What you will see in the two videos below, truly qualifies as prestidigitation. Let's break it down:
The developer proposes to legalize an existing single family home. Then, he proposes to demolish the entire home, including the foundation. Once complete, he will demolish the house of worship on the same tax lot, along with another single family home on an adjacent tax lot. All tax lots must then be combined to allow for a new structure.
Then, the developer proposes that a new, 4 story, non-residential structure be allowed to utilize the variance granted to a single family home? After it is ripped out, foundation and all?
The architect claims he doesn't "increase the degree of non-conformity." That's a tenuous argument considering that the degree of non conformity is based on EXISTING STRUCTURES. Additionally, the proposal would increase the degree of "non-conformity" of the bulk of the building.
The developer is saying that he should be allowed to grandfather an existing house that is about 8 feet high; demolish that house; build a brand new building 37 feet high of different occupancy and use.
That's a magical argument, no?
At the end of the 2nd video, you'll note the architect says: "so, ya know, technically--yes--that part is gonna be new." It should be duly noted that when he says "part," he means "ENTIRE NEW BUILDING."
This is a link to the Yorktown ZBA agenda hosted on the town's website that clearly states the application is" for a variance to legalize existing structures and allow construction of an addition with: 1) rear yard setback of 14’5” where 30 feet is required; 2) front yard setback of 29 feet where 30 feet is required; and 3) height of 37 feet where 35 feet is required in an R1-10 zone. Premises is located at 3500 Mohegan Avenue, Mohegan Lake, NY a/k/a Section 15.16, Block 2, Lots 50, 53, 54, 9 and 10 on the Tax Map of the Town of Yorktown."
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