1 25 9 https://sleepyhollow.localarchives.org/files/original/7e8a1bbe45a7e262de0248b4283c1ac4.pdf f8a5e302795028a653be34cc403a0fb0 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED February 19, 2003 The meeting was called to order by Peter Koffler, Acting Chair at 8:03 P.M. The Chair noted that a quorum was present. Present: Eliot Martone Linda Moiron Sean McCarthy Tom Capossela Peter Koffler, Acting Chairman James Galgano Absent : Robert Anello, Chairman Also Present: Ed Lammers (Murphy, Stecich & Powell/Village Attorney) Robert Stiloski (Director, Department of Fire & Life Safety) Anthony Del Vecchio (Recording Secretary) Agenda: 1) James Fuller 548 Munroe Ave 2) Cirillo Rodriguez 150 Cortlandt Street 3) CFF Realty 361 N. Broadway 4) Grace Malandrino 104 Gordon Ave. 5) Minutes of the November 2002 and December 2002 meetings Announcements: There were none. 1) James Fuller This is an application for an area variance to construct a one story addition. The applicant is requesting a rear yard variance from the required 25-foot minimum to a 21.37-foot minimum. The public notice was read aloud. The Chair asked if the returns were received. Bob Stiloski responded yes. The Chair stated that the Board was in receipt of the following items: 1) Public Notice 2) Application 3) Denial letter from Jim Margotta 4) Survey �James Fuller is the applicant and is representing his application. He spoke about the proposed one story addition in detail. The Chair opened the public hearing. Since there was no public comment, Sean McCarthy made a motion to close the public hearing. Eliot Martone seconded. It was unanimous (6-0). Tom Capossela made a motion to approve the variance as submitted. Eliot Martone added that the variance is minimal and that the proposed addition is not detrimental to the neighborhood. Sean McCarthy asked if there was another way to accomplish this without requiring a variance. James Fuller responded that the only other way to achieve the same request would be to move the garage. Jim Galgano seconded the motion. It was unanimous (6-0). 2) Cirillo RodriguezThis is an application for an area variance to construct an addition. The applicant is requesting a variance for the following non-compliances: Proposed Front yard is 5-feet Required Min. front yard of 20-feet Lot size is 2687.5 SF Min. size required is 4,000 SF Lot Width is 21.5 feet Lot width of 40-feet is required. Lot coverage 51% Max lot coverage is 35% The north side yard setback (existing) is 0-feet and the south side yard setback (existing)is 0-feet Minimum side yard setback is 3-feet and a total (both sides) of 12. The north side yard setback (proposed)is 4-feet Minimum side yard setback is and the south side yard setback (proposed) is 1.9-ft. 3-feet and a total (both sides) of 12. No parking spaces 2 parking spaces required The public notice was read aloud. APPROVED - Zoning Board of Appeals Meeting, February 19, 2003 2 �The Chair asked if the returns were received. There was an open discussion on the accuracy of the returns. This item was temporarily adjourned so that the accuracy of the returns could be verified. 3) CFF Realty This is an application for an area variance to construct a second story addition. The applicant is requesting a variance for the following non-compliances: Proposed Front yard is 9-feet Required Min. front yard of 20-feet Lot size is 7500 SF Min. size required is 10,000 SF No Buffer Buffer required in rear yard The Chair asked if the returns were received. Bob Stiloski responded yes. The public notice was read aloud. The Chair stated that the Board was in receipt of the following items: 1) Public Notice 2) Application 3) Denial letter from Jim Margotta 4) Site Plan Victor Solarik is the project architect and is representing this application. He spoke about the proposed one story addition in detail. The Chair asked if any variances were granted previously. Bob Stiloski responded no. He stated that the property is an existing non-conforming structure. Victor Solarik spoke about the proposed parking area and the landscaping plan. Ed Lammers asked if there was a fence in the rear. Victor Solarik responded no. He stated that there is a retaining wall in the rear. The Chair asked if the exterior would be replaced. Victor Solarik responded yes. He stated that he has received Waterfront Advisory Committee and Architectural Review Board approvals. Ed Lammers spoke about the buffer areas. He stated that the required buffer area is APPROVED - Zoning Board of Appeals Meeting, February 19, 2003 3 �5-feet. He also stated that a 5-foot high fence is needed but a retaining wall currently exists. He stated that there is to be no parking in the buffer area and that the area should be landscaped. There was an open discussion on the use of the adjacent properties. Sean McCarthy asked how many vehicles would be parked on site. Victor Solarik responded that there would be about 2-3 employees. Sean McCarthy asked if two more parking spaces could be created to the side in order to avoid the parking in the buffer area. Victor Solarik responded that he could look further into this alternative. Sean McCarthy asked about the parking requirements for the rental space on the 2nd floor. Victor Solarik responded 7 spaces. There was an open discussion on the number of spaces needed. It was agreed that eleven (11) spaces were needed. The Chair opened the public hearing. Since there was no public comment, Sean McCarthy made a motion to close the public hearing. Jim Galgano seconded. It was unanimous (6-0). Sean McCarthy asked if the applicant financially needed the 2nd-floor rental space. Victor Solarik responded that the rental space was needed to finance the project. Jim Galgano made a motion to approve the variance as submitted. The Chair stated that the applicant could recess the 2nd-floor inward by 5-feet and a variance would not be required. Jim Galgano stated that the building would not be any taller that the existing building. Eliot Martone asked if the motion includes two (2) parking spaces in the buffer area. Jim Galgano responded yes. There was an open discussion on how to legally join two (2) parking spaces for the twofamily house since they are owned by the same owner. Tom Capossela amended the motion to include evergreen plantings within the rear of the house near the border and that two (2) parking spaces are legally set aside for the 2family house. The motion was approved (4-2) (Koffler, McCarthy objected). APPROVED - Zoning Board of Appeals Meeting, February 19, 2003 4 �4) Grace Malandrino This is an application for an area variance to construct a rear addition. The applicant is requesting a variance for the following non-compliances: Proposed Required Front yard is 11’-8” on Gordon and Min. front yard of 20-feet is required 2’5” on Rice Ave for both. Lot size is 3840 SF Min. size required is 4,000 SF Lot coverage will be 36.3% Max lot coverage is 35% Side Yard is 2-feet Required side yard is 3-feet on one side Rear yard is 13’-10-3/4” Rear yard setback is 25-feet Garage setback is 2’-2” Garage setback of 25’ is required. The public notice was read aloud. The Chair asked if the returns were received. Bob Stiloski responded yes. The Chair stated that the Board was in receipt of the following items: 1) Public Notice 2) Application 3) Denial letter from Jim Margotta 4) Site Plan Michael McGarvey is the project engineer and he is representing the applicant. He explained the project in detail. He stated that the second floor would have a kitchen added in order to accommodate the additional apartment. Eliot Martone asked about the existing lot coverage. Michael McGarvey responded that he did not know but the additional coverage was 375 SF. Sean McCarthy asked if the lot coverage include the garage. Michael McGarvey responded no. Eliot Martone asked about the number of bedrooms. Michael McGarvey responded: 1ST floor – 2 bedrooms APPROVED - Zoning Board of Appeals Meeting, February 19, 2003 5 �2nd floor – about 2 bedrooms Eliot Martone asked (to Bob Stiloski) how this affects the parking numbers. Bob Stiloski responded that they need to know the exact number of bedrooms. Ed Lammers stated that the garage should have been included in the lot coverage calculations. There was an open discussion on the accuracy of the requested variance. It was determined that the applicant would recalculate the lot coverage and the number of bedrooms and re-issue the public notice if necessary. The Chair opened the public hearing. Since there was no public comment, Eliot Martone made a motion to close the public hearing. Sean McCarthy seconded. It was unanimous (6-0). This was adjourned. Sean McCarthy stated that a variance was also required by the State. It was determined that the applicant would be informed of the required NY State variance. 2) Cirillo Rodriguez (continued)There was an open discussion on the accuracy of the mailings and the acceptable methods for noticing the public. It was determined by the Board that the Notice was sufficient pursuant to Village Code § 62-44. The Chair stated that the Board was in receipt of the following items: 1) Public Notice 2) Application 3) Denial letter from Jim Margotta 4) Survey Jeffrey Shumejda is representing this application along with Cirillo Rodriguez. Jeffrey Shumejda stated that any improvement to this property would require a variance based on the lot size and its location within the Village. He spoke about the proposed project. He stated that the applicant would move into one of the units with his family. He also stated that the project would not adversely impact the neighborhood. Bob Stiloski stated that the work has already been completed without a building permit. APPROVED - Zoning Board of Appeals Meeting, February 19, 2003 6 �The Chair asked if the work was completed. Jeffrey Shumejda responded that the project is partially built. The Chair asked why the applicant started building without coming before the Board first. Jeffrey Shumejda responded that the applicant made a prior application to the Village but the plans were rejected on more than one occasion. Bob Stiloski responded that the application was filed after the unauthorized work was discovered. He stated that no prior applications were filed prior to the issuance of the stop work order. The Chair asked if the applicant owns other property in the Village. Jeffrey Shumejda responded yes along with his father-in-law. The Chair suggested that since the applicant owns other property in the Village, he should be aware of the process for obtaining a building permit. Cirillo Rodriguez responded that plans were repeatedly submitted to the building department and rejected so he built it anyway. Jeffrey Shumejda stated that there was an approval for some of the construction. Bob Stiloski responded that the approval was for some interior work only. He also stated that the applicant had some illegal apartments and the permits were issued to correct existing violations. Eliot Martone stated that the project architect (Turnquist Architects) is very familiar with the building permit process in the Village. He asked if the applicant would agree that work was done prior to applying for a permit for the new structure. Jeffrey Shumejda responded that he would agree that construction for the new structure was done without a permit. The Chair stated that the applicant knew that he was building without a permit and build it anyway. The Chair asked when the construction began. Cirillo Rodriguez responded October 2002. Sean McCarthy asked if the plans were sealed by the architect. Bob Stiloski responded no. He also stated that the plans were dated for December 6, 2002. Bob Stiloski gave a brief history of how the unauthorized work was discovered. He also spoke briefly about the pending legal status of the applicant with regards to this property and the unauthorized work. The Chair asked if it was possible to visit the site. Jeffrey Shumejda responded yes. He stated that two (2) of the members have already visited the site. APPROVED - Zoning Board of Appeals Meeting, February 19, 2003 7 �Tom Capossela stated that he visited the site and he questions the accuracy of the plans and the actual built structure. There was an open discussion on whether the plans are accurate with respect to the built structure. The Chair requested that an as-built survey be performed to accurately determine the magnitude of the requested variances. There was an open discussion on the version of the NYS Building Code that the applicant is required to comply with. It was agreed that the applicant needs to provide code compliance information. The Board agreed that they need the following before the matter can be heard: 1) As-built survey (certified) 2) NY State Code compliance information and that the public may need to be re-noticed accordingly before hearing continues. This was adjourned to the next meeting. 5) Minutes of the November 2002 and December 2002 meetings - The minutes for November 2002 were reviewed. Sean McCarthy made a motion to approve the minutes as submitted. Jim Galgano seconded. It was unanimous (6-0). The minutes for December 2002 were reviewed and approved by consensus. Eliot Martone made a motion to adjourn. Tom Capossela seconded. It was unanimous (6-0). Adjourned at 9:45 p.m. to next meeting. Respectfully Submitted, Anthony Del Vecchio APPROVED - Zoning Board of Appeals Meeting, February 19, 2003 8 � 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-2003 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_2003-02-19 Subject The topic of the resource Zoning Board Minutes & Resolutions-2003 Date A point or period of time associated with an event in the lifecycle of the resource 2003 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/2e3c2bfa614d3015dcabaa171af2907c.pdf 52265dcfbaefbacbffa28380f614cda0 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED March 19, 2003 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 Eliot Martone Linda Moiron Sean McCarthy Tom Capossela James Galgano Absent : Peter Koffler Also Present: Ed Lammers (Murphy, Stecich & Powell/Village Attorney) Robert Stiloski (Director, Department of Fire & Life Safety) Anthony Del Vecchio (Recording Secretary) Agenda: 1) Juan Ordonez 2) Minutes of the February 2003 meeting 23 Andrews Lane Announcements: There was none. 1) Juan Ordonez This is an application for an area variance to legalize an existing two-family residence where the existing dwelling has the following non-compliances: Proposed Front yard is 2.1-feet Required Min. front yard of 20-feet Lot coverage 55% Max lot coverage is 35% The north side yard setback is 1.7-feet and the south side yard setback is 2.8-feet. The combined setback is 4-feet 5-inches. Minimum side yard setback is 5-feet and a total (both sides) of 15. Lot Width is 38.9 feet Lot width of 40-feet is required. No parking spaces 2 parking spaces required �The public notice was read aloud. The Chair asked if the returns were received. Bob Stiloski responded yes. The Chair stated that the Board was in receipt of the following items: 1) Application 2) Denial letter from Jim Margotta 3) Plans dated 01/20/03 4) Short EAF Winston Benefield is representing this application along with Nelson Guerrero on behalf of the applicant Juan Ordonez. Winston Benefield stated that the property is existing and that the setbacks are existing. He described the layout of the property. The Chair asked about the rear addition. Winston Benefield responded that he did not know when the rear addition was built. The Chair asked why the Board should grant a variance. He explained that the applicant purchased the property under the impression that it was a legal two-family residence. There was an open discussion on whether or not the applicant knew the property was a legal twofamily residence. The Chair asked why an area variance should be issued. Winston Benefield responded that other properties in the area have the same set-up so this would not be out-of-character with the neighborhood. He stated that many homes are multi-family and have no off-street parking. The Chair asked if the applicant had any proof that other multi-family homes have no off-street parking. He stated that many houses on Andrews Lane have garages. Winston Benefield responded that he did not have any proof to show the Board. The Chair asked if the applicant could build a garage. Winston Benefield responded no. The Chair asked if the applicant could build off-street parking. Winston Benefield responded no. He stated that the property would not allow any off-street parking to be built. The Chair asked about the current use of the property. Winston Benefield responded that it is currently used as a two-family residence. APPROVED - Zoning Board of Appeals Meeting, March 19, 2003 2 �The Chair asked about the number of electric meters. Winston Benefield responded one. The Chair asked if there were any other reasons for granting a variance. Winston Benefield responded that the owners want to legalize the two-family residence. The Chair asked why. Winston Benefield responded to subsidize their income. The Chair asked why the applicant did not seek a variance in 1998 when they purchased the property. Winston Benefield responded that they could not afford to pay for the necessary construction that was required. The Chair asked about the size of the apartments. Juan Ordonez responded 1st floor: one-bedroom 2nd floor: two-bedroom Tom Capossela asked if the property was currently rented. Juan Ordonez responded no. The Chair opened the public hearing. Maryann Diaz (co-owner of 19 Andrews Lane) spoke. She stated that she is concerned with the parking in the area. Blas Diaz (co-owner of 19 Andrews Lane) spoke. He stated that the property was illegally converted into a two-family residence about 25 years ago. He stated that he does not want cars parking on his property. Sean McCarthy stated that there are issues with parking in the area. Since there was no further public comment, Eliot Martone made a motion to close the public hearing. Jim Galgano seconded. It was unanimous (6-0). The Chair stated that previous letters from the Building Department dating back to 1994 all stated that the property is a one-family residence. The Chair stated that he is concerned about the additional parking clogging up streets. He stated that this is a self-created hardship. He also stated that he does not agree that it is not out-ofcharacter with the neighborhood. He stated that there is no reason to grant the variance. Jim Galgano asked Bob Stiloski what the Building Department records indicate. Bob Stiloski responded that there are no records prior to 1994. APPROVED - Zoning Board of Appeals Meeting, March 19, 2003 3 �Jim Galgano asked about the tax records. Bob Stiloski responded that he did not know. Tom Capossela stated that the kitchen and bath look like they do not conform to the Building Code. Bob Stiloski responded that the stairs are not correct either. The Chair asked if the property would conform to the Building Code. Bob Stiloski responded that he would not know until construction documents are submitted. The Chair asked the Board for comments. Linda Moiron stated that the owners knew about the conditions of the property when they purchased it. She stated that parking in the area is an issue. Eliot Martone stated that he agreed. He stated that this application is not in the best interest of the neighborhood. He stated that there are plenty of documents indicating that this property is a one-family residence. Eliot Martone made a motion to deny the application. Tom Capossela seconded. It was unanimous (6-0). 2) Minutes of the February 2003 meeting The minutes for February 2003 will be reviewed at the next meeting. Eliot Martone made a motion to adjourn. Jim Galgano seconded. It was unanimous (6-0). Adjourned at 8:50 p.m. Respectfully Submitted, Anthony Del Vecchio APPROVED - Zoning Board of Appeals Meeting, March 19, 2003 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-2003 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_2003-03-19 Subject The topic of the resource Zoning Board Minutes & Resolutions-2003 Date A point or period of time associated with an event in the lifecycle of the resource 2003 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/2ecd4b6c1b46c4d7ac6e6ea0b1ae11bd.pdf d9f0129f011c50bc65125da7d425ebfe PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED April 23, 2003 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 Eliot Martone Peter Koffler Sean McCarthy Tom Capossela James Galgano Absent : Linda Moiron Also Present: Ed Lammers (Murphy, Stecich & Powell/Village Attorney) Jim Margotta (Building Inspector, Village of Sleepy Hollow) Anthony Del Vecchio (Recording Secretary) Agenda: 1) Grace Malandrino 2) Minutes of the February and March 2003 meetings 104 Gordon Ave Announcements: The Chair stated that the Cirillo Rodriguez application would be moved to the next meeting. The Chair stated that the Board could make a final determination at that time. The Chair made a motion to make a final determination at the next meeting whether the applicant is present or not. Eliot Martone seconded. It was unanimous (6-0). 1) Grace Malandrino This is an application for area variances to construct a rear addition to the residence where the existing dwelling has the following non-compliances: Proposed Front yard is 11’-8” Required Min. front yard of 20-ft on Gordon and Rice Lot coverage 53.4% Max lot coverage is 35% Lot is 3,840 square feet 4,000 square lot is required �Side yard is 2 foot Minimum of 3-feet is required. Side yards combined are 4.5 feet Both side yards combined must be 12 feet Garage separation from addition-7.5 ft Minimum of 10-ft is required Garage setback is 2’-2” Rear yard of 25 feet is required The Chair asked if the returns were received. Ed Lammers responded yes. The public notice was read aloud. The Chair stated that only one side yard variance is required. He also spoke about the garage setbacks. Michael McGarvey is the project Engineer and is representing the applicant. He stated that the applicant is looking to convert an existing one-family house into a two-family house. He spoke about the characteristics of the neighborhood concerning parking. He also stated that the suggested variance is not out of character with the neighborhood. The Chair asked about the parking requirements. Jim Margotta responded that one parking space per unit is required and the applicant is providing two spaces in the two-car garage. Peter Koffler asked about the lot coverage. Michael McGarvey responded that the lot coverage would be 53% including the garage. The Chair asked about the basis for the variance. Michael McGarvey responded that the all of the houses on the block are multi-family. He also stated that the lot is an existing non-conforming lot. He stated that the applicant is not requesting financial hardship but she would live on the 1st floor due to her physical disabilities. The Chair opened the public hearing. Leslie Malandrino is the applicant’s daughter. She stated that she would be living in the additional unit in order to care for her mother. She also stated that she would assume the mortgage payments. She stated that the property is listed in the Mt. Pleasant tax records as a two-family residence already. The Chair asked if the Architectural Review Board has approved of the application. Michael McGarvey responded that they are on tonight’s Architectural Review Board agenda. Since there was no further public comment, Jim Galgano made a motion to close the public hearing. Tom Capossela seconded. It was unanimous (6-0). APPROVED - Zoning Board of Appeals Meeting, April 23, 2003 2 �Eliot Martone stated that it is not out-of character with the neighborhood. Peter Koffler referred to Village Code §62-40 (c) (1). The Chair stated that although this is a self-created hardship, it is not out-of character with the neighborhood, it is not a substantial variance, and it is the minimum zoning variance allowed. Tom Capossela made a motion to grant the variance as submitted. Jim Galgano seconded. It was approved (5-0-1) (Koffler abstained). 2) Minutes of the February and March 2003 meetings The minutes for February and March 2003 will be reviewed at the next meeting. Eliot Martone made a motion to adjourn. Jim Galgano seconded. It was unanimous (6-0). Adjourned at 8:35 p.m. Respectfully Submitted, Anthony Del Vecchio APPROVED - Zoning Board of Appeals Meeting, April 23, 2003 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-2003 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_2003-04-23 Subject The topic of the resource Zoning Board Minutes & Resolutions-2003 Date A point or period of time associated with an event in the lifecycle of the resource 2003 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/d3b2991d18089f89d0db4685ad8c1fdb.pdf 856248b1f8ee5e043f1dafcd48be21f4 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED May 21, 2003 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 Linda Moiron Sean McCarthy James Galgano Absent : Tom Capossela Eliot Martone Peter Koffler Also Present: Ed Lammers (Murphy, Stecich & Powell/Village Attorney) Robert Stiloski (Director, Department of Fire & Life Safety) Anthony Del Vecchio (Recording Secretary) Agenda: 1) Benjamin Hunter 163 Highland Avenue 2) John Masiello 12 Palmer Avenue 3) James Volpe 26 Hudson Terrace 4) Cirillo Rodriguez 150 Cortlandt Street 5) Minutes of the February, March and April 2003 meetings Announcements: The Chair stated that the Board would not have a quorum for the Benjamin Hunter application. The Chair stated that the applicant could go to the Architectural Review Board. 2) John Masiello This is an application for area variances to construct a rear addition to the residence where the existing dwelling has the following non-compliances: Proposed Side yard is 10.6 feet and the both side yards combined are 20.69 feet. The Chair asked if the returns were received. Required Minimum of 10 feet on one side and Both side yards combined must be 25 feet. �Bob Stiloski responded yes. The public notice was read aloud. The Chair stated that the Board was in receipt of the following: 1) Application 2) Survey showing existing structure (dated 04/27/94) 3) Plans Mrs. Masiello is representing this application along with Frank Ambrosino the project architect. She stated that the purpose of the extension was to expand the kitchen, bathroom, and mudroom. The Chair asked if the non-conformity was only on the one side. Mrs. Masiello responded yes. Frank Ambrosino stated that the new work would be aligned with the existing non-conformity. The Chair stated that most of the new work is in the rear. He also stated that this is the minimum variance that could be granted. Sean McCarthy asked if the existing screened porch has a Certificate of Occupancy. Frank Ambrosino responded that he did not know. Sean McCarthy asked if the same effect could be achieved by knocking down the screened porch. He stated that a variance would not be needed if the screened porch could be knocked down. Frank Ambrosino responded that he did not know. He stated that this option was not investigated. He also stated that the existing footings would be re-used if they are structurally sound. The Chair stated that other houses in the neighborhood have infringements on the side yard so it is not out-of-character with the neighborhood. The Chair opened the public hearing. Since there were no public comments, Sean McCarthy made a motion to close the public hearing. Jim Galgano seconded. It was unanimous (4-0). The Chair stated that the variance was not substantial. He also stated that the proposed work was not out-of-character with the neighborhood and that it was not a self-created hardship. Jim Galgano made a motion to approve the variance as requested. Linda Moiron seconded. It was unanimous (4-0). 3) James Volpe This is an application to construct a rear addition to his residence where the proposed addition APPROVED - Zoning Board of Appeals Meeting, May 21, 2003 2 �will create the following non-compliances: Proposed Required Structure will cover 38.4% of the lot Maximum lot coverage is 35% Side yard is 0.4 feet and the both side yards combined are 1.8 feet. Minimum of 3 feet on one side and both side yards combined must be 12 feet. The Chair asked if the returns were received. Bob Stiloski responded yes. The public notice was read aloud. The Chair stated that the Board was in receipt of the following: 1) Letter from James Volpe dated 04/21/03 2) Petition for a variance 3) Survey 4) Copy of the survey with notations Greg McWilliams is the project architect and is representing this application along with James Volpe. Greg McWilliams explained the layout of the existing lot. He stated that he could only build towards the rear of the property. He described the proposed changes to the house and the garage. He reviewed the variances sought. The Chair asked why the applicant is seeking a variance. Greg McWilliams described the layout of the house in relation to the neighborhood. He described the proximity of the property to the Sleepy Hollow High School. The Chair opened the public hearing. Since there was no public comment, Linda Moiron closed the public hearing. Jim Galgano seconded. It was unanimous (4-0). There was an open discussion on the accuracy of the public notice concerning both side yards requiring variances. It was determined that the public notice was accurate. Linda Moiron asked how a fire truck would access the property. Greg McWilliams responded that they could access the house from the high school parking lot. The Chair asked about the size of the garage. Greg McWilliams responded 12’x20’. APPROVED - Zoning Board of Appeals Meeting, May 21, 2003 3 �The Chair asked about the standard for a one-car garage. Greg McWilliams responded 9’x20’. The Chair asked if the applicant could add the 3-foor opening on the side yard opposite the high school. There was an open discussion on whether a 3-foot walkway could be achieved. It was agreed that a conditional variance could be granted. Linda Moiron made a motion to approve a 1.4-foot side yard variance on one side, total side yard variance (less than 12 feet total) and the variance for lot coverage and deny the request for a variance for the other side yard (3-foot side yard). Jim Galgano seconded. It was unanimous (4-0). 4) Cirillo Rodriguez This is an application for an area variance to construct an addition. The applicant is requesting a variance for the following non-compliances: Proposed Front yard is 5-feet Required Min. front yard of 20-feet Lot size is 2687.5 SF Min. size required is 4,000 SF Lot Width is 21.5 feet Lot width of 40-feet is required. Lot coverage 51% Max lot coverage is 35% The north side yard setback (existing) is 0-feet Minimum side yard setback is and the south side yard setback (existing) is 0-feet 3-feet and a total (both sides) of 12. The north side yard setback (proposed) is 4-feet Minimum side yard setback is and the south side yard setback (proposed) is 1.9-ft. 3-feet and a total (both sides) of 12. No parking spaces two parking spaces required Jeffrey Shumedja is representing this application along with Cirillo Rodriguez. The Chair stated that he was concerned that nobody was present for the last two meetings because of an improper adjournment without notice. He stated that the public would not be properly represented. He also stated that other supporting documents were requested and not received. He also stated that the Board had received a memo from the applicant just prior to tonight’s meeting. APPROVED - Zoning Board of Appeals Meeting, May 21, 2003 4 �The Chair asked if the side yard variance was revised. Jeffrey Shumedja stated that the applicant is requesting 0.3 feet on one side yard. He also stated that nobody from the public attended the meeting to speak on this application at the last meeting. Ed Lammers stated that the lot coverage has also changed from 51% to 49%. There was an open discussion on whether the public notice was accurate or not. The Chair asked when the plans were received. Bob Stiloski responded May 9, 2003. He also stated that the plans are dated May 1, 2003. Jeffrey Shumedja stated that only one variance has changed. He stated that there is no provision in the Village Code on the length of time for an application. He also stated that the applicant does not prepare the public notices. The Chair stated that new plans were submitted after the notice was sent out. There was an open discussion on the accuracy of the notice. Ed Lammers stated that if the drawings were submitted on May 1, 2003, it would be impossible to get out a public notice since the Village Code requires that the public notices be sent out 20 days prior to the meeting. The Chair expressed concerns that the public is not aware that the application is moving forward since it was adjourned for the last few months. The Chair polled the Board. It was agreed that the public notice needs to be resent. Jeffrey Shumedja stated that the Village told the applicant that the Board would not hear the application since the plans were incomplete. Sean McCarthy made a motion to re-notice the public in accordance with the plans dated May 1, 2003. Jim Galgano seconded. It was unanimous (4-0). Jeffrey Shumedja stated that the applicant does not create the public notice. The Chair stated that the applicant has an obligation to make sure that the notice is accurate and that it is distributed. He also stated that the applicant needs to make sure that the Board and the public have accurate information. 5) Minutes of the February, March and April 2003 meetings - APPROVED - Zoning Board of Appeals Meeting, May 21, 2003 5 �The minutes for February 2003 will be reviewed at the next meeting. The minutes for March 2003 were reviewed. Sean McCarthy made a motion to approve the minutes as submitted. Linda Moiron seconded. It was unanimous (4-0). The Draft minutes for April 2003 were reviewed. On page 2, it reads: “The Chair stated that only one side yard is required. He also spoke about the garage setbacks.” It should read: “The Chair stated that only one side yard variance is required. He also spoke about the garage setbacks.” On page 2, it reads: “Michael McGarvey is the project Engineer and is representing the applicant. He stated that the applicant is looking to convert an existing one-family house into a two-family house. He spoke about the characteristics of the neighborhood concerning parking.” It should read: “Michael McGarvey is the project Engineer and is representing the applicant. He stated that the applicant is looking to convert an existing one-family house into a two-family house. He spoke about the characteristics of the neighborhood concerning parking. He also stated that the suggested variance is not out of character with the neighborhood.” Linda Moiron made a motion to approve the minutes as amended. Chairman Anello seconded. It was unanimous (4-0). Linda Moiron made a motion to adjourn. Jim Galgano seconded. It was unanimous (4-0). Adjourned at 9:11 p.m. Respectfully Submitted, Anthony Del Vecchio APPROVED - Zoning Board of Appeals Meeting, May 21, 2003 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-2003 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_2003-05-21 Subject The topic of the resource Zoning Board Minutes & Resolutions-2003 Date A point or period of time associated with an event in the lifecycle of the resource 2003 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/60491626b8ad5186f900424953ec16bf.pdf 2f0363f97d980b6f26230b9319e59cd1 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED June 18, 2003 The meeting was called to order by Robert Anello, Chairman at 8:17 P.M. The Chair noted that a quorum was present. Present: Robert Anello, Chairman Linda Moiron Sean McCarthy Tom Capossela Eliot Martone Absent : James Galgano Peter Koffler Also Present: Robert Stiloski (Director, Department of Fire & Life Safety) Anthony Del Vecchio (Recording Secretary) Agenda: 1) Benjamin Hunter 163 Highland Avenue 2) Mr. & Mrs. O’Donnell 185 Beekman Avenue 3) David Rockefeller 132 Bedford Road 4) Pedro Lopez 21 Barnhardt Avenue 5) Marte Ruben 32 Kendall Avenue 6) Cirillo Rodriguez 150 Cortlandt Street 7) Minutes of the February and May 2003 meetings Announcements: None. 1) Benjamin Hunter – This is an application for an area variance to construct a detached two-car garage where the proposed garage creates the following non-compliances: Proposed Lot coverage 22.6% Required Max lot coverage is 20% Sean McCarthy recused himself from this application since he is the project architect and is representing this application. The Chair asked if the returns were received. �Bob Stiloski responded yes. The public notice was read aloud. The Chair stated that the Board was in receipt of the following: 1) Application dated 04/14/03 2) Notice 3) Plans dated 04/14/03 4) Short EAF 5) Copy of an application for a building permit. Sean McCarthy spoke about the proposed construction of a 2-car detached garage that would take the place of an existing shed. He stated that the building will cover 17.7% of the lot and the accessory structure would cover 4.9% of the lot. The Chair asked if the rear and side yard requirements would be met. Sean McCarthy responded yes. The Chair asked about the current coverage. Sean McCarthy responded 21.2 %. The Chair stated that the proposed construction would add 1% to the lot coverage. Sean McCarthy responded yes. The Chair asked if the proposed garage would be visible from the street. Sean McCarthy responded no. Sean McCarthy stated that the house was converted and extended and the garage was abandoned. He stated that the proposed application is also 200 sf below the Floor Area Ratio (FAR) allowed under the Village Code. The Chair asked if the proposed garage was a standard 2-car garage. Sean McCarthy responded yes. Sean McCarthy stated that the project would not disturb the site in any way including storm water. He stated that the intent of the project was to keep within the surrounding neighborhood. The Chair asked if the ZBA had any questions. There was none. The Chair opened the public hearing. Since there were no public comments, Linda Moiron made a motion to close the public hearing. Tom Capossela seconded. It was unanimous (4-0) (McCarthy abstained). APPROVED - Zoning Board of Appeals Meeting, June 18, 2003 2 �Eliot Martone stated that the proposed construction is not uncommon to the neighborhood and there was no public opposition. Eliot Martone asked what was behind the proposed garage. Sean McCarthy responded that there is a fence and a neighboring house. Eliot Martone asked if the houses were back-to-back. Sean McCarthy responded yes. The Chair stated that the proposed construction is in character with the neighborhood. He also stated that it is not a self-created hardship based on the house configuration. He also stated that the variance is the smallest variance (1%) that could be achieved. Tom Capossela made a motion to approve the variance as requested. Eliot Martone seconded. It was unanimous (4-0) (McCarthy abstained). 2) Mr. & Mrs. O’Donnell This is an application for an area variance to convert a single-family residence into a twofamily residence where the proposed conversion creates the following non-compliances: Proposed Required Front yard is 19-feet Min. front yard of 20-feet Side yard is 1.98 feet and the both side yards combined are 3.79 feet. feet. Minimum of 3 feet on one side and both side yards combined must be 12 No parking spaces 2 parking spaces required The Chair asked if the returns were received. Bob Stiloski responded yes. The public notice was read aloud. The Chair stated that the Board was in receipt of the following: 1) Application dated 05/13/03 2) Letter dated 05/12/03 denying conversion to a 2-family. 3) Letter to Jim Margotta from Kyle McGovern 4) Affidavits from neighbors APPROVED - Zoning Board of Appeals Meeting, June 18, 2003 3 �Kyle McGovern is the attorney representing the applicant. He stated that the house was a 2family residence for over 27-years. He stated that the owners are trying to sell the house when the title came back as a one-family residence. He stated that architect Sam Vieira has inspected the property and has written a letter stating that the building is sound and that the existence of a 2-family house is at least 20-25 years old. Kyle McGovern stated that there is no parking available on the site. The Chair asked when was the house first used as a 2-family. Kyle McGovern responded that the house has been occupied since 1983 by the owners as a 2family. The Chair asked if the applicant could go back further. Kyle McGovern responded that the tax records indicate a 2-family residence. The Chair asked if the applicant had the original closing documents. Kyle McGovern responded that the owners have the documents but the documents were not brought to the meeting. The Chair asked what the deed stated. Kyle McGovern responded that the deed stated that the house was a one or two family residence. The Chair asked if a Certificate of Occupancy exists. Kyle McGovern responded yes. He stated that the Certificate of Occupancy is dated 1992. Eliot Martone asked if a copy of the tax records was available. Kyle McGovern provided a copy of the tax record. He also stated that there are 2-electric meters and 2-gas-meters. He stated that the only record that needs to be adjusted is the Sleepy Hollow Building Department records. The Chair asked when the last time the structure was altered. Kyle McGovern responded that only the interior had been renovated. He stated that the exterior had never been altered. The Chair asked about the adjacent property. Kyle McGovern responded that there is a 3-family house next door with no parking. The Chair asked if the applicant had the tax records for the Town of Mt. Pleasant. Kyle McGovern responded yes. The Chair referred to one of the affidavits from a person that occupied one of the units. Kyle McGovern stated that the person who submitted the affidavit occupied the unit from 1977 to 1984. APPROVED - Zoning Board of Appeals Meeting, June 18, 2003 4 �The Chair asked if the applicant had any other knowledge that the house was used as anything other than a 2-family residence since it was built. Kyle McGovern responded no. Bob Stiloski submitted the Village Assessors records that show the property listed as a 2-family residence. The Chair opened the public hearing. Since there were no public comments, Eliot Martone made a motion to close the public hearing. Tom Capossela seconded. It was unanimous (5-0). The Chair stated that the affidavits date back to 1977. Sean McCarthy stated that he is familiar with the area and many of the houses are built in similar fashion. The Chair stated that only one parking space would be impacted since one space would be required for a one-family house. Eliot Martone stated that the house would not be out-of-character with the neighborhood. The Chair stated that the property could qualify as pre-existing the Village Zoning Code. Sean McCarthy stated that parking could be made available in the front yard but the curb cut will result in the loss of a street parking space. Eliot Martone made a motion to approve the request for a variance based on the fact that it is consistent with the neighborhood and that it pre-dates the Zoning Code. Sean McCarthy seconded. It was unanimous (5-0). 3) David Rockefeller This is an application to construct an addition to the existing residence and to erect a detached garage where the proposed construction will create the following non-compliances: Proposed Front yard is 12-feet Required Min. front yard setback of 75-feet Lot size is 39,775 SF Min. size required is 43,560 SF The proposed front yard setback for the garage is 18-feet. Minimum front yard setback of 75feet are required. APPROVED - Zoning Board of Appeals Meeting, June 18, 2003 5 �The rear yard setback is 42-feet. Minimum rear yard setback of 50feet is required. The Chair asked if the returns were received. Bob Stiloski responded yes. The public notice was read aloud. Peter Guzy is the project architect and is representing this application. He explained that some of the property had been taken by the County by eminent domain to widen Bedford Road. He explained that the lot is odd shaped and based on the Zoning restrictions would be impossible to build anything on the lot without a variance. He explained the existing conditions and the proposed structure. He also explained the problem of the front yard and rear yard setbacks based on the lot size. Tom Capossela questioned the 75 ft front yard setback. Bob Stiloski responded that the front yard-zoning requirement in an R1 zoning district is 75 feet. Peter Guzy stated that he used the house as a guide to establish setbacks for the layout. Sean McCarthy asked if the interiors would be renovated. Peter Guzy responded yes. He stated that the living room, bedroom, and bathrooms would be renovated. The Chair asked if the applicant had been before the Architectural Review Board. Peter Guzy responded that the applicant is on the Architectural Review Board’s June agenda. The Chair asked where cars are currently parking. Peter Guzy showed the location on the drawings where vehicles are currently parking. He stated that the driveway would be relocated further from the main road. The Chair asked where does the one-acre zoning start. Peter Guzy responded that this is the first house in the R1 district as you go up Bedford Road. He also stated that no existing site conditions would be changing. The Chair opened the public hearing. Since there were no public comments, Eliot Martone made a motion to close the public hearing. Tom Capossela seconded. It was unanimous (5-0). The Chair noted the interesting piece of property. He stated that the applicant would require a variance no matter what was built on the property. He stated that the relocation of the garage is a good idea for safety. Linda Moiron made a motion to approve the variance as requested. Tom Capossela seconded. It was unanimous (5-0). APPROVED - Zoning Board of Appeals Meeting, June 18, 2003 6 �4) Pedro Lopez This is an application for an area variance to convert a single-family residence into a twofamily residence where the proposed conversion creates the following non-compliances: Proposed Front yard is 9.4-feet Required Min. front yard of 20-feet Lot size is 3705 SF Min. size required is 4,000 SF Lot Width is 21.59 feet Lot width of 40-feet is required. The side yard setback is 1.9-feet and the combined total is 3.3-feet Minimum side yard setback is 5-feet and a total (both sides) of 15 The Chair asked if the returns were received. Bob Stiloski responded yes. The public notice was read aloud. The Chair stated that the Board was in receipt of the following: 1) Application. 2) Letter from Jim Margotta denying building permit. 3) Application for a building permit. Pedro Lopez is representing this application. He stated that there are six neighboring houses that are identical to his house. He stated that the houses were built around 1920. He explained the proposed renovations including expanding the house to add two additional bedrooms on the 1st floor and 2nd floor. The Chair asked about the required parking. Bob Stiloski responded that the parking requirements are indicated on the drawings. The Chair stated that parking is provided in the rear of the property according to the drawings. The Chair asked if the houses were all located on one lot. Pedro Lopez responded yes. He stated that easements exist to allow all owners to access the rear of the properties. There was an open discussion on the layout of the six properties in the area. The Chair asked how many houses are 2-family. Pedro Lopez responded that one other house is a 2-family house. There was an open discussion on whether or not the application is expanding the footprint of the property to accommodate the additional work. APPROVED - Zoning Board of Appeals Meeting, June 18, 2003 7 �There was an open discussion on whether the neighboring property owner needed a variance or not when converting to a 2-family house. Eliot Martone asked if the applicant was not converting to a 2-family residence, would the variance still be required. Bob Stiloski responded that if the applicant built within the existing footprint, no variance would be needed. The Chair asked if multi-family houses are allowed in an R-5 district. Bob Stiloski responded yes. The Chair asked the applicant why the Board should grant a variance. Pedro Lopez responded that his older children would be moving in with him. The Chair opened the public hearing. George Hernandez (19 Barnhardt Ave.) spoke. He provided a letter from his brother Mario Hernandez opposing the variance. He read the letter for the record (see attached). Rene Hernandez (25 Barnhardt Ave.) spoke. He stated that all the homes on his side of the street are single family. He stated that he is concerned that other houses would be seeking a similar conversion. He stated that larger families than the applicants have lived in the neighborhood. He also stated that he is opposed to the outward expansion of the applicants building footprint. He also stated that he is concerned with his cousin’s property (19 Barnhardt Avenue) being surrounded like an “H” by 17 and 21 Barnhardt Avenue property expansions. Miguel Jimenez (135 Cortlandt Street) spoke. He stated that the porch already exists on the property. He stated that he has no problem with the proposed variance. Christina Huna (23 Barnhardt Avenue) spoke. She stated that she is concerned with parking in the area and is opposed to the variance. Fabian Lopez is the son of the applicant. He spoke about the Kryiakidis property. He stated that Mr. Kryiakidis owns 13 and 17 Barnhardt Avenue. He stated that the “H” effect already exists since the porch is an existing condition. The Chair asked about the easements. Rene Hernandez (25 Barnhardt Ave) explained the existing easement. The Chair asked if there were any restrictions on the easements. Pedro Lopez responded that he did not know. Eliot Martone asked if a covenant exists on all deeds. APPROVED - Zoning Board of Appeals Meeting, June 18, 2003 8 �There was an open discussion on the easements. Sean McCarthy stated that the houses used to have garages below the houses for parking. He stated that the garages have been closed and the cars are parking haphazardly in the rear of the properties. Since there was no further public comments, Eliot Martone made a motion to close the public hearing. Sean McCarthy seconded. It was unanimous (5-0). The Chair asked about the number of spaces needed for a 2-family house. Bob Stiloski responded two spaces. The Chair asked the applicant why is a 2-family house needed. He asked why a larger unit would not suffice. Pedro Lopez responded that his son will be married soon and they will live in the other unit. Pedro Lopez requested an adjournment in order to further investigate the easements. Eliot Martone made a motion to adjourn this application until the next meeting. Tom Capossela seconded. It was unanimous (5-0). The meeting was temporarily adjourned at 9:52 pm to provide a break for the Board members. The meeting was resumed at 9:59 pm. 5) Marte Ruben This is an application for an area variance to construct a two-family residence where the proposed construction creates the following non-compliances: Proposed Rear yard is 21.0-feet Required Min. rear yard of 25-feet Lot size is 2500 SF Min. size required is 4,000 SF Lot Width is 25 feet Lot width of 40-feet is required. The side yard setback is 5-feet and the combined total is 9.0-feet Minimum side yard setback is 5-feet and a total (both sides) of 15feet Jon Turnquist is the project architect and is representing this application along with Marte Ruben. He requested an adjournment so that more information could be provided to the public. APPROVED - Zoning Board of Appeals Meeting, June 18, 2003 9 �The Chair asked if the returns were received. Bob Stiloski responded yes. The public notice was read aloud. The Chair opened the public hearing since members of the public wished to speak about the accuracy of the public notice. There was an open discussion on the accuracy of the public notice. It was agreed that the public notice was correct although the Board members did not have the revised copy. Jon Turnquist briefly summarized the proposed application. He summarized the parking layout also. The Chair asked if a parking variance was required. Jon Turnquist responded no. The Chair asked who owns the lot. Jon Turnquist responded that Marte Ruben owns the lot. The Chair asked if Marte Ruben owns the adjacent house also. Jon Turnquist responded yes. Gurette Crow (48 Kendal Ave) spoke. She stated that the lot was always a parking lot for the adjacent house. She stated that there are always 6-7 cars parked on the lot. She stated that parking is unavailable on Kendal Ave. The Chair asked how the lot is currently used. Gurette Crow responded that the lot is currently a parking lot. She stated that she objects to the parking impacts in the area. She stated that she is concerned about where the cars that currently park on the lot will have now have to park. She also stated that the house will be out-ofcharacter with the neighborhood since it will be modern as opposed to the older style of houses that exist in the area. Richard Kelly (39 Kendal Ave) spoke. He stated that the area is already densely populated. He also stated that he was not noticed about this application. There was an open discussion on the list provided by the Village and the responsibility of the applicant to properly notice the public. There was a concern about the accuracy of the list and the public notice. No action was taken. APPROVED - Zoning Board of Appeals Meeting, June 18, 2003 10 �Monica Papadich (28 Kendal Ave) spoke. She stated that Kendal Ave is congested. She is concerned with parking in the area. Ellen McDonough (23 Kendal Ave) spoke. She stated that she is concerned with the construction of a 2-family house on a lot so narrow. Since there were no further public comments, the public hearing was adjourned. Eliot Martone made a motion to adjourn the application. Sean McCarthy seconded. It was unanimous (5-0). 6) Cirillo Rodriguez This is an application for an area variance to construct an addition. The applicant is requesting a variance for the following non-compliances: Proposed Front yard is 5-feet Required Min. front yard of 20-feet Lot size is 2687.5 SF Min. size required is 4,000 SF Lot Width is 21.5 feet Lot width of 40-feet is required. Lot coverage 49% Max lot coverage is 35% The north side yard setback (existing) is 0-feet and the south side yard setback (existing)is 0-feet Minimum side yard setback is 5-feet and a total (both sides) of 15 The north side yard setback (proposed)is 4.3-feet Minimum side yard setback is and the south side yard setback (proposed) is 0.3-ft. 5-feet and a total (both sides) of 15. No parking spaces 2 parking spaces required The public notice was read aloud. The Chair stated that the Board was in receipt of the following: 1) Application for a building permit dated 12/06/02 2) Letter from Jim Margotta. 3) Application dated 10/07/02 4) Short EAF 5) Zoning data 6) Memo in support of application 7) Letter to Cirillo Rodriguez from Bob Stiloski 8) Building plans dates 05/01/03 (as-built) APPROVED - Zoning Board of Appeals Meeting, June 18, 2003 11 �Jeffrey Shumedja is the attorney representing this application. He stated that the applicant could not control the need for a variance for the front yard, lot size, lot width, north side setback, and lack of parking. He stated that this building footprint is similar to other adjacent properties. He stated that he would discuss the lot coverage. Jeffrey Shumedja submitted photos for the record of 148, 146 and 144 Cortlandt Avenue. He stated that the lot coverage is totally consistent with the neighborhood. He submitted a photo of 152 and 150 Cortlandt for the record. He stated that neighboring properties are built to the property line also. He submitted tax maps for the neighboring area to the Board (attached). Jeffrey Shumedja referred to the tax maps. He stated that no property in the area conforms to the Village zoning code. He also stated that 150-152 Cortlandt are 36” apart and 150-148 Cortlandt are 24” apart. The Chair asked where the measurements came from. Jeffrey Shumedja responded that they were taken in the field. Sean McCarthy asked if there were any measurements for 152-154 and 154-160 Cortlandt Street. Jeffrey Shumedja responded no. He stated that the properties are commercial. He stated that the measurements focused on residential properties. Jeffrey Shumedja stated that a variance would not oppose the characteristics of the neighborhood. He also stated that with regards to the lot coverage, there are similar surrounding buildings that have built to the same boundaries as the applicant. The Chair asked if the applicant has lot coverage data for surrounding properties. Jeffrey Shumedja responded no. He stated that the information could be obtained if needed. He stated that the property fronts are all aligned on Cortlandt Street. He also stated that the applicant could not achieve the proposed benefits by any other means. He spoke about the other variances that the Board has issued to previous applicants this evening. The Chair noted that the previous variances did not alter the structure. He wanted the applicant to address why construction preceded the application for a variance. Jeffrey Shumedja responded that the side yard separations of the houses on Cortlandt Street. He stated that the applicant has the largest side yard separation in the area. The Chair asked if all of the buildings existing non-conforming uses or were variances granted. Jeffrey Shumedja responded that he would research this information. Jeffrey Shumedja stated that this application would have no adverse impact to the neighborhood. He stated that the applicant did construct without a building permit. He stated that the applicant did file an application but he did not have a valid permit. APPROVED - Zoning Board of Appeals Meeting, June 18, 2003 12 �The Chair asked why construction began. Jeffrey Shumedja responded that he would find out. The Chair stated that the building application dated 12/06/02 was denied after construction started. Jeffrey Shumedja responded that he would research and find out. The Chair asked for dates of application and construction and why the work was done without a permit. Jeffrey Shumedja spoke about the applicants need for the additional space. He stated that the applicant would move into this residence with his family. The Chair asked what variances are effected because of the extension. Jeffrey Shumedja responded that the lot coverage would be 49%. Eliot Martone asked about the lot coverage without the addition. Jon Turnquist is the project architect. He stated that the pre-existing lot coverage was not calculated. The Chair asked if the property was an existing 2-family residence. Jon Turnquist responded yes. The Chair asked the applicant to explain how the density of the area would increase. Jeffrey Shumedja responded that the property is zoned for its current use. He stated that the lot coverage should not increase the parking requirements for the applicant. The Chair referred to a memo submitted by Jeffrey Shumedja stating that the new structure is more compliant than the previous structure. Jeffrey Shumedja responded that the setbacks are greater. He stated that the existing structure was built to the property line and the new structure allows a side yard setback. The Chair noted that the new structure is significantly longer. He stated that the side yard setbacks extend twice the length of the property. The Chair stated that the applicant should address the Stop Work order and should address the plans that violate the building code. Sean McCarthy asked about the type of construction that the addition is made of. 1) He asked for the fire rating of the material. 2) He stated that the proposed addition blocks the only means of egress. He stated that a person could not safely exit the existing bedroom on the first floor and the proposed bedroom. He stated that he is concerned with the second floor also. 3) He asked about the exits for both units. He asked where they terminate at grade level. The Chair opened the public hearing. APPROVED - Zoning Board of Appeals Meeting, June 18, 2003 13 �Miguel Jimenez (135 Cortlandt Street) spoke. He stated that he owns 148 Cortlandt Street and that he has no objection to the proposed work. He also stated that the owner of 152 Cortlandt Street has no problems with the proposed variance. Jeffrey Shumedja requested an adjournment to the next meeting. Eliot Martone made a motion to adjourn this application to the next meeting. Linda Moiron seconded. It was unanimous (5-0). 7) Minutes of the February and May 2003 meetings - The minutes for February and May 2003 will be reviewed at the next meeting. Eliot Martone made a motion to adjourn. Linda Moiron seconded. It was unanimous (5-0). Adjourned at 11:37 p.m. Respectfully Submitted, Anthony Del Vecchio APPROVED - Zoning Board of Appeals Meeting, June 18, 2003 14 � 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-2003 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_2003-06-18 Subject The topic of the resource Zoning Board Minutes & Resolutions-2003 Date A point or period of time associated with an event in the lifecycle of the resource 2003 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/5916a678d1abb33b9851a124c174ea8f.pdf 7a45e69531160f11370d152417ae7723 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED July 16, 2003 The meeting was called to order by Robert Anello, Chairman at 8:17 P.M. The Chair noted that a quorum was present. Present: Robert Anello, Chairman Linda Moiron Sean McCarthy Tom Capossela James Galgano Peter Koffler Absent : Eliot Martone Also Present: Robert Stiloski (Director, Department of Fire & Life Safety) Robert Ponzini (Gaines, Baker & Novick/Village Attorney) Anthony Del Vecchio (Recording Secretary) Agenda: 1) Pedro Lopez 21 Barnhardt Avenue 2) Andrews/Rubick 12 Spruce Street 3) Maria Graca 143 New Broadway 4) Minutes of the February, May and June 2003 meetings Announcements: The Chair stated that the Board has received a letter dated July 16, 2003 from Jeffrey Shumedja requesting an adjournment to the September 2003 meeting. The Chair asked that the previously requested materials be submitted at least 15 days prior to the next meeting. Sean McCarthy made a motion to adjourn this application to the next meeting. Tom Capossela seconded. It was unanimous (6-0). The Chair stated that Marte Ruben application would be adjourned to the next month. 1) Pedro Lopez – This is a continuation from previous meetings. Pedro Lopez submitted a copy of the easement to the Board (attached). �The Chair noted that a stamped copy dated 07/18/94 discussing the easement for the common driveway. Pedro Lopez explained that he is removing the porch in the rear of the property and building out to the location of the existing porch. He stated that some of the neighbors are concerned with the parking impact. He showed some photos to illustrate the existing parking layout. He stated that he could fit four (4) cars on his property. He also stated that the Zoning Code requires two (2) parking spaces. The Chair asked the applicant to explain the neighbors concerns about increased traffic to the area. Pedro Lopez responded that the easement is not being respected. He stated that it is not used exclusively for egress/ingress. He also stated that not everybody leaves at the same time. The Chair asked if the parking area was paved. Pedro Lopez responded no. There was an open discussion on whether or not the area needed to be paved. It was decided that as per Village Code §62-14 (d), the parking area is not required to be paved since it is less than a three-family residence. The Chair opened the public hearing. Christine Hernandez (23 Barnhardt Ave) spoke. She stated that she is curious about the four (4) car parking arrangement. She stated that there are too many cars in the rear already. She stated that she is concerned with the potential conversion of the other houses in the neighborhood to 2-family. George Hernandez (19 Barnhardt Ave) spoke. He stated that he does not want additional traffic in the rear of the houses. He stated that he would lose a view of the Hudson River if the applicant were allowed to extend the property. Since there was no further public comments, Peter Koffler made a motion to close the public hearing. Sean McCarthy seconded. It was unanimous (6-0). Tom Capossela stated that the applicant could fix the residence without converting to a 2family residence. The Chair stated that he was concerned with the volume of cars in the area. He stated that the conversion to a 2-family house is a major concern to the neighbors. Sean McCarthy stated that the proposed 1.4 feet on one side of the house and 1.9 feet on the other side. He stated that the applicant could accomplish the same objectives without APPROVED - Zoning Board of Appeals Meeting, July 16, 2003 2 �extending the building footprint. He also stated that based on the NYS Code requirements, the applicant would have a difficult time getting a building permit. Linda Moiron asked if the applicant would consider seeking the variance without converting the structure to a 2-family residence. Pedro Lopez responded that he needs the additional unit for his soon to be married son. The Chair asked if a 2-family Certificate of Occupancy needed. Bob Stiloski responded that two (2) kitchens require a 2-family residence. There was an open discussion on the parking layout. Tom Capossela made a motion to deny the variance because it is out of character with the neighborhood. Sean McCarthy seconded. The motion to deny the variance was approved 5-1 (Moiron). 2) Andrews/Rubick This is an application for an area variance to renovate and construct an addition onto a single-family residence where the proposed conversion creates the following noncompliances: Proposed Required Side yard is 1.00 foot Minimum of 3 feet is required. Front yard is not shown on the plans Min. front yard of 20-feet The Chair asked if the returns were received. Bob Stiloski responded yes. The public notice was read aloud. The Chair stated that the Board was in receipt of the following: 1) Application dated 06/13/03 2) Short EAF 3) Letter dated 06/04/03 denying a building permit. 4) Letter from Andrews and Rubick dated 06/12/03. 5) Plans Ed Swaby is the project architect and is representing this application. He stated that the revised plans show the front yard setbacks. He stated that with the existing porch, the front yard setback is 13.7 feet. He stated that all of the variances are due to the existing non-conformity. APPROVED - Zoning Board of Appeals Meeting, July 16, 2003 3 �The Chair asked if the applicant had been before the Architectural Review Board yet. Bob Stiloski responded that it was not required. Bob Ponzini stated that the Board could have the applicant apply to the Architectural Review Board for approval. Sean McCarthy asked the applicant to explain the renovations. Ed Swaby briefly described the renovations. He stated that the downstairs kitchen is too small. The Chair stated that the house is not out of character with the neighborhood. He also stated that the applicant could not perform any work without a variance due to the non-conformity. Ed Swaby spoke about the architectural details that are being looked at in order to keep the original architectural features intact. The Chair opened the public hearing. Since there were no public comments, Linda Moiron made a motion to close the public hearing. Tom Capossela seconded. It was unanimous (6-0). The Chair stated that the proposed variance is in character with the neighborhood, the variance is not substantial and that there is not a self-created hardship. Sean McCarthy made a motion to approve the variance as submitted and that the applicant must secure the approval of the Architectural Review Board. Tom Capossela seconded. It was unanimous (6-0). 3 Maria Graca This is an application for an area variance to convert a single-family residence into a twofamily residence where the proposed construction creates the following non-compliances: Proposed Front Yard setbacks are 9.5’ to 8.9’ Required Front yard setback of 20 feet is required. The side yard is 0.4-feet for the porch and 3.4-feet for the house. The other side is 8.5-feet to 7.6-feet for a total of 7.10-feet. Minimum side yard setback is 5-feet and a total (both sides) of 15feet. The Chair asked if the returns were received. Bob Stiloski responded that the applicant submitted the returns a few minutes ago. He stated that the returns need to be verified. The Chair stated that the application would continue until the returns are verified. The public notice was read aloud. APPROVED - Zoning Board of Appeals Meeting, July 16, 2003 4 �The Chair stated that the Board had received the following: 1) Application dated 06/11/03. 2) Denial of application for a building permit 3) Letter from Jim Margotta 4) Survey 5) Building plans dated 06/11/03. Richard Blancato is the attorney representing this application along with architect, Robert Pollick. Richard Blancato stated that the existing building is 1.5 stories tall. He stated that the proposed project would add another story on top and convert the property to a 2-family residence. He stated that a use variance is not needed since the property resides in an R-4 zoning district. He stated that the existing building is non-conforming. There was an open discussion on the non-conforming structure and the side yard setback. Richard Blancato stated that the existing footprint is not changing. There was an open discussion on whether a variance is sought or an interpretation of the Village Zoning Code is sought. Richard Blancato responded that the position of the applicant is that a variance is not needed. There was an open discussion on the setbacks and the previous sub-division. Richard Blancato stated that the 2nd floor would not expand the existing non-conformity. He stated that the new addition would conform to the building not the porch. He submitted photos that show other houses in the neighborhood are 2-stories. He also stated that this is the minimal variance that could be granted. The Chair stated that this is a self-created hardship. Richard Blancato responded that it is a permitted use and the self-created hardship is not an issue. The Chair stated that the property was purchased knowing that the house was non-conforming. Richard Blancato responded that the applicant is not expanding the use of the property. The Chair stated that the applicant is expanding a non-conforming structure. Sean McCarthy asked if the applicant would build on the existing load bearing front wall. Richard Blancato responded yes. Robert Pollick stated that the project complies with the Floor-Area-Ratio (FAR). There was an open discussion on the 2nd floor plans and the access to the 2nd floor addition. APPROVED - Zoning Board of Appeals Meeting, July 16, 2003 5 �Sean McCarthy stated that he would like to see the plans for the 2nd floor. He also asked about the parking. Maria Graca responded that one car currently is parked under the house. She stated that the other car would be parked in the rear of the property. Bob Stiloski stated that the returns are complete with one discrepancy. He stated that the person who did not receive a notice was in attendance this evening. The Chair opened the public hearing. Edina Modesta (127 North Broadway) spoke. She stated that she did not receive a notice. She stated that the Board should deny the proposed application. She stated that the application would change the character of New Broadway. She stated that the recent construction project that the applicant built is less than 2-feet from her property. The Chair asked if a variance was granted for the house. Bob Stiloski responded that a variance was not needed. Edina Modesta responded that the occupants of the property park on the street and not in the driveway. She stated that they take away from the other residents. Walter Sacconi (147 North Broadway) spoke. He stated that he was concerned with the proposed driveway. Baiha Rudzitis Pinnis (148 New Broadway) spoke. She read a prepared statement opposing the proposed variance. There was an open discussion on the side yard distance that is proposed. Bob Stiloski asked for drawings that are more detailed. Karen Herlihy (140 New Broadway) spoke. She asked about the time frame that the applicant would have to construct the addition. The Chair responded that the variance allows the applicant one year to complete the proposed work. Karen Herlihy responded that the applicant took much longer than one year to complete the recent construction on New Broadway. Sean McCarthy stated that the applicant should add the actual FAR numbers to the plans and provide a parking layout. Richard Blancato stated that the applicant would ask for an interpretation at the next meeting. APPROVED - Zoning Board of Appeals Meeting, July 16, 2003 6 �Tom Capossela recused himself from the Board so that he could speak as a member of the public. He stated that he resides at 5 Tappan Ave in Sleepy Hollow. He stated that he received a copy of the public notice. He stated that he is opposed to the proposed variance. The Chair made a motion to adjourn to the next meeting. Linda Moiron seconded. It was unanimous (5-0) (Capossela abstained). 4) Minutes of the February, May and June 2003 meetings - The minutes for February will be reviewed at the next meeting. The minutes for May 2003 were reviewed. The Chair made a motion to approve the minutes as amended. Linda Moiron seconded. It was unanimous (6-0). The minutes for June 2003 were reviewed. The Chair made a motion to approve the minutes as submitted. Linda Moiron seconded. It was unanimous (6-0). Linda Moiron made a motion to adjourn. Tom Capossela seconded. It was unanimous (6-0). Adjourned at 10:07 p.m. Respectfully Submitted, Anthony Del Vecchio APPROVED - Zoning Board of Appeals Meeting, July 16, 2003 7 � 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-2003 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_2003-07-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-2003 Date A point or period of time associated with an event in the lifecycle of the resource 2003 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/32e621ac03631481cf3e54387b0aa8fd.pdf 41b9142e68fa82a9e34323449d97c0eb PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED September 17, 2003 The meeting was called to order by Robert Anello, Chairman at 8:17 P.M. The Chair noted that a quorum was present. Present: Robert Anello, Chairman Linda Moiron Sean McCarthy Tom Capossela James Galgano Eliot Martone Absent : Peter Koffler Also Present: Robert Stiloski (Director, Department of Fire & Life Safety) Robert Ponzini (Gaines, Baker & Novick/Village Attorney) Anthony Del Vecchio (Recording Secretary) Agenda: 1) Cirillo Rodriguez 150 Cortlandt Street 2) Maria Graca 143 New Broadway 3) Marte Ruben 32 Kendall Avenue 4) Eulogio Grullen 196 Cortlandt Street 5) Vincent Shroba vacant lot, Webber Ave 6) Kyriakidis 17 Barnhardt Avenue 7) Carlos Panjon 34 Cedar Street 8) Gary Thaler 116 Rice Avenue 9) Michael Cammarota 263 Farrington Avenue 10) Minutes of the February and July 2003 meetings Announcements: None. 1) Cirillo Rodriguez This is a continuation from previous meetings. The Chair asked the applicant to summarize the application to date. Jeffrey Shumedja is the attorney representing this application along with project architect, Jon Turnquist. He spoke about the variances that are beyond the applicant’s control. �The Chair asked if the applicant had any new materials. Jeffrey Shumedja submitted photos. The Chair stated that all items should be submitted 15 days before the meeting. Jeffrey Shumedja showed a revised drawing of the building interiors. He stated that the exterior walls would have a 1-hour fire rating. Jon Turnquist stated that the drawing is only a preliminary drawing. Jeffrey Shumedja spoke about the secondary means of egress. He passed out a drawing showing the conversion of a bedroom into a dining room. The Chair questioned the use of the dining room. Jeffrey Shumedja spoke about the lot coverage allowed by Code. He also spoke about the similar lot coverages in the immediate area. The Chair asked how the calculations were obtained. Jon Turnquist responded that the calculations were performed via the tax maps. The Chair asked for the calculations to be submitted to the Board prior to the next meeting. Jeffrey Shumedja submitted a stamped document from Ward-Carpenter Engineers detailing the distances between the buildings in the area. He also submitted eight (8) photos of buildings in the area. The Chair asked if the Board had any questions. Tom Capossela asked if any further work has been performed. Jeffrey Shumedja responded no. The Chair asked if there were any public comments. There was none. Sean McCarthy made a motion to adjourn this application to the next meeting. He also stated that the applicant will provide written calculations and revised plans to the Board at least 15 days prior to the next meeting. Linda Moiron seconded. It was unanimous (6-0). 2) Maria Graca This is a continuation from previous meetings. Richard Blancato is the attorney representing this application along with architect, Robert Pollick. Tom Capossela and Eliot Martone recused themselves from this application. APPROVED - Zoning Board of Appeals Meeting, September 17, 2003 2 �Richard Blancato spoke about the changes to the drawings. He stated that the first floor could not be changed since it is existing. He stated that the proposed second-floor addition would comply with the zoning code. Richard Blancato spoke about the front yard setbacks. He read § 62-13 (b) (1), which spoke about aligning of the front yards of adjacent houses. He also reviewed a drawing that detained the proposed addition. He submitted photos showing other adjacent houses. There was an open discussion on the non-conformity of the existing structure. Sean McCarthy spoke about the parking layout. Richard Blancato stated that since the applicant owns the adjacent lot, an easement would be granted to allow access to the parking area. Sean McCarthy asked about the Floor-Area-Ratio (FAR). Robert Pollick responded that the FAR numbers would be added to the drawings. The Chair asked if there is any other reason why a variance should be granted. Richard Blancato responded that the proposed structure complies with the Village’s height requirements. He also stated that the proposed structure is not out-of-character with the neighborhood in terms of height and that the requested FAR numbers would be provided. The Chair asked if the Board had any questions. There was none. The Chair opened the public hearing. Walter Sacconi (147 North Broadway) spoke. He stated that he was concerned with the proposed driveway. He stated that the driveway should be 10-feet wide. He also asked how the second floor does not infringe on the 3-foot side yard setback. The Chair responded that the applicant is seeking a side-yard variance. There was an open discussion on the width of the existing driveway and the proposed driveway. It was determined that the applicant will sit with the Building Department and determine the requirements. Tom Capossela (5 Tappan Landing) spoke. He stated that the same application was denied by the Board 6-years ago. He asked the Board to deny the request for a variance. Baiha Rudzitis Pinnis (148 New Broadway) spoke. She read a prepared statement opposing the proposed variance. Bill Herlihy (140 New Broadway) spoke. He stated that parking is a problem in the area. He asked the Board to deny the request for a variance. APPROVED - Zoning Board of Appeals Meeting, September 17, 2003 3 �Lena O’Neil (134 New Broadway) spoke. She stated that she was concerned with parking in the area. Bill Herlihy (140 New Broadway) spoke again. He stated that there are two (2) A/C units in the front yard. Bob Stiloski responded that there is nothing in the Village Code concerning A/C units in the front yard. The Board adjourned the public hearing. The Chair spoke about whether or not the application should be adjourned or not. He spoke about the setbacks and the driveway issues. He stated that this is a self-created hardship and that the FAR information is not available. He also stated that granting an easement would not solve the problem with the side yard. Linda Moiron stated that the density in the area is an issue. She agreed that this is a self-created hardship. The Chair stated that no documentation was submitted on the side-yard being in character with the neighborhood. He stated that the side yards are out-of-character with the neighborhood. Jim Galgano stated that the variance is small but the impact to the community is large. Jim Galgano made a motion to deny the request for a variance. Linda Moiron seconded. It was unanimous (4-0). 3) Marte Ruben – This is an application for an area variance to construct a two-family residence where the proposed construction creates the following non-compliances: Proposed Rear yard is 21.0-feet Required Min. rear yard of 25-feet Lot size is 2500 SF Min. size required is 4,000 SF Lot Width is 25 feet Lot width of 40-feet is required. The side yard setback is 4-feet and the combined total is 9.0-feet Minimum side yard setback is 5-feet and a total (both sides) of 15feet The lot width is 25 feet Min lot width of 40 feet is required APPROVED - Zoning Board of Appeals Meeting, September 17, 2003 4 �Actual parking provided is two spaces in tandem Required parking is two spaces adjacent to one another Jon Turnquist is the project architect and is representing this application along with Marte Ruben. Jon Turnquist spoke about the proposed application and about the proposed variances needed. There was an open discussion on the public notices and returns. It was determined that the public notices and returns were sufficient. Jon Turnquist spoke about other multi-family houses in the area. Eliot Martone questioned the usability of the proposed tandem parking. Sean McCarthy stated that Village Code § 62-12 (b) only allows a one-family house on a non-conforming lot. The Chair stated that a 2-family house on the proposed lot is not practical. There was an open discussion on whether or not to withdraw the application of whether to just adjourn the application. The Chair opened the public hearing. Pat Eden (25 Kendall Ave) spoke. She stated that the requested variances are too great. She also stated that the lot is too small to accommodate the proposed structure. Gurette Crow (48 Kendal Ave) spoke. She stated that she is concerned with the risk for potential fires in the area. She stated that she opposed to a one-family residence on the lot. Ellen McDonough (23 Kendal Ave) spoke. She stated that the square footage on the public notice compared to the plans is incorrect. She also stated that parking is a problem. Bob Stiloski confirmed that the square footage on the plans is correct. Jon Turnquist stated that the applicant wishes to withdraw the application. 4) Eulogio Grullen This is an application for a variance to legalize an existing dining room with 12 tables and 44 seats where the proposed creates the following non-compliances: APPROVED - Zoning Board of Appeals Meeting, September 17, 2003 5 �Proposed usage Zoning Requirements Is within 200 feet of a restaurant, delicatessen and a bar Chapter 62.20.1 – “ No portion of a property used for a restaurant or food service establishment…shall lie within 200 feet in a straight line from any lot or parcel that is used for another restaurant or food service…” No parking is provided Chapter 62.14(e) – Parking for 9 cars is required. One space for each five seats. The public notice was read aloud. The Chair asked if the returns were received. Bob Stiloski responded yes. John Hughes is the attorney representing this application along with Eulogio Grullen. The Chair stated that the Board had received the following documents: 1) Public Notice 2) Application 3) Factual background 4) Building permit application 5) Letter from Jim Margotta denying the permit. 6) Pre-date letter 7) Lease 8) List of expenses and revenues John Hughes submitted photos of the property. He spoke about the history of the business. He stated that the owner intends to expand the business into the adjacent vacant space. The Chair asked if the adjacent space was restaurant in the past. John Hughes responded yes. There was an open discussion on the history of the business and of the property. Tom Capossela questioned the existing beer license. John Hughes responded that NYS does not check for compliance with the Building Code prior to issuing a license. The Chair asked if cooking equipment would be installed on the property. John Hughes responded yes. APPROVED - Zoning Board of Appeals Meeting, September 17, 2003 6 �Bob Stiloski spoke about the history of the property since the mid 1990’s. The Chair asked the applicant to justify to the Board why a variance should be granted. John Hughes responded that the proposed use is not out-of-character with the neighborhood. He stated that the 200-foot rule is not practical in this area of the Village. The Chair stated that other applicants are held to stringent parking requirements. He asked why the applicant should be granted such a large variance. John Hughes responded that customers would mainly be local residents who would be walking to the restaurant. The Chair asked if the Board had any other questions. Eliot Martone asked if there would be a waiter/waitress service. John Hughes responded yes. The Chair opened the public hearing. Since there were no public comments, Linda Moiron made a motion to close the public hearing. Sean McCarthy seconded. It was unanimous (6-0). Sean McCarthy asked if sprinklers are required. Bob Stiloski responded no. He stated that the proposal is for less than 50 occupants. Sean McCarthy asked if the applicant would be expanding the bathroom facilities. John Hughes responded that the applicant could possibly expand the bathroom facilities. John Hughes stated that the applicant could return with a scheme that reduces the number of seats thus reducing the number of required parking spaces. Eliot Martone stated that he would like to see a revised plan with reduced seating, proper egress, and reduced parking requirements. The Chair asked if the applicant could use the space for another permitted use. John Hughes responded yes. The Chair stated that he is concerned with the parking in the area. He stated that the applicant was deceived in the purchase of the business. He also stated that he is concerned with the danger of fires in the dense inner Village. John Hughes requested an adjournment to re-evaluate the proposal. Sean McCarthy made a motion to adjourn this application. Eliot Martone seconded. It was unanimous (6-0). APPROVED - Zoning Board of Appeals Meeting, September 17, 2003 7 �5) Vincent Shroba This is an application for an area variance to construct a two-story single-family residence where the proposed construction creates the following non-compliances: Proposed Rear yard is 5.0-feet Required Min. rear yard of 25-feet Front Yard is 5.0 feet Min. front yard of 20-feet The public notice was read aloud. The Chair asked if the returns were received. Bob Stiloski responded yes. Sean McCarthy recused himself from this application. Sean McCarthy is the project architect and is representing this application. He summarized the proposed project. He stated that the proposed structure would be a single-family house. He spoke about the property layout and the existing property restrictions. He superimposed the zoning requirements on the lot. He stated that based on the required zoning setbacks, the applicant could only build a house 13-foot wide on the lot. He stated that the proposed structure is 30-foot 6-inches wide by 46-foot long modular house. Sean McCarthy showed a drawing of the proposed structures appearance. He stated that the proposed structure is not detrimental to nearby homes. He stated that nothing could be built on the site without a variance. He stated that the variances are minimal. He also stated that construction would not affect environmental issues in the area. He stated that the parking requirements are met. Lastly, he stated that the lot is existing and that this is not a self-created hardship. The Chair opened the public hearing. Jim Hogan (192 Webber Ave) spoke. He stated that the request is not reasonable. He stated that the variances are too large. The Chair asked what would be reasonable. Jim Hogan responded that the variances should be lesser. John Arcate (10 Hemlock Drive) spoke. He stated that he is concerned with the height difference between Webber Ave and Sleepy Hollow Road. He stated that a retaining wall exists. He also stated that the applicant created this problem during the sub-division. Frank Occhipinti (18 Hudson Street) spoke. He stated that the public did not oppose the sub-division. APPROVED - Zoning Board of Appeals Meeting, September 17, 2003 8 �The Chair asked if the Planning Board minutes were available. Sean McCarthy responded that the minutes were not available. Steven Shroba (applicant) spoke. He stated that if the lot was a problem, why was the sub-division approved. The Chair responded that the Planning Board granted the sub-division. Shawn Tracy (229 Webber Ave) spoke. He stated that the impact to the neighborhood is too great. He stated that he rear yards of the properties should be examined. Paul Webb (191 Webber Ave) spoke. He stated that he is concerned with the house being so close to the road. He also stated that he is concerned with the removal of trees on the lot. The Chair responded that this Board does not address the removal of trees. Constance Montanaro (203 Webber Ave) spoke. She stated that the house would be an eyesore. She stated that the variance should be denied. Gary McLain (63 Sleepy Hollow Road) spoke. He stated that the property could have been sub-divided differently. Margaret Fox (213 Webber Ave) spoke. She opposed the variance. Since there were no further public comments, Eliot Martone made a motion to close the public hearing. Jim Galgano seconded. It was unanimous (5-0). Eliot Martone stated that the main opposition is the front yard setback. He stated that the house could be moved. The Chair stated that the proposed structure could be stick-built and not a pre-fabricated structure. The Chair stated that he would like to see the following: 1) Planning Board minutes approving the sub-division 2) Topography Sean McCarthy stated that many of the problems in the area would not be increased by the addition of a one-family unit. He requested an adjournment to the next meeting. Eliot Martone made a motion to grant an adjournment to the next meeting. Linda Moiron seconded. It was unanimous (5-0). APPROVED - Zoning Board of Appeals Meeting, September 17, 2003 9 �6) Kyriakidis There was an open discussion on the ability of the Board to review revised drawings for a previously approved parking lot. It was determined that since the variance was not effected, it was an enforcement issue for the Building Department. 7) Carlos Panjon This is an application for an area variance to install a parking space where the proposed construction creates the following non-compliances: Proposed Width is 7’-0” Required A width of 9’-0” is required. Length is 16’-0” A length of 18’-0” is required. The public notice was read aloud. The Chair asked if the returns were received. Bob Stiloski responded yes. Robert Barstow is the project architect and is representing this application along with Carlos Panjon. Robert Barstow stated that the applicant would like to construct a parking space on his property. There was an open discussion on whether or not this requires ZBA approval. Robert Barstow proceeded to explain the proposed parking space layout. Eliot Martone asked about the existing staircase. Robert Barstow responded that the staircase would be modified. Sean McCarthy expressed some concerns of placing a parking space so close to a neighbor’s garage, which is a wood frame structure. There was an open discussion on whether or not this is a parking space or a driveway. The Chair referred to a letter from Jim Margotta citing § 62-14 (a) (1). The Chair opened the public hearing. APPROVED - Zoning Board of Appeals Meeting, September 17, 2003 10 �Charles Ziekus (191 Depeyster Street) spoke. He stated that the size of the space limits the drivers’ ability to open the car door. Since there were no further comments, Eliot Martone made a motion to close the public hearing. Tom Capossela seconded. It was unanimous (6-0). Linda Moiron made a motion to adjourn this application. Eliot Martone seconded. It was unanimous (6-0). 8) Gary Thaler This is an application for an area variance to construct a double deck where the proposed construction creates the following non-compliances: Proposed Rear yard is 9.0-feet Required Min. rear yard of 25-feet Lot size not indicated on plans Min. size required is 4,000 SF Front Yard is 17.28 feet Min front yard of 20.0 is required. 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) application 2) building plans 3) photos Robert Barstow is the project architect and is representing this application. Robert Barstow stated that this is an application to construct a 2-story deck in the rear of the property. He stated that the lot is irregular. The Chair asked what is behind the property. Gary Thaler responded that houses are behind his property. He also stated that some of the houses in the area have similar structures. The Chair opened the public hearing. Since there were no public comments, Linda Moiron made a motion to close the public hearing. Eliot Martone seconded. It was unanimous (6-0). APPROVED - Zoning Board of Appeals Meeting, September 17, 2003 11 �Robert Barstow stated that the deck size is 7’ x 14’. Jim Galgano made a motion to approve the variance as requested. Tom Capossela seconded. It was unanimous (6-0). 9) Michael Cammarota This is an application for an area variance to construct a two-story addition where the proposed construction creates the following non-compliances: Proposed Front yard is 59.9-feet Required Min. Front yard of 75-feet One side yard is 9.8 feet One side yard of 10-feet Both yards are 20.5 feet Both yards are 25 feet Min Lot area is 8,985 sq ft Min Lot area is 10,000 sq ft Jeffrey Shumedja is representing this application along with architect, James Garr. The public notice was read aloud. The Chair asked if the returns were received. Bob Stiloski responded yes. Jeffrey Shumedja explained the required variances. The Chair asked if the applicant was going to change the use. Jeffrey Shumedja responded no. James Garr reviewed the proposed changes. He stated that the windows, cornice, etc would be matched. He also stated that the proposed would not be visible from the street. He stated that the existing driveway would be re-aligned. Sean McCarthy asked about the additional square footage to be added. James Garr responded that the proposed addition is still under the lot coverage requirement. He stated that including the garage, the proposed additional would place the structure at 18 % coverage where the maximum is 20%. The Chair opened the public hearing. Mary Ellen Joy (533 Riverside Drive) spoke. She asked about the square footage. APPROVED - Zoning Board of Appeals Meeting, September 17, 2003 12 �James Garr responded that the addition would add about 800 square feet. John Susson (233 Harwood Ave) spoke. He asked if the addition would destroy the river view. James Garr responded that the addition would not disturb the views. 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). Eliot Martone made a motion to approve the variance as submitted. James Galgano seconded. It was unanimous (6-0). 10) Minutes of the February and July 2003 meetings - The minutes for February 2003 were reviewed. Linda Moiron made a motion to approve the minutes as submitted. The Chair seconded. It was unanimous (6-0). The minutes for July 2003 were reviewed. The Chair made a motion to approve the minutes as amended. Linda Moiron seconded. It was unanimous (6-0). Linda Moiron made a motion to adjourn. Tom Capossela seconded. It was unanimous (6-0). Adjourned at 11:42 p.m. Respectfully Submitted, Anthony Del Vecchio APPROVED - Zoning Board of Appeals Meeting, September 17, 2003 13 � 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-2003 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_2003-09-17 Subject The topic of the resource Zoning Board Minutes & Resolutions-2003 Date A point or period of time associated with an event in the lifecycle of the resource 2003 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/14498b6a51aa1391d837f6a7927f1d7d.pdf b08038b9522d5bd99e87306c8cac0cc6 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED October 15, 2003 The meeting was called to order by Peter Koffler, Acting Chairman at 8:07 P.M. The Chair noted that a quorum was present. Present: Peter Koffler, Acting Chairman Sean McCarthy Tom Capossela James Galgano Eliot Martone Absent : Robert Anello, Chairman Linda Moiron Also Present: Robert Stiloski (Director, Department of Fire & Life Safety) Anthony Del Vecchio (Recording Secretary) Agenda: 1) Vincent Shroba vacant lot, Webber Ave 2) Cirillo Rodriguez 150 Cortlandt Street 3) Minutes of the September 2003 meeting Announcements: None. 1) Vincent Shroba This is a continuation from previous meetings. Sean McCarthy recused himself from this application. Sean McCarthy summarized the application to date. He stated that the sub-division was approved in 1996. He provided a copy of the Resolution and approved site plan. He also summarized the setbacks and the variances needed. Sean McCarthy stated that the house size has been slightly reduced and the applicant (Vincent Shroba) has sold an additional 10-feet to the proposed buyer (Frank Occhipinti). He showed a drawing of the proposed house. He also discussed the revised variances. He stated that the front yard has been increased from 5-foot to 12 foot and the rear yard no longer requires a variance. Lastly, he stated that the topography has been added to the site plan. �There was an open discussion on whether the public notice needed to be re-issued since the variances had changed. It was decided that since the variances are lesser, no re-notice was needed. Eliot Martone asked if the neighbors were showed the revised drawings. Sean McCarthy responded no. This item was temporarily adjourned. 2) Cirillo Rodriguez This is a continuation from previous meetings. The Chair asked the applicant to summarize the application to date. Jeffrey Shumedja is the attorney representing this application along with project architect, Jon Turnquist. He provided that lot coverage calculations that the Board requested at the last meeting. He also provided a description of the setbacks and the conforming structure that could be built on the lot based on those setbacks. Jon Turnquist provided revised drawings showing egress, fire ratings, and a revised layout. Jeffrey Shumedja stated that the Board has granted other variances that exceed the variances proposed in this application. He cited several examples. Eliot Martone disagreed. He stated that the examples provided are in different zoning districts that this application. Jeffrey Shumedja spoke about the variances that the applicant could not change. He also spoke about the lot coverage, side yard, and parking space requirements. He also stated that this application is consistent with the neighborhood. The Chair asked if the Board had any questions. Tom Capossela questioned the open space. Jon Turnquist responded that as per the owner, the space would remain open. Eliot Martone made a motion to open the public hearing. Miguel Jimenez (135 Continental Street) spoke on behalf of the applicant. He apologized for building without a building permit. He stated that the applicant has paid fined to the Village for the violations. The Chair summarized the variances sought. APPROVED - Zoning Board of Appeals Meeting, October 15, 2003 2 �Jim Galgano asked what would happen if the application were not approved. Bob Stiloski responded that the applicant would be given an order to remove the work. The Chair made a motion to adjourn until the full Board and counsel are present. Sean McCarthy seconded. It was unanimous (5-0). 1) Vincent Shroba (continued) Tom Capossela made a motion to open the public hearing. Eliot Martone seconded. It was unanimous (4-0). Constance Montanaro (203 Webber Ave) stated that her neighbors were told by the Building Department that this application was not on tonight’s agenda. Frank Occhipinti (18 Gesner Place) stated that this item should be continued since it was stated at the last meeting. Since there was no further comment, Tom Capossela made a motion to close the public hearing. Eliot Martone seconded. It was unanimous (4-0). Sean McCarthy asked if the Board had any additional comments. There was none. Tom Capossela made a motion to adjourn this application to the next meeting. Eliot Martone seconded. It was unanimous (4-0). 3) Minutes of the September 2003 meeting The minutes for September 2003 will be reviewed at the next meeting. Tom Capossela made a motion to adjourn. Eliot Martone seconded. It was unanimous (5-0). Adjourned at 9:09 p.m. Respectfully Submitted, Anthony Del Vecchio APPROVED - Zoning Board of Appeals Meeting, October 15, 2003 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-2003 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_2003-10-15 Subject The topic of the resource Zoning Board Minutes & Resolutions-2003 Date A point or period of time associated with an event in the lifecycle of the resource 2003 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/f6f0528f69dc159390fb29e6e37fb21c.pdf 7899671f3737fba85959285218fca849 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED November 19, 2003 The meeting was called to order by Robert Anello, Chairman at 8:02 P.M. The Chair noted that a quorum was present. Present: Robert Anello, Chairman Linda Moiron Sean McCarthy Tom Capossela James Galgano Absent : Peter Koffler Eliot Martone Also Present: Robert Stiloski (Director, Department of Fire & Life Safety) Robert Ponzini (Gaines, Baker & Novick/Village Attorney) Anthony Del Vecchio (Recording Secretary) Agenda: 1) Cirillo Rodriguez 150 Cortlandt Street 2) Vincent Shroba vacant lot, Webber Ave 3) Laurentino Rodrigues 172 Valley Street 4) Laurentino Rodrigues 58-60 Clinton Street 5) Eulogio Grullen 196 Cortlandt Street 6) Minutes of the September and October 2003 meetings Announcements: The Board went into executive session with counsel at 8:03pm. The meeting was resumed at 8:10pm. No action was taken. 1) Cirillo Rodriguez This is a continuation from previous meetings. Jeffrey Shumedja is the attorney representing this application. He reviewed the variances sought. He stated that many of the variances are existing conditions. He discussed the two variances that were a result of existing conditions: lot coverage and side yard setbacks. The Chair reviewed the items submitted to date. 1) Letter dated 9/17/03 from Jeffrey Shumedja to the ZBA Chairman. 2) Letter from Building Inspector denying the building permit. 3) Application dated 10/7/02 �4) 5) 6) 7) Letter from Bob Stiloski dated 4/30/03 Jeffrey Shumedja memo dated 5/21/03 Jeffrey Shumedja memo dated 7/16/03 Plans dated 5/1/03 Jeffrey Shumedja stated that revised plans were submitted to the Board and discussed at the last meeting. He stated that the plans were dated 9/28/03. Jeffrey Shumedja wanted previously submitted photos noted for the record. The Chair stated that the photos are in Bob Stiloski’s files. Jeffrey Shumedja stated that two groups of photos were submitted. He stated that photos were submitted showing side setbacks as viewed from the street. He discussed the setbacks from neighboring houses. He showed photos of 145 Cortlandt Street. Jeffrey Shumedja resubmitted a copy of the tax map for the record. He also spoke about the lot size. He stated that no other property on Cortlandt Street has a front yard. He also spoke about the square footage of neighboring properties. The Chair asked about the requested information that was omitted from the drawings regarding fire ratings and ventilation. Jeffrey Shumedja responded that the information was provided on the revised drawings and submitted last month. Sean McCarthy asked if the residence would contain sprinklers. Jeffrey Shumedja responded that the Department of Fire and Life Safety would have to advise. He stated that the applicant would comply if required. The Chair stated that there is an issue with the Bedroom/Dining room. He stated that there is a concern that the Dining room would be used as a bedroom. Jeffrey Shumedja stated that the applicant would agree to periodic inspections to ensure plans conform. The Chair stated that there is a concern with the proposed vacant space as indicated on the drawings. Jeffrey Shumedja responded that the space would eventually be used as office space. Jeffrey Shumedja stated that the building envelope only allows a 6.5-foot wide building. He stated that all parcels in the area have 50-92% lot coverage. He stated that the applicant is seeking a variance for 49% lot coverage. He stated that no property on the street meets the required 35% lot coverage. The Chair asked if the applicant had anything new to add. Jeffrey Shumedja responded no. APPROVED -Zoning Board of Appeals Meeting, November 19, 2003 2 �Jeffrey Shumedja stated that the addition does not adversely affect the neighborhood. He stated that no property has a front yard and that no property has a conforming property regarding lot coverage. He also stated that the work would be in character with the neighborhood. The Chair stated that parking is an issue. There was an open discussion regarding parking in the area. It was agreed that parking is available on the other side of the street. Jeffrey Shumedja stated that there is no other way for the applicant to use the rear of the property. The Chair stated that the applicant could build a smaller structure to better conform to the lot coverage requirement. Jeffrey Shumedja stated that the applicant could build from 28% to 35% to conform. The Chair opened the public hearing. Since there was no public comment, Tom Capossela made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (5-0). Jim Galgano stated that the structure is already erected. He is concerned with the fact that it was erected without a permit but he does not want to have it torn down. Tom Capossela stated that he is concerned that the work was performed without a building permit. Sean McCarthy stated that he disagrees with the statement regarding no adverse effect on the neighborhood. He stated that the erected work could have been moved over to accommodate egress. He stated that adjacent structures are jeopardized. He expressed concern with storm water runoff to the property below. He also expressed concerns on the undetermined vacant space located on the second floor. Linda Moiron stated that the variance is substantial. She stated that a lesser variance could be achieved. The Chair stated that a self-created hardship exists. He stated that the applicant has built in the Village before and knows the Village procedures. He stated that he is concerned with congestion in the area. He also stated that the comparisons to other existing structures are not fair. He stated that the drawings are not realistic and that the vacant space should be identified. He stated that the applicant could build a smaller structure. The Chair stated that no need has been established. He stated that the existing structure conformed to the lot coverage requirement. Lastly, he stated that the variance is substantial. APPROVED -Zoning Board of Appeals Meeting, November 19, 2003 3 �Jeffrey Shumedja spoke about the applicants need for additional space for his family. He requested an adjournment to next month so that the plans could be revised. The Chair stated that the structure needs to be smaller not revised. Linda Moiron made a motion to deny the applicant’s request for a variance. Tom Capossela seconded. It was denied by a vote of 4-0 (Galgano abstained). 2) Vincent Shroba This is a continuation from previous meetings. Sean McCarthy recused himself from this application. The Chair stated that the Board is in receipt of new plans dated Nov 3, 2003. Sean McCarthy is the project architect and is representing this application. He stated that the entire package was resubmitted. He spoke about the changes to the plans. He stated that the prospective purchaser has purchased an additional 10-foot of property. This would extend the lot width. He stated that the rear entry and front deck have been removed. Sean McCarthy spoke about the site topography. He discussed in detail that the house has been pushed back from the street further than originally proposed. He stated that trees have been added to the site as well. Lastly, he stated that only one variance is needed (front yard). He stated that the applicant is proposing a front yard of 12-foot where 20-foot is required. The Chair asked if the house could be pushed back further. Sean McCarthy responded that the applicant is committed to a house width of 30’-6”. The Chair stated that the applicant could make the house longer to make up the lost space. Sean McCarthy responded that the house would appear to be larger. He stated that this would be more detrimental to the area. The Chair asked about the square footage of the proposed house. Sean McCarthy responded 2852 gross square feet. The Chair stated that the house could be lowered. Sean McCarthy responded that the first floor would be looking at a retaining wall due to the existing topographical conditions. He discussed the elevations. The Chair stated that the site could be re-graded and the site could be moved back. APPROVED -Zoning Board of Appeals Meeting, November 19, 2003 4 �Sean McCarthy responded that the house could not be moved back any further based on the existing grade and the retaining wall needed. The Chair noted that the local residents have submitted a petition. Sean McCarthy submitted photos for the record. Jim Galgano asked about the 15-foot right-of-way. Sean McCarthy responded that if the right-of-way were included in the front yard calculations, the house would be 27-feet from the street. He stated that the setback is measured from the property line. The Chair opened the public hearing. James Solmer (192 Webber Ave) asked about the method of entry since the front steps were eliminated. Sean McCarthy responded that the steps will remain but the steps would not be enclosed. John Arcate (225 Webber Ave) read the petition aloud for the record. The Chair asked about the property boundary based on the sale of 10-feet from the neighboring site. He questioned whether the existing garage would require a variance. Sean McCarthy responded that there is no requirement for accessory structures in the rear yard. John Arcate read the Westchester County Planning Board’s comment regarding the subdivision (from 1994). John Whalen (152 Webber Ave) spoke about the use of other modular sizes. Sean McCarthy responded that the modular houses range starting from 13-foot wide. Susan Tracey (229 Webber Ave) stated that she is opposed to the application. She stated that the needs of the client should not outweigh the needs of the neighborhood. Paul Miabo (191 Webber Ave) stated that the house is too close to the road. He stated that the house should conform to the neighborhood. Gary McLain (63 Sleepy Hollow Road) asked about the accessory structure requirements. Sean McCarthy responded that there is currently no requirement in the Village Code for accessory structures. Robert Santini (203 Webber Ave) spoke about the height of the porch. Sean McCarthy responded the open porch would be 5-feet above grade. APPROVED -Zoning Board of Appeals Meeting, November 19, 2003 5 �There was an open discussion on the porch and associated stair requirements in the Village Code. Since there were no further public comments, Tom Capossela made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (4-0). The Chair stated that he is concerned with the modular structure. Sean McCarthy responded that a smaller house does not meet the applicant’s needs. He stated that he could move the house back an additional 2-feet to reduce the front yard variance. The front yard setback would now be 14-feet where 20-feet were required. Jim Galgano stated that he would like to see the house moved back. He stated that he would like to see the front yard setback at minimum of 15-feet. Tom Capossela agreed with Jim Galgano. Linda Moiron stated that this is self-created. She stated that the applicant could build according to the Zoning code. She stated that a variance should not be needed at all. Sean McCarthy responded that the house would have to be 23-feet wide in order to comply with the Zoning code. The Chair stated that a 26-foot wide house along with the additional setback would almost eliminate the need for a variance. Sean McCarthy stated that the applicant is proposing a 27’-6” modular structure with the additional 2-foot setback. The revised front yard setback is now at 17’-0”. There was an open discussion on the interpretation of the front porch. Sean McCarthy stated that the landing would be 5-foot wide. Linda Moiron made a motion to re-open the public hearing. The Chair seconded. It was unanimous (4-0). Robert Santini (203 Webber Ave) asked if the stairs could be placed on the side of the house. Sean McCarthy responded that the stairs run parallel to the structure and are not included in setback calculations. John Arcate (225 Webber Ave) questioned the stairs including the landing. He also spoke about the line of sight on the same side of the street. Sean McCarthy responded that he has data to support the application concerning line of sight. Since there was no further public comment, Linda Moiron made a motion to close the public hearing. Tom Capossela seconded. It was unanimous (4-0). APPROVED -Zoning Board of Appeals Meeting, November 19, 2003 6 �Jim Galgano made a motion to approve the variance with a 3-foot front yard setback. The Chair stated that he is still concerned with the open stairs. Bob Ponzini reviewed the Village code and stated that the language in the code is vague. Linda Moiron stated that he Board is here to grant relief. She stated that the front yard setback started at 5-feet and is now at 17-feet. The Chair questioned the size of the landing. Sean McCarthy responded that 5-foot is required for egress. Jim Galgano amended his motion to state the following conditions: 1) The landing and stair height would be 5-feet and the landing and stair width would be at 5-feet. 2) The front yard would only require a 3-foot variance and would be setback 17-feet from the front property boundary. 3) There is no requested variance for the rear yard. Tom Capossela seconded. It was unanimous (4-0). 3) Laurentino Rodrigues This is an application for an area variance and a use variance to demolish an existing single-family residence and construct a mixed-use commercial and residential building where the proposed construction creates the following non-compliances: Proposed Mixed-use development Required General commercial-mixed use is not-permitted. Building coverage is 72% Max coverage is 60% The public notice was read aloud. Sean McCarthy recused himself from this application. Sean McCarthy is the project architect and is representing this project . He summarized the application to date. He stated that the original proposal included 9-apartments, 1retail store, and a lot coverage of 95%. The revised proposal includes 6-apartments, 1retail store, and lot coverage of 72%. He stated that the Planning Board has issues with the density. He stated that the property is in a C-2 zone (commercial). He also stated that the zoning could include residential or commercial but not both (mixed). APPROVED -Zoning Board of Appeals Meeting, November 19, 2003 7 �The Chair stated that a copy of the Planning board’s minutes should be provided to the Zoning Board. Tom Capossela stated that he is concerned with the traffic in the area. He asked if an emergency vehicle would have a problem accessing the area. The Chair asked if a traffic study had been performed. Sean McCarthy responded no. The Chair opened the public hearing. Since there was no public comment, Linda Moiron made a motion to close the public hearing. Tom Capossela seconded. It was unanimous (4-0). The Chair stated that the property currently has an approved use. He stated that he would have a problem with the use variance. Sean McCarthy responded that he does not understand how other mixed-use buildings in the same area and zoning district did not require use variances. Robert Ponzini stated that it is a non-permitted use. Sean McCarthy requested an adjournment. Linda Moiron made a motion to adjourn this application to the next meeting. Tom Capossela seconded. It was unanimous (4-0). 4) Laurentino Rodrigues This is an application for an area variance to construct a rear deck and kitchen expansion where the proposed construction creates the following non-compliances: Proposed Rear yard - 1.5-feet provided Required Min. rear yard of 20-feet The Chair read the public notice aloud. Laurentino Rodrigues is representing this application. He explained that the garage is existing and the kitchen would be expanded on top of the garage. The Chair stated that the parking spaces are non-conforming. Laurentino Rodrigues responded that the variance was granted by the Zoning Board to use the adjacent lot for parking. The Chair stated that the variance was not granted to allow sub-standard parking. The Chair noted the following for the record: 1) Memo to Jim Margotta from Bob Stiloski dated 05/14/03. APPROVED -Zoning Board of Appeals Meeting, November 19, 2003 8 �2) Memo from Jim Margotta to Laurentino Rodrigues dated April 2003 stating that the parking lot does not comply with approved plans. 3) Letter dated 09/25/03 from Village concerning complying with approved plans. 4) Letter from Bob Stiloski concerning a recent inspection of the site and outstanding violations. 5) Memo dated 11/19/03 from Village Engineer stating that parking lot does not conform to current code. The Chair stated that the applicant is seeking another variance at the same property while violations currently exist. Laurentino Rodrigues responded that the violations would be corrected. Laurentino Rodrigues briefly explained the project for the Board. The Chair asked if any parking spaces would be lost. Laurentino Rodrigues responded no. Tom Capossela asked is any tables would be placed outside. Laurentino Rodrigues responded no. The Chair asked if the handicapped parking space would be under the deck. Laurentino Rodrigues responded yes. The Chair asked if there were any other reasons for seeking a variance. Laurentino Rodrigues responded no. The Chair opened the public hearing. Since there was no public comment, Linda Moiron made a motion to close the public hearing. Tom Capossela seconded. It was unanimous (5-0). The Chair stated that the applicant has failed to prove why a variance is needed. He also stated that a variance is sought while the property currently does not conform to the previously granted variance. He stated that he Building Inspector should investigate the parking issues and revoke the Certificate of Occupancy is necessary. He stated that this exasperated the parking problems in the Village. Laurentino Rodrigues requested an adjournment. Tom Capossela made a motion to adjourn this application to the next meeting. Sean McCarthy seconded. It was unanimous (5-0). 5) Eulogio Grullen - APPROVED -Zoning Board of Appeals Meeting, November 19, 2003 9 �This is a continuation from previous meetings. John Hughes is representing this application along with Eulogio Grullen. John Hughes reviewed the layout. He stated that the proposed layout has been revised to reflect six tables. The Chair asked about the rest of the space. John Hughes responded storage. John Hughes stated that no parking exists in the area. He stated that the business would cater to local residents. The Chair asked about the liquor license. John Hughes responded that the applicant has a license to consume beer on the premises. He stated that no matter what type of use is approved for this space, a variance would be needed for parking. He stated that the applicant would make improvements to the bathroom facilities to make them handicapped accessible. He also stated that this would not be detrimental to the neighborhood. The Chair opened the public hearing. Since there was no public comment, Jim Galgano made a motion to close the public hearing. Tom Capossela seconded. It was unanimous (5-0). Jim Galgano stated that he has no problem with the proposed variance. He stated that the variance would help the applicant. He also stated that the property used to be a restaurant a many years ago. The Chair asked about the total number of seats. John Hughes responded 12 total. Tom Capossela stated that he is concerned that more drinking will take place at this restaurant than eating. He is concerned with the bar set-up. John Hughes stated that the property has a current operating kitchen on-site. The Chair questioned the use of a pass-thru door into the grocery store. Eulogio Grullen responded that the restaurant used to have a door from the street side but it was closed. Bob Stiloski stated that he has seen food eaten on the site and the operation is very small. The Chair stated that the grocery store should be segregated from the restaurant. Sean McCarthy stated that he would recommend re-opening the restaurant entrance. APPROVED -Zoning Board of Appeals Meeting, November 19, 2003 10 �Jim Galgano made a motion to approve the variance with the following conditions: 1) No more than 12 seats. 2) Restaurant door to Cortlandt Street be re-opened. 3) Applicant seeks ARB approval for the restaurant door. 4) Applicant obtain Department of Health approval 5) Applicant obtains a building permit. Linda Moiron seconded. It was approved (4-1) (Galgano, McCarthy, Anello, Moiron). 6) Minutes of the September and October 2003 meetings - The minutes for September 2003 were reviewed. The Chair made a motion to approve the minutes as submitted. Linda Moiron seconded. It was unanimous (5-0). The minutes for October 2003 were reviewed. Sean McCarthy made a motion to approve the minutes as amended. Tom Capossela seconded. It was unanimous (5-0). Linda Moiron made a motion to adjourn. Tom Capossela seconded. It was unanimous (5-0). Adjourned at 10:54 p.m. Respectfully Submitted, Anthony Del Vecchio APPROVED -Zoning Board of Appeals Meeting, November 19, 2003 11 � 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-2003 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_2003-11-19 Subject The topic of the resource Zoning Board Minutes & Resolutions-2003 Date A point or period of time associated with an event in the lifecycle of the resource 2003 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