[PAGE 1]
1. Jan 18, 2024
Zoning Board of Appeals Regular Meeting Materials
Documents:
01-18-2024 ZBA AGENDA.PDF
142 BRECKENRIDGE AVE G-11186 REPLACE GARAGE PERMIT SIGNED.PDF
G-11186 AS BUILT SURVEY WITH CL ANNOTATIONS FOR RELIEF
NEEDED.PDF
G-11186 AS BUILT SURVEY.PDF
G-11186 LETTER 10.24.2011.PDF
G-11186 PERMIT.PDF
G-11186 PROPOSED PLAN.PDF
11.28.23_ZBA USE VARIANCE.PDF
26 MERRITT ST ZBA .PDF
SIGNED ZBA APP 11.28.23.PDF

[PAGE 2]
Zoning Board of Appeals
January 18, 2024
Page 1
VILLAGE OF PORT CHESTER
ZONING BOARD OF APPEALS
AGENDA
January 18, 2024/7:00pm
350 North Main Street, Port Chester, NY 10573
FINDINGS
None
CONTINUED PUBLIC HEARINGS
1. Case #2023-0220 (Revised)
26 Merritt Street LLC Anthony Tirone, Esq. PLLC
McCain Brown 170 Hamilton Avenue, Suite 300
24-26 Merritt Street White Plains, NY 10601
Port Chester, NY 10573
On the premises 26 Merritt Street in the CD-4 Zoning District, being Section: 141.28, Block:
2, Lot(s): 34 on the assessment map of the Town of Rye, New York, an application submitted by
Anthony Tirone Esq. on behalf of 26 Merritt Street LLC/McCain Brown requesting a Use
Variance to convert and legalize the long-standing use from a 2 family residence with a
commercial wood working shop to a 3 family residence with a commercial woodworking shop.
unit.
NEW PUBLIC HEARING
2. Case #2023-0224
David Vitullo
142 Breckenridge Avenue
Port Chester, NY 10573
On the premises 142 Breckenridge Avenue in the CD-3R5 Zoning District, being
Section: 135.76, Block: 2, Lot(s): 22 on the assessment map of the Town of Rye, New York, an
application submitted by David Vitullo for an area variance pertaining to a replacement garage
with a rear yard setback of 4.7 feet and a side yard setback of 4.2 feet. Garage was to be
constructed with 5 ft. rear & side yard setbacks.

[PAGE 3]
Zoning Board of Appeals
January 18, 2024
Page 2
ADJOURN MEETING
NEXT MEETING:
February 15, 2024
THE ZONING BOARD OF APPEALS MEETING WILL BE HELD ON THE 3RD THURSDAY OF
EVERY MONTH AT 7:00 O’CLOCK IN THE EVENING

[PAGE 4]
Village of Port Chester
Building Department
222 Grace Church Street, Room 100 Port Chester, New York 10573
Phone: 914-939-5203
Building Permit
BUILDING PERMIT: G-11186 EXPIRATION DATE: 02/28/2024
STREET ADDRESS: 142 Breckenridge Ave TAX MAP: 135.76-2-22
USE CLASSIFICATION: R-3 CONSTRUCTION CLASSIFICATION: V-B
NUMBER OF STORIES: 2 ASSEMBLY OCCUPANT LOAD: N/A
NYS VARIANCE PETITION: #N/A FLOODPLAIN ZONE: N/A
ZONING DISTRICT: CD3-R5 ZONING USE: Single-Family Dwelling
SITE PLAN: N/A SPECIAL EXCEPTION: N/A
ZBA VARIANCE: N/A DWELLING UNITS: #1
Description of Work: Re-Issuance on 02/14/2023 for replace storm damaged detached garage.
Owner: Agent: Contractor:
David Vitullo David Vitullo David Vitullo
142 Breckenridge Avenue 142 Breckenridge Avenue 142 Breckenridge Avenue
PORT CHESTER, NY 10573 PORT CHESTER, NY 10573 PORT CHESTER, NY 10573
Phone: (914) 760-7901 Phone: (914) 760-7901 Phone: (914) 760-7901
Conditions of Permit: Plumbing, Electrical, HVAC, Fire Sprinkler and Fire Alarm contractors to obtain separate
permits as applicable. Schedule and obtain necessary inspections. Provide As Built Survey for Zoning Verification.
Cost of Construction: 25000.00
Total Fees Assessed: 700.00
Renewal Fees
Amendment Fees
Any false statements, information, plans or specifications submitted in support of this permit are punishable as a Class A misdemeanor. Further that
upon discovery that any false statements, information, plans or specifications submitted in support of this permit are illegal and subject to legal action
and this permit may be revoked.
All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of this application for
permit. I understand that as the owner, agent and permit holder, I shall immediately notify the Building Inspector of any changes occurring during the
course of work and further understand that if the Building Inspector determines that such change warrant a new or amended permit or plans, such
changes shall not be made until and unless a new or amended permit reflecting such changes is issued. I agree not to occupy this building/structure until
a certificate has been issued for the same upon completion of the description thereof in compliance herewith.
ASSISTANT/BUILDING INSPECTOR Issued Date: 02/28/2023

[PAGE 8]
Village of Port Chester
Building Department
222 Grace Church Street, Room 100 Port Chester, New York 10573
Phone: 914-939-5203
Building Permit
BUILDING PERMIT: G-11186 EXPIRATION DATE: 02/28/2024
STREET ADDRESS: 142 Breckenridge Ave TAX MAP: 135.76-2-22
USE CLASSIFICATION: R-3 CONSTRUCTION CLASSIFICATION: V-B
NUMBER OF STORIES: 2 ASSEMBLY OCCUPANT LOAD: N/A
NYS VARIANCE PETITION: #N/A FLOODPLAIN ZONE: N/A
ZONING DISTRICT: CD3-R5 ZONING USE: Single-Family Dwelling
SITE PLAN: N/A SPECIAL EXCEPTION: N/A
ZBA VARIANCE: N/A DWELLING UNITS: #1
Description of Work: Re-Issuance on 02/14/2023 for replace storm damaged detached garage.
Owner: Agent: Contractor:
David Vitullo David Vitullo David Vitullo
142 Breckenridge Avenue 142 Breckenridge Avenue 142 Breckenridge Avenue
PORT CHESTER, NY 10573 PORT CHESTER, NY 10573 PORT CHESTER, NY 10573
Phone: (914) 760-7901 Phone: (914) 760-7901 Phone: (914) 760-7901
Conditions of Permit: Plumbing, Electrical, HVAC, Fire Sprinkler and Fire Alarm contractors to obtain separate
permits as applicable. Schedule and obtain necessary inspections. Provide As Built Survey for Zoning Verification.
Cost of Construction: 25000.00
Total Fees Assessed: 700.00
Renewal Fees
Amendment Fees
Any false statements, information, plans or specifications submitted in support of this permit are punishable as a Class A misdemeanor. Further that
upon discovery that any false statements, information, plans or specifications submitted in support of this permit are illegal and subject to legal action
and this permit may be revoked.
All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of this application for
permit. I understand that as the owner, agent and permit holder, I shall immediately notify the Building Inspector of any changes occurring during the
course of work and further understand that if the Building Inspector determines that such change warrant a new or amended permit or plans, such
changes shall not be made until and unless a new or amended permit reflecting such changes is issued. I agree not to occupy this building/structure until
a certificate has been issued for the same upon completion of the description thereof in compliance herewith.
ASSISTANT/BUILDING INSPECTOR Issued Date: 02/28/2023

[PAGE 10]
26 MERRITT street
FOR ZBA
SCOPE : change of occupancy / alteration
this design is in compliance with EBCNYS2020
drawing list
DWG. NO. DRAWING TITLE
T-100 PROJECT INFO / SCOPE OF WORK
zoning information
D-100 PROPOSED DEMOLITION PLANS
A-100 PROPOSED PLANS & ELEVATIONS
ZONE : C1
REQUIRED EXISTING PROPOSED
LOT WIDTH 18'-60' 58.39' NO CHANGE
property information IMPERVIOUS COV. 80% MAX 5447SF (92%) NO CHANGE
FRONT SETBACK 0' 0' NO CHANGE
SIDE SETBACK 0' 0' NO CHANGE
ZONING INFORMATION: LOT INFORMATION: REAR SETBACK 3' .5' NO CHANGE
SECTION 141.28 USE MIXED HEIGHT 3 STORIES MAX 3ST. NO CHANGE
BLOCK 2 LOT SIZE .13 acres FACADE BUILDOUT 60% MIN +/- 80% NO CHANGE
*5 LESS SPACES
LOT 34 AREA 5662.8 sf OCCUPANCY 345.405.K-1 R-3/M/F R-2/F
NEEDED FOR UPDATED
ZONE C4 PARKING 345.405.N-1 9 SPACES 4 SPACES* OCCUPANCY
tax map
EBCNYS Ch.13 - Performance
EXISTING
WOODSHOP
Compliance
altered
bedroom
ceiling 104
8'-6"
140sf
G
S.U.
H
closet
ceiling
bath exhaust 8'-6"
altered
closet lc E bathroom
F 103
general notes:
D
new
dryer exhaust C w/d ref
ra h n o g o e d & these plans are the property of pencil
altered
hood exhaust kitchen projects architecture studio , pllc (also
102 ceiling referred to as "ppas"). any use or
8'-6"
S.U.
dw
sink reproductions in whole or in part
altered room 1
living / without the written authorization of
dining
ppas is prohibited.
101
250sf
ceiling altered
8'-6" entry S.U. do not scale drawings.
102
building info
ceiling all interior dimensions are given from
coat 8'-6"
face of rough partition to face of
rough partition, unless otherwise
CONSTRUCTED : 1935
noted on the drawings. if dimensions
EXISTING PROPOSED
need clarification, please notify the
OCCUPANCY MIXED/F-1, B, R-3 MIXED/F-1, R-2 architect.
a-200 a-200
CONST. TYPE 5B NO CHANGE
# OF RES. UNITS 2 3 no note, detail or lack thereof shall be
# OF COMMERCIAL 2 1 construed as relieving the contractor
BLDG HEIGHT 2-1/2 STORIES NO CHANGE from executing all work in accordance
LOADING ZONE
with building codes having jurisdiction.
BASEMENT FULL / UNFINISHED NO CHANGE
GROSS FLA 6859 sf NO CHANGE
the architect assumes no responsibility
for construction means, methods,
design statement
techniques, sequences, or procedures
of the safety precautions and
to the best of my knowledge, belief, and professional judgement, the plans and proposed scopes of work programs in connection with this
specifications depicted on these drawings are in compliance with the applicable 1 work
provision in the new york state uniform and fire prevention and building code and SCALE : 1 " = 1'
8
the new york state energy conservation code currently in effect. the plans are designed
in accordance with the national electrical code nfpa 70 2017 edition.
CONSULTANTS ARCHITECT PROFESSIONAL SEAL PROJECT START 2021-21.1 CLIENT
FOR REVIEW 4.6.2022 11.28.23 26 MERRITT street
PROGRESS 5.27.22
FOR ZONING BOARD OF APPEALS - USE VARIANCE March 1, 2022
PORT CHESTER REVIEW 6.13.22
UPDATED FOR PORT CHESTER REVIEW 8.1.22 PROJECT PORTION PROJECT t-100
FOR TRAFFIC COMMISSION 9.1.22 project info / scope
EXTERIOR ALTERATIONS
CORDINATION 5.1.2023
FOR BUILDING PERMIT 7.1.2023
26 merritt street
ALTERED FOR BUILDING PERMIT 10.8.23 AGREEMENT CLIENT APPROVED DOB APPROVED OTHER
ALTERED FOR DOB COMMENTS 11.6.23 - -
981 MAIN STREET
FOR ZONING BOARD OF APPEALS - USE VARIANCE 11.28.23 NEW ROCHELLE, NY 10801 port chester ny
DRAWN BY: DD/MB SCALE REFERENCE TO: DRG No.
914-315-9605 DANIELLE DEVITO, RA
drawings are property of pencil projects architecture studio and reproduction without consent is prohibited by law

[PAGE 11]
FOR ZBA
existing
room 3
gut to studs
ex. toilet
remove doors room
gut to studs
remove all
fixtures, fittings
and finishes in
kitchen
existing
kitchen
gut to studs
existing
room 1
room 1
gut to studs
existing
room 2
gut to studs
remove portion
of wall for
new entrance
remove doors and window
and portion of walls to
accommodate garage door
and new entrance door
remove (2)
picture windows
proposed demolition plans
1
SCALE : 1/4" = 1' - 0"
existing component to remove
CONSULTANTS ARCHITECT PROFESSIONAL SEAL PROJECT START 2021-21.1 CLIENT
FOR REVIEW 4.6.2022 11.28.23 26 MERRITT street
PROGRESS 5.27.22
FOR ZONING BOARD OF APPEALS - USE VARIANCE March 1, 2022
PORT CHESTER REVIEW 6.13.22
UPDATED FOR PORT CHESTER REVIEW 8.1.22 PROJECT PORTION PROJECT ex-101
FOR TRAFFIC COMMISSION 9.1.22 demolition plan
EXTERIOR ALTERATIONS
CORDINATION 5.1.2023
FOR BUILDING PERMIT 7.1.2023
26 merritt street
ALTERED FOR BUILDING PERMIT 10.8.23 AGREEMENT CLIENT APPROVED DOB APPROVED OTHER
ALTERED FOR DOB COMMENTS 11.6.23 - -
981 MAIN STREET
FOR ZONING BOARD OF APPEALS - USE VARIANCE 11.28.23 NEW ROCHELLE, NY 10801 port chester ny
DRAWN BY: DD/MB SCALE REFERENCE TO: DRG No.
914-315-9605 DANIELLE DEVITO, RA
drawings are property of pencil projects architecture studio and reproduction without consent is prohibited by law

[PAGE 12]
"5-'21
"1-'2
"1-'2
11'-4"
"01-'8
"6-'11
6'-3" 4'-0" 7'-7"
"0-'2
"7-'5
FLUSH
3'-2"
"0-'3
split unit
condenser
on 1 story roof
per 508.4 - 2
hour separation
between "F" &
R-2
g
b d
2 hour rated
party wall
altered
between units
bedroom
1 hour rated
ceiling
104 ceiling
8'-6"
140sf
G
SSDD
new split S.U. CCOO
H
units
ggffii d
closet
ceiling
bath exhaust
8'-6"
3'-10" 2'-1" altered E S closet lc SSDD CCOO bathroom
F
103
D
f
new
C w/d ref
dryer exhaust
b d range & LEGEND
hood
1 hour rated
altered
ceiling nneeww ffrraammeedd wwaallll
hood exhaust kitchen
eexxiissttiinngg wwaallll ttoo rreemmaaiinn
102
ceiling
8'-6"
S.U. altered eexxiissttiinngg wwaallll ttoo rreemmoovvee
dw
new door
living / sink
wwaallll aabboovvee
dining
room 1
UUPPDDAATTEE TTOO DDRRAAWWIINNGG
101
WWIITTHH DDAATTEE
motion controlled
250sf
DUPLEX OUTLET PENDANT
GFI OUTLET
ggffii OVER TABLE
FIXTURE
existing dropped ceiling altered c J LED RECESSED
beam and post 8'-6" entry
support to 1 hour rated
SWITCH - dimmable typical
remain 102 ceiling motion
3-way
SSDD CCOO COMBO SMOKE/CO2
ceiling S.U.
8'-6" SCONCE
I
WIRE
S.U. NEW SPLIT UNIT
3'-3" 10'-0" 2'-0" 3'-0"
new overhead
new door
garage door
new fence & gate
a-200 a-200
"4-'2
existing dormer to remain
remove paneling and provide
FOR ZBA
stucco
parge, repair and paint existing
stucco finish
raise existing roof & parapet
height (+/-3'-0")
new overhead garage door
(white)
original shop
line up with
entrance
windows above
and building
beyond to remain
new brick soldier
course headers
2 6
new door with gable trim work -remove all wood paneling on remove existing gate and replace with new remove existing door and vestibule new overhead garage door above to match original entrance front facade black aluminum fence & 42" gate replace windows with double hung (white) with brick soldier
setback +/-24"
-provide new stucco finish painted white frame to match existing course header
new exterior light fixture new exterior light fixture
proposed elevations
2
SCALE : 1/4" = 1' - 0"
A
proposed plans existing facade
1 3
SCALE : 1/4" = 1' - 0" SCALE : NTS
CONSULTANTS ARCHITECT PROFESSIONAL SEAL PROJECT START 2021-21.1 CLIENT
FOR REVIEW 4.6.2022 11.28.23 26 MERRITT street
PROGRESS 5.27.22
FOR ZONING BOARD OF APPEALS - USE VARIANCE March 1, 2022
PORT CHESTER REVIEW 6.13.22 a-100
UPDATED FOR PORT CHESTER REVIEW 8.1.22 PROJECT PORTION PROJECT
FOR TRAFFIC COMMISSION 9.1.22 proposed plans
EXTERIOR ALTERATIONS
CORDINATION 5.1.2023
FOR BUILDING PERMIT 7.1.2023
26 merritt street
ALTERED FOR BUILDING PERMIT 10.8.23 AGREEMENT CLIENT APPROVED DOB APPROVED OTHER
ALTERED FOR DOB COMMENTS 11.6.23 - -
981 MAIN STREET
FOR ZONING BOARD OF APPEALS - USE VARIANCE 11.28.23 NEW ROCHELLE, NY 10801 port chester ny
DRAWN BY: DD/MB SCALE REFERENCE TO: DRG No.
914-315-9605 DANIELLE DEVITO, RA
drawings are property of pencil projects architecture studio and reproduction without consent is prohibited by law