Zoning Board of Appeals Meeting 9/15/22

Port Chester OZ 181 Westchester Avenue Port Chester, NY 10573 Anthony Gioffre III, Esq. Cuddy & Feder, LLP 445 Hamilton Avenue White Plains, NY 10601 On the premises 140-150 Westchester Avenue in the CD-6 Zoning District, being Section: 142.30, Block: 2, Lot(s): 17 & 65 on the assessment map of the Town of Rye, New York the applicant is requesting area variance relief from the following provisions of the Village of Port Chester Character Based Code: Section 345.405.N.1.v "Lots shall be Limited to one curb cut per lot" The applicant is proposing 3 curb cuts Section 345.405.N.2d "Any gates, arms, or booths must be set back at least 20 feet from the Frontage" The applicant proposes to locate its security grills within 20 feet of the Frontage

SJA Reconstruction LLC 435 Pleasantville Road Briarcliff Manor, NY 10510 Aldo Vitagliano, Esq. 150 Purchase Street Rye, NY 10510 On the premesis no # at theis time Sylvan Road in the CD-3.R7 Zoning District, being Section: 135.44, Block: 2, Lot(ss): 8 on the assessment map of the town of Rye, New York Decision of Zoning Compliance officer that the proposed lots for the subject parcel lack minimum street or highway frontage is in error as application located on a paper street has rights of ingress and egress - the standard of which is governed by NYS Village Law 7-736. An appeal of his determination is allowed under NYS Village Law Section 7-736-3 as well as the Village Code. Section 7-736 (2) requires that "No permit for the erection of any building shall be issued unless a street or highway giving access to such proposed structure has been duly placed on the official map or plan, or if there be no official map or plan, unless such street or highway is (a) an existing state, country, town or village highway, or (b) a street shown upon a plat approved by the planning board is provided under the provisions of this article, as in effect effect at the time such plat was approved, or (c) a street on a plat duly filed and recorded in the office of the county clerk or register prior to the appointment of such planning board and the grant to such board of the power to approve plats." Sylvan Road satisfies this provision. Section 7-736(2) give authority to the Planning Board to determine that the street has been suitably Improved to their satisfaction. The decision of the Zoning Compliance officer requires a plat demonstrating compliance with the cited section or this appeal.