1 25 11 https://sleepyhollow.localarchives.org/files/original/91d3e76b04c6de765b9f945acd4e3bc8.pdf 5690b244e801c5944503cc3fbb4dd654 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING December 18,2002 '^ J//9/03 DECEIVED The meeting started at 8:00 P.M. A quorum was not present. Present: Eliot Martone Linda Moiron Absent: James Galgano Robert Anello, Chairman Sean McCarthy Tom Capossela Peter Koffler VILLAGE CLERK Also Present: Ed Lammers (Murphy, Stecich & Powell/Village Attorney) Anthony Del Vecchio (Recording Secretary) Agenda: 1) James Fuller 547 Munroe Ave 2) Minutes of the November 2002 meeting Announcements: There were none. 1) James Fuller Nobody was present for this application. A gentleman attended the meeting based on a public notice he received for the application of Cirillo Rodriguez. Since this was not on the scheduled agenda and nobody was present for the application, Ed Lammers referred him to the Building Department. 2) Minutes of the November 2002 meeting The minutes will be reviewed at the next meeting. Adjourned at 8:25 p.m. to next meeting. Respectfully Submitted, Anthony Del Vecchio , . ^ , - L _ . ^ ^ ^ * ^ ^ i S «j,^^s*i s *, ii^S»-r.•»"„£ir^KK-I?;»s-sftr'£ktlh£-£-;^w^i£vJ*«•*«i.a££3s5oa*tf^5e- :js^^^kf^^S^S^^^dSSS^^^^^^: � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2002 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_2002-12-18 Subject The topic of the resource Zoning Board Minutes & Resolutions-2002 Date A point or period of time associated with an event in the lifecycle of the resource 2002 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/2bc64ad3fd6d4151dbc49c8c31f20d60.pdf 76a9ee00dfeb800cd4e836e3e60ffbb3 PDF Text Text dCf^L^^rs^^L^ VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING November 20, 2002 RECEIVED DEC 2 7 MM The meeting was called to order at 8:02 P.M. by Robert Anello, Chairman. VlfelGMii£n©te8R& a quorum was present. Present: Robert Anello, Chairman Sean McCarthy Peter KofBer Eliot Martone Linda Moiron Tom Capossela Absent: James Galgano Also Present: Ed Lammers (Murphy, Stecich & Powell/Village Attorney) Robert Stiloski (Director, Department of Fire & Life Safety) Anthony Del Vecchio (Recording Secretary) Agenda: 1) Bill Carraro 24 Hemlock Drive 2) Loren Fox & John Baran 260 Millard Ave 3) J. Baglieri Trust 35 Elm Street 4) Carlos Rodrigues 19 Hudson Street 5) Daniel Beaton 309 N. Washington Street 6) Interpretation of rear yard setback for accessory uses 7) Minutes of the October 2002 meeting Announcements: There were none. 1) Bill Carraro This is an application for an area variance to construct an open porch. The applicant is requesting a front yard variance from the required 30-foot minimum to a 26 AA footminimum. The Chair asked if the returns were received. Bob Stiloski responded yes. The public notice was read aloud. Bill Klineman is the project architect. He is representing this application along with Bill Carraro. ^/9/o^ �Bill Klineman gave a brief overview of the proposed porch. The Chair asked if the applicant is meeting the front yard setbacks. Ed Lammers stated that the side yard is actually the front yard. Bill Klineman stated that they are equal front yards. The Chair stated that the applicant has difficulty in meeting the requirement of two (2) front yards. Bill Klineman distributed photos of the existing house and the proposed location of the porch. The Chair stated that the Board had received the following: 1) Application. 2) Building plans. The Chair asked if the application has been before the Architectural Review Board. Bill Klineman responded no. The Chair asked about the roof. Bill Klineman responded that it would be a typical shed-type roof. Sean McCarthy asked about the width of the porch. Bill Klineman responded that it would be lO'-wide. The Chair asked why a variance was needed. Bill Klineman responded that an 8'-wide porch would be too tight. He stated that the owner wanted the porch to be on the proposed side rather that the rear side. He also stated that the porch is keeping in character with other houses in the neighborhood. Bill Carraro stated that the house already has a patio in the rear. The Chair opened the public hearing. There was no public comment but Ed Lammers submitted two (2) letters that were sent into the Board. The Chair read the letters aloud for the record. Both letters approved of the proposed work. Eliot Martone made a motion to close the public hearing. Tom Capossela seconded. It was unanimous. (6-0). The Chair stated that the variance is minimal and it is in character with the neighborhood. He stated that a smaller porch would not achieve the same benefit. He also stated that there is no significant impact to the area. Zoning Board of Appeals Meeting, November 20,2002 2 �Eliot Martone made a motion to approve this application subject to approval from the Architectural Review Board. Tom Capossela seconded. It was unanimous (6-0). 2) Loren Fox & John Baran This is an application for an area variance to construct a rear addition. The applicant is requesting the following variances: 1) Combined side yard setback of 25 feet is required when only 21.7 feet is available. 2) Minimum rear yard setback of 25 feet is required when only 20.3 feet is available. 3) Maximum lot coverage is 20% when the structure will cover 26.9 % of the lot. The Chair asked if the returns were received. Bob Stiloski responded yes. The public notice was read aloud. Sean McCarthy is the project architect and is representing this application. He stated that this application was previously approved at the March 2001 Zoning Board meeting. He stated that the owners were unable to obtain a building permit due to the inability to secure a contractor within the one-year time frame. The Chair read the minutes from the March 2001 Zoning Board meeting. The Chair asked if Architectural Review Board approval was obtained. Sean McCarthy responded yes. He stated that their approval must be renewed. The Chair opened the public hearing. There was no public comment Eliot Martone made a motion to close the public hearing. Peter Koffler seconded. It was unanimous. (5-0) (McCarthy abstained). Eliot Martone made a motion to approve the application as previously submitted and approved. Linda Moiron seconded. It was unanimous (5-0) (McCarthy abstained). 3) Baglieri Trust This is an application for an area variance to legalize a rear yard addition that would require that the applicant have a lot width of 40 feet when the applicant possesses a lot width of 30 feet. The Chair asked if the returns were received. Zoning Board of Appeals Meeting, November 20, 2002 3 �Bob Stiloski responded yes. The public notice was read aloud for the record. The Chair stated that the Board had received the following items: 1) application 2) building plans Penelope Morgan is the attorney representing the Josephine Baglieri Trust along with architect, Jon Turnquist. She gave a history of the trust. She stated that the extension was at least 25 years old. She stated that the need for a variance came up when the potential sale of the house discovered a 1958 survey that did not include the extension. Jon Turnquist spoke about the addition. He stated that the roof on the addition is about 20 years old. He also stated that it is hard to tell the age of the extension but he stated that the extension is substantially old. Sean McCarthy asked if the sheds on the plansTiavet)een removed. Jon Turnquist responded yes. The Chair stated that this is an extension of an existing non-conforming use. Penelope Morgan stated that the bedrooms for the 1st floor are in the rear addition. She stated that without the rear addition, the apartment residents would not have a place to sleep. Peter Koffler asked if the building was always a 2-family structure. Bob Stiloski responded yes. Peter Koffler asked if the property is on the Village tax roll as a 2-family structure. Bob Stiloski responded yes. The Chair asked if the applicant needs a use variance. Penelope Morgan responded no. ~She stated that the property is zoned correctly. The Chair opened the public hearing. Since there was no public comment, Eliot"Martone made a motion to close the public hearing. Peter Koffler seconded. "It was unanimous (6-0). The Chair stated that there is no other way to resolve the applicant's request without a variance. He also stated that the house is not out of character with the neighborhood and it cannot be determined if it is a self-created hardship. Tom Capossela asked if the Building Department has inspected the house. Zoning Board of Appea1s~MeetingrNovenibfcr 20,2002 4 �Bob Stiloski responded yes. Peter Koffler made a motion to approve the variance. Eliot Martone seconded. It was unanimous (6-0). 4) Carlos Rodrtgues This is an application for an area variance to convert a one (1) family residence to a two (2) family residence and to repair the existing garagelocated in the front yard when the zoning code states that garages in the front yard are prohibited. The public notice was read aloud for The record. The Chair asked if the returns were received. Bob Stiloski responded yes. The Chair stated that the Board had received the following items: 1) application 2) zoning data 3) short EAF 4) survey 5) building plans 6) Letter denying the building permit. Jon Turnquist is the project architect. Tie is representing this application along with the owner Carlos Rodrigues. Jon Turnquist spoke about the existing residence and the proposed layout. He stated that the electrical and plumbing systems are very outdated. Tie stated that the applicant is planning to replace the garage roof and exteriors. He showed photos of the neighbor's properties to show the multi-family residences that do nofliave parking on-site. "He stated that adequate parking on-site is available. Peter Koffler aslced if the property is an existing twoX2)Tamily residence. Jon Turnquist responded that it is an existing one (1) family but there is prior evidence of a second apartment. He stated thafMt. Pleasant tax roflslndicate a two (2)TamHy residence but Sleepy Hollow tax rolls list the property as a one (1) family. The Chair asked why was a variance needed. Jon Turnquist responded that the applicant meets the zoning requirements for a two (2) family residence. He stated that to offset The costs of renovating the property, the applicant is requesting a variance. The garage would provide the required parking needed for a two (2) family residence. "He also stated that the property is an eyesore to the neighborhood. Zoning Board of Appeals Meeting, November 20, 2002 5 �Eliot Martone asked if the applicant could recover his costs by renting the property out as a one (1) family. Jon Turnquist responded that there is not much cost difference in a one (1) family or two (2) family in terms of the renovation costs. He stated that the repairs are extensive. The Chair asked how the property is currently used. Carlos Rocfrigues responded that the property lias l)een vacant for 10 years. The Chair asked if prior to the vacancy, was the property was used as a one (1) family. Bob Stiloski responded yes. The Chair asked for the percentage of houses in the area that are multi-family. Carlos Ro<^rigues responded that all of the surrounding properties are multi-family. Jon Turnquist stated that the proposed changes would not increase the building footprint. The Chair stated lhat in order to not require a variance, the applicant could Icnock down the structure and move the house back 22 feet. He also stated that the applicant is not asking for a variance for a two"X2)Tariifly residence. The Chair asked if an estimated cost is available. Jon Turnquist responded $ 175,D0O. i The Chair opened the public hearing. Don Catai|oX33"Lawrence7Vve) spoke. Tie stated fhafhelsln favor oTthe proposed . application. He stated that the property is on the tax roll as a two (2) family residence. There was an open discussion on the variances that the applicant was seeking. Since there was no further public comment, Sean McCarthy made a motion to close the public hearing. "Linda Moiron seconded. I t was unanimous"(6-0). Sean McCarthy asked if the applicant would install a new roof and doors on the garage. Jon Turnquist responded yes. Eliot Martone asked if Architectural Review Board approval was required. Jon Turnquist responded yes. There was an open discussion on whether the applicant should tear down the existing structure and start over or to allow the applicant to renovate. Jon Turnquist stated that there is some value in the existing framing and utilities. Zoning Boar^oTAppealsTWeeling^oveniber^Oj^OO^ 6 �Sean McCarthy made a motion to approve the applicant1 s request for a variance subject to Architectural Review Board and Building Department approvals. Linda Moiron seconded. It was approved {5-~l)XCapossela). 5) Daniel Beaton This is a request for an area variance. The applicant is proposing to convert a two (2) family to a six^S) family residence that would require the applicant to have a rear yard of 25 feet when the applicant possesses a rear yard of 14 foot rear yard (or 15 foot depending on the interpretation of the location of the rear yard). The public notice was read aloud. The Chair read the minutes from fhe~September 2002 meeting showing that the application was denied. The Chair stated that the application must be substantially different. Ed Lammers stated that the applicants' position is that the application is substantially different. Jeffrey Shumejda is the attorney representing the applicant Daniel Beaton. He stated that the application Is substantially different. Tie spoke about the proposed changes to the structure and the overall layout. Eliot Martone stated that the application is the same as the application that was recently denied a variance at the September2002 meeting. "He stated that the applicant is using a different method to try and achieve the same variance. The Chair stated that the applicant should show the specific code section that warrants the re-consideration of the application prior to the six (6) month wait period for an applicatiorj to "be re-presented oncelfs cleriied. Jeffrey Shumejda responded code section §62-47. The Chair read code section~§62-47 alouHTor the record. Tie stated that the variance Is the same. He stated that the applicant is requesting different conditions on the same variance. The Chair stated that the application does not meet the criteria for re-consideration. He stated that they are public safety,~health, comfort, welfare arid prosperity.TheThair stated that the applicant should state what has changed in the neighborhood to warrant the reconsideration of the application. Jeffrey Shumejda responded that he disagrees with the Chairman statement. He stated that the proposal meets the criteriaTor re-consideration. Zoning Board of Appeals Meeting, November 20,2002 7 �The Chair stated that the applicant must still get the same variance approved. Jeffrey Shumejda stated that the applicant was initially asking for a variance from the rear yard setback from 25 feet to 15 feet. He stated that based on the interpretation of the rear yard, a variance of 16 feet was sought, or the applicant was asking for an interpretation of the Building Inspectors assumption that the west side of the property is the rear yard. The Chair stated that one (1) foot was not substantial enough to qualify for reconsideration under code section~§62-47. Jeffrey Shumejda stated that the interpretation is on the rear private road. He stated that the variance is almost not needed. The Chair stated that the public notice does not reflect that information. The Chair polled the Board to hear their opinion on whether The application Is substantially different. Tom Capossela stated that the application was too similar to the previously denied application and that the applicant should wait six (6) months. Sean McCarthy abstained from commenting. Linda Mojron stated that sheTelt the application was too similar to the previous application. Peter Koffler stated that code section §62-47 exists to prevent the resubmission of substantially similar applications.Tle stated that the application is too similar. Eliot Martone agreed with Peter Koffler. Jeffrey Shumejda stated that fhe~Board is not properly addressing the interpretation issue. The Chair responded that the public notice is incorrect. Peter Koffler made a motion to deny the application without a public hearlngl>ased on code section §62-47. Linda Moiron seconded. It was approved (5-0-1) (McCarthy abstained). The Chair recommended that the applicant speak to the Building Inspector regarding the setback issues. 6) Interpretation of rear yard setback for accessory uses There was an open discussion on the setbacks. Ed Lammers reviewed the rear yard setback requirements of other local municipalities. Zoning BoarcT6TAppealslVreefing,T?ovember20,2002~ "$ �The Chair stated that the Village Planner should look at the setbacks of different neighborhoods. The Chair stated that the Village Trustees should also be aware of the Board's decision to change the Interpretation of rear yard setbacks. 7) Minutes of the October 2002 meetingThe minutes for October 2002 were reviewed. EliotTvIartone made a motion to approve the minutes as submitted. Linda Moiron seconded. It was unanimous (5-0-1) (Chairman Anello abstained). Eliot Martone made a motion to adjourn. Tom Capossela seconded. It was unanimous (6-0). Adjourned at 9:39 p.m. to next meeting. Respectfully Submitted, Anthony I)el Vecchio Zoning Board of Appeals Meeting, November 20, 2002 -S*;.;,rr»«1-*fe:i«s^^ �Public Notice Notice is hereby given, that the Board of Appeals of the Village Of Sleepy Hollow will hold a public hearing on Juan Ordones 23 Andrews Lane Sleepy Hollow, NY 10591 for a variance of the of Sleepy Hollow Ordinance to permit the following: • • • • Off street parking for two (2) cars; Lot width variance of 3 8.9 feet where 40 feet is required; Front yard setback of 2.1 feet where 20 feet is required; Side yard setback of 3.3 feet where 15 feet is required. This being a variance of Article 1 Section 62-40 sub section B & Cforproperty owned by the applicant and located on 23 Andrews lane Sleepy Hollow, NY 10591 designated as Section 15 Block 8 lot 13 on the village map of the Village of Sleepy Hollow in a R-5 Zoning District Said hearing will take place on the 19 day of March 2003 at the Village Hall offices. 28 Beekman Ave. Sleepy Hollow, NY at 8:00 P.M. At the hearing all persons appearing in favor of or in opposition to the above applicant will be heard Attendance at said hearing is not required. Applicant or hisrepresentativewill be present RECEIVED F EB M 2003 WUAGE CLERK vte^r^Ste-sjiJi'^i^ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2002 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_2002-11-20 Subject The topic of the resource Zoning Board Minutes & Resolutions-2002 Date A point or period of time associated with an event in the lifecycle of the resource 2002 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/e4a539163877d61d45f214b172d143b4.pdf 7bb60ea426a805a1f0613e7cb7d94113 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING October 16, 2002 RECEIVED ^ NQy _ g The meeting was called to order at 8:04 P.M. by Peter Koffler , Acting Chairman JT|ieCl^ir noted that a quorum was present. \; Present: Peter Koffler, Acting Chairman Eliot Martone Linda Moiron James Galgano Tom Capossela Absent: Robert Anello, Chairman Sean McCarthy / /l/^n/ ^ '(&*J/0 ^ Also Present: Ed Lammers (Murphy, Stecich & Powell/Village Attorney) Robert Stiloski (Director, Department of Fire & Life Safety) Anthony Del Vecchio (Recording Secretary) Agenda: 1) Bill Carraro 24 Hemlock Drive 2) Charles Pateman Southside of Depeyster Street 3) Interpretation of rear yard setback for accessory uses 4) Minutes of July 2002 and September 2002 meetings Announcements: There were none. 1) Bill Carraro This is an application for an area variance to construct an open porch. The applicant is requesting a front yard variance from the required 30-foot minimum to a 26 lA footminimum. The Chair asked if the returns were received. Bill Carraro responded that he submitted them to the Secretary of the Department of Fire & Life Safety. Bob Stiloski responded that he had not received them. The Chair referred to the Village Attorney. Ed Lammers stated that the Board cannot hear the application without proof of mailings. He stated that the Board could not hold the public hearing. �Jt This was adjourned to the next meeting with the understanding that the application was properly noticed. If not, the applicant would be required to re-notice. 2) Charles PatemanThis is an application for a continuance of a previously granted area variance to construct a 2-family residence. The applicant is requesting a variance from the required lot size, side yard setbacks and lot coverage zoning requirements. Charles Pateman is the applicant and is representing this application. He stated that he is requesting an extension of a previously granted variance. He stated that due to some of his health problems and the lack of an Architectural Review Board meeting in August, the one-year time frame has elapsed. The Chair asked if any work had been performed. Charles Pateman responded no. The Chair opened the public hearing. Lee Thompson (151 Valley Street) spoke. He stated that he tried to purchase the same piece of property many years ago. He stated that the Village officials (at that time) told him that the lot was too small to build on. He stated that he is against the application. He stated that the proposed plan would crowd his property. Since there were no other public comments, Linda Moiron made a motion to close the public hearing. Eliot Martone seconded. It was unanimous (5-0). Jim Galgano made a motion to grant the applicant's request for an extension of the previously granted variance. The Chair asked if any circumstances had changed. Charles Pateman responded no. Eliot Martone amended the motion to approve the request subject to Architectural Review Board approval. Tom Capossela seconded. It was unanimous (5-0). 3) Interpretation of rear yard setback for accessory uses Ed Lammers reviewed the rear yard setback requirements of other local municipalities. He distributed copies for the Board. Bob Stiloski stated that the Town of Greenburg based the setback on the lot size. Zoning Board of Appeals Meeting, October 16,2002 : , ^ : ' i i l * E J ^ J s W i t * V f t ^ a * S ^ j S i l # ^ ^ �r The Chair asked for the Tarrytown requirements. Ed Lammers responded that he did not have access to the Tarrytown Code book. The Chair asked the Board for comments. The Board agrees that the Code needs to be adjusted with regards to rear yard setbacks for accessory structures. There was an open discussion on the proper setbacks to recommend to the Village Trustees. Since there was no further comments, Eliot Martone made a motion to close the public hearing, Tom Capossela seconded. It was unanimous (5-0). This will be continued at the next meeting. 4) Minutes of July 2002 and September 2002 meetingsThe minutes for July 2002 were reviewed. The following corrections were noted: On page 7, delete "Peter Koffler stated that since the fence is not a stockade fence, he does not have a problem with it." Eliot Martone made a motion to approve the minutes as amended. Tom Capossela seconded. It was unanimous (5-0). The minutes for September 2002 were reviewed. Several corrections were noted. The minutes will be re-submitted to reflect the changes. Eliot Martone made a motion to approve the minutes as amended. Linda Moiron seconded. It was unanimous (5-0). Eliot Martone made a motion to adjourn. Tom Capossela seconded. It was unanimous (5-0). Adjourned at 9:05 p.m. to next meeting. Respectfully Submitted, ^ t h o n y Del Vecchio Zoning Board of Appeals Meeting, October 16,2002 ^**:^s^i^:*;E^^-;;^v^Wt^^ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2002 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_2002-10-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-2002 Date A point or period of time associated with an event in the lifecycle of the resource 2002 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/e88c0ae3a4474d2cd7a308129edc7711.pdf 62a16708b685d82506ef74d85508ee7e PDF Text Text RECEIVED VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING September 18, 2002 NQW _ g fflfl? " VILLAGE CLERK The meeting was called to order at 8:04 P.M. by Peter Koffler, Acting Chairman. The Chair noted that a quorum was present. ^-\ Present: Peter Koffler, Acting Chairman Eliot Martone Linda Moiron James Galgano Tom Capossela Sean McCarthy Absent: Robert Anello, Chairman ' -~ J /O/fo Also Present: Ed Lammers (Murphy, Stecich & Powell/Village Attorney) Robert Stiloski (Director, Department of Fire & Life Safety) Anthony Del Vecchio (Recording Secretary) Agenda: 1) Richard & James Belliveau 20 Continental St 2) Daniel Beaton 309 N Washington Street 3) Tina Gantomasso 190 Cortlandt Street 4) Interpretation of rear yard setback for accessory uses 5) Minutes of July 2002 meeting Announcements: There were none. 1) Richard & James Belliveau The applicant is requesting a re-hearing pursuant to Village Code §62-47. The application requests that the Zoning Board reconsider its decision of May 15, 2002, which denied the applicants' request for a 22.5-foot rear yard variance and a 1 foot 9 inch side yard variance. The Chair read the public notice aloud. The Chair asked if the returns were received. Bob Stiloski responded yes. The Chair asked the applicant on what basis from Village Code section §62-47 is the appeal based on. �Dennis Fitzgerald stated that the Building Inspector interpreted §62-13 (E) to require a 25-foot rear yard setback. He also stated that the Building Inspector also determined that a 5-foot side yard,setback was required when the side yard setback should have been 3foot. He stated that the applicant is asking for reconsideration based on the fact that (a) Code §62-13 was improperly interpreted and (b) the wrong setbacks were applied to the original application. The Chair responded that Section §62-47 is not the appropriate code section for an appeal on stated grounds. He stated that (a) the public must be re-noticed to specify that a reinterpretation of §62-13 is requested, or (b) the applicant must wait six (6) months as per §62-47. Dennis Fitzgerald stated that his June 12, 2002 letter was based on conversations with the Village Attorney and the Building Department. He also stated that the Village sent out the public notice. Ed Lammers stated that the applicant is asking whether or not the Board would re-hear the application based on changed conditions. The Chair responded that the substance of the appeal is based on the interpretation of the statutes, not a "change of conditions" as contemplated by §62-47. Eliot Martone stated that there is a public hearing on Section §62-13 (E) tonight (Interpretation of rear yard setback for accessory uses). He stated that the Board should not make a decision on the Belliveau application until after the public hearing. Sean McCarthy stated that Section §62-47 (E) is based on the applicant requesting a lesser variance. There was an open discussion on the interpretation of the Village Code Sections §62-47 and §62-13. The Chair opened the public hearing. Ted Jako (22 Continental Street) spoke. He stated that in his interpretation of Village Code §62-47(E), it states that the applicant must wait six (6) months for a re-hearing. He asked that the Board's original decision stand. Since there were no further public comments, Eliot Martone made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (6-0). Jim Galgano made a motion to re-hear the application. Eliot Martone stated that nothing has changed at the property. He stated that the Board should wait until after the public hearing on Section §62-13 and hence §62-47 did not apply. Zoning Board of Appeals Meeting, September IS, 2002 9 �The Chair stated that the applicant's options are either (a) to return in six (6) months or (b) apply for an interpretation to §62-13 (e) as it applies to his particular property in which case a re-notice is required. Dennis Fitzgerald asked if the Board would consider a different application. The Chair responded yes. The request for a re-hearing was denied. 2) Daniel BeatonThe applicant is requesting an area variance to construct a two-story addition to the existing structure in order to convert a two (2) family residence into a six (6) family residence that will result in the following non-compliances: Zoning requirement 2 5-foot rear yard. Existing structure 16.5-foot rear yard. Proposed structure 15-foot rear yard. Variance requested 10-foot rear yard. The Chair read the public notice aloud. The Chair asked if the returns were received. Bob Stiloski verified that the mailings were received. The Chair stated that the Board is in receipt of the following: 1) Application 2) Maps of property indicating before and after 3) Short EIS form 4) Letter from Jim Margotta denying the permit 5) Building permit application 6) Construction proposal 7) Attic floor plan 8) Photos and sketches Dan Beaton is representing this application along with Chris Layman. Dan Beaton summarized the proposed addition. He discussed the parking requirements. He stated that 12 spots are required and this project will construct 13 on-site parking spaces. Eliot Martone asked if the applicant had been before the Planning Board. Dan Beaton responded no. The Chairman asked the applicant to present evidence as to whether the applicant would suffer significant economic injury if the variance were not granted. The applicant stated that he was not aware that he had to present such evidence. Zoning Board of Appeals Meeting, September 18,2002 �The Chair opened the public hearing. Frieda Bateman (291 North Washington Street) spoke. She submitted a letter signed by several neighbors opposing the variance. She asked about the parking accessibility. She expressed concerns about adding more cars to the existing one-way street. Dan Beaton responded that this project would not help or hurt the existing parking problem on this street. He stated that all parking is off-street. Chris Fatterino (305 North Washington Street) spoke. He stated that he is ok with the proposed plan. Joe Farina (300 North Washington Street) spoke. He stated that the existing parking arid traffic situation is already overwhelming. He stated that he is totally against this application. Tom Capossela asked the applicant if he converted the house from one-family to twofamily when he first purchased the property. Dan Beaton responded yes. Tom Capossela responded that he has a problem with the applicant's request. The Chairman stated that the instant application is a self-created hardship. Since there were no further public comments, Linda Moiron made a motion to close the public hearing. Tom Capossela seconded. It was unanimous (6-0). Linda Moiron stated that the applicant already has beneficial use on the property. She stated that this is a large variance. Tom Capossela made a motion to deny the variance. Linda Moiron seconded. It was denied by a 5-0 vote (McCarthy abstained). 3) Tina Gantomasso The applicant is requesting a Certificate of Occupancy for a four (4) family residence and a store where the Building Department records indicate that the building is a three (3) family residence and a store. The applicant is stating that the property is a pre-existing nonconforming four (4) family residence with a store. The Chair read the public notice aloud. The Chair stated that the Board has received the following: 1) Application 2) Letter dated August 14,2002 3) Letter from Jim Margotta denying the Certificate of Occupancy. Zoning Board of Appeals Meeting, September 18,2002 4 �The Chair asked if the returns were received. Bob Stiloski responded yes. Tina Gantomasso is the applicant. She stated that she is trying to sell the property. She also stated that the title search informed her that according to her Certificate of Occupancy, the property is a three (3) family residence with a store. She stated that the property was always four (4) families with a store. She stated that she has owned the property since 1983. The Chair asked if the applicant knew anything about the property before she purchased it. Tina Gantomasso responded no. She stated that according to the Village Assessors records it has been a four (4) family with a store since 1968. Bob Stiloski stated that a physical inspection of the property indicated the work associated with the additional apartment appears to have been in place for numerous years. Tom Capossela asked if Bob Stiloski had a problem with the work. Bob Stiloski responded that the applicant would get a permit for the electric and plumbing to legalize the unit. The Chair opened the public hearing. Since there were no public comments, Sean McCarthy made a motion to close the public hearing. Tom Capossela seconded. It was unanimous (6-0). Sean McCarthy asked Bob Stiloski about the secondary means of egress for the bedroom on the second floor. Bob Stiloski responded that this was an indication of how long ago the work was completed. There was an open discussion on the building card from the Village Assessors, which indicated in 1968 that the 1st floor was converted into two- (3) bedroom units. Bob Stiloski stated that there is no building permit on file. Tina Gantomasso stated that she has been paying taxes on four apartments. Eliot Martone made a motion to approve the request for a Certificate of Occupancy. Tom Capossela seconded. It was unanimous (6-0). 4) Interpretation of rear yard setback for accessory uses The Chair read the public notice aloud for the record. Zoning Board of Appeals Meeting, September 18, 2002 -:-SS-::-^*A4^.>*>ili*AS*i£^^V-3s>^ �Bob Stiloski asked if the Board had received Jim Margotta's letter dated August 20, 2002. The Board agreed that it had received this letter. The Chair stated that the Board could make determinations on a case-by-case basis. He stated that based on the recent track record of the ZBA, the current interpretation is that the rear yard setbacks for accessory structures does not apply, but that it isn't up to the Board to change the statute. Ed Lammers stated that the Board should recommend setbacks to the Village Trustees. Eliot Martone stated that 25 feet is a guide to be used by the Board. There was an open discussion on the interpretation of the Village Code. Eliot Martone asked about the rear yard setbacks of other municipalities. Ed Lammers responded that he would investigate and provide information to the Board. Richard Belliveau (20 Continental Street) spoke. He is the father of the applicants from earlier this evening. He asked if he attached the structure to the house, would he still have to comply with the rear and side yard requirements. The Chair responded that he would still have to comply. Since there were no further comments, Eliot Martone made a motion to close the public hearing, Linda Moiron seconded. It was unanimous (6-0). This will be continued at the next meeting. 5) Minutes of July 2002 meetingThe minutes for July 2002 will be reviewed at the next meeting Eliot Martone made a motion to adjourn. Linda Moiron seconded. It was unanimous (6-0). Adjourned at 9:39 p.m. to next meeting. Respectfully Submitted, Anthony Del Vecchio Zoning Board of Appeals Meeting, September 18,2002 6 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2002 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_2002-09-18 Subject The topic of the resource Zoning Board Minutes & Resolutions-2002 Date A point or period of time associated with an event in the lifecycle of the resource 2002 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/78c80f451b0f410eaf646a04874004d6.pdf e782fce301ac546c5128a2600c5a81e8 PDF Text Text I VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING July 17,2002 RECEIVED e C D ,- « -nnn SEP ' ] 7 m The meeting was called to order at 8:04 P.M. by Robert Anello, Chairman. The Chair noted%iafRK a quorum was present. fl a Present: Absent: Robert Anello, Chairman James Galgano Peter Koffler Tom Capossela Sean McCarthy OJ/dX^^-^^PSLJ / / V/lb/o£L ' / Eliot Martone Linda Moiron Also Present: Ed Lammers (Murphy, Stecich & Powell/Village Attorney) Anthony Del Vecchio (Recording Secretary) Agenda: 1) L. Rodriguez (Elizabeth Mascia Childcare Center) 2) Kevin Donovan 3) Martha Sendon 4) Pat Cusanelli & Ms. Joan Waters 5) Tom Capossela 6) Alberto Barros 7) Minutes of June 2002 meetings 8) Other business 174 Valley St 12 Continental St 295 N Washington Street 3 Pleasant Way 5 Tappan Road 15 Anderson Avenue Announcements: There were none. 1) Larry Rodriguez (Elizabeth Mascia Child Care Center) The applicant is requesting a continuation of a variance that was previously granted allowing the owner to install a day care center for 15 to 20 children. The Zoning Code requires ten (10) parking spaces and the applicant has made plans to lease two (2) spaces. The Chair asked if the returns were received. Ed Lammers verified that the mailings were received. The Chair read the public notice aloud. Sam Vieira is representing this application. He stated that the variance has elapsed. He stated that the Center has just finished a lengthy process of applying for grants. �There was an open discussion on the previous variance granted. The Chair read the minutes from the September 2000 meeting concerning the variance. He stated that the owner would secure seven (7) parking spaces. He stated that the two (2) spots would be dedicated for the childcare center and five (5) spots would be for the apartments. He stated that signage would be installed to allocate the parking spaces to the tenants. The Chair asked if a legend could be added on the Certificate of Occupancy indicating the parking agreement. Ed Lammers responded yes. Peter Koffler asked about the projected time frame that the childcare center needs before occupying the space. Sam Vieira responded that the construction should be completed by the end of the year. The Chair opened the public hearing. Since there were no public comments, Jim Galgano made a motion to close the public hearing. Sean McCarthy seconded. It was unanimous (5-0). The Chair stated that in addition to the original conditions placed on the variance, the legend should be added to the Certificate of Occupancy. He stated that another condition that should be added to the variance is that parking must be secured by the end of the year. Jim Galgano made a motion to approve the variance with the following conditions: 1) Add legend to Certificate of Occupancy indicating that the two (2) spots would be dedicated for the childcare center and five (5) spots would be for the apartments. Additionally, appropriate signage would be added to properly notify tenants of their parking spaces. 2) The owner must secure parking spaces before the end of the year. 3) Previously stated conditions from the September 2000 ZBA meeting. From the September 2000 ZBA meeting: "The Chair made a motion to grant the variance under the condition that for as long as the requested uses are in operation, seven (7) spaces in the adjacent building be allocated and maintained for the granted uses and that the building owner file with the Village, documentation satisfactory to the Village Attorney securing the use of seven (7) required parking spaces. The building owner also must prepare signage to properly indicate that the parking spaces are dedicated for the building occupants. Additionally, the tenants are to be notified. Jim Galgano seconded. It was unanimous." Zoning Board of Appeals Meeting, July 17,2002 X'-k .,-.,;-.-- •- -- 2 -_• ..,-. , — -„....„-. > i : . ,-_ s » L - : \ - . ^ 1 . ~ j . i _ » . ,-.:-». , - i „ i s i , » - ~ : . ; , i i - j f c . i S : �Tom Capossela seconded. It was unanimous (5-0). 2) Kevin Donovan The applicant is requesting an area variance to install a rear addition to the applicant's residence that will result in the following non-compliances: 1) Front yard will be 18 feet (min 20 feet required) 2) Lot width is 37 feet (40 feet required). 3) Lot size is 3,413 sq. ft. (4000 sq. ft. required). The Chair asked if the returns were received. Ed Lammers verified that the mailings were received. The Chair read the public notice aloud. The Chair stated that the Board is in receipt of the following: 1) Written application 2) Building plans 3) Letter from Jim Margotta denying the permit Jon Turnquist is the project architect and is representing this application. He summarized the proposed project. He stated that the owner is handicapped and these changes are necessary so that he may continue to live at this location. The Chair asked if the proposed work would comply with the rear yard setback. Jon Turnquist responded yes. He stated that the front yard and lot size exist and are nonconforming. Sean McCarthy asked if the lot coverage is conforming. Jon Turnquist responded yes. He stated that the max is 35% and they are at 35%. The Chair asked if the owner would access the back via a ramp. Jon Turnquist responded yes. The Chair stated that this is not a self-created hardship. He also stated that it would not be out-of-character with the neighborhood. The Chair opened the public hearing. Mr. Bell (20 Continental Street) spoke. He stated that he is in favor of the proposed application. Zoning Board of Appeals Meeting, July 17,2002 �Since there were no other public comments, Jim Galgano made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (5-0). Jim Galgano asked where is the applicant living now. Mrs. Donovan (applicant's mother) responded that he is living with her in Ossining. Jim Galgano made a motion to approve the application as submitted. Sean McCarthy seconded. It was unanimous (5-0). 3) Martha Sendon The applicant is requesting an area variance to install a 4-14' fence with a 5-V£' center gate enclosing the applicant's front yard. This will result in the following non-compliances: 1) Zoning code limits the height offences in the front yard to three (3) feet The Chair asked if the returns were received. Ed Lammers responded yes. The Chair read the public notice aloud. The Chair stated that the Board has received the following: 1) application 2) pictures of the fence 3) letter from Jim Margotta indicating that the fence is too high. Sam Vieira is representing this application. He stated that this fence replaced the existing fence. He stated that debris gets on the property from the street. He stated that the new fence would help eliminate this problem. He also stated that the fence is not a solid fence and it is only one (1) foot over the current zoning code. Lastly, he stated that the fence has already been installed without a permit. The Chair asked if this is a corner lot and no side yard variance is required. Sam Vieira responded yes. The Chair opened the public hearing. Since there was no public comment, the Jim Galgano made a motion to close the public hearing. Tom Capossela seconded. It was unanimous (5-0). Jim Galgano asked about the height of the old fence. Sam Vieira responded that it was 3'-6". Jim Galgano stated that he has no problem with the fence. Zoning Board of Appeals Meeting, July 17,2002 4 �Tom Capossela stated that he does not like it but it fits the area. Peter Koffler asked if ARB approval is required. Sam Vieira stated that the applicant is on the agenda for the next ARB meeting. Sean McCarthy asked what would be involved in lowering the fence. Sam Vieira responded that the fence is made out of aluminum. He stated that the fence would have to be thrown away since the owner cannot do anything with it. The Chair stated that it is not out of character with the neighborhood. Peter Koffler stated that he agrees with the Chair's statement. He also asked what would be involved in replacing the gate and removing the arch. There was an open discussion on whether or not to approve the arched gate. Peter Koffler made a motion to approve the application subject to ARB approval. Tom Capossela seconded. It was unanimous (5-0). 4) Pat Cusanelli & Ms. Joan Waters The applicant is requesting an area variance to install a deck and a six (6) foot high fence in the rear yard of their property. This will result in the following non-compliances: 1) A six (6) foot high rear yard fence (max rear yard fence allowed is five (5) feet). 2) The deck side yard setbacks are seven (7) feet and T - 2" for a total of 9'-2" (min side yard setback is five (5) feet and a combined total side yard setback of 15 (fifteen) feet). The Chair asked if the returns were received. Ed Lammers responded yes. The Chair read the public notice aloud. The Chair stated that the Board has received the following: 1) application 2) photos 3) survey 4) hand-drawn sketch 5) estimate (deck only) Pat Cusanelli and Joan Waters are representing their application. Zoning Board of Appeals Meeting, July 17,2002 �The Chair asked if the rear yard fronts another street. Pat Cusanelli responded no. He stated that it is behind a parking area on Continental Street. He showed photos of the existing deck. The Chair asked where would the fence be installed. Pat Cusanelli showed the Board the installation location via photos. Joan Waters responded that due to the high traffic volume on Continental Street, a higher fence is needed. Peter Koffler asked if the fence would be installed on top of the wall. Pat Cusanelli responded yes. The Chair asked if the six (6) foot fence would be installed on the three (3) foot wall. Pat Cusanelli responded yes. The Chair asked the applicant why not use a five (5) foot fence, which is allowed by Code. He asked how the additional one (1) foot would help. Joan Waters responded that people could see over the existing four (4) foot fence. She stated that they would like some privacy from the neighborhood. Tom Capossela stated that he does not see a difference from the five (5) to six (6) foot fence. Sean McCarthy asked if any plantings would be used since the fence is not solid. Joan Waters responded yes. Tom Capossela stated that the applicant could plant eight (8) foot arborvitaes. Joan Waters responded that they would not be able to see into the yard at all. She stated that she would not feel safe with the view totally obstructed. Peter Koffler asked about the front yard fence. Joan Waters responded that the fence is a three (3) foot fence. Peter Koffler asked who uses the Continental Street parking lot. Joan Waters responded that area residents use the lot via a permit. The Chair asked if the fence is subject to ARB approval. Pat Cusanelli responded yes. The Chair asked if there were any other Board questions. There were none. The Chair opened the public hearing. Zoning Board of Appeals Meeting, July 17,2002 -i1*"!—>,-i-J-i».~»L^A=^^;^fefe �Rocco Minola (13 Pleasant Way) spoke. He stated that he is in favor with the proposed improvements. Mr. Bellivue spoke. He stated that he is in favor of the fence in order to protect the applicant's small children. Since there were no further public comments, Jim Galgano made a motion to close the public hearing. Sean McCarthy seconded. It was unanimous (5-0). Tom Capossela stated that he likes the proposed deck. The Chair stated that this is not a self-created hardship and it is not out of character with the neighborhood. Tom Capossela made a motion to approve the deck as submitted. Peter Koffler seconded. It was unanimous (5-0). Peter Koffler stated that since the fence is not a stockade fence, he does not have a problem with it. The Chair does not see the advantage from a five (5) foot fence to a six (6) foot fence. Jim Galgano stated that he does not have a problem with the fence. He made a motion to approve the six (6) foot fence. Tom Capossela asked if the fence would be made out of cedar. Pat Cusanelli responded yes. Tom Capossela asked if the fence has been purchased yet. Joan Waters responded no. The Chair questioned the need for a six (6) foot fence. Joan Waters responded that it is needed based on the nature of the property. The Chair asked why is the extra foot needed for the side yard. Joan Waters responded that based on the nature of the property. She stated that she wants to protect their children. She stated that she feels that the extra foot would make a difference. She also stated that their neighbors are in favor of the proposed work. There was an open discussion on possibly meshing the side and rear yard fences to make the heights mesh together. Peter Koffler made a motion to approve a six (6) foot side yard fence and a five (5) foot rear yard fence. The fences will mesh together to look more uniform. Tom Capossela seconded. It was unanimous (5-0). Zoning Board of Appeals Meeting, July 17,2002 7 �5) Tom Capossela The applicant is requesting an area variance to install a 15' x 15' patio and hot tub in the rear yard of the applicant's residence. This will result in the following non-compliances: 1) The proposed rear yard setback is four (4) feet (The min rear yard setback is 25 feet). The Chair asked if the returns were received. Ed Lammers responded yes. The Chair read the public notice aloud. The Chair stated that the Board has received the following: 1) application 2) survey 3) letter from Jim Margotta denying the building permit. Tom Capossela is representing this application. He stated that he is installing a 15'xl7' concrete patio to accommodate a new hot tub. He showed photos of the hot tub. He stated that his neighbors do not have a problem with it. There was an open discussion on whether or not a variance is required. The Chair opened the public hearing. Since there was no public comment, Jim Galgano made a motion to close the public hearing. Sean McCarthy seconded. It was unanimous (4-0) (Capossela abstained). The Chair questioned whether a variance is required. He stated that this is not a selfcreated hardship and it is not out of character with the neighborhood. Jim Galgano made a motion to approve the application as submitted. Peter Koffler seconded. It was unanimous (4-0) (Capossela abstained). 6) Alberto Barros The applicant is requesting an area variance to install a garage structure in the rear yard of the applicant's property. This will result in the following non-compliances: 1) The proposed rear yard setback is three (3) feet. (Min rear yard setback is 25 feet.) The Chair asked if the returns were received. Zoning Board of Appeals Meeting, July 17,2002 8 �Ed Lammers responded yes. The Chair read the public notice aloud. The Chair stated that the Board has received the following: 1) application 2) survey 3) letter from Jim Margotta denying the building permit. 4) Building plans Sean McCarthy is representing this application. He stated that the survey indicates a onestory garage that was removed in the 1980's. He stated that the proposed garage (15'X15') will be smaller that the original (19'X19')The Chair asked about the side yard setback. Sean McCarthy responded that the side yard setback is three (3) feet. The Chair questioned whether a variance is needed. He stated that this is not a selfcreated hardship and it is not out of character with the neighborhood. He also stated that this is the only place that the garage can go. The Chair opened the public hearing. John Jelenek (304 Gordon Ave) spoke. He stated that he is concerned with the existing retaining wall. He stated that adding additional weight is not good for the retaining wall. The Board reviewed Code Section 62-26. Since there were no other public comments, Tom Capossela made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (4-0) (McCarthy abstained). There was an open discussion on whether or not a variance is required. Tom Capossela made a motion to approve the application as submitted. Jim Galgano seconded. It was unanimous (4-0) (McCarthy abstained). 7) Minutes of June 2002 meetingThe minutes for June 2002 were reviewed. The following corrections were noted: On page 2, change: "There was an open discussion on whether a variance is required or not. It was decided that the Village Trustees should clarify this section of the Code." Zoning Board of Appeals Meeting, July 17,2002 9 �To read: "There was an open discussion on whether a variance is required or not. The Chair expressed his view that the proposed structure is an unattached accessory use, which according to the code is permitted to be constructed within the rear yard setback. No variance is required. It was decided that the Village Trustees should clarify this section of the Code." On page 3, change: "Frank Occhipinti is representing and translating for the applicant. He stated that the house was purchased in an estate sale." To read: "Frank Occhipinti and Police Officer Vince Lombardi assisted in representing and translating for the applicant. He stated that the house was purchased in an estate sale. " Peter Koffler made a motion to approve the minutes as amended. Sean McCarthy seconded. It was unanimous (5-0). 8) Other Business The Chair wanted the minutes to include more information with regards to the variances requested. The minutes for July 2002 will reflect these new changes. Jim Galgano made a motion to adjourn. Tom Capossela seconded. It was unanimous (5-0). Adjourned at 9:47 p.m. to next meeting. Respectfully Submitted, Anthony Del Vecchio Zoning Board of Appeals Meeting, July 17,2002 10 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2002 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_2002-07-17 Subject The topic of the resource Zoning Board Minutes & Resolutions-2002 Date A point or period of time associated with an event in the lifecycle of the resource 2002 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/f6ffec3276383a456f1bdb422fd27052.pdf c67d6dc188af61e795abbcaec14c99f7 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING June 19,2002 The meeting was called to order at 8:04 P.M. by Robert Anello, Chairman. The Chair noted that a quorum was present. Present: Absent: Robert Anello, Chairman Linda Moiron James Galgano Peter Koffler Eliot Martone Tom Caposella Sean McCarthy Y'LLAQt °UfiK None Also Present: Philip Zegarelli (Mayor, Village of Sleepy Hollow) Ed Lammers (Murphy, Stecich & Powell/Village Attorney) Bob Stiloski (Director, Department of Fire and Life Safety) Anthony Del Vecchio (Recording Secretary) Agenda: a) Swearing-in of new members b) James Jelenek c) Giovanni Volpacchio d) George Samaras e) Minutes of April 2002 and May 2002 meetings f) Other business Announcements: There were none. a) Swearing-in of new members Mayor Zegarelli stated that in order for members to be properly insured by the Village, they must be formally sworn in. The Mayor asked Sean McCarthy and Tom Caposella to stand. The Mayor swore them in. b) James Jelenek This is a request for an area variance. The Chair asked if the mailings were received. James Jelenek provided copies of the mailings to Bob Stiloski. f>ii2^,i-^t,ik-t»^j"%w*fc:>fci;^-«a-ritv. -•-; -,r*^SB^^3~*fcsiS&l&*'«iSi5M«a^^psa^aai �The Chair read the public notice aloud. The Chair stated that the Board has received the following items. 1) application 2) copy of building plans Ms. Jelenek stated that the adjacent neighbors do not have a problem with the proposed work. She stated that this is the only place that the garage can be built based on the lot size and the location of the house. She stated that there is an existing one-story garage that is in poor condition and is not used. She stated that it would be torn down and a small extension would be built. The Chair asked if the proposed structure would be 5-foot from the side yard and 10-foot from the rear. Ms. Jelenek responded yes. The Chair asked if other neighbors have their garages in the rear. Ms. Jelenek responded yes. The Chair asked if the existing garage could be used. Ms. Jelenek responded no. She stated that the location of the garage makes it unusable. The Chair asked if there were other questions from the Board. There were none. The Chair opened the public hearing. Frank Occhipinti spoke. He stated that he approved of the application. Since there were no other comments, Jim Galgano made a motion to close the public hearing. Eliot Martone seconded. It was unanimous (7-0). The Chair spoke about Code section 62-13. There was an open discussion on whether a variance is required or not. It was decided that the Village Trustees should clarify this section of the Code. Peter Koffler asked about the height of the garage. Ms. Jelenek responded 15-foot maximum. The Chair stated that this is not a self-created hardship. He also stated that it is not out of character with the neighborhood. Jim Galgano made a motion to approve the variance as requested. Eliot Martone seconded. It was unanimous (7-0). Zoning Board of Appeals Meeting, June 19,2002 2 �c) Giovanni Volpacchio This is a continuation from a previous meeting. The Chair asked for clarification on the reason for this application. Bob Stiloski responded that the applicant requires a variance for one parking space. Frank Occhipinti is representing and translating for the applicant. He stated that the house was purchased in an estate sale. Bob Stiloski stated that the Village records indicate a one-family dwelling. He stated that Mt. Pleasant tax records reflect a two-family dwelling. He stated that the property is located in a two-family zoning district. The Chair asked why is the variance for one space. Bob Stiloski responded that one space was grandfathered in so only one additional space would be required. The Chair stated that the building is non-conforming due to parking. He stated that since the non-conformity is changing, the entire property needs a variance. There was an open discussion on the number of spaces needed. It was determined that 2 spaces are needed. Jim Galgano asked if the building is currently a 2-family dwelling. Frank Occhipinti responded yes. The Chair asked if the building has been a 2-family dwelling for a long time. Frank Occhipinti responded yes. The Chair asked if the Board had any questions. Sean McCarthy asked what the basement was used for. Frank Occhipinti responded for storage and the boiler. The Chair opened the public hearing. Since there were no public comments, Jim Galgano made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (7-0). The Chair stated that this is not a self-created hardship since it has existed since the property was purchased. Linda Moiron asked if the applicant had been paying taxes on a 2-family residence. Frank Occhipinti responded yes. Zoning Board of Appeals Meeting, June 19,2002 3 �Linda Moiron made a motion to approve the variance under the condition that the Village representatives from the Department of Fire & Life Safety can inspect the property. Eliot Martone seconded. It was unanimous (7-0). d) George Samaras This was adjourned to next meeting. e) Minutes of April 2002 meetingThe minutes for April 2002 were reviewed. Jim Galgano made a motion to approve the minutes as submitted. Peter Koffler seconded. It was unanimous (7-0). The minutes for May 2002 were reviewed. The following corrections were noted: On page 3, change: "The Chair commented that the variance requested is substantial. The Code requires a read yard setback of 25-feet and the applicant is proposing a setback of 2 lA- feet. He also stated that the shed was a self-created hardship." To read: "The Chair commented that the variance requested is substantial. The Code requires a rear yard setback of 25-feet and the applicant is proposing a setback of 2 lA- feet. He also stated that the shed was a self-created hardship." Eliot Martone made a motion to approve the minutes as amended. Jim Galgano seconded. It was unanimous (7-0). f) Other Business The Board stated that there would not be a meeting in August. Linda Moiron made a motion to re-elect Robert Anello as Chairman. Peter Koffler seconded. It was unanimous (6-0). Eliot Martone made a motion to adjourn. Linda Moiron seconded. It was unanimous (7-0). Adjourned at 8:46 p.m. to next meeting. Respectfully Submitted, Anthony Del Vecchio Zoning Board of Appeals Meeting, June 19,2002 4 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2002 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_2002-06-19 Subject The topic of the resource Zoning Board Minutes & Resolutions-2002 Date A point or period of time associated with an event in the lifecycle of the resource 2002 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/e9d80f7a917519b3ed60540ed7da278f.pdf 2bc8c0ec0522abece13911cad3ada3ca PDF Text Text V << fi VILLAGE OF SLEEPYHOLLOW ZONING BOARD OF APPEALS MEETING May 15,2002 RECEIVED JUN J k WO? The meeting was called to order at 8:02 P.M. by Robert Aiiello, Chairman. ¥rW<M§ ffitoOFtlfct a quorum was present. v? Present: Absent: Robert Anello, Chairman Linda Moiron James Galgano_ Peter Koffler Eliot Martone Tom Caposella Sean McCarthy (/ I ^vf/^"*"" «-i*-J d+j**J*~f^* None Also Present: Ed Lammers (Murphy, Stecich & Powell/Village Attorney) Bob Stiloski (Director, Department of Fire and Life Safety) Anthony Del Vecchio (Recording Secretary) Agenda: a) Giovanni Volpacchio b) James and Richard Belliveau c) George Samaras d) Minutes of April 2002 meeting Announcements: The Chair stated that two new members have been appointed to the Zoning Board. a) Giovanni Volpacchio This is a continuationfroma previous meeting. There was nobody present to represent this application. Bob Stiloski stated that the applicant had requested an adjournment until June 2002. This was adjourned to next meeting. b) James and Richard Belliveau This is a continuationfroma previous meeting. The Chair stated that a letterfromthe applicant's Engineer and a video were submitted to the Board. He asked if the neighbors were given access to the letter and video. " .^t-fe^-^ '^W^i^,;^-^-:^^,^'--^ — �» Dennis Fitzgerald responded that the neighbors have only been provided with a copy of the letter. Dennis Fitzgerald played and narrated the video. He discussed the new leader and gutter that were installed. The video showed that a red dye was added to the gutter to show that the rainwater was diverted properly. Also, the red dye was used in front of the shed to show that the pitch is towards Continental Street and not towards the neighbor's property. The Chair statedihat the Board had received a letter from Cascade Industries to James Belliveau (2 pages) regarding the shed drainage study findings with a map showing elevations. He also stated that since the Board has two (2) new members would Dennis Fitzgerald summarize the application. Dennis Fitzgerald very briefly summarized the application. He spoke about the zoning variances that are needed. Tom Caposella asked when was the shed built. Dennis Fitzgerald responded 1993. The Chair stated that the shed does not adversely affect the neighborhood. Dennis Fitzgerald responded that it is similar to other properties in the neighborhood. He stated that the applicant hired a Professional Engineer to evaluate the drainage. He also stated that the applicant has received a variance from the NYS Uniform Fire Code. Sean McCarthy asked about the size of the shed. Dennis Fitzgerald responded 10'xl6\ The Chair asked if the Board had any other questions. There were none. The Chair opened the public hearing. Ted Jako (22 Continental Street) spoke. He summarized the application to date. He stated that the shed was built in 1994 without a permit. He stated that the shed is built on a 12" concrete slab. He also stated that in the wintertime, his garage floor becomes a sheet of ice. The Chair asked Ted Jako how he knew that the water is coming from the Belliveau's shed. Ted Jako responded that he never had water in the garage in the 40 years prior to the shed construction. The Chair asked Ted Jako about the contents of the Belliveau's shed. Ted Jako responded that he did not know but it was not for gardening equipment. He also stated that he couldn't use his garage anymore because after the water is causing things to rust. The Chair asked if the Board had any other concerns. There were none. Zoning Board of Appeals Meeting, May 15,2002 •-~'zs^^*^*j&^£j^i^^i&&j&j&i% �Linda Moiron made a motion to close the public hearing. Jim Galgano seconded. It was unanimous (7-0). The Chair asked the Board for comments. Tom Caposella asked Ted Jako is there are any gutters on his garage. Ted Jako responded no. The Chair asked when were the gutters installed on the Belliveau shed. Dennis Fitzgerald responded around mid-march. The Chair spoke about two issues. 1) Water. 2) Size and use of the shed. The Chair asked what was the shed used for. Richard Belli veau responded storage. The Chair commented that the variance requested is substantial. The Code requires a read yard setback of 25-feet and the applicant is proposing a setback of 2 Y%- feet. He also stated that the shed was a self-created hardship. There was an open discussion on the non-conforming use and the possible expansion of the nonconforming use. Jim Galgano stated that the property is located in an R-4(a) district according to the Village map. He also stated that according to the Village Code, this is zoning for 1-2 family and commercial. Jim Galgano stated that he does not have a problem with the application. He stated that it is consistent with the neighborhood. Peter Koffler stated that the Board couldn't just grant a variance since it was built without a permit. He also stated that it is overbuilt for storage. Sean McCarthy asked how was the shed fastened to the concrete. Dennis Fitzgerald responded that it was anchored. There was an open discussion on Section 62.25 of the Village Code concerning non-conforming uses. Bob Stiloski stated that the property is not in an R-4 (a) district but it is in a R-5 district. He stated that R-5 covers multi-family so it is a conforming use. Jim Galgano made a motion to grant the variance. Tom Caposella seconded The application was rejected by a 4-3 vote. (Galgano, Caposella, Moiron). Zoning Board of Appeals Meeting, May 15,2002 3 �c) George Samaras This is an application for an area variance. The Chair read the public notice aloud. Ron Tumquist is the project architect and is representing this application along with George Samaras. Ron Tumquist showed the existing building with the rear area. He stated that a local club would like to lease the conference room. He spoke about adding 48 additional seats. He stated at the rate of 5 seats/space they would need 10 spaces. The Chair asked where is the parking analysis. Ron Tumquist responded that it is on drawing SP-1. The Chair asked if there are any residential units at this property. Ron Tumquist responded that there are three apartments. He stated that the apartments do not have any parking associated with them. The Chair stated that the applicant needs to provide parking for the apartments. Ron Tumquist stated that there are three 2-bedroom units. He stated that according to the Village requirements for parking, the apartments require 6 spaces. Ron Tumquist stated that the apartments are existing. The Chair stated that since the applicant is altering a non-conforming use, the entire building requires a variance. Ron Tumquist spoke about 175 Valley Street. He stated that George Samaras purchased the property. He spoke about the added methods to be used for egress. The Chair asked how would people access the back room. Ron Tumquist responded through the restaurant. Sean McCarthy asked if the curb cut was existing. Ron Tumquist responded yes. Eliot Martone asked about the width of the driveway. Ron Tumquist responded 14 feet wide. Bob Stiloski stated that a fire truck would not be able to fit. Ron Tumquist stated that the width could be changed. The Chair stated that Planning Board approval would be needed. He also asked how would the occupants know about the available parking. Ron Tumquist responded that appropriate signage would be added. Zoning Board of Appeals Meeting, May 15,2002 4 �The Chair asked how would the properties be deeded. Ron Turnquist responded that they would be forever joined. Eliot Martone stated that he would like to know about all previously granted variances issued to both properties. Ron Turnquist responded that he disagrees. Ed Lammers stated that the applicant was denied a building permit due to parking.—He stated that the public notice only mentioned 11 spaces. He stated that if more are needed, the applicant would have to re-notice. The Chair stated that the applicant should go to the Planning Board for site plan review since this involves an enlargement of a commercial property. Ron Turnquist stated that the Board needs to approve parking before the application is sent to the Planning Board. George Samaras stated that he is providing sufficient parking. Ed Lammers stated that the building department needs to evaluate the parking plan. He stated that the plan has changed within the last two weeks. The Chair spoke about Village Code section 62-29, extension and alteration of a non-conforming use. He stated that the applicant still needs site plan approval. There was an open discussion on whether or not a variance is needed. Peter Kofiler asked about the previous use of the proposed parking lot. Ron Turnquist responded that it was an unused vacant lot. Eliot Martone made a motion to refer the applicant back to the Planning Board for both properties (Valley Street and Chestnut Street). He also stated that all previous variances issued for both properties should be reviewed as well. Peter Koffler seconded. It was unanimous (7-0). d) Minutes of April 2002 meetingThe minutes for April 2002 will be reviewed at the next meeting. Linda Moiron made a motion to adjourn. Eliot Martone seconded. It was unanimous (7-0). Adjourned at 9:23 p.m. to next meeting. Respectfully Submitted, Anthony Del Vecchio Zoning Board of Appeals Meeting, May 15,2002 �Linda Moiron made a motion to approve the variance under the condition that the Village representatives from the Department of Fire & Life Safety can inspect the property. Eliot Martone seconded. It was unanimous (7-0). % d) George Samaras This was adjourned to next meeting. e) Minutes of April 2002 meeting- The minutes for April 2002 were reviewed. Jim Galgano made a motion to approve the minutes as submitted. Peter Koffler seconded. It was unanimous (7-0). The minutes for May 2002 were reviewed. The following corrections were noted: •i r On page 3, change: i "The Chair commented that the variance requested is substantial. The Code requires a read yard setback of 25-feet and the applicant is proposing a setback of 2 V%- feet. He also stated that the shed was a self-created hardship." To read: i "The Chair commented that the variance requested is substantial. The Code requires a rear yard setback of 25-feet and the applicant is proposing a setback of 2 Vi- feet. He also stated that the shed was a self-created hardship." • Eliot Martone made a motion to approve the minutes as amended. Jim Galgano seconded. It was unanimous (7-0). f) Other Business - t The Board stated that there would not be a meeting in August. Linda Moiron made a motion to re-elect Robert Anello as Chairman. Peter Koffler seconded. It was unanimous (6-0). ' Eliot Martone made a motion to adjourn. Linda Moiron seconded.' It was unanimous (7-0). Adjourned at 8:46 p.m. to next meeting. Respectfully Submitted, M^r^MjL Antnony Del Vecchio Zoning Board of Appeals Meeting, June 19,2002 t i-i^t-ijSitfiA.irfe'iife:-. j^a*i-«5^s;»*i¥ii-**.vIt-ii4^a^ B ^^^»J f � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2002 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_2002-05-15 Subject The topic of the resource Zoning Board Minutes & Resolutions-2002 Date A point or period of time associated with an event in the lifecycle of the resource 2002 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/52127c39bcfc9ce214c1b8ee1d0b69de.pdf 1b4ed685daa5060a9248dd7864494656 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING April 17,2002 fc P P r PI \/ c n U fc V E D ' MA y 1 3 n m The meeting was called to order at 8:03 P.M. by Robert Anello, Chairman. ^ l ^ j S J ^ ^ t ^ i S ^ a quorum was present. Present: Robert Anello, Chairman Linda Moiron James Galgano Peter Koffler Absent: Miguel Jiminez Bruno Volpacchio Eliot Martone Also Present: Ed Lammers (Murphy, Stecich & Powell/Village Attorney) Bob Stiloski (Director, Department of Fire and Life Safety) Anthony Del Vecchio (Recording Secretary) Agenda: a) Giovanni Volpacchio b) James and Richard Belliveau c) George Samaras d) Blue Gorilla Studios e) Sean McCarthy f) Minutes of March 2002 meeting Announcements: The Chair stated that two new members have been appointed to the Zoning Board. a) Giovanni Volpacchio This is a continuation from a previous meeting. There was nobody present to represent this application. Bob Stiloski stated that the applicant had a death in the family. This was adjourned to next meeting. b) James and Richard Belliveau This is a continuation from a previous meeting. �The Chair read a letter from Dennis Fitzgerald requesting an adjournment. The Chair read the letter for the record (see attached). The Chair read a letter dated 4/3/02 from John Matthews addressing the denying of the variance. There was an open discussion on whether to allow the adjournment or not. The Chair opened the public hearing. Ted Jako (22 Continental Street) spoke. He stated that no agreement had been reached between the two neighbors. He stated that the applicant has refused to speak to neighbors concerning the drainage. He summarized the carport and the 6' fence and shed construction over the last 5 years. The Chair asked about the new drainage system. Ted Jako responded that he does not know anything about it. Peter Koffler asked if the drainage were corrected, would Ted Jako accept the shed in its location. Ted Jako responded no. He stated that he would like for it to be removed. Jim Galgano asked if drainage was part of the ZBA's jurisdiction. Ed Lammers responded that the drainage is part of the application. Ted Jako stated that the shed was built without a permit. He wants the Village Ordinance to be upheld. The Chair asked what the setbacks were. Ed Lammers stated that the side-yard setback is less than 3' and the rear yard setback is less than 25'. The Chair asked if there are any other public comments. There were none. Linda Moiron made a motion to close the public hearing. Jim Galgano seconded. It was unanimous (4-0). There was an open discussion on whether or not to accept the request for an adjournment. Jim Galgano made a motion to adjourn to the next meeting. Linda Moiron seconded. The Chair stated that all information must be submitted 2 weeks before the next meeting. It was unanimous. (4-0) Zoning Board of Appeals Meeting, April 17,2002 2 �c) George Samaras This is an application for an area variance. The Chair asked if the returns were received. Bob Stiloski responded yes. George Samaras is the applicant and is representing the application. He requested an adjournment. He stated that the original application was for a variance of 11 parking spaces. He stated that he has been able to acquire parking and will amend the application. There was an open discussion on whether a new application is needed or not. The Chair asked if anyone from the public wished to comment on this application. There was no public comment. Peter Koffler made a motion to adjourn this application to the next meeting. Linda Moiron seconded. It was unanimous (4-0). d) Blue Gorilla Studios This is a request for a re-instatement of a previously granted variance. The public notice was read aloud. The Chair stated that the Board had received the following: 1) Public notice. 2) List of names of people to be noticed. 3) Application with minutes of previous meeting (06/21/00). 4) Survey. DaVid Stoiley is representing the application. He stated that he did not know that the variance had a one-year time limit. He stated that Blue Gorilla Studios were still working with some artists at their other studio and construction (in sleepy Hollow) would start very soon. The Chair asked if the variance was granted. David Stoiley responded yes. The approved variance was for one-parking space. The Chair opened the public hearing. Since there were no public comments, Jim Galgano made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (4-0). Peter Koffler made a motion to approve. Jim Galgano seconded. It was unanimous (4-0). Zoning Board of Appeals Meeting, April 17,2002 i - i ^ ^ >.,_>* * ^ j i ^ ^ ^ ^ £ i ^ ^ $ ^ i 4 j ^ 3 �e) Sean McCarthy This is a request for an area variance. The public notice was read aloud. The Chair asked if the returns were received. Bob Stiloski responded yes. The Chair stated that the Board had received the following: 1) Public notice. 2) Application. 3) 03/08/02 letter denying the building permit. 4) Building Permit application. 5) Drawings dated 03/13/02. Sean McCarthy is the applicant and is representing this application. He summarized the proposed application. He stated that the proposed project requires a variance based on Village Code Ch 62, Article 7 (modifications to non-conforming structures). He discussed the existing setbacks. He stated that the addition is conforming but the existing house is non-conforming. The Chair asked about the rear yard setbacks. Sean McCarthy responded that they are within the Village Zoning requirements. The Chair asked if an application was submitted to the Architectural Review Board. Sean McCarthy responded yes. Sean McCarthy submitted photos of the existing residence. Jim Galgano asked if the house was a one-family. Sean McCarthy responded yes. He stated that he needs more space for his family. The Chair stated that this is not a self-created hardship since it is existing. He also stated that it would enhance the neighborhood. The Chair opened the public hearing. Tanya Monier (32 Maple Street) spoke. She stated that the proposed work seems ok to her. Since there were no other public comments, Peter Koffler made a motion to close the public hearing. Jim Galgano seconded. It was unanimous (4-0). Peter Koffler made a motion to approve the application as submitted. Linda Moiron seconded. It was unanimous (4-0) Zoning Board of Appeals Meeting, April 17,2002 i%>'^J ~ ^^:J^f~;'£^'^* ~ •• ^34--?^< £*4i£4_3"> " ^ ^ * - ^ - A * - " ^ ^ 3 ^ ^ * ^ * ^ ^ �f) Minutes of March 2002 meetingThe minutes for March 2002 were reviewed. Linda Moiron made a motion to approve the minutes as submitted. Peter Koffler seconded. It was unanimous (4-0). Jim Galgano made a motion to adjourn. Linda Moiron seconded. It was unanimous (4-0). Adjourned at 8:59 p.m. to next meeting. Respectfully Submitted, Anthony Del Vecchio Zoning Board of Appeals Meeting, April 17,2002 &*-i:&.«,*^5^rfw«&§^54^^^ �ftPR-17-2882 01:14 PM P. 8 1 LAW O F F I C E S O F - CHADBOURNE. O ' N E I L L , THOMSON, WHALEN a FITZGERALD OCBALD ». © M C I L L (lgoa.itss) BOBMT C. THOMSON. JR. iMKMftER N.J. » N.Y. BAfttl JOHN B. WHALKN f l * 1 0 - l » ? « ) 0«Nh|» M. FITJftKftALD F.O. SOX 7fit 3 C « I » T HOLLOW, N.Y. 10891 April 17,2002 OF COUNSEL THOMAS C. FHKLAN (MEMBER N.J. * FLA. BAM) R06CH P. MURRAY III fMKNBXR N.H. BAR ONLY) Re: 6071 Premises: 20 Continental Street Sleepy Hollow, New York Section 15 Block 5 Lot 23 A Dear Mr. Chairman and Members of the Board: As you know, we represent Mr. James Belliveau and Mr. Richard Belliveau, the owners of the above premises in connection with a Zoning Board of Appeals application that is on calendar for this evening. Pursuant to discussions I have had with the building Department, this letter requests an adjournment of one month for the purposes of obtaining the written report of the Engineer engaged by my clients pursuant to the discussions at the last meeting. As I believe Mr. Stiloski is aware, a drainage system has been installed on the side of the shed abutting the property of Mr. Jako, the nearest neighbor which has diverted the water completely awayfromMr. Jako's property. Based on my oral discussions with the Engineer, I anticipate the written report will be favorable to my client's application in view of the discussions which occurred at the last meeting of the Board The additional time is necessary to obtain the written report so that it can substantiate the foregoing. Respectfully, Dennis M. Fitzgerald Chairman & Members of the Zoning Board of Appeals C/o Sleepy Hollow Building Department Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10591 ATTN: SONJA DMF:asw cc. Via Facsimile: (914)332-7074 Mr. James Belliveau Mr. Richard Belliveau � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2002 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_2002-04-17 Subject The topic of the resource Zoning Board Minutes & Resolutions-2002 Date A point or period of time associated with an event in the lifecycle of the resource 2002 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/e71ac4c017f5281ab5c181ec36b0b6fc.pdf 2e90bb55b9fd5e16a9982e832727aef3 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING March 20, 2002 RECEIVED APR - 2 700? The meeting was called to order at 8:10 P.M. by Robert Anello, Chairman. X4W^rfi& fiJtHftlfet a quorum was present. Present: Robert Anello, Chairman Eliot Martone Linda Moiron James Galgano Absent: Peter Koffler Miguel Jiminez Bruno Volpacchio Also Present: Ed Lammers (Murphy, Stecich & Powell/Village Attorney) Bob Stiloski (Director, Department of Fire and Life Safety) Anthony Del Vecchio (Recording Secretary) Agenda: a) Giovanni Volpacchio b) Laurentino Rodriguez c) James and Richard Belliveau d) Mr. & Mrs. Walter Ceconi e) Minutes of February 2002 meeting f) Discussion on the Village Zoning Code Announcements: None. a) Laurentino Rodriguez This is a continuation from a previous meeting. Ron Turnquist is representing this application with Laurentino Rodriguez. He stated that last meeting there was an issue on the existing parking. He stated that the property has been surveyed and the parking is adequate based on his parking drawing SD-1. Ron Turnquist summarized the dwelling units. He stated that the parking is adequate for the apartments and the restaurant. Ron Turnquist stated that previous owners used the property to sell sandwiches, coffee, etc. The owner before that operated a pizzeria. The Chair asked who is currently using the parking spaces. Laurentino Rodriguez responded that the tenants use the parking spaces. % �The Chair asked if any of the spaces were leased to others. Laurentino Rodriguez responded no. The Chair asked if the tenant's leases include parking. Laurentino Rodriguez responded no. The Chair stated that there are supposed to have 5 spaces dedicated for the apartments. Laurentino Rodriguez responded that the tenants are on a month-to-month basis. They use the parking lot if they have a car. Ron Turnquist stated that the parking lot would have lighting added. He stated that it already has a gate. He stated that the variance is for a food establishment not for parking. Bob Stiloski stated that at the last meeting, one member had some parking concerns. The Chair responded that the variance could not be granted if other variances are also required. The Chair asked if the parking lot complied with the Village Code. Bob Stiloski responded yes. The Chair asked about signage. He asked how customers would know about the available parking. Ron Turnquist responded that signage would be added on the existing chain-link fence. The Chair asked about the Code requirements for parking space size and turning radius. Bob Stiloski checked the Village Code and responded that Code Section 62-14 (a)-l states that parking spaces are 18'x 9'. He stated that there is no requirement for turning radius. The Chair stated that he wants the application to comply with all Code sections. He asked if an off-street loading space is required. There was an open discussion on whether this matter should go before the Planning Board. It was decided that the Code would be checked. Bob Stiloski checked the Village Code (specifically 62-14(f)) and no requirements were found for an off-street parking space. Ron Turnquist stated that the building meets all Code requirements for ingress/egress. He stated that it is also handicap accessible. The Chair asked Bob Stiloski for his input. Bob Stiloski responded that he has been to the property several times. He stated that he see no problems with the property. Eliot Martone stated that at the last meeting he asked Bob Stiloski to check if the parking lot is tied into another property. Bob Stiloski responded that there are no records to indicate that it is tied into another property. Zoning Board of Appeals Meeting, March 20,2002 2 �The Chair asked Laurentino Rodriguez if the parking lot is tied into another property. Laurentino Rodriguez responded no. The Chair opened the public hearing. Since there was no public comment, Eliot Martone made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (4-0). The Chair stated that the property meets the parking requirements. Eliot Martone made a motion to approve the request for a variance with the following conditions: 1) Proper signage to be added to indicate restaurant parking. 2) Parking lot should be paved and lined according to the Village Zoning Code. Jim Galgano seconded. It was unanimous (4-0). b) Giovanni Volpacchio This is a continuation from a previous meeting. There was nobody present to represent this application. There was an open discussion on the reason a variance is being requested. Ron Turnquist provided some background information. He stated that the request was incorrectly noticed. It was decided that the application would be re-noticed. This was adjourned to next meeting. c) James and Richard Belliveau This is a request for an area variance. The public notice was read aloud. The Chair asked if the returns were received. Bob Stiloski responded yes. The Chair stated that the Board has received the following: 1) Application with photos. 2) Hand-drawn sketch Zoning Board of Appeals Meeting, March 20,2002 3 �3) Public Notice 4) List of names within 200 feet of property 5) Petition from Department of State 6) Letter denying a building permit 7) Building application 8) March 9, 2002 letter from Cheryl Capello 9) Tax map 10) Diagram indicating the location of shed on the property. Dennis Fitzgerald is the attorney representing this application. He gave a description of the shed with respect to the property. He stated that it was built in 1993 without a building permit. He gave a description of the existing property size. He stated that in order to have the shed comply, it would have to be attached to the house or block the driveway. He stated that there are other properties in the neighborhood with sheds close to the property line. He stated that the shed is a minimal disturbance. He submitted letters from five neighbors. He stated that the shed stores gardening equipment. The Chair referred to the letters from Cheryl Capello indicating she doesn't have a problem with the shed. The Chair also referred to letters from Kevin Donovan, Vincent Damella, Denise Resigno, David Estaban and Pam Diaz all indicating that they have no objections with the shed. The Chair opened the public hearing. Ted Jako (22 Continental Street) spoke. He stated that he is concerned with three things: 1) Safety 2) Property values 3) Quality of life. Ted Jako stated that the property used to have a backyard with grass. He stated that once the applicant took possession of the property, they blacktopped the yard and built the shed without any permits. He stated that the shed is a 160 square feet on a 12" concrete slab. He stated that it is 6" above ground. He stated that the shed is used to fix cars. He stated that gardening tools are not needed with the backyard that currently exists. The Chair asked Ted Jako if he objects to the shed location. Ted Jako responded that he objects to the location and the size. He stated that the shed is 10'xl6\ He stated that water pours into his garage when it rains. The Board reviewed photos submitted by Ted Jako. Pat Cusenilli (3 Pleasant Way) spoke. He stated that the property is well kept and he has no objections to the shed. The Chair asked how the runoff could be corrected. Zoning Board of Appeals Meeting, March 20,2002 �Bob Stiloski responded that gutters could be added. He stated that a dry well could also be added. Rocco Tomello (13 Pleasant Way) spoke. He stated that he accepts the shed and has no problems with it. Dennis Fitzgerald addressed the runoff. He stated that there is no proof that the water in his garage is caused by the shed. The Chair asked about the pitch of the driveway. Richard Belliveau responded that the driveway is pitched towards Continental Street. The Chair asked Bob Stiloski if a dry well could be installed. Bob Stiloski responded yes. There was an open discussion on the water runoff and its direction. The Chair stated that if the shed were not on a concrete base, the Board would ask the applicant to relocate it since it was built without proper permits. The Chair asked about the dry well size. Bob Stiloski responded that it needs to be investigated further. The Chair asked if it would be a burden to relocate the shed. Dennis Fitzgerald responded yes. The Chair asked the Board for comments. Eliot Martone stated that he would like the neighbors to resolve the water problems. The Chair stated that this is a self-created hardship. He stated that it is not out-of-character with the neighborhood. He stated that he would like to have the neighbors resolve the water runoff issue with the Building Department. Dennis Fitzgerald responded that he would like to have the Board place conditions on the variance so they could get an approval tonight. There was an open discussion on the water runoff. The Chair asked if a garage was operating at the property. Dennis Fitzgerald responded no. Bob Stiloski cited Village Code sections indicating that water runoff may not flow onto another's property. Dennis Fitzgerald asked for an adjournment to evaluate the drainage issues. Zoning Board of Appeals Meeting, March 20,2002 5 • •-;> -.Xi-K-- <--\:U*it^.M5*>*--''-.i.-_=--, - £ ^ ~ - * M i ^ i - i ^ , t ^ ' ^ * t * a ^ i - ^ ^ ^ - « £ l i S J 5 - * �Eliot Martone made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (4-0). Eliot Martone made a motion to adjourn. Jim Galgano seconded. It was unanimous (4-0). d) Mr. & Mrs. Walter Ceconi This is a request for an area variance. The public notice was read aloud. The Chair asked if the returns were received. Bob Stiloski responded yes. Sean McCarthy is the project architect representing this application. The Chair asked about the front elevations. Sean McCarthy responded that it is not visible from the street. Sean McCarthy described the existing property layout. He stated that the property is an existing 2-family house. He stated that the owners occupy the first floor. He stated that the addition would relocate and expand the master bedroom, would add a laundry room and add a bathroom. The Chair asked why the applicant is not building towards the rear of the property. Sean McCarthy responded that there are plumbing issues that would be very difficult to overcome in order to make the addition function according to the applicant's needs. The Chair asked who owns the property in the rear. Sean McCarthy responded the Piersio family. He submitted a letter from the Piersio family indicating that they don't object to the proposed addition. The Chair stated that he was concerned about making the property too dense and having it subdivided in the future. The Chair opened the public hearing. There were no public comments. Eliot Martone made a motion to close the public hearing. Jim Galgano seconded. It was unanimous (4-0), Jim Galgano stated that he has no objections with the proposed application. He stated that it is not visible from the road. Zoning Board of Appeals Meeting, March 20,2002 6 �The Chair noted letters from the Shelly family, the Ceconi family and the Murray family. All letters indicate no objections with the proposed application. Eliot Martone made a motion to approve the application with the condition that if the property is going to be sub-divided, it must appear before the Zoning Board. Jim Galgano seconded. It was unanimous (4-0). e) Minutes of February 2002 meetingThe minutes for February 2002 were reviewed. Linda Moiron made a motion to approve the minutes as submitted. Jim Galgano seconded. It was unanimous (4-0). f) Discussion on the Village Zoning Code There was an open discussion on upgrading the Village Zoning Code. No action was taken. Eliot Martone made a motion to adjourn. Jim Galgano seconded. It was unanimous (4-0). Adjourned at 9:34 p.m. to next meeting. Respectfully Submitted, Anthony Del Vecchio Zoning Board of Appeals Meeting, March 20,2002 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2002 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_2002-03-20 Subject The topic of the resource Zoning Board Minutes & Resolutions-2002 Date A point or period of time associated with an event in the lifecycle of the resource 2002 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/a0a413b7d5375ced271418a24a92cf44.pdf d1104bc48837854eb3309c21223f1889 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING February 20,2002 ^AoA ^ The meeting was called to order by Peter Koffler, Acting Chairman at 8:02 p.m. The Chair noted that a quorum was present. Present: Absent: Peter Koffler, Acting Chairman Eliot Martone Miguel Jimenez Linda Moiron James Galgano RECEIVED MAR " 4 2002 VILLAGE CLERK Robert Anello, Chairman Bruno Volpacchio Also Present: Ed Lammers (Murphy, Stecich & Powell/Village Attorney) Bob Stiloski (Department of Fire and Life Safety) Anthony Del Vecchio (Recording Secretary) Agenda: a) Giovanni Volpacchio b) Laurentino Rodriguez c) Minutes of January 2002 meeting Announcements: None. a) Giovanni Volpacchio This is a continuation from a previous meeting. Jon Tumquist is representing this application. He stated that the request was incorrectly noticed. Ed Lammers stated that the applicant could be placed on next month's agenda if they could provide the correct information ASAP. This was adjourned to next meeting. b) Laurentino Rodriguez This is a request for an area variance. The Chair asked if the returns were received. Bob Stiloski responded yes. The public notice was read aloud. The Chair stated that the following items had been received: 1) List of names and addresses that were noticed. 2) Application. 3) Survey. �4) Floor plan. There was an open discussion on the accuracy of the mailings especially with regards to 51 Clinton Street. It was determined that the owner of 51 Clinton Street was notified and the public notice was properly advertised. Jon Tumquist is representing this application with Laurentino Rodriguez. He described the proposed project. He stated that nothing would be changed in the interior with the exception of some small cosmetic improvements. Miguel Jimenez made a motion to open the public hearing. Eliot Martone seconded. It was unanimous (5-0). Ana LeRoy (57 Clinton Street) spoke. She stated that she is concerned with the additional parking that this would add to the area. Jon Tumquist spoke about the existing parking area. He stated that it would accommodate 18 spaces. He stated that 5 spaces are allocated for the apartments and 13 would be allocated for the restaurant under the Village Code. Edia Modesta (49 14 Clinton Street) spoke. She inquired about the capacity of the restaurant. Laurentino Rodriguez responded 40-50 people. Edia Modesta asked if the restaurant would have a bar. Laurentino Rodriguez responded no. Eliot Martone asked if an application was before the NYS Liquor Authority. Laurentino Rodriguez responded not yet. Eliot Martone stated that the property would serve alcohol. Laurentino Rodriguez responded only beer or wine with a meal. Aurillo Rodriguez (51 Clinton-Street) spoke. He stated that the parking lot couldn't accommodate 18 spaces. He stated that there are no lights or drainage. He stated that it probably could accommodate 13 spaces. Miguel Jimenez asked how many apartments are above the restaurant. Laurentino Rodriguez responded four. He also stated that the parking lot is existing. Eliot Martone stated that the parking lot dimensions are missing from the drawing. Frank Occhipinti spoke. He stressed three points: 1) That he is in favor of the restaurant. He also stated that Miguel Jimenez should excuse himself from this application due to a conflict of interest 2) If Laurentino Rodriguez is not seeking a parking variance, why is it an issue. Zoning Board of Appeals Meeting, February 20,2002 2 �3) He stated that Miguel Jimenez is in Village Court for building violations and should not be able to vote. The Chair stated that parking is an issue based on the proposed application. Ed Lammers responded that as per the Ethics Code, the issue of building violations with regards to Board members is not mentioned. Miguel Jimenez made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (5-0). The Chair asked if Miguel Jimenez had a bias against the applicant. Miguel Jimenez responded no. The Chair stated that he would keep open the issue concerning the building violations. Miguel Jimenez stated that he is concerned with the existing parking. He stated that the spaces are not large enough. Jon Tumquist responded that the parking is adequate. Eliot Martone asked if handicapped spaces are required. Jon Tumquist responded that he would show them on the drawings. Ed Lammers suggested to the Board that they refer back to the building department to check parking and lighting issues. Eliot Martone asked the Bob Stiloski to check if the parking lot is tied into another property. Bob Stiloski agreed. He also stated that a full parking computation would be performed. Eliot Martone made a motion to adjourn this item to next meeting. Jim Galgano seconded. It was unanimous (5-0). c) Minutes of January 2002 meetingThe minutes for January 2002 were reviewed. Miguel Jimenez made a motion to approve the minutes as amended. Jim Galgano seconded. It was unanimous (5-0). Miguel Jimenez made a motion to adjourn. Jim Galgano seconded. It was unanimous (5-0). Adjourned at 8:44 p.m. to next meeting. Respectfully Submitted, Anthony DelVecchio Zoning Board of Appeals Meeting, February 20,2002 3 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2002 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_2002-02-20 Subject The topic of the resource Zoning Board Minutes & Resolutions-2002 Date A point or period of time associated with an event in the lifecycle of the resource 2002 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/7ba051c8eefa1ba0d3a27d935b2edaaf.pdf ee99ec143941121c90237fbd9c17ee0f PDF Text Text *• / .1 ' <^JV/DJ^ VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING January 16,2002 The meeting was called to order by Robert Anello, Chairman at 8:00 p.m. The Chair noted that a quorum was present. Present: Robert Anello, Chairman James Galgano Peter Koffler Eliot Martone Miguel Jimenez Linda Moiron Absent: Bruno Volpaccio Also Present: Ed Lammers (Murphy, Stecich & Powell/Village Attorney) Bob Stiloski (Department of Fire and Life Safety) Anthony Del Vecchio (Recording Secretary) Agenda: a) Christina Rodriguez b) Giovanni Volpaccio c) Other business d) Minutes of December 2001 Announcements: a) Christina Rodriguez - *t*Aft| CJjpy This is a continuation from the previous meeting. The Chair asked is the returns were received. Bob Stiloski responded yes. George Rodriguez is representing this application for his sister, Christina. He stated that she wants to sell ices in the summertime and soups in the wintertime. The Chair asked v/hat is the property across the street. Bob Stiloski responded that it is owned by George Samaras. The Chair asked what was the size of the property. Bob Stiloski responded 800 SF. The Chair asked if hot dogs, cooked food, etc. would be sold. George Rodriguez responded that they would not sell food that required a hood. �The Chair asked if the Board had any questions. Miguel Jimenez asked if a floor plan was submitted. Bob Stiloski responded that it is not required because no seating would be added since the proposal is for take out food. Linda Moiron asked about the parking. Bob Stiloski responded that parking is not an issue for take out food. There was an open discussion on the number of spaces associated with the building. It was agreed that there are four spaces allocated for this business. The Chair stated that the proposal in not adversely impacting the neighborhood and it is not a self-created hardship. Eliot Martone asked if the return from George Samaras was received. Bob Stiloski responded yes. Miguel Jimenez asked if his property was within 200 feet of the applicants business. Bob Stiloski responded no. Miguel Jimenez stated that parking in the area is an issue. The Chair responded that parking is not required for the proposed usage. Bob Stiloski stated that there are four vacancies in this building. The Chair opened the public hearing. Since there were no public comments, Eliot Martone made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (6-0). Linda Moiron stated that since there are no parking problems, she has no problem with the proposal. Eliot Martone agreed. Jim Galgano stated that the Village could use the commerce in the area. Miguel Jimenez stated that he believes this will add congestion to the area. Linda Moiron made a motion to approve the application as submitted. Jim Galgano seconded. It was approved 4-1 (Jimenez). Koffler abstained. b) Giovanni Volpaccio This was adjourned to the next meeting. Zoning Board of Appeals Meeting, January 16,2002 2 �c) Augustine Triana There was an open discussion on the previous approval and the current situation of this property. Bob Stiloski stated that he would review the approved variance. d) Antonio Rodriguez There was an open discussion on the parking requirements. Bob Stiloski stated that he would check the survey in the building records. e) Minutes of December 2001 The minutes for December 2001 were reviewed. The following correction was noted: a) Kevin Sullivan On page 2, add: "The Chair stated that this is not in character with the community. He also stated that this is a self-created hardship." Eliot Martone made a motion to approve the minutes as amended. Miguel Jimenez seconded. It was unanimous (6-0). f) Review of the Ethics Code The Board discussed the review of the Ethics Code. There was no action taken. Peter Koffler made a motion to adjourn. Linda Moiron seconded. It was unanimous (6-0). Adjourned at 8:40 p.m. to next meeting. Respectfully Submitted, Anthony DelVecchio Zoning Board of Appeals Meeting, January 16,2002 3 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2002 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_2002-01-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-2002 Date A point or period of time associated with an event in the lifecycle of the resource 2002 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text