TOWN OF GREENBURGH ZONING BOARD OF APPEALS GREENBURGH TOWN HALL AGENDA THURSDAY, October 16, 2014 – 8:00 P.M.
1. Case No. 13-38 – Midway Shopping Center for Smashburger, for property at 913 Central Park Avenue, Scarsdale, NY 10583. Applicant is a variance from Section 240-3(C)(9) of the Sign and Illumination Law to increase the number of wall signs from one (1) (permitted) on the front of the building to two (2) (proposed), in order to place a sign on the side elevation. The property is located in a CA – Mixed Use District and is designated on the Town Tax Map as Parcel ID: 8.530-363-2. ZBA Case No. 13-18 has been Closed for Decision Only
2. Case No. 13-39 – Ferncliff Cemetery Association, for property located at the south side of Secor Road approximately 480 ft. from the intersection of Eastern Road., Hartsdale, NY 10530. Applicant is appealing a decision/determination of the Building Inspector regarding Section 285-36(B)(1)(b) of the Zoning Ordinance that the caretaker cottage cannot be built as-of-right in compliance within the R-7.5 zone. The property is located in an R-7.5 Single-Family Residence District and is designated on the Town Tax Map as 8.171-124-2
3. Case No. 13-40 – Crossroads Shopping Center, for property located at 367-399 Tarrytown Road, 401-459A Tarrytown Road. Applicant is requesting variances from Section 240-3(D)(14)(e)(4) of the Sign and Illumination Law to increase the square footage of three (3) yard signs: The first yard sign from 50 sq. ft. (permitted) to 61 sq. ft. (proposed); the second yard sign from 50 sq. ft. (permitted) to 61.3 sq. ft. (proposed); and the third yard sign from 50 sq. ft. (permitted) to 64.5 sq. ft., in order to replace three yard signs at the shopping center. The property is located in a UR-PCDD- Urban Renewal Planned Commercial Development District and is designated on the Town Tax Map as parcel ID: 7.480-295-1, 2 & 3.
4. Case No. 14-10 – John Lucido, Building Inspector - Applicant is requesting an interpretation from the Zoning Board of Appeals Applicant is requesting an interpretation from the Zoning Board of Appeals regarding whether mixing soil and mulch to produce topsoil is a permitted use in a nursery. The property is located at 21 Jackson Avenue, Scarsdale, NY 10583. The property is located in an R-20 Single-Family Residence District and is designated on the Town Tax Map as Parcel ID: 8.850-399-2,3,4
5. Case No. 14-11 – Hackley School, for property at 293 Benedict Avenue, Tarrytown, NY 10591. Applicant is requesting variances from Section 285-36(K) of the Zoning Ordinance to Applicant is requesting variances from Section 285-36(K) of the Zoning Ordinance to increase the maximum height of two exterior lights from 14 ft. (permitted) to 80 ft. (proposed), and two exterior (2) lights from 14 ft (permitted) to 90 ft. (proposed), in order to install four (4) exterior pole lights at Pickert Field. The property is located in an R-40 Single-Family Residence District and is designated on the town Tax Map as Parcel ID: 7.171-49-1.
6. Case No. 14-15 – BMR Landmark at Eastview, for property located at 777 Old Saw Mill River Road, P.O. Tarrytown, NY 10591. Applicant is requesting a Special Permit from Section 285-38(A) of the Zoning Ordinance to construct an unenclosed parking structure where only an enclosed garage and/or fully covered garage structure is allowed: Applicant is requesting area variances from Section 285-25(B)(3) to increase the maximum Floor Area Ratio (F.A.R.) from .30 (permitted) to .305 (proposed); and from Section 285-25(B)(7) to increase the maximum building height from 75 ft. (permitted) to 93 ft. (proposed), in order to construct a new four story building. The property is located both in an OB Office-Business and M-6 Multi-Family Zoning District and is designated on the Town Tax Map as Parcel ID: 7.71-6-1 ZBA Case No. 14-15 has been Closed for Decision Only
7. Case No. 14-16 – 880 Central Park Ave., LLC, for property located at 880 Central Park Avenue, Scarsdale, NY 10583. from Section 285 Attachment 1:1 of the Zoning Code to increase the Floor Area Ratio (F.A.R.) from 0.3 (permitted) to .56 (proposed); from Section 285- 29.1(C)(4)(7)(a) to increase impervious surface coverage from 60 % (permitted), 83 % (existing) to 80 % (proposed); from Section 285- 29.1(C)(2) to reduce the north side yard setback from 20 ft. (required) to 12.28 ft. (proposed); from Section 285-29.1(C)(2) to reduce the south side yard setback from 20 ft. (required),9.3 ft. (existing) to 18 ft. (proposed); and to reduce the rear yard from 25 ft. (required), 17.6 ft. (existing) to 6 ft. (proposed); for the Landscape Buffer: from Section 285-29.1 (D) to reduce front yard buffer from 20 ft. (required) to 10 ft. (proposed); from Section 285-29.1 (D) to reduce the south side yard buffer from 20 ft. (required) to 0 ft. (proposed); for the Off-Street Parking Setback: from Section 285-29.1(C)(3) to reduce the distance from off-street parking to the principal building from 10 ft. (required) to 5 ft. (proposed); to the north side lot line from 10 ft. (required) to 1 ft. (proposed); to the south side lot line from 10 ft. (required) to 3.13 ft. (proposed); and to the rear lot line from 15 ft. (required) to 6 ft. (proposed); for Parking Spaces from Section 285 attachment 1:1 (1) to reduce the number of parking spaces from 17 (required) to 15 (proposed); and for the Parking Dimensions for Loading Berth: from Section 285-39(F)(2) to reduce the size of the loading berth from 15ft. x 45 ft. (required) to 12 ft. x 45 ft. (proposed), in order to construct an office building. The property is located in a CA-Central Avenue Mixed Used Impact District and is designated on the Town Tax Map as 8.530-362-5
8. Case No. 14-17 – Kunnath Realty, for property located at 579 Benedict Ave., aka 179 Old White Plains Rd. Tarrytown, NY 10591. Applicant is requesting variances from Section 240-3(D)(7)(b) of the Sign & Illumination Law to increase a yard sign from 20 sq. ft. (permitted) to 33.3 sq. ft. (proposed); and from Section 240-3(C)(9) to place one sign on a canopy on a non-corner lot where none are permitted, in order to legalize a canopy sign and install a yard sign. The property is located in a CB-Closed Business District and is designated on the Town Tax Map as Parcel ID: 7.170-44-17.
Oct 16, 2014 Zoning Board of Appeals
TOWN OF GREENBURGH ZONING BOARD OF APPEALS GREENBURGH TOWN HALL AGENDA THURSDAY, October 16, 2014 – 8:00 P.M.
1. Case No. 13-38 – Midway Shopping Center for Smashburger, for property at 913 Central Park Avenue, Scarsdale, NY 10583. Applicant is a variance from Section 240-3(C)(9) of the Sign and Illumination Law to increase the number of wall signs from one (1) (permitted) on the front of the building to two (2) (proposed), in order to place a sign on the side elevation. The property is located in a CA – Mixed Use District and is designated on the Town Tax Map as Parcel ID: 8.530-363-2. ZBA Case No. 13-18 has been Closed for Decision Only
2. Case No. 13-39 – Ferncliff Cemetery Association, for property located at the south side of Secor Road approximately 480 ft. from the intersection of Eastern Road., Hartsdale, NY 10530. Applicant is appealing a decision/determination of the Building Inspector regarding Section 285-36(B)(1)(b) of the Zoning Ordinance that the caretaker cottage cannot be built as-of-right in compliance within the R-7.5 zone. The property is located in an R-7.5 Single-Family Residence District and is designated on the Town Tax Map as 8.171-124-2
3. Case No. 13-40 – Crossroads Shopping Center, for property located at 367-399 Tarrytown Road, 401-459A Tarrytown Road. Applicant is requesting variances from Section 240-3(D)(14)(e)(4) of the Sign and Illumination Law to increase the square footage of three (3) yard signs: The first yard sign from 50 sq. ft. (permitted) to 61 sq. ft. (proposed); the second yard sign from 50 sq. ft. (permitted) to 61.3 sq. ft. (proposed); and the third yard sign from 50 sq. ft. (permitted) to 64.5 sq. ft., in order to replace three yard signs at the shopping center. The property is located in a UR-PCDD- Urban Renewal Planned Commercial Development District and is designated on the Town Tax Map as parcel ID: 7.480-295-1, 2 & 3.
4. Case No. 14-10 – John Lucido, Building Inspector - Applicant is requesting an interpretation from the Zoning Board of Appeals Applicant is requesting an interpretation from the Zoning Board of Appeals regarding whether mixing soil and mulch to produce topsoil is a permitted use in a nursery. The property is located at 21 Jackson Avenue, Scarsdale, NY 10583. The property is located in an R-20 Single-Family Residence District and is designated on the Town Tax Map as Parcel ID: 8.850-399-2,3,4
5. Case No. 14-11 – Hackley School, for property at 293 Benedict Avenue, Tarrytown, NY 10591. Applicant is requesting variances from Section 285-36(K) of the Zoning Ordinance to Applicant is requesting variances from Section 285-36(K) of the Zoning Ordinance to increase the maximum height of two exterior lights from 14 ft. (permitted) to 80 ft. (proposed), and two exterior (2) lights from 14 ft (permitted) to 90 ft. (proposed), in order to install four (4) exterior pole lights at Pickert Field. The property is located in an R-40 Single-Family Residence District and is designated on the town Tax Map as Parcel ID: 7.171-49-1.
6. Case No. 14-15 – BMR Landmark at Eastview, for property located at 777 Old Saw Mill River Road, P.O. Tarrytown, NY 10591. Applicant is requesting a Special Permit from Section 285-38(A) of the Zoning Ordinance to construct an unenclosed parking structure where only an enclosed garage and/or fully covered garage structure is allowed: Applicant is requesting area variances from Section 285-25(B)(3) to increase the maximum Floor Area Ratio (F.A.R.) from .30 (permitted) to .305 (proposed); and from Section 285-25(B)(7) to increase the maximum building height from 75 ft. (permitted) to 93 ft. (proposed), in order to construct a new four story building. The property is located both in an OB Office-Business and M-6 Multi-Family Zoning District and is designated on the Town Tax Map as Parcel ID: 7.71-6-1 ZBA Case No. 14-15 has been Closed for Decision Only
7. Case No. 14-16 – 880 Central Park Ave., LLC, for property located at 880 Central Park Avenue, Scarsdale, NY 10583. from Section 285 Attachment 1:1 of the Zoning Code to increase the Floor Area Ratio (F.A.R.) from 0.3 (permitted) to .56 (proposed); from Section 285- 29.1(C)(4)(7)(a) to increase impervious surface coverage from 60 % (permitted), 83 % (existing) to 80 % (proposed); from Section 285- 29.1(C)(2) to reduce the north side yard setback from 20 ft. (required) to 12.28 ft. (proposed); from Section 285-29.1(C)(2) to reduce the south side yard setback from 20 ft. (required),9.3 ft. (existing) to 18 ft. (proposed); and to reduce the rear yard from 25 ft. (required), 17.6 ft. (existing) to 6 ft. (proposed); for the Landscape Buffer: from Section 285-29.1 (D) to reduce front yard buffer from 20 ft. (required) to 10 ft. (proposed); from Section 285-29.1 (D) to reduce the south side yard buffer from 20 ft. (required) to 0 ft. (proposed); for the Off-Street Parking Setback: from Section 285-29.1(C)(3) to reduce the distance from off-street parking to the principal building from 10 ft. (required) to 5 ft. (proposed); to the north side lot line from 10 ft. (required) to 1 ft. (proposed); to the south side lot line from 10 ft. (required) to 3.13 ft. (proposed); and to the rear lot line from 15 ft. (required) to 6 ft. (proposed); for Parking Spaces from Section 285 attachment 1:1 (1) to reduce the number of parking spaces from 17 (required) to 15 (proposed); and for the Parking Dimensions for Loading Berth: from Section 285-39(F)(2) to reduce the size of the loading berth from 15ft. x 45 ft. (required) to 12 ft. x 45 ft. (proposed), in order to construct an office building. The property is located in a CA-Central Avenue Mixed Used Impact District and is designated on the Town Tax Map as 8.530-362-5
8. Case No. 14-17 – Kunnath Realty, for property located at 579 Benedict Ave., aka 179 Old White Plains Rd. Tarrytown, NY 10591. Applicant is requesting variances from Section 240-3(D)(7)(b) of the Sign & Illumination Law to increase a yard sign from 20 sq. ft. (permitted) to 33.3 sq. ft. (proposed); and from Section 240-3(C)(9) to place one sign on a canopy on a non-corner lot where none are permitted, in order to legalize a canopy sign and install a yard sign. The property is located in a CB-Closed Business District and is designated on the Town Tax Map as Parcel ID: 7.170-44-17.
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