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Port Chester Zoning Board approves two basement variances, denies appeal of New Broad Street compliance ruling
Summary
At its July 18 meeting the Port Chester Zoning Board of Appeals approved favorable findings for two applications to finish basements in two-family homes, denied an appeal seeking to overturn a zoning compliance certificate for a New Broad Street project, and advanced a Broad Street mixed-use plan for further findings.
The Port Chester Zoning Board of Appeals on July 18 approved favorable findings allowing finished basements at two two-family homes, denied an appeal of a zoning compliance certificate tied to the New Broad Street project, and moved a downtown mixed-use proposal closer to a formal decision.
Chairwoman Evelyn Petrone presided over the meeting at the Police Headquarters Building. The board voted 3-0 to approve Favorable Findings of Fact prepared by Village Attorney James Carpiniello for two separate applications submitted by Luigi DeMasi of DeMasi Architects to finish basements in existing two-story, two-family dwellings. The first application concerned 29 Central Avenue (Case No. 2024-0231) and the second 443 West Street (Case No. 2024-0230). In each case the board noted that finishing the basement would create what the zoning code treats as a three-story principal building and approved the favorable findings; Commissioners Falk and Morlino joined Chairwoman Petrone in the affirmative votes; D'Estrada and Simmons were recorded as absent.
The board then considered an application for interpretation challenging a Zoning Compliance Certificate issued December 20, 2023, in connection with Planning Commission case #2023-0251. Attorney Anthony Tirone, representing Neri Land Improvement/Neri's Bakery, sought to reverse or modify the administrator's determination. After review, Chairwoman Petrone summarized Disapproval Findings prepared by the Village Attorney and the board denied the appeal and approved Unfavorable Findings of Fact by a 3-0 vote.
Attorney David Cooper of Zarin & Steinmetz introduced a proposal on behalf of Broad Street Owner LLC for 44 Broad Street (Case No. 2024-0226), describing a signature mixed-use building intended to capitalize on proximity to the railroad station and to include pedestrian upgrades such as curb extensions and a widened sidewalk. Cooper outlined two variance requests: allowance of an additional curb cut where the code generally limits one curb cut per lot (§345.405.N-4) and permission for a loading-area rolling gate set back 10 feet 6 inches where the code requires a 20-foot setback (§345.405.N-4(2)(d)). On a motion by Commissioner Falk, seconded by Commissioner Morlino, the board closed the public hearing and directed the Village Attorney to prepare Favorable Findings of Fact for presentation at the board's August 18, 2024 meeting.
On a related matter (Case No. 2024-0229), Anthony Tirone appeared on behalf of Neri Land Improvement LLC seeking partial confirmation and partial appeal of a zoning determination for 41 Pearl Street. Planning Director Greg Cutler told the board he had issued a new zoning determination concluding that the application no longer requires variances; the board voted to adjourn that item to the August 15, 2024 meeting for further consideration.
The meeting concluded with a formal adjournment to August 15, 2024. Recorded votes and procedural motions were entered into the minutes for each item.
