Appeals
March 11, 2014
Application for: area variances to permit a proposed 92 unit, 5 story, multi-family
residential senior housing development with 101 off street parking spaces. The
application requires special permit, site plan and architectural review approval from
the Planning Board. The Planning Board is the lead agency for the environmental
(SEQRA) review of the application.
2.
13-78
71 Highland Avenue
Public Hearing - Continued
ADJOURNED
Section 71, Block 2, Lot 78
Zone: R5
Application for: an area variance to permit a rear deck with (1) a side yard setback of
2.46 feet (for 14.42 foot long portion of the deck) where a minimum setback of 6 feet
is required, a deficiency of 3.54 feet or 59 percent and (2) a side yard setback of 5.04
feet (for another 29.5 foot long portion of the deck) where a minimum setback of 6
feet is required, a deficiency of .96 feet or 16 percent.
3.
13-80
1 Pasadena Road
Public Hearing
ADJOURNED
Section 80.G, Block 3, Lot 1
Zone: R7.5
Application for: an area variance to legalize a children’s swing set in the side yard
with where such accessory structures are only permitted in the rear yard.
4.
14-04
197 Old Wilmot Road
Public Hearing
ADJOURNED
Section 64D, Block 4, Lot 18
Zone: R7.5
Application for: an area variance to permit an open covered porch at the rear of a
single-family residence with a total impervious surface coverage of 5618.4 square
feet where a maximum of 4,463 square feet is permitted, an excess of 1,155.4 square
feet, or 25.9 percent.
Date Issued: March 7, 2014 at 12:30 p.m.
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