OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

New Rochelle Zoning Board of Appeals Meeting - May 5, 2026

Meeting PortalTuesday, May 5, 2026
BodyNew Rochelle, New York
SessionMeeting Portal
DateTuesday, May 5, 2026
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
3:55

Good evening, everyone, and welcome to this evening's zoning.

4:00

I always forget that.

4:01

Let me try that again.

4:02

Good evening, everyone, and welcome to this evening's zoning board of appeals for New Rochelle on May 5th.

4:07

My name is Erica Eisner.

4:09

I'm the chair.

4:34

That's okay.

4:34

We okay.

5:00

Our role is to apply the law to the specific facts presented to us by each applicant, which includes both the submissions that we have received and have reviewed, and the presentation made at this hearing or any prior hearing if you're here on an adjourned matter.

5:15

Any written opposition that has been submitted in advance of the meeting or presented orally will be considered as well as any support for any application brought before us.

5:24

In making our determination, we are responsible for applying a five-factor test to each application before us, and to permit only the minimum variants that we deem necessary and adequate while at the same time preserving and protecting the character of the neighborhood and the health, self-safety, and welfare of the community.

5:45

The format for tonight's meeting will be as follows.

5:48

Um Regina will call the roll to confirm who's present this evening for each application, both in support and in opposition.

5:56

Then we will hear each application.

5:58

The applicant will go first and make their presentation, and the board will then have an opportunity to ask questions of the applicant.

6:06

Anyone else wishing to be heard on each application will have an opportunity to speak, but your comments will be strictly limited to three minutes.

6:13

And we ask that you don't repeat anything that anyone else has said before you.

6:27

Please know that for any uh motion to pass, you need four votes in favor.

6:33

So, due to the two absences we have, if anyone would like to adjourn their application for this evening and come back next month, um, please let us know.

6:44

Otherwise, um with that, I will return the mic to uh Regina.

6:50

Good evening.

6:51

The first case tonight, okay case number five, 2026 for 120 beautiful place for the audience and the people watching at home that has been adjourned until the June 2nd meeting.

7:02

Case 12, 2026, 12 Elmage Drive, the applicants here.

7:06

Oppositional voices to be heard on that.

7:10

Case 13, 2026, 21 Circuit Road, the applicant is here.

7:15

Applic um oppositional voices to be heard on that.

7:21

New cases tonight is case 15, 2026, 106 Persian Avenue, the applicants here.

7:28

Opposition of voices to be heard.

7:31

Case 16, 2026, 40 Earl Place, the applicant is here.

7:36

Opposition of voices to be heard on that.

7:39

Case 17, 2026, 109 Fourth Street.

7:43

Uh applicants here.

7:46

Opposition of voices to be heard on that.

7:49

Case 18, 2026.

7:52

132 Sickles Avenue, applicant here.

7:57

Opposition of voices to be heard on that.

8:00

And case 19, 2026, 40 Green Place, applicants here.

8:05

Opposition of voices to be heard.

8:08

Okay, so the first case tonight will be case 12, 2026, 12 Elm Ridge Drive.

8:22

Good evening.

8:22

I'm Stephanie Melinski with SM Architecture Studio.

8:25

I'm presenting on behalf of my clients, David and Rona.

8:29

So I presented the project at the April Zoning Board meeting, and just to summarize, we're proposing an addition to their residents to create functional living space to accommodate the needs of their family of five.

8:40

But also a primary goal of the project was to enrich the exterior with architectural character and visual interest, thereby elevating the home's curb appeal.

9:02

Scroll down here.

9:13

So the addition fully complies with all other zoning requirements.

9:17

And since the last zoning board meeting, I reduced the addition by 500 square feet, which is about half of the amount that we are over over the allowable at the April meeting.

9:28

So we are now asking for only 493 square square feet over the allowable.

9:42

And then I kind of reduced the addition at various other locations to um to achieve that reduction in square footage.

10:02

And as you can see, there are a few other properties with comparable FARs.

10:07

Is that on a submission?

10:09

It was not because it just got to me late.

10:12

Okay.

10:13

Sorry.

10:15

And as you can see, there's um there's a we're requesting 0.33, there's a.31 right next door, and then uh caddy quarter uh.34, and then also a point three.

10:28

So there's some similar FARs.

10:31

And then I also added some landscaping to the site plan.

10:37

Um as you can see here, some trees along the road to further screen the house from the road.

10:49

Uh so in conclusion, the addition and exterior modifications have been thoughtfully designed to enhance the property's visual appeal and contribute positively to the established character of the neighborhood.

11:00

Um this was done through scale and massing of the house, creating smaller vol volumes and ins and outs rather than a big box.

11:08

Would you like me to walk through the floor plan again?

11:10

Or do you have any questions?

11:12

Ms.

11:12

Melinski, can you go back to the area study that shows the square footages of properties in the neighborhood?

11:19

And do you mind zooming in on that since we weren't able to receive it before?

11:22

I just want to make sure we have an opportunity to study it.

11:26

So in yellow there, that's um the property.

11:29

The new FAR is for um the difference is 493, correct?

11:35

Yes.

11:35

Okay.

11:44

Um yes, currently the FAR is 0.2, and we're going to 0.33.

11:48

Um the allowed is 0.3.

11:51

And Ms.

11:52

Malinski, do you mind just zooming in maybe two more clicks?

11:56

We have the bright lights on us and the glare.

11:58

That's much better.

11:59

Thank you.

12:02

Just scroll up so we can see it, please.

12:06

Oh, sorry.

12:10

Needs to a mouse.

12:13

Um, so am I reading this correctly of the houses that you've highlighted?

12:39

Only three of them are over three?

12:45

Is that right?

12:46

One.

12:47

Correct.

12:47

Two, yes.

12:48

Okay.

12:49

Some are older homes in, you know, on the street, but um, you know, the ones that are more, you know, have undergone additions and renovations.

13:01

But as you can see, two of them are over the allowed point three.

13:11

Does anyone have any questions?

13:17

No.

13:18

Fernando, no?

13:19

No.

13:20

Does anyone want to make a motion?

13:25

Oh, okay.

13:27

Thank you.

13:35

Um, oh, I'm sorry.

13:37

I apologize.

13:38

Does anybody are there any voices in opposition or in support of this application?

13:42

No, they weren't.

13:43

Okay.

13:44

Thank you.

13:44

Okay.

13:45

With that being said, I move over for the board to approve case number 1226.

13:50

David Avish for permission to construct an extension and addition on the first and second floor construction of pool.

13:58

And terra is in the rear and new driveway leading to the garage proposed addition where the proposed uh 0.335 FAR 4,731 square feet.

14:11

GF uh GFA exceeds a maximum permitted of 03.0.340 square feet in an R10 uh district zone.

14:21

Um the premises are 12 L Bridge Drive, block 304, not 42 uh for an area barriers.

14:33

So in order to approve the nine approval the area bearings, there's some criteria test that we must uh go through it, whether under the sharewall change will be produced in the character of the neighborhood or detrimental nearby properties will be created by the granting of the area and barriers.

14:50

Uh the applicant has modified significantly the laid out of the house, reducing the FAR to 493 square feet.

15:00

So that is not changing it.

15:01

Whether the benefits showed by the applicant can be achieved by some method feasible for the applicant to pursue other than an area variance.

15:09

I think we looked at those and requested some changes in order to compensate for the size of uh size and changes.

15:16

I think that it meets our requirement.

15:19

Whether the request area bearance is substantial.

15:21

Um I guess um could be substantial.

15:24

Anything above 10 percent could be considered substantial.

15:26

I think this is 11 percent uh um area change.

15:31

Um so but not necessarily a reason to deny the application.

15:36

Whether the proposed barriers will have adverse effect and impact on the on the physical or physical or environment conditions in the neighborhood or district.

15:45

Uh doesn't appear to be.

15:46

There was some documentation showing that there are other houses which in pretty much same same specs within that um FA FAR.

15:54

Uh whether the alleged difficulty was self-created with which consideration is relevant but not precludes granting the barriers.

16:02

Yeah, it was self-created.

16:04

Uh obviously there's a new extension and exceeded the allocated uh barriers is allowed by the City of New Rochelle.

16:11

Uh it was self-created, but not to the point that is detrimental to the application.

16:15

Uh therefore I move for the board to approve this application.

16:19

Uh second.

16:25

Carla Klappa?

16:27

Yes.

16:27

Mark McLean?

16:29

Yes.

16:30

Charlotte Abadier.

16:31

Yes.

16:32

Fernando Arias?

16:33

Yes.

16:34

Eric Eisner.

16:35

Yes.

16:35

The motion has been approved.

16:37

Thank you.

16:38

Thank you.

16:40

Eastern.

16:42

Next case tonight.

16:43

Be case 13, 2026, 21 Circuit Road.

16:51

Can I please have an agenda?

16:59

Kevin, while they're coming up.

17:01

I know this we adjourned this last month for a referral to the planning board.

17:04

Can you just remind me what the planning board's uh recommendation was?

17:08

It was a neutral recommendation.

17:09

Okay, thank you.

17:20

Okay, state your name and address for the record.

17:23

Uh good evening.

17:24

Aldo Vitaliano, attorney for the uh applicant here with me is Joseph Scalesi, principal uh of the applicant.

17:31

Uh we've provided two letters uh in connection with our application.

17:34

Uh one in initially going through the five uh factors and then one rebutting a letter that came in.

17:40

I think I put everything in our paperwork.

17:42

We're here to answer any questions.

17:44

We're seeking two variances.

17:45

One is a front yard setback.

17:47

We're looking to create uh new parking spaces uh to help alleviate some parking uh in the area uh for it.

17:54

One of the variances relates to the fact that we're looking to have a compact car space, and your code requires that that only is allowed if you have 50 uh cars.

18:03

We don't have 50 cars, so we need a variance from that.

18:05

And the second is a front yard setback, and we've provided uh the information uh in terms of how one of the spaces will be handicapped, so the area that is impacted by the setback is really not that impactful.

18:17

So we think we've demonstrated um uh what we need uh to receive the variance, but we're here to answer any questions.

18:26

I'm sorry, you mentioned um a letter of opposition and a rebuttal.

18:31

I don't have those in my package.

18:33

Did I miss that?

18:34

Should have gotten them.

18:35

I should have it.

18:36

Okay.

18:38

I'll look for it now.

18:39

Okay.

18:41

Was that part of the package that was downloaded from the shared drive?

18:44

The newest one that I sent.

18:46

No?

18:51

And then I responded to that.

18:57

I think I see the opposition letter here now, which came in in April, I assume before the April meeting.

19:04

I just don't see the rebuttal.

19:10

Well, rebuttal basically uh disproved a lot of the points that were there.

19:14

They were saying we should uh put the driveway on the other side.

19:16

That would um uh require losing another uh curb cut, it requires carpet, uh curb cut losing a parking space on the street doesn't really make sense uh for it.

19:25

Uh they're trying to uh make an argument that uh it's Long Island Expressway and the driveway, it's not uh for it.

19:31

Um that pedestrian traffic uh goes up and down.

19:35

They really don't uh for it.

19:36

Um the driveway is a shared driveway uh between both buildings.

19:41

Uh they have more parking on their side.

19:43

People that uh use their parking enter through their rear of the building uh for it.

19:49

So um we basically were providing rebuttal that uh a lot of the allegations that were there were nice but not really appropriate.

19:57

Did you find it?

19:58

No.

20:00

Kevin's gonna make copies of it.

20:01

Okay.

20:02

If the board doesn't have it, they want to take a few moments.

20:04

Kevin just wants to make some copies.

20:06

There's nothing wrong with me up briefly.

20:07

Well, my you have it.

20:09

It was a separate email.

20:12

Well, you could still continue.

20:13

We're just making copies of the letter then.

20:15

If you want to take a brief adjournment to read the letters so that they're properly considered in part of the record, there's nothing.

20:23

No, this is February third.

20:24

Oh no.

20:29

I'm finished with what I have to say.

20:31

So if you want to hear from uh the application stands the same, while you know proposed is twelve twelve front yard and the uh the mineral requires twenty-five, correct?

20:42

So that's a difference of thirteen feet difference.

20:47

That is the latest and greatest, correct?

20:49

Uh latest and greatest.

20:50

I thought we it was twenty-five and we have twenty, uh, is what I was thinking.

21:02

April first.

21:04

This is the rebuttal.

21:08

I don't know.

21:13

I don't even think is that the right letter?

21:16

That's no.

21:22

Oh, this is February third.

21:25

This is April 10th.

21:26

Yes, you have a display.

21:28

Oh, so you have.

21:29

That's fine.

21:30

It's my fault.

21:32

We don't need this one.

21:34

I mean almost uh trees.

21:39

We just got another tree.

21:40

Yeah.

21:47

I know.

21:48

Virginia's fault.

21:49

Yeah, yeah.

21:49

This is April 10th.

21:51

Yeah.

21:52

That's the correct letter.

21:53

Okay.

21:54

Okay.

21:55

Just give the chair a minute to read it.

21:56

Right.

22:00

So I think I'm getting ready to retire.

22:08

Just give us a minute, okay.

23:16

Okay.

23:16

Thank you.

23:17

I'm sorry, sorry about that, everyone.

23:19

Um does anybody have any questions for the applicant?

23:27

Yes.

23:29

Okay.

23:45

You have a question, Charlotte?

23:46

I I do.

23:47

Can you walk us through the the practical circulation of the parking, like as it relates to what you're trying to change here with this variance?

23:59

Okay.

23:59

So there is an existing driveway uh for it.

24:02

And right now uh cars go up the driveway or exit the property uh from the driveway.

24:08

Um and from that driveway uh towards the rear of the property, you could turn right to go to uh uh the building there, or you can turn left to go to our spaces.

24:18

And we're basically looking uh towards the side of the building and a little bit towards the front to provide some additional spaces that could be pulled into uh for it and then backed out into the driveway to go in and out.

24:31

So we're creating additional spaces uh that are perpendicular to the driveway and two spaces that are uh parallel to the driveway.

24:41

And why now?

24:42

Why are you applying for this variance at this time?

24:45

Parking has been acute in the neighborhood uh for it.

24:48

Uh client has owned it for um you know a while uh in terms of that.

24:53

Um he had approached um putting an application in more than a few years ago uh for it.

25:00

There was some opposition that was expressed.

25:03

He just didn't even bother pursuing the application.

25:05

It was not turned down, it was just he just didn't pursue it at that time.

25:08

Um but parking being what it is, um and the tough business of being a landlord is uh for it.

25:16

He's just looking to see if he can enhance uh the property in some way for the benefit of his tenants.

25:22

Thank you.

25:23

He's here if you need anything further in terms of the acute parking uh situation in the neighborhood, or how the uh circulation if you needed more uh information on that he can be sworn in to provide any additional testimony on the circulation if necessary.

25:39

What is driving this additional parking requirement?

25:41

Is it additional tenants, more more cars per family, or what is the driver behind that?

25:48

Why don't you speak to?

25:50

Sir, state your name and address for the record.

25:53

My name is Joseph Scalisi, I'm the principal of Craco Realty.

25:57

So your address, sir?

25:59

My address is 19 East Devonian Avenue, Mount Vernon, New York.

26:02

Thank you.

26:03

You're welcome.

26:04

So the the problem is uh this my my particular property has 25 apartments, and there's only 14 parking spaces.

26:13

The street circuit road is only allowed to park on one side of the street because it's a narrow street.

26:19

Um my 25 apartments, the the co-op next to me is I'm not sure exactly, there's at least 50 apartments there, and then there's another uh 30 apartment building following my building.

26:34

So you know, between those three buildings, there's a big need for parking.

26:38

And and it's also in the area of Pelham Road, which is you you know that Pelham Road is very congested with with multifamilies.

26:46

So I have a lot of tenants that now when they return home from work can't find a parking space.

26:52

So they sometimes have to park half a mile away, three quarters of a mile away.

26:57

And then once they're home, they can go out again because they're afraid that they're not going to find a parking space when they return.

27:03

So it's like now that they become trapped, or the some tenants leaving take a cab to go out so as not to lose their parking space.

27:11

And for the young people, that's one thing, but I have elderly tenants also that if they have to park a half a mile away or three quarters of a mile away, it's it's it's a chore.

27:21

It's not it's not that easy to walk that far when when you're in your 70s.

27:26

Um that that's you know, and and I I understand that, you know, well, the building was built like that, but the building was built at a time in the 1930s, where not everybody owned the car.

27:38

Today, everybody owns at least one car in their family.

27:42

Um, you know, it it's the need for additional parking over the past 90 years has has definitely become more much more acute than the 1930s.

27:54

Um and even in the past, I've I've had a I've had a tenant from the car next door that rented a spot for me, was there with desperate to get a spot, and I gave him a break and and I gave him the spot, but it was it was for about a half a year, then a spot came up in his building and he moved over.

28:11

But you know, I I I've many times people that don't even live in my property approach me for a parking space just because it's so difficult to park at night when they come home.

28:22

During the day, it's not that bad.

28:23

But at night after after 3 o'clock, once kids start getting out of school, people come home and it's just parking is is atrocious there.

28:31

And and that's why the need rose up now.

28:34

Is there any options to put that because some of the stuff of the site on the front?

28:38

We're talking about a huge delta almost 52 percent barriers changed in here.

28:42

So if we go change approved, this is setting a precedent, significant precedent.

28:46

Are there any options to do this?

28:48

You know, maybe in the back of the building somewhere that there's more room for it.

28:52

It's all filled with parking.

28:53

There's four I have 14 14 parking spaces for 25 apartments.

28:57

So it's it's all parking back there already.

29:04

Okay.

29:07

Okay.

29:08

Does anyone else have any questions?

29:11

Uh uh would anyone else like to be heard on this application?

29:15

Yeah, this so we'll go one at a time.

29:18

The um yes.

29:20

When you come up, say you name an address for the record, and you have three minutes to speak.

29:25

Yes, and I'm going to remind you again, please we'll be happy to hear from everybody, but please don't restate what the person anyone before you has said.

29:34

So just offer new information.

29:35

Thank you.

29:36

Hi.

29:36

Um I live at 23 Circa Road.

29:39

So it's a residential name.

29:40

I'm sorry, ma'am.

29:41

Your name?

29:41

Oh, my name is Anna Maria.

29:43

I'm sorry.

29:43

It's a residential.

29:44

We need your first and last name.

29:46

Anna Maria Zinzi.

29:47

I'm sorry, I'm talking about private information.

29:49

I don't really feel comfortable people knowing where I live when I have to walk in a neighborhood by myself in the dark.

29:54

I'm sorry, that's just the procedures.

29:56

Okay.

29:56

Uh 23 Circuit Road and Anna Maria Zinzi.

29:59

Thank you.

30:00

So I've lived in the neighborhood for about 26 years now.

30:04

The parking has become unbearable.

30:06

There's literally nowhere to park.

30:08

We have all private houses that are multifamily.

30:12

Those people who rent those uh apartments, park on the street.

30:16

Then we have a nursing home.

30:17

The nursing home parking lot is very small.

30:19

They all park on the street.

30:21

So when you leave the house, there's no parking when you get back.

30:25

There's not a lot of streetlights because it's of other than Pelham Road, there's not a lot of streetlights because it's a residential area.

30:32

A lot of times you have to park like a couple of minutes away.

30:36

In the winter time, I drive my daughter to her spot on the street.

30:41

That is, I would say maybe a five-minute walk.

30:46

And with all the snow we've had, there's literally there's been literally nowhere to park the car.

30:51

If you left your spot, you weren't getting a spot.

30:53

And like you drive around and around and around looking for spots.

30:57

Some people work from home, so they don't leave.

31:00

People park their car on the street for days on days.

31:04

I know that's not legal, but no one comes in tickets.

31:08

A lot of people that work in the neighborhood, they have commercial vehicles that are parked on the street overnight.

31:13

Nobody comes in tickets.

31:20

And then on Pelham Road, they've taken another spot away.

31:25

So it just we really need parking.

31:28

And then the building next door, like he said, it's eight floors, a lot of apartments.

31:32

They don't have enough spots for them either.

31:37

Thank you.

31:38

Thanks.

31:40

Anyone else want to speak?

31:42

Come on up.

32:01

Uh good evening.

32:02

My name is Evelyn Patron.

32:04

I'm an attorney, and I represent uh Shore Road apartment owners, the co-op next door.

32:11

Excuse me.

32:12

My clients over here, and they're gonna speak about what it's like to live in the neighborhood.

32:16

Uh could I have your address, please?

32:18

Um 399 Knollwood Road, White Plains, New York, 10603.

32:24

Um so you have our letter of opposition, which um Mr.

32:29

Vitigliano said that he felt that I indicated it was like the Long Island Expressway back there.

32:35

Well, I think that's an exaggeration, but there are a lot of cars coming and going back behind the two buildings.

32:41

Um of the things that we're concerned about is that um the the width of the driveway, of course, is wide enough.

32:51

There's no question about that for cars to pass.

32:54

But if cars are but if they're gonna take down these beautiful piers and this beautiful ma'am, you have to stop talking when you're not near the microphone.

33:02

Oh, I'm sorry, beautiful um landscaping in the front of their property and park cars there, those cars are gonna back out into the um the the right of way and are going to create more of a bottleneck of cars going in and out.

33:16

Um Mr.

33:17

Vitigliano in his opposition or his rebuttal said that there was a study about existing pedestrian traffic, and we would like to see a copy of that.

33:26

He also talked about site distances, but we didn't see any data uh provided about site distances.

33:33

Um we're also concerned about this compact car spot about monitor.

33:40

He said that he it would be monitored so that no large vehicle parks there, but we're wondering who would be the monitor and what they would do if they discovered an SUV or a pickup truck there.

33:50

Are they gonna tow it?

33:51

Are they gonna keep it?

33:53

How are they gonna keep that parking space for a um a small compact car?

33:59

Uh also the applicant purchased the property knowing its limitations, and to ask to add parking now, we think is disingenuous.

34:07

The applicant did uh when he purchased the property, had a mortgage of approximately $800 and something thousand dollars.

34:14

It's now up to a million seven hundred.

34:16

So he keeps refinancing the property.

34:19

He's got a lot of debt service on it.

34:20

We understand he needs more income, but this is really not the way to do it.

34:25

Uh we also are very concerned about the safety of all the people who live in our clients' building, which um my board members will discuss in more detail about uh children who walk down the driveway to come to the front to the bus stop, uh, parents with children and strollers, people carrying um groceries and things.

34:47

They do not all use the front door, they they use the um the back of the building for parking, and they come out to circuit road, which is a narrow one-way street already.

35:00

There's a lot of cars turning there every day, and uh, we believe the applicant also has not met his burden under the five factors for to for a variance.

35:08

So we would uh we would request that this application be denied.

35:12

I laid everything out in my letters, so I don't need to go over it again.

35:15

And um, as I saw you were able to read it and receive it today, and I see that my time is up, so I will sit down and I will let my clients speak.

35:24

Thank you very much.

35:25

Thank you.

35:49

Good evening, my name is Samantha Florentino.

35:52

I reside at 485 Pelham Road, apartment B 57.

35:57

Um so thank you for taking the time to listen to me today.

36:00

I really appreciate it.

36:02

Um I had drafted a much longer letter, but um our attorney has covered a few of the a lot of the points, so I'm gonna keep it short.

36:10

Um our major concerns, I am a board member, um, is the public safety concern.

36:18

First and foremost, I know it was already mentioned that circuit road is narrow.

36:22

It is a one-way that connects uh to the busy Pelham Road.

36:26

Residents regularly walk along the shared driveway, families with children, older adults with mobility and difficulties.

36:35

I personally drive an SUV, and I can attest it is extremely difficult to drive with two cars going in and out as it is.

36:45

So if you can imagine coming out, turning and then coming face to face with another car coming out through that same easements.

36:54

We're worried about accidents, crashes, and worse.

36:57

If children are there, it's now we've also had a uh bus stop created in front of our building.

37:03

We have children coming out from buses as long as as well as concerns regarding um fire safety, um, access to oil tankers that come in to provide um oil for the boiler.

37:16

All these things become impeded.

37:18

In fact, recently we've noticed construction taking place on the building next door in five circuits.

37:25

Um the I'm sorry, the address next door.

37:27

And what we've noticed is the construction um people are holding out, they're parking their cars already on the side, and again, impeding traffic from even going in to the unit.

37:39

They've put cones two days ago, and those cones that were there made it impossible for us on the right side to make our turn.

37:46

We had to go around in order to get into our spot, into our area and get to our spots.

37:52

In addition to that, there are winter and construction concerns.

37:56

In the winter, snow buildup would become a major issue.

37:59

With seven new parking spots, there would be no safe place to store snow after storms.

38:04

Piled snow could block shared driveway, reduce visibility, and endangered pedestrians and emergency vehicles.

38:11

During construction, trucks, dumpsters, and bins will take up already limited spots and cause disruptions and safety risks to shareholders and renters on both sides.

38:23

These problems directly conflict with New Rochelle's snow and parking safety regulations.

38:29

Um further to that, you know, we're talking about the storm water absorption, we have flooding sometimes in the back situation.

38:40

It's happened, it happened last year.

38:42

All these things become impeded with this construction.

38:46

I see my time is up, but I thank you for your consideration.

38:51

Thank you.

38:52

Next person want to come up.

39:00

I just want to mention good evening.

39:10

Um, I was not blending of uh speaking much.

39:12

Uh just we need your name first, ma'am, and address Leves Zaninovich, Five Circuit Road, apartment A61.

39:22

Thank you.

39:23

So we have some pictures, and they will uh I mean, picture speaks thousand words.

39:29

So if you want to have them, I don't know if we we can share them with you right now.

39:34

Uh is that um yeah, you can do it.

39:36

Sure.

39:37

Okay.

39:37

But what is the purpose of the picture?

39:38

We're gonna show with this pictures.

39:40

Because you can see better spatial uh problems.

39:43

Well, we've we've been out to the site just so you know.

39:47

I don't know.

39:48

Do you want them?

39:49

Yeah, we have them.

39:55

And all we are concerned about is uh safety, basically.

40:00

More than anything.

40:02

Thank you.

40:13

Is that all, ma'am?

40:14

You're done?

40:15

Okay.

40:15

No problem.

40:16

Yes, I said that's a good idea.

40:17

Anyone else want to come up and speak?

40:22

Your name and address for the record.

40:25

Curring Cravado, 25 Circuit Road.

40:28

Um I'm a young girl, as you could tell, and I work a lot.

40:31

I come home really late at night a lot, and I'm always walking in the dark, and it is really scary to walk around there.

40:36

It's a very desolate area, there's not a lot of people around.

40:39

I feel like if I scream, no one would even hear me.

40:42

Um even when I don't come home late, because I waitress, I I'm a teacher.

40:46

I could come home at 6 o'clock after after school, and I find myself driving around until about 7 45, 8 o'clock, hoping for a spot to open up at that point.

40:54

And then, like, what's the point of eating dinner?

40:56

It's so late at night.

40:58

Like it's a hard situation.

40:59

I also find myself driving around with a lot of the old people that live in their building.

41:03

One of them is an older man who walks with a cane.

41:06

And sorry, I hate public speaking.

41:08

Um, and I find myself always having to give him that spot because as a young girl, how do I take the spot when me and him are always driving around at the same time?

41:16

So there's a lot of old people in both buildings that I think if my car was off the street would benefit for more spots for other old people in the neighborhood as well.

41:24

And I think it could help all of us.

41:26

All of us have an easier time coming and going.

41:29

Um once I'm home, I can't go out.

41:30

And if I come home late, I call my mom to come and walk with me at two o'clock in the morning when I'm done waitressing.

41:36

And I waitress at an Italian restaurant.

41:37

I'm not our tending, partying, uh waitressing until kind of late.

41:41

People just hang out, you know.

41:43

But yeah, so I think it would help a lot of people in the neighborhood.

41:45

Um come and go, all both sides apartments.

41:49

Um, I understand that you know it's nerve-wracking to pull in and out, but as we do now, we're all I think kind people.

41:55

It's uh we're not fast-paced moving, rushing in and out of the driveway as is.

41:59

So I think there's a way that we could go about it where we are considering the other people and being careful.

42:04

I have younger siblings.

42:05

Um I wouldn't want anything to happen to them.

42:07

So thank you.

42:09

Thank you.

42:11

Anybody else like to speak?

42:15

Do I have to do that?

42:16

Mr.

42:16

Chairman, I had one uh comment that I'd like to just make just to clarify and if necessary, perhaps Mr.

42:21

Vacett could speak to it.

42:23

Um I heard a comment that it's a 50% variance.

42:25

I don't believe that's the case.

42:27

If you look at the denial letter, it talks about uh that we're 12 feet into the front yard.

42:33

Um and the setback is uh 25 feet, I think we're 20 feet, so I think it's a five-foot variance is the way I'm interpreting it.

42:41

I'm I'll leave it to Paul to clarify his his uh denial letter.

42:48

Well, it says I'm the one that made the statement is almost 12 feet and minimum requires 25.

42:57

Um pulling up the denial letter.

42:59

Hold on.

43:01

It says 12 to 25, yeah.

43:03

I'm going off what is stated, and that's why I asked if this was a lady grades, and you agree to confirm that you walk.

43:09

So that's why I'm making that reference.

43:12

Okay.

43:12

The description that I have is a proposed 12 uh front yard setback of parking lot extension is less than the minimum required of 25 uh feet.

43:21

So that's how you're giving you giving 12 and the requirement is 25.

43:26

How is that not 50 percent?

43:28

Um I guess it depends how you measure it, whether you're from from the front curb in uh is 25 feet, and we're 20 uh for it, or we're parking in the front yard and that's something else.

43:39

So I'm not sure.

43:40

Where are you getting 20 feet from?

43:42

The the front yard setback under your proposal is 12 feet.

43:46

And the minimum required is 25.

43:49

Where's 12 coming into this?

43:54

That's in the denial letters where is where it says 12.

43:58

Yeah, that's where do you see 20 though?

44:02

That's what's on our plan, so that's mistake.

44:05

So the minimum material.

44:06

Oh, we don't have boards.

44:09

He's saying that his plans are for say 20, not 12.

44:12

12.

44:15

Can you point to the place in the plan where it says 20?

44:19

Off-street parking setbacks.

44:20

Um, it says 25 feet is required, and we've got 20 uh as uh on our plan or proposed.

44:28

Or do I see the plans?

44:36

No, he's gonna blow it up right now.

44:39

I the the version that we have, just so you know, is kind of hard to read.

44:44

It's a little bit rainy.

44:45

Grainy, that's a good word.

44:47

It's illegible and or illegible.

44:50

Um I am gonna have some questions about the details that we can't read.

44:57

Yeah, well I'm going off the plan examiner gave me the denial.

45:00

Yeah.

45:00

So um I I I think we need some clarity on that, and I would love to have uh a set of plans that's easier to read.

45:07

This is Kevin's gonna look at the Okay.

45:10

While he's doing that, I have a question.

45:12

Um there was mention of uh uh site um site studies and pedestrian studies.

45:20

That's just anecdotal from the owner uh for it.

45:22

We don't have a uh surveyor doing a site distance study.

45:26

So there were no studies done.

45:27

The driveway exists, there have been no accidents or or issues there relative to it, no complaints of site issues, and it's a one-way street uh as well.

45:35

Okay, so just for the record, there's been no studies done for site distance or pedestrian studies or traffic studies.

45:43

Okay, thank you.

45:44

So you might the the drawing here, this is I think it's the same sheet you have up there.

45:49

A one point zero shows a 12-foot setback from the property line to the parking.

45:58

The table appears to be inconsistent with that saying that it's 20 feet.

46:02

But on the drawing here, it is clearly 12 feet from the property line to that first parking space.

46:08

Yeah.

46:09

So the denials, okay.

46:11

So we we have some pictures here that were provided to us this evening by these young ladies.

46:22

And I said we had some pictures that were provided here by by some of these these ladies.

46:30

And they showed some parking here.

46:33

Um how I guess this is coming out to the street, and there's cars parked on the right side.

46:40

Paul, I'm sorry, can we remember?

46:41

I don't know if he's seen them.

46:42

So I don't know.

46:43

Oh, I haven't seen them, but it's okay.

46:45

You can't.

46:46

You might you might want to go into the plan a little bit about how you can afford safe passage in and out of here and and um potentially alleviate their concerns.

47:00

I know that you're cutting into the grass area to do this, but I'm not sure if these ladies are aware of that or not.

47:08

So you might want to get into that a little bit.

47:10

And our spaces, I believe, are uh more than are required in terms of parking spaces, so it gives a little extra room you know for for navigating.

47:18

Uh but there should be no issue.

47:20

Obviously, I don't have a traffic study of pulling into a parking space uh for it.

47:25

But we don't we really don't see how a car coming in the 22-foot driveway would have any difficulty turning into a space and or backing out uh of that space.

47:36

So the spaces that the first spaces that are being created towards the front, one is a handicapped space uh for it.

47:42

Correct.

47:42

And again, the portion of that will be the uh accessible area, so it's theoretically open space uh for it, although it's needed for the parking space uh for it.

47:53

Um I don't see the and we took the setback from the parking space, not the aisle in front of the accessible space or adjacent to these accessible space.

48:06

Okay, um I have to be honest.

48:09

I'm having trouble really evaluating all of this with the information that I've been given.

48:14

The plan is to quote my colleague, illegible.

48:17

I can't read the numbers, I can't read I can't read a lot of the most of the writing.

48:23

Um to be clear, the I apologize, madam there.

48:28

The the plan does look like it has a lot of really helpful detail.

48:32

Like one of my questions is is there a lighting plan on there that might alleviate some of the neighbors' concerns um uh about it being very dark there.

48:42

I think the most moving picture out of the pictures that were just shared with the board was at night, where there doesn't look like there's a lot of adequate lighting.

48:50

So that was gonna be one of my questions.

48:52

Um but I'm gonna let Madam Chair finish.

48:55

Uh but it it it it I just agree that I think we need a plan that we can read um and and really evaluate the details.

49:03

So I apologize, Madam Chair, if you want to continue.

49:07

Okay.

49:08

Well, we'll take that uh suggestion and uh there's no other comment or questions of it, so I think we would request an adjournment to provide additional information, perhaps a blow up of the area, just to just maybe a little more narrative.

49:21

That would probably be a good idea.

49:23

I think that's a good idea.

49:24

And as as per um uh one of the comments that was just made, you might want to show the lighting plan on there.

49:32

Right.

49:33

Well, just for your own information, just so you know.

49:35

All parking lots have to be a minimum of one point five foot candles at pavement level.

49:40

That is in our ordinance.

49:42

Yeah, I mean, point five foot candles.

49:44

Most sidewalks are at about one foot candle.

49:47

The parking lots are supposed to be one point five foot candles.

49:52

Just so everybody knows.

49:53

I'm also curious.

50:04

How is it in and there are people walking up the driveway?

50:09

Is it visible?

50:10

Can they see them?

50:11

Are there mirrors to show what you know anybody coming down?

50:14

Um it's just not clear to me how this is all going to function and how it won't create a safety issue.

50:22

So I certainly hear the concern that there's a need for parking.

50:26

And we're always in favor of getting cars off the street if it's at all possible.

50:31

But I do think it's something that we need to think about in terms of safety and need a little bit more clarity in this picture.

50:38

Okay.

50:39

So I'd like to just uh follow up with um what our uh chair, very talented chairperson said.

50:46

And uh we are all very concerned about public safety.

50:50

I think part of the responsibility of citizens is to make sure that their baby carriages and their children are not in areas that could jeopardize their well-being where cars are moving, uh moving in and and out.

51:07

We as Erica just said, we do fight very hard to get parking spaces added uh in New Rochelle because we're all very aware of uh of that need.

51:19

Um we are also aware, and Fernando is particularly sensitive to it to the size of the variance that you're asking for.

51:28

And so then that is our burden, but your burden is to help us help you into creating a scenario in which we can we can work together to try to you know cut the baby in half and try to make everybody uh try to make everybody happy.

51:46

Your level of debt, sir, is of no consequence or interest to me.

51:50

Um the construction next door will be temporary.

51:54

Snow is temporary, um, but happy residence and good parking spaces and safety is forever.

52:03

So by all means, go back to the drawing board with a sharper pencil, and um and we can see you next month.

52:11

Okay, thank you.

52:12

So your request for an adjournment is granted.

52:14

So that means he'll be next meeting.

52:16

You will not be re-noticed, but the sign will be posted with the new date.

52:20

And the agenda is always on the website.

52:21

So we don't know the date right now.

52:23

Yeah.

52:24

The June meeting, I believe it's June 5th.

52:28

June 5th.

52:29

June 2nd.

52:30

Thank you.

52:31

June 2nd, Tuesday.

52:40

Yes.

52:42

Next case this evening is case 15, 2026, 106 Persian Avenue.

52:47

Okay.

52:51

No, no.

53:02

Good evening.

53:03

Uh, my name is Mike McCann.

53:05

Um I'm the applicant and architect for this uh project.

53:13

What we have here is a old garage that uh needs to that it's non which is non-conforming and needs to be taken down because of it.

53:25

So in in place of that, we uh the uh owner wants to have a a nice garage.

53:33

They the the garage that's there is in the back of the property, it's nonconforming in terms of uh area, it's falling down, it's a mess.

53:41

So they're gonna build a new, they want to build a new garage.

53:44

In building this new garage on this narrow long deep lot, they incur uh a uh uh nonconformity in terms of uh the combined side yards.

53:59

Now, the side yard that we're actually creating new is meets meets the uh required dimension of uh uh greater than eight feet, but the existing side yard on the north side of the house is minimal, and that's where our problem is.

54:20

The combined side yards are lacking and non-conforming.

54:28

We want I I think that in uh there's really no uh adverse effect on the neighborhood, the traffic, the uh I think it'll be it's an upgrade for the the house.

54:44

It's set back, so it's not it's not an imposing uh uh structure.

54:50

Um what is the current size of the existing one?

54:55

Can you show it on the map there?

54:57

The current size.

54:58

Yeah, you said there's an existing one, right?

55:00

It's on the back of the property.

55:02

Okay.

55:03

It started it started in on the uh uh so you're gonna remove it from the rear of the property and you're gonna build it on the side of the house.

55:13

That was yes, pretty much at the side and the rear.

55:16

Okay.

55:17

And then what is um what is the existing size?

55:21

If you're gonna do a one-for-one replacement, what is the actual size currently?

55:25

The existing size of the old garage.

55:28

The old garage.

55:32

Uh I don't I don't know.

55:34

I'm just trying to determine, you know, you need you you decided to build the garage 18 by 20, it's violated the barriers.

55:39

I want to see what you know, what is the the reason and why is it needed to be since you need to move it to the side, and it seems to be quite a bit of uh uh delta on the barriers.

55:48

I'm trying to determine, you know.

55:51

Seems to be what?

55:52

Um sorry.

55:53

I'm trying to determine what you know from the size perspective on that side.

55:58

I don't know the the exact size of the uh existing there.

56:02

Uh let me ask you a question.

56:04

Could this garage be made smaller?

56:08

No, not uh yes, it could be, but it becomes uh less useful if it's small if it's smaller.

56:19

And it'll still be in to be any smaller and to be in compliance, it would have to be a motorcycle shed.

56:30

Uh it's not a it's not uh it's the width of an actual minimal two-car garage, but they only gonna have one car in it with that.

56:40

Um the store car, you know, park a car inside the garage or the storage, or what is it?

56:47

Excuse me.

56:48

The intent of the garage.

56:50

Is it to park a car in there?

56:52

Or is it just storage?

56:53

Store stuff like everybody does in the garage.

56:56

You know, uh he could have shelves in there, he could have a uh, you know, just I can't even get my car in my garage to store so much stuff in it.

57:05

And I think that's uh No, no, I'm just trying to determine, you know, w what is the reason because you know when I look at this thing, we we're supposed to, you know, do a barrier as little as possible.

57:16

I know I know it's an exercise of numbers, is you cannot go only by the numbers, but when you look at this, this is a barriers are almost 42 percent change.

57:24

So it's quite substantial.

57:25

So I'm trying to justify, you know, would I vote for this, and then I need to have more detail on the you know, it's a 42 percent change in what in the area, you know.

57:37

Do you propose in according to this?

57:40

The proposed is 15 55 speed, uh 11 feet, 11.5 feet, and the required is almost 20 feet.

57:50

So I couldn't get a garage in there.

57:55

Okay.

57:56

And you know, that's why we need the variants because the garage would not fit.

58:01

A garage is not gonna fit in the back of the property too too easy either.

58:05

Uh and be connected to the house.

58:08

Um I'll let my colleagues have if they have any questions.

58:13

Does anyone else have any questions or comments?

58:17

Would anyone like to make a motion on this?

58:19

Is there any opposition on this case?

58:21

I keep forgetting that.

58:22

I'm so sorry.

58:22

You guys uh someone here to speak.

58:25

Okay.

58:26

Yes, someone's here to speak.

58:29

Oh, and I apologize to you, sir.

58:32

Where were you?

58:33

Just tell them your name.

58:34

Anderson Franco 106 Avenue.

58:38

Um the owner of the house.

58:41

Uh I got a baby and a son.

58:43

And the backyard, it's the way they did the old garage, it's sitting right in the middle.

58:50

It's a small house in this mole backyard.

58:54

And for me to play with my kids or do something, it's work.

58:58

It's even to do the mowing, uh, the the cut the grass, it's it's weird.

59:03

And though it the way he did the drawings, it's for me to get some uh storage and the car and the garage.

59:11

And I have the backyard as a you know, I can play my kids.

59:16

The the current garage, is it it it violates the rear yard setback, is that right?

59:21

It's the grandfather.

59:22

It's right, right.

59:23

I know that it's a 10 by 15.

59:25

Okay.

59:25

So it's a it's uh uh pretty much it's we changed it not much sizing of the garage.

59:32

Also now gonna we have a more uh grass area in the back, because we building the garage and uh and uh the driveway, no and the and the back.

59:43

More useful.

59:44

Thank you, sir.

59:45

One other thing that we're doing here is we're upgrading the drainage.

59:52

You know, they got water, the house is on a pitch, runs down, backyard floods, some sometimes goes over.

1:00:00

The drainage we're putting in in the back is gonna pick up that water.

1:00:04

Are you to a uh are you removing any impervious surfaces?

1:00:09

You're removing driveway that went back to this garage.

1:00:12

Well, yes, yes, we are.

1:00:14

But I don't know.

1:00:15

I mean, I didn't look right now at the the um I don't know that there's a change what the changes in the impervious surface.

1:00:32

No.

1:00:34

They're adding drainage and removing impervious surfaces.

1:00:38

Too small for the side.

1:00:41

Does anyone else have any other questions?

1:00:43

Oh, I'm sorry, sir.

1:00:45

Are you still speaking?

1:00:45

I think I think it's a wash.

1:00:47

Okay.

1:00:48

Fair enough.

1:00:48

You know, we're taking away some.

1:00:50

So you're you you're basically you're basically trying to attach this garage to the home to have a little more usable area in the backyard.

1:01:01

Right.

1:01:02

Exactly.

1:01:03

Okay, thank you.

1:01:04

I should have told you that.

1:01:06

If there are no other comments from the board, I'd like to make a motion.

1:01:11

Um, this is case number 15-2026, Anderson Franco for permission to remove an existing detached garage and construct a new 18-foot by 20-foot garage attached to an existing one-family dwelling, whereas the proposed 11.5 foot combined side yard is less than the minimum required of 20 feet in an R2-7.0 zone district at the premises of 106 Pershing Avenue, block 1517, lot 48, and seeking an area variance.

1:01:44

Um, I move that we approve this application.

1:01:47

Um, in taking into consideration the five factors, whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created.

1:01:57

I would say no, there's no indication that there'll be any undesirable change.

1:02:01

To the contrary, um, they're proposing to take down a non-conforming um really not functional garage, um, which is borderline on sightly, um, and replace it with a new uh upgraded garage that makes more sense since it'll be accessible to a car instead of across the backyard.

1:02:23

Um whether the benefits sought by the applicant can be achieved by some other method feasible for the applicant to pursue.

1:02:29

I think the answer to that is no, anything smaller would be would not be a functional garage to be used.

1:02:36

Um whether the requested area variance is substantial.

1:02:40

It is substantial in that it's nearly a 50% variance, but it's the combined side yard setback.

1:02:47

Um it doesn't violate either side independently.

1:02:51

Um and I don't think that it's going to be intrusive to either neighboring properties by any means.

1:02:57

Um in fact, if it provides storage and perhaps a car um out of sight, that's an improvement to the area.

1:03:05

Uh whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood, I don't believe it will.

1:03:12

We haven't heard any evidence to the contrary.

1:03:15

And whether the alleged difficulty was self-created, um, it is self-created, but the alternative is to not have a garage.

1:03:23

Um and I don't think that's a reason to deny the variance.

1:03:25

For the so for these reasons, I move that we approve this application.

1:03:31

Second Fernando Arias?

1:03:40

No.

1:03:41

Carla Klappa?

1:03:43

Yes.

1:03:43

Mark McLean.

1:03:45

Yes.

1:03:46

Charlotte Abadier.

1:03:48

Yes.

1:03:49

Erica Aisner.

1:03:51

Yes.

1:03:51

The motion's been approved.

1:03:54

Thank you.

1:03:57

Next case tonight is case 16, 2026, 40 Earl Place.

1:04:14

Good evening.

1:04:15

My name is Jody Lucena Picchardo.

1:04:16

I live at 40 Earl Place with my husband Diego Pachardo.

1:04:20

Um we're requesting an area variance from the four-foot uh fence height limitation for front yards to legalize our existing fence.

1:04:28

Well, the area is classified as a second front yard due to our corner lot, it functions as a rear yard fence.

1:04:35

And it's as it's located behind our home near the garage.

1:04:39

Addressing, should I address the five factors?

1:04:41

Is that okay?

1:04:42

Okay.

1:04:42

Number one, granting this variance will not produce an undesirable change in the neighborhood or create any detriment to nearby properties.

1:04:49

The fence is set well back from the street and does not impact visibility, traffic, or the streetscape.

1:05:00

It's constructed of wood with the traditional decorative trim cap design and is fully consistent with the historic district and slash HLRB requirements, which call for materials and aesthetics appropriate for the neighborhood.

1:05:07

I understand that that's for them to decide, but just noting that on the side.

1:05:10

Notably the fence is made of wood, which the HLB requires.

1:05:14

In fact, we took that into account when we put up the fence because we had seen our neighbors' non-wood fences get taken down per the HLRB.

1:05:21

And we also replaced a pre-existing ugly non-compliant chain link fence that was originally in the backyard in place to put this wood fence.

1:05:29

So the fence is appropriate, compliant in appearance, and creates no detriment.

1:05:34

The benefit we're seeking cannot be achieved by any other feasible alternative.

1:05:38

The fence provides a safe enclosed space for our children and separately contains our large dog who can easily clear a four-foot fence.

1:05:46

A four-foot fence, if that were to be the case in this part of the yard, would be ineffective because it can be easily seen over, reducing privacy, which was one of our concerns with our young children in the backyard at the time when we put it up.

1:05:59

It can easily be climbed or bypassed.

1:06:02

Particularly because the sidewalk sits higher than the yard, it would feel even shorter than the street.

1:06:07

And then the safety concerns that we mentioned in our application are real, not theoretical.

1:06:11

Our children were very young when the fence was built and now use the yard independently, particularly our seventh grader who is 12 and in the backyard by herself sometimes.

1:06:22

Also, there have been recent break-ins directly across the street.

1:06:25

Our neighbor just two weeks ago or so filled out a police report because overnight there's just lots of things happening of cars constantly being broken in.

1:06:33

We also have a street parking problem, which creates some of the traffic.

1:06:38

So without this variance, the fence would not serve its essential safety and security purpose.

1:06:43

While the code limit here is four feet for front yard fences, that applies only because of our corner lot classification.

1:06:52

In a rear yard, a six-foot fence is permitted, which is how this fence functions in practice.

1:06:57

The fence measures about 71 to 73 inches, and although it exceeds the six-foot uh limit for backyard fences, it's only about one to two inches in some areas due to the natural slope of the property.

1:07:10

Uh it's located at the rear of the property and affects only a very small portion of the lot.

1:07:14

So it's not substantial when viewed in context.

1:07:17

The variants will not have any adverse physical inver or environmental impact.

1:07:21

It doesn't impact drainage, sight lines, or traffic safety.

1:07:25

It's also been in place for years with no complaints.

1:07:27

In fact, our neighbors even complimented its appearance when it went up.

1:07:31

Um there is no negative impact on the neighborhood or the environment.

1:07:35

We acknowledge that the condition is self-created as we in fact installed the fence.

1:07:40

We did not realize at the time a permit was required.

1:07:44

Um, or that the corner lot, certainly that the corner lot changed the requirements for a yard fence.

1:07:48

We were sort of looking at the chain link fence that was existing in the backyard.

1:07:52

Um, it was built during the COVID pandemic when City Hall was closed and we really kind of didn't know what was going on or what was what?

1:07:59

And we really felt that we wanted to have a safe place for the kids to play during the pandemic since they couldn't really go anywhere.

1:08:06

Um, so it was done in good faith to address our immediate safety concerns for our children.

1:08:10

So while self-created, it was reasonable, we think, and safety-driven for our children.

1:08:17

Uh in closing, we think the fence is safe, appropriate, and consistent with the neighborhood and historic requirements.

1:08:22

It provides important safety and security with no detriment to the community whatsoever.

1:08:27

The benefit clearly outweighs any potential concern, and we respectfully requested the board grant the variants.

1:08:32

Thank you so much for your time and consideration.

1:08:35

Thank you.

1:08:35

Thank you very much.

1:08:36

Is there any opposition for this case?

1:08:39

He's beating me to it.

1:08:42

Does anybody have any?

1:08:43

Yeah, just a question.

1:08:44

Um for the front of the house, you know, the area.

1:08:47

So the whole length of the fence in the front is six feet.

1:08:51

The front, so it's set back.

1:08:54

You mean the actual front of the house or the side of the house?

1:08:56

I'm trying to look at the picture.

1:08:57

I'm trying to decide which one is the front of the house here.

1:09:00

Joe Renick, it was a helpful.

1:09:01

Do you have the pictures here?

1:09:03

Yeah.

1:09:03

Okay.

1:09:04

You can see my lovely model as well in the pictures.

1:09:10

Oh no, do you have the pictures of the photographs?

1:09:13

Scroll it.

1:09:14

Okay.

1:09:15

Oh, I can look here.

1:09:15

I don't need to take the mic.

1:09:19

Boy.

1:09:20

I'm just gonna hold it.

1:09:22

Shall we see the modern 210?

1:09:29

Okay, there we go.

1:09:30

Sorry, thank you.

1:09:31

Charlie.

1:09:33

Let me go down to the first one.

1:09:37

No, even though it's a good one.

1:09:39

Oh, there's one missing.

1:09:40

Oh no, there's okay than that.

1:09:43

So leave that in there.

1:09:47

Leave it in there.

1:09:47

Is it right if I take it just to show you?

1:09:48

If you can just stand behind the podium.

1:09:50

Stand behind the podium.

1:09:51

Okay, so the the last picture bottom left is showing sort of the front and the side of the house.

1:10:00

It's the corner, essentially looking at the corner.

1:10:01

Is that where the gentleman with the hat is in the middle?

1:10:05

Well, the gentle yeah.

1:10:08

No, there's other pictures where he's in them.

1:10:10

He's not in these.

1:10:11

So right here, can I reach over the podium?

1:10:14

Is that okay?

1:10:15

The mouse pad on the laptop.

1:10:17

Okay, so this right here, this portion of it is facing the front of the house.

1:10:22

This is all side.

1:10:23

So you can't really see it here because there's lots of trees.

1:10:26

Let me see where else.

1:10:27

Hold on.

1:10:29

This right here.

1:10:30

You see the red?

1:10:31

That's the portion facing the front of the house, and it's well back.

1:10:34

Oh, yeah.

1:10:36

That's the six feet uh section, correct?

1:10:38

Yeah, I believe so.

1:10:42

Okay.

1:10:44

Would you say how long is that?

1:10:46

That run.

1:10:48

Say that again?

1:10:49

The the length of that six feet section, is it like um any idea how long it is?

1:10:53

Eight feet?

1:10:54

From the front of the front.

1:10:55

The side, just the front, when it's coming in the front.

1:10:58

Come out.

1:10:58

Oh, I'm sorry.

1:10:59

I'd say it's about two of me, maybe 12 feet across, 10 feet across in the front of the house.

1:11:07

Not tall across.

1:11:09

Yeah, we're talking about length.

1:11:11

Yeah.

1:11:12

Okay, thank you.

1:11:13

Sure.

1:11:14

You mentioned that the fence is um consistent with the historic requirements of the historic requirements of the um of the district.

1:11:26

That's right.

1:11:26

So there's no action that would need to be taken post um this vote tonight, if it were to be approved.

1:11:33

I don't know officially the rules.

1:11:35

I think they we from when we spoke to the I'm not sure, but I believe in the rear Paul could maybe answer.

1:11:42

I believe if it's not showing from the front, it doesn't well it is visible.

1:11:46

I'm just asking for the environmental balancing test portion of this.

1:11:51

This is not our jurisdiction to comment.

1:11:53

I think aesthetically, correct me if I'm wrong, Mr.

1:11:56

Vaca, but aesthetically, since there is a portion facing the front, and and because we're on the corner lot in general, aesthetically they would want to see that it's a wood fence, that it has a natural stain, but we do not have that stamp of approval just yet.

1:12:09

From what I understood was this board could make a recommendation that it's okay.

1:12:16

It's okay.

1:12:17

I I'm not quite sure of the details.

1:12:23

They really don't like PVC fencing and so on and so forth.

1:12:27

Crazy colors.

1:12:31

It doesn't really, it just says they're both front yards.

1:12:34

Yeah.

1:12:35

So it is what it is, but thank you.

1:12:38

Sure.

1:12:39

I will just add to that, yes, HLRB approval would be required.

1:12:43

Uh I I don't want to speak for the board, but as a staff member that works with that board, there is sometimes some deference given in a situation like this where there's a corner lot where it's a little bit unavoidable.

1:12:54

So I think that there is some leeway granted sometimes, and just echoing the materiality is important, and this is something that would be seen as more favorable as again, you know, opposed to something like PVC.

1:13:05

Why does it come to us before the uh HLRA?

1:13:08

Excellent question.

1:13:09

Because it they we were told because it violates the zoning.

1:13:15

Right because it exceeds four feet, we have to rule first.

1:13:18

Right.

1:13:22

Yeah, yeah.

1:13:23

You would have to perfect the variance before they got it.

1:13:27

Yeah.

1:13:27

Okay.

1:13:28

I I have a question.

1:13:29

Um I understand the the two front yards, but the section of the fence that faces your usable front yard.

1:13:41

Yes.

1:13:42

What is the reason that that section can't be lower?

1:13:47

What what functionally safety-wise, what w why where's the problem with lowering just that section?

1:13:53

Sure.

1:13:53

I I guess I would argue that it faces the same issues so that the if it were four feet, um anyone could climb it.

1:14:01

We just have hedges, we don't have you know what I mean.

1:14:04

It's sort of the same safety reason.

1:14:05

That's what I'm well I mean, it it seems to me that anyone who has a front yard four foot fence, it can be climbed.

1:14:12

Yeah, no, if we can't make a determination that the fence can be that high so that no one can climb it, because then everybody would have 12 foot fences in their house.

1:14:20

Um I'm just since that is your functional front yard and that's the the facade of your home.

1:14:27

I'm just wondering if there's a a reason why that section couldn't be lowered.

1:14:32

But um I would guess not saying it's a necessarily a requirement.

1:14:35

Sure, pardon my interruption.

1:14:37

I would say just in part is aesthetically, if the fence is sort of uniform throughout and then it suddenly drops down, it looks a bit strange, I guess, is what I would say.

1:14:45

Happens all the time.

1:14:46

Okay.

1:14:47

Okay.

1:14:48

Does anyone else have any questions or comments?

1:14:50

Yeah, this is a pro this is a corner property.

1:14:53

Yes.

1:14:54

Yeah.

1:14:54

Usually, you know, corner properties.

1:14:56

Pole.

1:15:00

Um, isn't corner properties, you know, you're supposed to be really stick with a four fence because you might block you know, visibility on people driving around or coming from there's a actual intersection.

1:15:11

The around at the point of intersection, you're supposed to go by 40 feet in both directions and lovely island 30 inches.

1:15:16

The fence isn't near the intersection.

1:15:23

Um it's 30 inches in that triangle and then four feet in the required front yard.

1:15:29

Correct.

1:15:31

All right, thank you.

1:15:34

May I ask a question?

1:15:35

Or is my time up totally fine?

1:15:37

Oh, you're not you're not time barred.

1:15:38

You can ask the question.

1:15:39

Is the um four feet requirement for the front yard?

1:15:44

If the yard is set way back from the front of the house, the if the fence is set way back from the front of the house, the edge of the property.

1:15:51

Does that is that significant?

1:15:54

If the fence was not within the required front yard.

1:16:00

Then there's not really a height requirement on it.

1:16:04

Okay.

1:16:04

No, I assume it's a few.

1:16:05

In the in the you know, I really have to look at your yards there.

1:16:10

Um the yards in a historic district are based on the average frontages of the houses to the left and to the right of you, and then we determine what that front yard is, or it's decided by the size of the property, and then we assign a designation based on the size of the property.

1:16:27

Yeah, there's a couple different factors.

1:16:29

Okay.

1:16:30

Just one thing to point out as the chair person noted too, is that it's it's far from the intersection and the fence itself, while in technically in the front yard, it's we have a whole lot of front yard in front of it, too.

1:16:45

So that was very technical explanation.

1:16:50

Does anybody else have any other questions or comments?

1:16:54

Would anyone like to make a motion?

1:16:59

I'll make it a motion.

1:17:00

Thank you.

1:17:01

I'd like to make a motion to approve case number 16-2026.

1:17:08

Jody Lucena Picardo for permission to legalize a wood fence and closing the rear yard.

1:17:15

The fence height varies from more than five feet to more than six feet to follow the ground elevation, legalizing existing, whereas the proposed fence height with height varying from plus or minus five feet to plus or minus six feet within the second front yard exceeds the maximum permitted of four foot high in an R1-HIST zone district at the premises 40 Earl Place block 876, lot 35.

1:17:45

And applying the balancing tests that we are required to implement, which balances the benefit to the applicant with the detriment to health safety and welfare of the community, and one whether benefit can be achieved by means feasible, other means feasible to applicant.

1:18:00

No, as um presented by the applicant, the fence um uh encloses uh a uh back portion of her yard, um, which uh helps to achieve safety and well-being of her family.

1:18:18

Um the fence uh two undesirable change in neighborhood character or to nearby properties, no as described the fence is made out of um of wood.

1:18:32

It is set back um from the or it is located far away from the intersection, uh the true intersection of the property.

1:18:40

Um it is also uh partially covered by shrubs and greenery, um, which helps to conceal the fence um and keep it in line with the neighborhood character.

1:18:52

Three, whether the request is substantial given the limited length of the fence and the fact that it is set back further on the property um in uh what it feels like the side yard or practically is the side yard of the property, um, although it is a front yard of the property.

1:19:11

I do not believe it's substantial.

1:19:13

Um it is also only one to two feet higher than the permitted uh four foot in that area.

1:19:22

Four, whether request will have adverse physical or environmental effects.

1:19:26

No, the fence is far away from the um true true intersection of where cars might be turning.

1:19:34

Um environmental effects other than um that I can think of that would apply to this this fence.

1:19:41

Um five, whether alleged difficulty is self-created.

1:19:45

Yes, as the applicant said, the difficulty or the fence is self-created um due to uh the applicant installing the fence many years ago, but I do not believe that this is a reason for denial.

1:20:03

Fernando Arias?

1:20:05

Yes.

1:20:06

Carla Clapper?

1:20:08

Yes.

1:20:08

Mark McLean?

1:20:10

Yes.

1:20:10

Sherlin Abadier?

1:20:12

Yes.

1:20:12

Erica Aisner.

1:20:14

Yes.

1:20:14

Motion has been approved.

1:20:16

Thank you very, very much.

1:20:20

Next case tonight?

1:20:22

Case 17, 2026, 109 Fourth Street.

1:20:49

Okay.

1:20:49

Good evening, Aldo Vitaliano for the uh applicant.

1:20:52

Uh this is a uh church that's looking to uh utilize uh the former Portuguese uh social club.

1:21:00

Um it's a building that has no parking uh for it.

1:21:04

Uh basically is street to street, side to side uh for it.

1:21:08

So it's existing building.

1:21:09

It was used as a uh place of public assembly.

1:21:12

Um obviously we understand the need for parking based upon the zoning ordinance, but there's nothing we can do to uh provide it.

1:21:20

Uh church is seeking to be an active uh part of the community.

1:21:23

I believe they run a uh food bank already um at a different location.

1:21:28

With me is uh Reverend Serrano, uh if there are any questions in terms of his use.

1:21:34

His congregation has tried to accommodate uh parking by people in the congregation allowing uh congregants to park in their driveway for services uh for it, and they have uh he can go through what the typical services are if there's any questions related to that.

1:21:50

You understand?

1:21:51

Can oh I'm sorry.

1:21:53

Okay.

1:21:55

So just introduce yourself.

1:21:58

Good evening, ma'am.

1:21:58

Reverend Ricardo Serano, only about 200, Valentine Lane, Yancharis, New York, 10705.

1:22:10

Um the church has been in existence now for 38 years in the city of New Rochelle.

1:22:15

It's been renting in different locations.

1:22:18

I've been the senior pastor for the past 25 years.

1:22:22

And we just work with the communities, a small congregation.

1:22:25

Uh about 85 to 90 percent of the congregation lives within the community of this building.

1:22:32

So uh parking has never been an issue for us.

1:22:36

And we also have many of the people uh the congregate uh that own their own homes in the area allow us to use their driveways until out of some later time when we can do something about parking, but we never had a parking uh issue.

1:22:53

Like I said, most of the congregation is from the uh immediate area.

1:22:59

And uh we just work with the community, we have a full pantry.

1:23:04

We do a summer camp for the children uh every year.

1:23:08

It's a free summer camp.

1:23:11

Um basically we meet on Tuesday nights for about an hour and a half uh for prayer.

1:23:18

Then we meet on Friday nights also for about an hour and a half for Bible studies, and our main services on Sunday mornings from uh 10 a.m.

1:23:28

to 12 uh o'clock.

1:23:31

And uh like I said, there's never been an issue with parking.

1:23:42

Um I I just have a question uh for counsel.

1:23:45

Um I understand that this was a um a social hall prior to the current use.

1:23:52

Correct.

1:23:53

Um do you have any information on how that use was permitted without any parking?

1:24:04

I had no specific information as to whether it had received any kind of site plan uh approval uh for it.

1:24:10

Um I know the building was owned by former mayor uh Leonard Padawano, but I don't know any history um you know related to how it got its approval or was used that way.

1:24:22

Um I my understanding is that the the use of the social club is more active than what the church is using it for, but that again is anecdotal as well.

1:24:32

If that's the case, I mean it says we in our paperwork that the social club had an occupant load of 299 persons, and you're seeking approval for an occupant load of 350 of persons.

1:24:46

Not that that's before us necessarily, but um how do you how do you reconcile that with the fact that it's a lighter load?

1:24:57

I I can't speak to that.

1:25:00

Um that's the uh uh architected the plans in terms of his calculations of space, and I'm not sure whether it's tied to uh ingress egress and the site, exit emergency exits.

1:25:09

I'm not I'm not sure um exactly.

1:25:11

Obviously, they're looking to create a sanctuary space um you know for it, but I I can get information if that's an important element, but I don't I don't have anything right now.

1:25:21

I'm sorry, the um for uh the pastor, did you um did you say how many members does the church have?

1:25:30

Uh we're a little over a hundred.

1:25:33

But then, is that family memberships or is that a hundred people?

1:25:36

No, people.

1:25:38

Okay.

1:25:39

Yeah.

1:25:40

And how long have you operated as a church in this location?

1:25:44

30 years.

1:25:45

Not in this location.

1:25:46

We just purchased the property about uh two years ago.

1:25:48

They were elsewhere.

1:25:50

It's a little less than two years.

1:25:52

I am asking as to understand a little bit more about the history of parking of whether maybe your previous location.

1:25:58

I don't know if that's relevant.

1:25:59

Um if it is, if you want to speak to it, it's great, otherwise you don't need to answer the question.

1:26:05

As per your request.

1:26:07

We were renting at uh main street and uh embark.

1:26:13

And we again we have no parking, and we had no issues with the uh with the parking because it is a small congregation.

1:26:19

It's not the large.

1:26:20

We believe that we are going to grow with the services that we are providing for the neighbors.

1:26:26

Uh that's why uh when we got the architect to draw the plans, we figure we could go for the maximum capacity.

1:26:36

Because we expect to grow.

1:26:38

Well, you were saying as per the board's request, we did some research and we pulled the last file.

1:26:44

And there was the social hall was approved with no parking.

1:26:51

But no variants.

1:26:52

No variance.

1:26:56

Got it.

1:26:58

Okay.

1:26:58

Does anyone else have any questions?

1:27:04

So when you have the congregation services, how many people do you think you mentioned that there's parking around by drivers in the area, and then so there's how many people do you usually drive to the location?

1:27:18

Very few.

1:27:19

Most people walk.

1:27:20

They live within the immediate area.

1:27:22

Because I gotta tell you, I live literally across this this place.

1:27:25

And I know it's a nightmare of parking.

1:27:28

Well, the time zone we have the service is Tuesday night, is about 25 to 35 people.

1:27:35

Fridays might we might reach 50.

1:27:39

So it's very low numbers.

1:27:40

And uh on Sundays it's no problem at all.

1:27:43

I mean, we have the funeral home directly across from it.

1:27:47

And even when they have funeral services, they don't have any issues.

1:27:51

Yeah, because this is a very crowded, this is a very crowded area, so it's 4th Street.

1:27:56

You got traffic going both ways, it's all kind of traffic, and to not have parking to have that many people congregate is definitely an issue.

1:28:04

I could speak because I live there and I know the area extremely well.

1:28:08

So, you know, obviously, you know, zero parking when six in is required, and the congregation could, you know, is you know, especially you mentioned that it's gonna grow.

1:28:16

I only envision bigger problems coming down the road.

1:28:19

But also there is a uh city parking.

1:28:23

That is probably uh maybe five blocks.

1:28:25

So what was that?

1:28:26

City parking.

1:28:27

It's like uh uh an open park.

1:28:29

Meter parking.

1:28:32

And that's what some people that that drive, that's what they do.

1:28:35

They park there and they walk.

1:28:38

I'm sorry, I'm not following you.

1:28:40

Where is this meter parking from this location?

1:28:42

Uh I'm trying to remember the name of the street, it's past Washington.

1:28:48

I think it's the next block to the left.

1:28:53

Uh well, I could tell you that I live in the area for the last 30 years.

1:28:56

There's nobody to parking anywhere near there.

1:28:58

Well, there is a big parking there.

1:29:00

Part of it, people have permitted.

1:29:02

If there's a parking down on Union Avenue, is it small parking there?

1:29:05

Union, right.

1:29:06

On the bottom of union, that's correct.

1:29:08

No, I thought you were referring somewhere within four.

1:29:10

No, no, no, no, sir.

1:29:11

No.

1:29:11

That's what I meant.

1:29:14

But like I said, we also have some of the families that that are members of the congregation, they own homes within the area.

1:29:22

Um some of them have large uh driveways.

1:29:26

And they allow us to use it in the event that we need to.

1:29:31

Which is extremely rare, because like I said, it's a small congregation.

1:29:39

Okay.

1:29:40

Does anybody else have any other questions or comments?

1:29:42

There's no is there any opposition.

1:29:44

Opposition audience?

1:29:45

No.

1:29:46

Okay.

1:29:50

Anyone who wants to speak on this case, either way.

1:29:52

I should go home.

1:29:54

All right.

1:29:55

Would anyone like to make a motion on this?

1:30:00

Is that a yes?

1:30:01

You're questioning a little bit.

1:30:03

I I can be if you don't want to.

1:30:10

I would like to make a motion to approve case number 17-2026 Ricardo Serrano for permission for legalization of use conversion and associated alterization alterations legalized existing.

1:30:24

Whereas the proposed zero additional space required for the proposed conversion and increased occupants is less than the minimum required of 16 spaces.

1:30:34

Zero space existing for previous use in an NB zone district at the premises 109 4th Street, block 1340, lot 52 area variants.

1:30:55

And one, whether benefit can be achieved by other means feasible to applicant no, the building occupies pretty much the entire lot, um, practically the entire lot.

1:31:07

There is nowhere to put parking um without uh potentially tearing down the building in some way or modifying it significantly, um, which is not not feasible here, um, especially for a religious institution.

1:31:22

Two, undesirable change in neighborhood character or to nearby properties.

1:31:26

No, the um parking would not be um alterating altering the neighborhood character um as there is none currently, so adding or or giving a variance um for uh to provide zero parking spaces when the required is sixteen um does not change anything about about the properties.

1:31:50

It's not significantly or at all being altered.

1:31:53

Three, whether the request is substantial, although zero to sixteen spaces um seems substantial given the property is located um in an area where persons walk, and this is a use where people will um as the applicant has described walk to the property um for the the required or the the suggested use the request is is not substantial for whether request will have adverse physical or environmental effects.

1:32:26

Um as discussed, most um participants or um patrons of the place of worship worship walk to the facility.

1:32:37

Um so I don't foresee any physical or environmental effects, and five, whether alleged difficulty is self-greated.

1:32:44

Yes, the difficulty is self-created as the applicant um purchased the property to occupy, but I do not believe that this is a reason for denial.

1:32:53

I'll second that.

1:32:59

Fernando Arias?

1:33:00

No.

1:33:01

Carla Klappa?

1:33:03

Yes.

1:33:03

Mark McLean.

1:33:05

Yes.

1:33:06

Charlotte Abadier?

1:33:08

Yes.

1:33:10

Eric Aisner.

1:33:11

Yes.

1:33:12

The motion has been approved.

1:33:13

Thank you.

1:33:14

Thank you very much.

1:33:19

Next case tonight.

1:33:22

Is case 18, 2026, 132 Sickles Avenue.

1:33:44

Yeah, that's the thing.

1:33:48

State your name and address for the record, sir.

1:33:50

Uh Michael Master Giacomo, 10 Millen Avenue, Suite 100, Porchester, New York.

1:33:54

I'm the engineer for the project.

1:34:01

Okay, so what what we're presenting tonight, we're asking for two variances.

1:34:05

Uh, what we're looking to do is convert the existing three-story structure to a two-family, which is similar to the uh neighborhood and is allowed by zone.

1:34:14

Um, but in order to do so, we need we're just shy of the um lot area per dwelling unit.

1:34:21

We're supposed to have 3,500 square feet.

1:34:24

We're just shy of that by about 167 square feet.

1:34:28

And also the existing house with the enclosed porch in the front, which we are also legalizing, is over by the FAR at 0.46, where point four is required.

1:34:47

So we're here for those two variances in order to obtain approval to convert the structure to a two-family.

1:35:00

Can you speak to um any other uh undersized properties in the neighborhood that uh in the immediate area that have approvals for two families?

1:35:10

I did not do that kind of research um specifically because when I pulled up all the subdivision, the original subdivision plat for this area, all these lots were over what was required.

1:35:23

This lot for some reason has the back corner behind the gar the garage was carved out, and I think when they built the house to the right of ours, because that's kind of like on a very small lot.

1:35:33

Um don't know if that's fully a two-family or not.

1:35:36

I did not look that far into it, but I don't think even that one family kind of fits on that tiny lot as well as as far as zoning, but I could be wrong.

1:35:48

But the size of the variance that we're requesting is kind of minimal.

1:35:58

I think it would be helpful to understand um then what the neighbors are have around them as far as FIR for any two-family um dwelling units.

1:36:09

I think if you're able to come back with that information, I think that would help me significantly.

1:36:14

Also, with respect to the lot size.

1:36:17

I mean, you're supposed to have a certain amount of lot size in order to have two units.

1:36:23

This doesn't have it.

1:36:24

So you know, I I uh we need some sort of uh understanding as to why we should permit this variance.

1:36:31

Okay.

1:36:32

Um and investment purpose isn't really something we can consider.

1:36:36

So of course, of course, and it it's hard to buy any other property because the deed is the deed, and you know and the lot is the lot.

1:36:43

Right, and a lot is the lot, and we can't take for somebody else that has just enough for what they need.

1:36:47

Understood.

1:36:49

I I just want to let you know this, Michael.

1:36:51

Um during the planning board presentation when we you know they gave up They gave a neutral recommendation on this.

1:36:59

They weren't so happy the way the parking was arranged.

1:37:03

Okay.

1:37:03

Because they said that, you know, if it was arranged maybe a little bit differently, and I don't want to design it, you can figure it out.

1:37:09

Sure.

1:37:10

Um if one family had one row of cars and another one had another row of cars, then it might be easier for each family to egress the building.

1:37:20

Okay.

1:37:21

Sure.

1:37:21

Okay.

1:37:22

But that would require another variance because it may, but you know, it is what it is.

1:37:28

Okay.

1:37:29

Sure.

1:37:29

Yeah, I mean, I think I think they were on the fence about how that related to these variances that you're requesting, but also what they wanted to raise the issue in case it did generate new variances.

1:37:40

Okay.

1:37:40

Um because I think their point was, you know, if you are successful in some manner and you get to their board for site plan approval, that is going to be something that they're gonna they're gonna be analyzing and that they had concerns about.

1:37:54

Okay.

1:37:54

So they figured give you the heads up sooner rather than later, see if you can address it now.

1:37:57

Sure, better do it now as I'd have to come back for the case.

1:38:00

Exactly.

1:38:00

Of course.

1:38:02

Okay, so are you requesting an adjournment?

1:38:04

Yes, I am.

1:38:05

Okay, granted.

1:38:05

Thank you.

1:38:06

See you next month.

1:38:06

Thanks.

1:38:10

Next case this evening, case 19, 2026, 40 Green Place.

1:38:20

Yes, thanks.

1:38:26

Good evening, everyone.

1:38:28

Um, John Woodruff, the architect with offices on Moran Place and New Rochelle, and I'm here tonight for 40 Green Place with Martha Lopez.

1:38:37

And uh we are seeking an area variance for an off-street parking space in the front yard.

1:38:43

This house was built in 1926 and uh is officially 100 years old.

1:38:52

And um the existing garage on the house was always uh too small.

1:38:59

And uh Martha originally converted the eight by eighteen-foot garage into an exercise room before converting it to a fully accessible bedroom for her husband uh when he became ill about seven or eight years ago.

1:39:13

Um her husband is is it currently in palliative care, and she hopes to complete the room properly to potentially bring him home in the final stages of his illness.

1:39:24

Um this is the area where she's been currently parking, and you can see the garage door here, and we're hoping to just remove this garage door, put a window, and then keep this parking in this location.

1:39:38

Um of the considerations on the lot was to possibly put a parking space somewhere else, but we felt that moving the space would require significant modifications and would result in a hardship uh due to increased distance from the house and and a loss of yard space and and possibly um a um a sloping driveway.

1:40:04

And um this current setup has existed for over 20 years and that we felt it would be an acceptable uh uh place to park and remain a place to park.

1:40:16

Uh our driveway is long enough and wide enough that a park vehicle remains behind the site line, which is where the where the sidewalk is.

1:40:26

Um we'd be by keeping the off-street parking space, you're taking a car off the street, uh which is also helpful uh for emergency vehicles and snow plows and things like that.

1:40:39

And um we are not really setting a precedent in the neighborhood because I I have some pictures I can pass around where a lot of people in the area are parking in the driveway.

1:40:51

Um that's our case.

1:40:55

The other interesting thing is that uh here's our denial that we got.

1:41:00

But when I went into the building department and they said, hey, you could park somewhere else on the property.

1:41:05

Well, if you look at the site plan here, I have a 30-foot setback.

1:41:10

Right now, this house is 25 feet, so I really couldn't park anywhere in this area without a variance.

1:41:19

And then this I also have a second front yard, which is 25.

1:41:22

So I'd be 25 feet back, and then I would have a 20-foot or 18-foot parking space.

1:41:28

You'd end up paving half the yard.

1:41:30

Yeah, paving half the yard.

1:41:31

And also uh I built this addition in 1999 for the previous owner, who's Kathleen Gill lived in the house at the time.

1:41:39

And I remember we put all our dry wells here in the yard.

1:41:44

So it shouldn't be parking over those either.

1:41:47

Um but that's that's our our case tonight.

1:41:51

It's a very unique situation in the neighborhood.

1:41:54

Um that we need the parking space, and we're hoping that the board is considerate um in granting this variance.

1:42:03

Is there anyone in the audience?

1:42:05

No.

1:42:05

I have just a lot of people.

1:42:09

Also with us is the neighbor who lives directly uh next door to the to the house.

1:42:16

Uh, next to her house.

1:42:18

So, John, so I see a picture here.

1:42:21

So that little garage is now a bedroom.

1:42:24

Yes.

1:42:25

Okay, and that's the way you're trying to legalize.

1:42:27

Yes.

1:42:28

And now the parking space is going to be remain where that red car is or what?

1:42:34

Correct.

1:42:34

The parking space would remain with the red car.

1:42:37

We only need one parking space.

1:42:39

And if I I guess I could show you better from the plan here.

1:42:43

Okay, I do have that great place.

1:42:45

And one was that built?

1:42:47

Um this was No, they go wrong with the I know the house, I don't know, but uh the garage itself.

1:42:53

Was that something recently or has it been?

1:43:02

So originally it was a you know, a little gym, and then when her husband got sick, they made this a bedroom for him because this bathroom here is the only room with a bathroom with a shower upstairs as a tub.

1:43:16

So since he had a heart condition, he couldn't get up the stairs, so he would use this shower and he would um sleep in the room here.

1:43:25

John I I don't pretend to know how much space you need for a garage, but I just want to make you uh make sure I'm I'm an I understand it's impossible to park a car in this garage if it wasn't a bedroom.

1:43:38

But then you can't open the doors.

1:43:40

Okay.

1:43:40

All right.

1:43:40

For the record, I just want to get it.

1:43:43

Make sure that no future owner of this home could ever possibly use that garage either.

1:43:47

Correct.

1:43:48

John, you know, I know this is unusual circumstances.

1:43:52

You know.

1:43:53

I gotta look at this, man.

1:43:54

If you look at the front of the front yard set back, it's almost 93 percent.

1:43:58

The side yard is like 83 percent.

1:44:01

These are some significant numbers that you're gonna set up some bad precedents.

1:44:05

I understand all you know, all the human nature of the stuff.

1:44:09

But can you do you have any other reference of any other houses in the neighborhood shooting that you could uh just point out to make you know take some pictures on uh uh of the surrounding houses on a on a typical day and you can see a lot of driveway parking handing stuff up, you're slipping.

1:44:36

So this is twenty-two green place.

1:45:15

There is one other interesting history to this property.

1:45:19

Just to see it.

1:45:20

Some of the stuff we showed up before the lodges and also one just one of the 22.

1:45:33

I think the one directly next adjacent to you at 42, I believe it's 42.

1:45:52

Yeah, I do.

1:45:53

Would the neighbor like to say a few words seeing she came out?

1:46:01

Just state your name and address of the record.

1:46:04

Bernardette Amarosa.

1:46:09

And I live at 42 Green Place.

1:46:15

She's a wonderful neighbor.

1:46:17

She prides herself in enhancing the property.

1:46:21

She values property value.

1:46:23

Everything she does, she makes my house look much nicer than it does.

1:46:37

Great.

1:46:37

Thank you.

1:46:38

Thank you.

1:46:40

Does anyone have any other comments or questions?

1:46:48

The garage year, so the garage itself couldn't be expanded to accommodate a car in the future without a variance.

1:46:58

Not in the present role location.

1:46:59

Right, it would have to we'd need a right on the power body line.

1:47:02

Thank you for confirming.

1:47:24

Okay, I'll make a motion.

1:47:30

This is for case number 19-2026, Martha Lopez for permission to legalize conversion of a one-car garage to a bedroom and creation of one off-street parking space in the front yard to legalize existing.

1:47:44

Whereas the proposed two-foot front yard setback of the parking space to be legalized is less than the minimum required of 30.

1:47:52

Whereas the proposed one-foot side yard setback of the parking space to be legalized is less than the minimum required of six feet.

1:48:50

So regardless of whether we grant this variance or not, the car is going to be parked in the front yard.

1:49:04

Whether the requested variance is substantial, it is substantial.

1:49:26

I I would argue that it's not.

1:49:59

Yes.

1:50:00

Carla Klappa.

1:50:02

Yes, Mark McLean.

1:50:04

Yes.

1:50:04

Charlotte Abadier.

1:50:06

Yes.

1:50:07

Erica Aisner.

1:50:08

Yes.

1:50:09

The motion has been approved.

1:50:12

With that, I'm going to move to an administrative item on the calendar for case number eight-2025, Lenny Grinberg, to construct a new two-story edition with a covered patio at ninety-five prior terrace, block ten thirty-six lot fifty-two.

1:50:27

The owner is requesting a twelve-month extension on resolution eight-25.

1:50:32

And I move that we approve this administrative item.

1:50:37

Second Fernando Arias.

1:50:45

Mark McLean.

1:50:46

Yes.

1:50:46

Charlotte Abedir.

1:50:48

Yes.

1:50:48

And Eric Aisner.

1:50:49

Yes.

1:50:50

Motion's been approved.

1:50:51

And with that, I move that we close this meeting.

1:50:54

Motion to adjourn.

1:50:56

Motion to adjourn.

1:50:57

Second.

1:50:58

Thank you.

1:51:00

The meeting is over.

1:51:01

Good night.

1:51:01

Thank you.

1:51:02

Good night, everyone.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████████56%
Parking Management██████████████████23%
Public Safety████████10%
Historic Preservation█████6%
Procedural██3%
Transportation Safety1%
Engineering And Infrastructure1%
Summary of Proceedings

New Rochelle Zoning Board of Appeals Meeting - May 5, 2026

The New Rochelle Zoning Board of Appeals held a meeting on May 5, 2026, chaired by Erica Eisner. The board considered six variance applications, an adjourned case, and an administrative item. Public comments were heard on one case. The meeting resulted in approvals for four applications, adjournments for two, and a granted extension.

Public Comments & Testimony

  • Case 13 (21 Circuit Road): Multiple residents and the co-op next door spoke. Supporters (e.g., Anna Maria Zinzi, Curring Cravado) described severe parking shortages, safety concerns, and elderly residents struggling to find parking. Opponents (Evelyn Patron, attorney for the co-op; Samantha Florentino; Leves Zaninovich) raised safety issues including narrow driveways, pedestrian hazards, snow storage, and lack of traffic studies. The board noted the concerns about safety and illegible plans.

Discussion Items

  • Case 12 (12 Elm Ridge Drive): Applicant Stephanie Melinski requested a variance for 493 sq ft over the allowable FAR (0.335 vs 0.30) for a house addition. No opposition. Board approved.
  • Case 13 (21 Circuit Road): Applicant Aldo Vitaliano and Joseph Scalisi sought variances for a front yard setback (12 ft vs required 25 ft) and a compact car space exception to add 7 parking spaces. Board members found plans illegible and requested a lighting plan, site distance study, and clearer details. The case was adjourned to June 2, 2026.
  • Case 15 (106 Pershing Avenue): Applicant Mike McCann and homeowner Anderson Franco requested a variance for a combined side yard of 11.5 ft (required 20 ft) to build a new attached garage replacing an old non-conforming garage. No opposition. Board approved 4-1 (Fernando Arias dissenting).
  • Case 16 (40 Earl Place): Jody Lucena Picchardo sought to legalize a 6-ft wood fence on a corner lot where the second front yard limits fences to 4 ft. The fence provides safety for children and a dog. Board approved unanimously.
  • Case 17 (109 Fourth Street): Reverend Ricardo Serrano sought a variance for zero parking spaces for a church conversion (previous use as a social club had no parking). Congregation is small (about 100 people) and most walk. Board approved 4-1 (Fernando Arias dissenting).
  • Case 18 (132 Sickles Avenue): Engineer Michael Mastraiacomo requested variances for lot area (167 sq ft shy) and FAR (0.46 vs 0.40) to convert a three-story to a two-family. Board requested neighborhood comparables and noted planning board concerns about parking layout. Adjourned.
  • Case 19 (40 Green Place): John Woodruff presented for Martha Lopez to legalize one off-street parking space in the front yard (2 ft setback vs 30 ft required) after converting a garage to a bedroom for her ill husband. Support from neighbor. Board approved unanimously.

Key Outcomes

  • Case 12: Approved unanimously (5-0).
  • Case 13: Adjourned to June 2, 2026.
  • Case 15: Approved 4-1 (Fernando Arias opposed).
  • Case 16: Approved unanimously (5-0).
  • Case 17: Approved 4-1 (Fernando Arias opposed).
  • Case 18: Adjourned.
  • Case 19: Approved unanimously (5-0).
  • Administrative Item (Case 8-2025): Approved a 12-month extension for a prior resolution.

Meeting Transcript

Good evening, everyone, and welcome to this evening's zoning. I always forget that. Let me try that again. Good evening, everyone, and welcome to this evening's zoning board of appeals for New Rochelle on May 5th. My name is Erica Eisner. I'm the chair. That's okay. We okay. Our role is to apply the law to the specific facts presented to us by each applicant, which includes both the submissions that we have received and have reviewed, and the presentation made at this hearing or any prior hearing if you're here on an adjourned matter. Any written opposition that has been submitted in advance of the meeting or presented orally will be considered as well as any support for any application brought before us. In making our determination, we are responsible for applying a five-factor test to each application before us, and to permit only the minimum variants that we deem necessary and adequate while at the same time preserving and protecting the character of the neighborhood and the health, self-safety, and welfare of the community. The format for tonight's meeting will be as follows. Um Regina will call the roll to confirm who's present this evening for each application, both in support and in opposition. Then we will hear each application. The applicant will go first and make their presentation, and the board will then have an opportunity to ask questions of the applicant. Anyone else wishing to be heard on each application will have an opportunity to speak, but your comments will be strictly limited to three minutes. And we ask that you don't repeat anything that anyone else has said before you. Please know that for any uh motion to pass, you need four votes in favor. So, due to the two absences we have, if anyone would like to adjourn their application for this evening and come back next month, um, please let us know. Otherwise, um with that, I will return the mic to uh Regina. Good evening. The first case tonight, okay case number five, 2026 for 120 beautiful place for the audience and the people watching at home that has been adjourned until the June 2nd meeting. Case 12, 2026, 12 Elmage Drive, the applicants here. Oppositional voices to be heard on that. Case 13, 2026, 21 Circuit Road, the applicant is here. Applic um oppositional voices to be heard on that. New cases tonight is case 15, 2026, 106 Persian Avenue, the applicants here. Opposition of voices to be heard. Case 16, 2026, 40 Earl Place, the applicant is here. Opposition of voices to be heard on that. Case 17, 2026, 109 Fourth Street. Uh applicants here. Opposition of voices to be heard on that. Case 18, 2026. 132 Sickles Avenue, applicant here. Opposition of voices to be heard on that. And case 19, 2026, 40 Green Place, applicants here. Opposition of voices to be heard. Okay, so the first case tonight will be case 12, 2026, 12 Elm Ridge Drive. Good evening. I'm Stephanie Melinski with SM Architecture Studio. I'm presenting on behalf of my clients, David and Rona. So I presented the project at the April Zoning Board meeting, and just to summarize, we're proposing an addition to their residents to create functional living space to accommodate the needs of their family of five. But also a primary goal of the project was to enrich the exterior with architectural character and visual interest, thereby elevating the home's curb appeal. Scroll down here. So the addition fully complies with all other zoning requirements. And since the last zoning board meeting, I reduced the addition by 500 square feet, which is about half of the amount that we are over over the allowable at the April meeting. So we are now asking for only 493 square square feet over the allowable. And then I kind of reduced the addition at various other locations to um to achieve that reduction in square footage. And as you can see, there are a few other properties with comparable FARs.

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