Zoning Board of Appeals
Department of Planning & Community Development
City Hall - Roosevelt Square
Mount Vernon, New York 10550-2060
(914) 699-7230 • FAX (914) 699-1435
Ernest D. Davis.
Mayor
Irwin S. Davison, Esq.
Chair
MINUTES
ZONING BOARD OF APPEALS
PUBLIC HEARING
A regular meeting of the Zoning Board of Appeals will be held on Tuesday November
18, 2014 at 7:30 p.m. in the City Council Chamber, Second Floor, City Hall, Mount
Vernon, New York at which time and place the Board shall consider the following:
ITEM # 1 ROLLCALL
Present
Chairman Davison
Vice-Chair Anderson
Board Member Afonso
Board Member Castillo
Board Member Scully
Board Member Sloan-Fullan
ITEM # 2 APPROVAL OF MINUTES
2.1 Approval of the minutes of the special meeting held on Tuesday October 21, 2014.
Board Member Castillo motioned to adjourn. Second by Board Member
Anderson. All in favor.
ITEM # 3 CONTINUED PUBLIC HEARING
3.1
Calendar # 1709-Z 131-141 E. Third Street (Section 165.79, Block
3159, Lot 22) Located in the NB Zone and RMF 6.75 Zones.
The application of Oneness Rehoboth Apostolic Church represented by attorney Jack
Addesso, is requesting the following variances: The applicant is requesting the
aforementioned variances to construct a new church and garage at this premise.
•
Use Variance. The applicant seeks to construct a new Church to be erected in a NB
and RMF6.75 zoning district, where a church in not a permitted use by right. This is
a deviation from the uses permitted within the NB zone.
Page 1 of 7
City of Mount Vernon
Zoning Board Minutes
Meeting Date
November 18, 2014
•
Parking. The applicant is required to have 399 on-site parking spaces. The
applicant is proposing 114 parking spaces in a new parking structure on-site, which
can not exceed one story and 12’ in height. Variance required for RMF- 6.75 District
– This is a deviation from dimensional regulations of the Zoning Code (§267-14M).
•
Proposed Church to be erected is located in NB Zoning District, where a
church is not a permitted use by right. A Use Variance is REQUIRED.
•
Parting structure can not exceed on one story and 12’ in height. Variance
required for RMF 6375 Districts.
• Maximum Building coverage
NB District - Permitted 60%
RMF 6.75 - Permitted 40%
Proposed 78%
Proposed 99%
Variance Required
Variance Required
• Impervious Surface Coverage
NB District - Permitted 90%
RMF 6.75 - Permitted 70%
Proposed 83%
Proposed 85%
Variance Required
• Front Yard Requirements
NB District - Permitted ----RMF 6.75 - Permitted 20’
Proposed none
Proposed none
Variance Required
• Side Yard Requirements
NB District - Permitted ----RMF 6.75 - Permitted 3’
Proposed 17’-6” & 0’-0”
Proposed none
Variance Required
• Rear Yard Requirements
NB District - Permitted ----RMF 6.75 - Permitted 3’
Proposed none
Proposed none
Variance Required
• Off Street Parking
Required 399 spaces
Proposed – 114 spaces
Variance Required
SEQRA Determination: This action is a coordinated “Unlisted Action”. Therefore the
Zoning Board is the “Lead Agency. Therefore a SEQRA assessment must be determined
prior to rending any decisions.
The Chair reads the item into the record.
Jack Addesso – States that the Board was waiting for communication from the
Planning Board.
Staff Long – The Planning Board was conflicted with the appropriateness of the
proposed church and the proposed parking garage. The Planning Board has no
recommendation at this time.
Page 2 of 7
City of Mount Vernon
Zoning Board Minutes
Meeting Date
November 18, 2014
Chairman Davison – We have heard your presentation at the last meeting and
now would like to ask the public if there are any addition concerns in favor or
against this application. Then we will ask the applicant to address any
additional concerns from the public. Is there anyone here who would like to
speak in favor or against this application? Let the record show no one has
stepped forward.
Jack Addesso – In summary, we gave our presentation at the last meeting and
would like for this Board to consider approval for the variances requested.
Chairman Davison – Would a member of the Board like to make a motion to
conclude this public hearing?
Board Member Castillo – Makes a motion to close public hearing.
Vice Chair Anderson – Seconds
Chairman Davison – All in favor. Motion carries. Mr. Addesso, we will go into
deliberation at the end of this meeting.
ITEM # 4 PUBLIC HEARING
4.1
Calendar # 1710-Z 12 Normandy Road (Section 159.63, Block 2001, Lot 7)
One half of the property is located in the R1-7 residential district as an
nonconforming single family dwelling, and the other half is located in Bronxville.
The applicants propose to perform interior alterations to level 2 basement, on the
first, second and attic floors. It also proposes to construct a power room addition to
the building, modify the rear patios and stairs, and the front balcony, thus
increasing the existing nonconformance.
Variance Required:
Rear setbacks permitted 25’-0” min
Proposed: 18.3’ - A difference of 1.7’
Side setbacks permitted 7’-0 min
Proposed 2.9’
– A difference of 4.1”
Combined side setbacks permitted 18’-0 min
Proposed 2.9’
- A difference of 15.1’
Impervious surface coverage permitted 45%
Proposed 79%
- A difference of 2% over the existing at 77%.
Floor Area Ratio permitted 35SF
Existing 73SF
Proposed 74SF
Page 3 of 7
City of Mount Vernon
Zoning Board Minutes
Meeting Date
November 18, 2014
Note that no Building permit shall be issued that would result in an increase of a
nonconformity as per Section 267-11 of the Mount Vernon Zoning Code without the
approval of the Zoning Board of Appeals.
SEQRA Determination: This action is a “Type II” therefore, ending the SEQRA
process.
The Chair reads the item into record. All the requirements and publication
requirements have been met by the applicant. The Board did not receive any
communications from any agencies.
The applicant gives a brief summary of the application. They want to do
renovations of the balcony, rear patio and stairs. The interior renovations
began about two months ago, and the exterior would require additional review.
Chairman Davison – What’s the goal of the project, before you did any work on
it?
The applicant explains they wanted to update the current layout to modern
standards. The house was built in the mid 1920’s, and the ways the lots are
configured are very unique.
Chairman Davison – “This parcel is very unique, on a very unique block, so
while you were doing this, I assume you were aware of all the zoning
limitations on that parcel. Did that constrain you in any way in terms of the
plans that you and your clients had for the property, if these restrictions
hadn’t been in place, would there have been a larger plan then what you
ultimately came up with. So the plans conform to the existing zoning?”
The applicant answers yes. He continues to describe the house the way it’s
currently designed. He also describes the location of where he wants to
construct the powder room.
Chairman Davison - Asks if there was a way to put the power room on the first
floor in a manner that would conform with the zoning code?
The applicant explains they could have, but they took the minimal size
footprint and tried to find the place that would make the most since.
Chairman Davison – So, you couldn’t install or put in a power room on the first
floor that would be in conformance with the Mount Vernon City Code in
manner that was consistent with the existing layout. Can you describe the
considerations in which you tried to have the proposed plans confirm to the
zoning code?
Page 4 of 7
City of Mount Vernon
Zoning Board Minutes
Meeting Date
November 18, 2014
The applicant explains they had many options, they tried to locate the room
on Bronxville side, but the continuity of rooms within the existing structure
made more since to come from the hallway to the powder room.
Chairman Davison – Thank you, let me do the public portion of the meeting.
Is there anyone from the public who would like to speak in support or
opposition of this application? Let the record show, no one has stepped
forward. Would someone like to make a motion to close public hearing?
Board Member Anderson – So moved
Board Member Castillo - Second
Chairman Davison – All in favor. Motion carries.
Chairman Davison – We will move to the deliberations from the first
application 131-141 E. Third Street. We will go through the list of criteria’s
for both Use and Area Variances.
Chairman Davison reads all the Area Variance criteria into record and the
Board Members discussed and rigorously reviewed the proposal based on the
criteria identified by New York State Law. Chairman Davison reads all the Use
Variance criteria into record and the Board Members discussed and rigorously
reviewed the proposal based on the criteria identified by New York State Law.
Board Member Castillo – Inquiries about the preservation of the front yard
setback.
Vice Chair Anderson – Makes a motion to accept Calendar # 1709-Z 131-141 E.
Third Street.
Staff Long – Before we do that, you need to do the SEQRA Declaration.
Vice Chair Anderson – I would like to make a motion to declare a negative
declaration regarding the SEQRA process.
Board Member Castillo – Seconded the motion.
Chairman Davison – All in favor
Vice Chair Anderson - Makes a motion to accept Calendar # 1709-Z 131-141 E.
Third Street.
Board Member Castillo – Seconded the motion and included the condition that
the applicant preserves the front yard setback so that proposed parking garage
is aligned with the adjacent house.
Page 5 of 7
City of Mount Vernon
Zoning Board Minutes
Meeting Date
November 18, 2014
Chairman Davison – Let the record show that Mr. Addesso is shaking his head
in a vertical direction in agreement with the condition.
Chairman Davison – All in Favor.
Except Board Member Scully, whose vote was “No” in disagreement with the
approval of the application. Board Member Scully expresses that he thinks the
Board has confused the presumption of municipalities favoring religious
institutions and the size of the scope of this application. He recognized that
there is the presumption in favor of these types of religious developments;
however, in this particular case his concerns are the scale of all the variances
that are being granted. He further states that he does not think the Board
should have to grant all of these variances to save this type of development.
His concern is not the improvement on the street, rather his major concern is
the residential neighborhood itself, particularly with respect to parking. The
parking proposed is for 199 spaces and the zone requires 399. When the
church is in use, it is going to overwhelm the area with the overflow parking.
Chairman Davison - Thank you. We have one last piece of business - 12
Normandy Road. The Chairman reads all the Area Variance criteria into record
and the Board Members discussed and rigorously reviewed the proposal based
on the criteria identified by New York State Law.
Chairman Davison – Would anyone like to make a motion?
Board Member Castillo – Makes a motion to approve Calendar # 1710-Z for
Area Variances.
Board Member Scully – Second
All in favor. Motion granted.
Meeting Adjourned
Note: Work Sessions will be open to the public but closed to public participation subject to
the Open Meetings Law, [§ 105 of the New York State Public Officers Law, Article 7].
Note: Items listed on the agenda are subject to change and amendments and/or additions
may be placed on the agenda.
Note: The next regular meeting of the Zoning Board of Appeals, is scheduled to be held on
Tuesday, December 16, 2014).
Note: The Zoning Board will host its work session on November 12, 2014 at 4:00pm in the
Memorial Room, City Hall
Page 6 of 7
City of Mount Vernon
Zoning Board Minutes
Meeting Date
November 18, 2014
Wendy Davis
Zoning Board Secretary
cc: Mayor Ernest D. Davis
Jaime Martinez, Acting Commissioner
Susanne Marino, Deputy Commissioner
George Brown, City Clerk
William Long, Planning Administrator
Page 7 of 7
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