1 25 10 https://sleepyhollow.localarchives.org/files/original/566c2b811ff27d3e8ca5970dc3801c6b.pdf bfd38272485ccca899ae41d7e39650cc PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED January 21, 2004 The meeting was called to order by Robert Anello, Chairman at 8:02 pm. 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) David Hinman 126 Harwood Avenue 2) Laurentino Rodrigues 172 Valley Street 3) Cirillo Rodriguez 150 Cortlandt Street 4) Minutes of the November 2003 meetings Announcements: The Board went into executive session with counsel at 8:02pm. The meeting was resumed at 8:12pm. The Board discussed matters of litigation. No action was taken. 1) David Henman This is an application for an area variance to replace an existing 2-car, 2-story garage with a new 2-car garage where the proposed construction creates the following noncompliances: Proposed Side Yard - 6.86 - feet Required Min. side yard of 10-feet �Rear yard -17.70 -feet Min. rear yard of 25-feet The Chair asked if the returns were received. Bob Stiloski responded yes. The Chair read the public notice aloud. The Chair noted that the Board has received the following: 1) application dated 11/7/03 2) application for a building permit 3) plans dated 11/7/03 There was an open discussion on whether a variance was required since the structure is detached. It was agreed that a variance was not required based on recent revisions to the Village Code § 62-13 (e). It was unanimous that a variance was not required (5-0). 2) Laurentino Rodrigues This is a continuation from previous meetings. Sean McCarthy recused himself from this application. Sean McCarthy summarized the application to date. He stated that a mixed-use structure is not permitted in a C-2 zone. He stated that the only variances required are rear yard setbacks and lot coverage variances in addition to the use variance. The Chair asked about the traffic impacts. He stated that the area is very congested. He asked if the applicant had any traffic information. Sean McCarthy responded that no traffic information was available but he would address the issue. There was an open discussion on what could be built as-of-right. Jim Galgano asked about the retail space. Sean McCarthy responded that the retail space would be a small store of office. He stated that the space is approximately 1000 square feet. The Chair asked that applicant to elaborate on the financial statement submitted to the Board. There was an open discussion on the accuracy of the financial statement. APPROVED - Zoning Board of Appeals Meeting, January 21, 2004 2 �It was agreed that the financial statement needs to be certified and that supportive documentation must be provided. The Chair asked if the Board had any other questions. Tom Capossela requested that additional renderings be provided. Since there were no further questions, the Chair opened the public hearing. Frank Occhipinti (8 Gaster Place) spoke. He stated that the impact of this project in the Village would be detrimental. He stated that the project should be denied. Since there were no further comments, Linda Moiron made a motion to close the public hearing. Tom Capossela seconded. It was unanimous (4-0). The Chair reviewed the financial statement. He questioned several items. Laurentino Rodrigues admitted that the financial statements were inaccurate and contained false information. The Chair stated that a conforming structure could be built and with a conforming use. He stated that this was a self-created hardship and that it would adversely affect the neighborhood. The Chair also stated that he would like to see something scaled down. Jim Galgano stated that he has no objections to the mixed-use. He stated that he is concerned with the parking. He stated that the applicant is meeting the parking requirements. He also stated that the proposed structure could be scaled down. Linda Moiron stated that the density is an issue. She stated that the proposed structure should be scaled down. Robert Ponzini stated that the use variance requires that the applicant submit financial documents indicating proof of financial hardship. The Chair made a motion to deny the variance. Linda Moiron seconded. It was denied by a 4-0 vote (McCarthy abstained). 3) Cirillo Rodriguez The Chair read the attached Resolution for the record. Linda Moiron made a motion to adopt the Resolution. Sean McCarthy seconded. It was approved by a 4-0-1 vote (Moiron, McCarthy, Capossela and the Chairman approved, Galgano abstained.) APPROVED - Zoning Board of Appeals Meeting, January 21, 2004 3 �4) Minutes of the November 2003 meeting The minutes for November 2003 were reviewed. The Chair made a motion to approve the minutes as amended. Linda Moiron seconded. It was unanimous (5-0). The Chair made a motion to adjourn. Tom Capossela seconded. It was unanimous (5-0). Adjourned at 9:00 p.m. Respectfully Submitted, Anthony Del Vecchio APPROVED - Zoning Board of Appeals Meeting, January 21, 2004 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-2004 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_2004-01-21 Subject The topic of the resource Zoning Board Minutes & Resolutions-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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/adc906c5173e3c862ac089a8122d28ca.pdf d8ea2e29a0412473dd45b368fc5449f0 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED February 18, 2004 The meeting was called to order by Eliot Martone, Acting Chairman at 8:07 pm. The Chair noted that a quorum was present. Present: Eliot Martone, Acting Chairman Sean McCarthy Tom Capossela James Galgano Absent : Robert Anello, Chairman Linda Moiron Peter Koffler Also Present: Sean McCarthy (Village Architect) Anthony Del Vecchio (Recording Secretary) Agenda: 1) Leslie Ward 34 Amos Street 2) Laurentino Rodrigues 60 Clinton Street 3) Minutes of the January 2004 meetings Announcements: The Chair stated that since only four (4) members were present, the Board had to reach a unanimous vote to pass the proposed variance. He discussed the possible options available to the applicant. 1) Leslie Ward This is an application for an area variance to construct a new front porch on the applicant’s house where the proposed construction creates the following noncompliances: Proposed Front yard setback 6’-0” The Chair read the public notice aloud. Required Min. front yard setback 20’-0” �The Chair noted that the Board has received the following: 1) ZBA application 2) Short EAF 3) Project plans The Chair asked if the returns were received. Sean McCarthy responded yes. Leslie Ward is representing his application. He briefly described the existing house layout. He described in detail the proposed changes, which included replacing the main entrance doors and constructing a porch. The Chair asked if the new construction would extend further than the existing porch. Leslie Ward responded the new construction would add three (3) feet to the front of the house. He stated that the Village owns an additional nine (9) feet of property in front of the house. He stated that the total distance from the road is actually 15-feet in total. He also stated that the Architectural Review Board (ARB) has approved the proposed work. Tom Capossela made a motion to open the public hearing. Jim Galgano seconded. It was unanimous (4-0). Jim Palantonio (43 Amos Street) spoke. He stated that he was in favor of the proposed work. Since there was no further public comment, Jim Galgano made a motion to close the public hearing. Tom Capossela seconded. It was unanimous (4-0). Tom Capossela made a motion to approve the proposed variance. Jim Galgano seconded. The Chair stated that this variance is the minimum variance that could be approved. He stated that it is not a self-created hardship and that the proposed work is not out-ofcharacter with the neighborhood. He also stated that the project would not affect the surrounding environment. Lastly, he stated that the ARB had already approved the proposed project. The request for a variance was approved unanimously (4-0). 2) Laurentino Rodrigues There was nobody present for this application. APPROVED - Zoning Board of Appeals Meeting, February 18, 2004 2 �3) Minutes of the January 2004 meeting The minutes for January 2004 meeting will be reviewed at the next meeting. Jim Galgano made a motion to adjourn. Tom Capossela seconded. It was unanimous (4-0). Adjourned at 8:17 p.m. Respectfully Submitted, Anthony Del Vecchio APPROVED - Zoning Board of Appeals Meeting, February 18, 2004 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-2004 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_2004-02-18 Subject The topic of the resource Zoning Board Minutes & Resolutions-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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/702b561ad721513d0ae680239fb93112.pdf 323eed0a5d9ac633fbdfd959df87c4ff PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED March 17, 2004 The meeting was called to order by Robert Anello, Chairman at 8:02 pm. The Chair noted that a quorum was present. Present: Robert Anello, Chairman Linda Moiron Tom Capossela Peter Koffler Eliot Martone James Galgano Absent : None Also Present: Sean McCarthy (Village Architect) Anthony DelVecchio (Recording Secretary) Agenda: 1) James Nazemetz 134 Hunter Avenue 2) Dina Warren 217 Highland Avenue 3) Kathleen Fiorito 12 Hudson Terrace 4) Franklin Cabreja 42 Pocantico Street 5) Marisol Williams 120 Beekman Avenue 6) Minutes of the January and February 2004 meetings Announcements: None. 1) James Nazemetz This is an application for an area variance to construct a partial expansion of the east side of the residence where the proposed construction creates the following non-compliances: Required Min both side yards = 25’-0” Proposed Min both side yards = 22’-0” The public notice was read aloud. The Chair asked if the returns were received. Sean McCarthy responded yes. The Chair stated that the Board had received the following: 1) application for a variance 2) plans dated 11/17/03 James Nazemetz stated that his lot is only 50-feet wide where most lots in the area are �75-feet wide. He stated that the proposed work would still leave 10-feet on each side but the combined total side yards would require a variance. He submitted photos for the Board. The Chair asked if the addition was a one-story addition. James Nazemetz responded yes. He stated that the dining room would be expanded by 3feet. He stated that the materials would match the existing. The Chair asked if the lot is non-conforming. James Nazemetz responded yes. The Chair asked about the length of the current dining room. James Nazemetz responded it is currently 18’ x 8 ½’ and the proposed would be 18’ x 12’. The Chair stated that a 75-foor wide house would allow the 3-feet to be added without a variance. Linda Schaeffer (124 Hunter Ave) stated that she would be facing the expansion. She stated that she would like to keep the 20-foot buffer between the houses in case of a fire. She stated that she is concerned with the proposed metal roof and some of the proposed color selections. Chris Cummings (537 Bellwood Ave) stated that he is concerned with the spacing between lots. He stated that this would not be consistent with the neighborhood. Since there was no other public comment, James Galgano made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (6-0) The Chair Stated that most of the concerns are with the proposed color selection. He also asked the applicant if the need could be addressed another way. James Nazemetz responded that color could not be dictated by the Village. He also stated that the metal roof is a matter of personal choice. The Chair asked if the expansion could be accomplished with less than 3-feet. James Nazemetz responded that 2-feet or less would not meet his needs. He stated that there is plenty of room to walk around the house with the addition. He stated that the house would still have 10-feet to the property line. Eliot Martone asked if a variance was needed when the addition was added to the house in 1994. James Nazemetz responded yes. Chair asked the Board for comments. Tom Capossela stated that he had no problem with the proposed application. APPROVED - Zoning Board of Appeals Meeting, March 17, 2004 2 �Eliot Martone stated that the house is unique to the neighborhood. The Chair asked if the applicant would consider changing the roof from metal to shingle. James Nazemetz responded yes. The Chair stated that the proposed variance is the minimum variance allowed. He also stated that the proposed project is in character with the neighborhood. The Chair asked about the maintenance of the arborvitae. James Nazemetz responded that the arborvitae along the property line belong to him. He stated that he would be responsible for their maintenance. Linda Moiron made a motion to grant the variance with the following conditions: 1) Roof materials are shingles 2) Roof to match existing 3) Landscape screening between properties is maintained at its current height. Peter Koffler seconded. It was unanimous (6-0). 2) Dina Warren This is an application for area variances to construct a single story addition and add a detached carport on the west side of the property where the proposed construction creates the following non-compliances: Required Min one side yard = 10-feet Proposed Min one side yard = 5.64-feet Min two side yards = 25-feet Min two side yards = 15.44-feet Min distance from accessory bldg to principal bldg = 10-feet Min distance from accessory bldg to principal bldg = 5-feet The public notice was read aloud. The Chair stated that the Board had received the following: 1) Application for a variance dated 10/09/03 2) Short EAF 3) Plans dated 01/14/04 The Chair asked if the returns were received. Sean McCarthy responded yes. APPROVED - Zoning Board of Appeals Meeting, March 17, 2004 3 �Sam Vieira is the project architect and is presenting this application along with David Warren. Sam Vieira summarized the proposed project. Eliot Martone asked if there is an existing variance on the house. Sam Vieira responded yes. He stated that the previous variance was for a side yard requirement. He also stated that the lot is non-conforming. He stated that the carport would be constructed where the owners currently park their cars. Lastly, he stated that the carport would be an accessory structure. There was an open discussion on accessory structures as per Village Code §62-13 (e). It was discussed that the accessory structure is not noticed properly and a new notice would need to be prepared for a variance. The Chair questioned why the carport could not be moved so a variance would not be needed. Sam Vieira responded that the current location is a plateau where the owners currently park their cars. He stated that in order to move the carport, the owners would have to remove existing trees from the property. There was an open discussion on the existing property easement. 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). Sam Vieira requested that the Board consider the addition to the residence and postpone the accessory structure until it is properly noticed and further researched. The Board agreed. The Chair asked if the applicant could move the carport 5-feet from the main structure. There was an open discussion on the carport location. Peter Koffler made a motion to approve the variance with the following conditions: 1) Approve mudroom as submitted 2) Approve carport to be constructed 5-feet from primary structure. Eliot Martone seconded. It was unanimous (6-0). 3) Kathleen Fiorito This is an application for area variances to construct a 24’-0” x 20’-10” one-story addition where the proposed construction creates the following non-compliances: APPROVED - Zoning Board of Appeals Meeting, March 17, 2004 4 �Required Min lot width = 40-feet Min front yard setback = 20-feet Min single side yard setback = 3-feet Min combined side yard setback = 12-feet Min distance from accessory bldg to side lot line = 3-feet Min driveway distance width=10-feet (existing 7.72-feet) Proposed Min lot width = 35-feet Min front yard setback = 10-feet Min single side yard setback = 1.3-feet Min combined side yard setback = 9.02-feet Min distance from accessory bldg to side lot line = 0.2-feet Min driveway distance width=8.25-feet In addition, a variance is required to the Village Zoning Code concerning alterations to an existing non-conforming building and lot. The public notice was read aloud. The Chair asked if the returns were received. Sean McCarthy responded yes. The Chair stated that the Board had received the following: 1) application for a variance dated 02/10/04 2) plans dated 01/20/04 Sam Vieira is the project architect. He is representing this application along with Kathleen Fiorito. Sam Vieira summarized the proposed project. He stated that the existing 21’ x 11’ room would be demolished and a new 21’ x 24’ room would be constructed. He explained how the garage would be altered to make an outdoor dining area. Eliot Martone asked if the garage would still be used to store cars. Sam Vieira responded no. The Chair asked if the proposed would be affecting the non-conformity. Sam Vieira responded no. The Chair opened the public hearing. Carol Manca (16 Hudson Terrace) questioned the driveway changes. There was an open discussion to explain the existing conditions and the proposed changes to the driveway. Since there were no other public comments, Peter Koffler made a motion to close the public APPROVED - Zoning Board of Appeals Meeting, March 17, 2004 5 �hearing. Eliot Martone seconded. It was unanimous (6-0). The Chair stated that the proposed variance is the minimum variance allowed that would accomplish the applicant’s goals. He also stated that the proposed project is in character with the neighborhood and that it is not a self-created hardship. Linda Moiron made a motion to approve the variance as submitted. Peter Koffler seconded. It was unanimous (6-0). 4) Franklin Cabreja This is an application for an area variance to install two front yard parking spaces on a non-conforming lot where the proposed construction creates the following noncompliances: Required Required lot width = 40’-0” Proposed Required lot width = 34’-0” In addition, a variance is required to the Village Zoning Code concerning alterations to an existing non-conforming building and lot. The public notice was read aloud. The Chair asked if the returns were received. Sean McCarthy responded yes. Jon Turnquist is the project architect. He is representing this application along with Franklin Cabreja. Jon Turnquist summarized the proposed project including the driveway. He stated that the interior floor plan changes are not before the Board. He stated that the proposed project would not be eliminating any on-street parking. The Chair asked about the sidewalk location. Jon Turnquist showed the location of the sidewalk. He stated that there is no on-site parking for the existing 2-family property. The Chair asked if Architectural Review Board approval is required. Sean McCarthy responded yes. Tom Capossela asked if there is an existing curb cut. Sean McCarthy responded no. He stated that a permit is required. The Chair asked about the Village’s front yard parking requirements. Sean McCarthy responded that less than three cars is allowed under Village Code §62-14. APPROVED - Zoning Board of Appeals Meeting, March 17, 2004 6 �The Chair opened the public hearing. Manny Capello (44 Pocantico Street) stated that he was concerned with the excavating so close to his underground oil tank. He also expressed concerns regarding storm water runoff. He stated that he is not concerned with the parking proposal because it is needed in the area. Jon Turnquist responded that a dry well system would be installed so that zero runoff exists. He also stated that the existing elevation would not change as a result of the work. Kathleen Capello (44 Pocantico Street) stated that he is also concerned with the storm water runoff. Jon Turnquist responded that the proposed stairs could be flipped in order to gain an additional 5-foot of space from the property line. Rocky Martello (50 Pocantico Street) expressed concerns with the number of bedrooms and the number of parking spaces. Village Code § 62-14 (e) was reviewed. It was determined that the applicant is in compliance. Since there was no further public comments, Eliot Martone made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (6-0). The Chair stated that no variances are before the Board regarding the interiors of the structure. He also stated that since this structure is non-conforming, it is the minimum variance sought. He also stated that this is not a self-created hardship. Lastly, he stated that there is no adverse impact to the neighbors and the project would be in character with the neighborhood. James Galgano made a motion to approve the variance with the following conditions: 1) A dry well system with zero runoff is installed. 2) Obtain Architectural Review Board approval for the retaining wall and stair location 3) No change in the finished elevation in the front yard. 4) Existing downspouts be tied into the dry well. Linda Moiron seconded. It was unanimous (6-0). 5) Marisol Williams This is an application for an area variance to construct a rear addition to a nonconforming building and lot where the proposed construction creates the following noncompliances: Required Min lot area = 4000- sq feet Min lot width = 40-feet Min front yard = 20-feet Min one side yard = 3-feet Proposed Min lot area = 3750-sq feet Min lot width = 37.5-feet Min front yard = 15-feet Min one side yard = 2.5 feet APPROVED - Zoning Board of Appeals Meeting, March 17, 2004 7 �Min combined side yard setback = 12-feet Min combined side yard setback = 7.0-feet In addition, a variance is required to the Village Zoning Code concerning adding to an existing non-conforming building and lot. The public notice was read aloud. The Chair asked if the returns were received. Sean McCarthy responded yes. The Chair stated that the Board had received the following: 1) application for a variance dated 02/17/2004 2) plans dated 12/31/03 The Chair asked if the applicant was expanding the non-conformity. Jon Turnquist responded no. Jon Turnquist discussed the proposed project. He stated that the owner wants to convert an existing one-family house into a two-family house. There was an open discussion on the accuracy of the public notice and the conversion of the structure from one-family to two-family. It was determined that the public notice would need to be corrected and re-distributed. 6) Minutes of the January and February 2004 meeting – The minutes for January 2004 were reviewed. Linda Moiron made a motion to approve the minutes as amended. Eliot Martone seconded. It was unanimous (6-0). The minutes for February 2004 were reviewed. Peter Koffler made a motion to approve the minutes as amended. Eliot Martone seconded. It was unanimous (6-0). The Chair made a motion to adjourn. Tom Capossela seconded. It was unanimous (6-0). Adjourned at 10:08 p.m. Respectfully Submitted, Anthony Del Vecchio APPROVED - Zoning Board of Appeals Meeting, March 17, 2004 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-2004 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_2004-03-17 Subject The topic of the resource Zoning Board Minutes & Resolutions-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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/35f3b7f33e21e06217b47f1179628f6d.pdf fe480dcd19b8d9fe796a95f443327991 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED April 21, 2004 The meeting was called to order by Robert Anello, Chairman at 8:00 pm. The Chair noted that a quorum was present. Present: Robert Anello, Chairman Linda Moiron Tom Capossela Eliot Martone James Galgano Absent : Peter Koffler Also Present: Sean McCarthy (Village Architect) Anthony DelVecchio (Recording Secretary) Agenda: 1) Marisol Williams 2) Sandro Carissimo 3) Other 4) Minutes of the March 2004 meeting 120 Beekman Avenue 256 Farrington Avenue Announcements: None. 1) Marisol Williams This is an application for variances to convert an existing single-family residence to a two-family residence and construct a two-story addition to the rear of the house where the proposed construction creates the following non-compliances: Required Min lot area = 4000- sq feet Min lot width = 40-feet Min front yard = 20-feet Min one side yard = 3-feet Min combined side yard setback = 12-feet Proposed Min lot area = 3750-sq feet Min lot width = 37.5-feet Min front yard = 15-feet Min one side yard = 2.5 feet Min combined side yard setback = 7.0-feet Also: a) Application of Regulations - a variance is required to the Village Zoning Code with regards to adding to an existing non-conforming building and lot. �b) Off Street Parking and Loading Space – the required space is 18-0 ft long and the existing spaces are 15-0 ft long. The public notice was read aloud. The Chair asked if the returns were received. Sean McCarthy responded yes. Jon Turnquist is representing the application along with Marisol Williams. He stated that the public notice was changed to properly read that the applicant is seeking to convert from a onefamily to a two-family. The Chair stated that the Board had received the following: 1) pictures of the building 2) same building plans as presented in the last meeting Jon Turnquist stated that all of the parking requirements are met except that the parking spots are 3-feet short (in length). He stated that the property is currently used as a two-family residence. The Chair asked how long has the property been used as a two-family residence. Jon Turnquist responded that he did not know. There was an open discussion on the need for the additional apartment. The Chair asked about the use of the second floor addition. Jon Turnquist responded that it would be used for bedrooms. Eliot Martone asked about the number of bedrooms to be constructed. Jon Turnquist responded that one bedroom would be constructed on the first floor and three bedrooms would be constructed on the second floor. There was an open discussion on the prior use and the current use of the property. It was agreed that the property was always used as a one-family residence. The Chair opened the public hearing. Since there was no public comment, Eliot Martone made a motion to close the public hearing. Tom Capossela seconded. It was unanimous (5-0). The Chair asked about the number of bedrooms. Marisol Williams responded there are currently three (3) bedrooms. The Chair asked how many people are living in the house. Marisol Williams responded four (4) adults and five (5) children. She also stated that her sister is expecting another child. APPROVED - Zoning Board of Appeals Meeting, April 21, 2004 2 �The Chair questioned the need for a legalized two-family residence. There was an open discussion on the need to legalize the proposed two-family residence when all of the occupants are to be from the same family. The Chair stated that this is a self-created hardship since the property was purchased as a onefamily house and the applicant demonstrated no benefit. He also stated that the change would have a negative effect on the character of the neighborhood because of the increased density resulting from the conversion to a two-family house. Jim Galgano made a motion to deny the request for a two-family residence. Tom Capossela seconded. It was unanimous (5-0). Tom Capossela made a motion to approve all variances for the addition without the addition of a kitchen in order to maintain the one-family status. The Chair stated that more information is needed on the existing condition of the house because information presented at the meeting revealed potential living space in the basement and the attic but nothing was indicated on the drawings. There was an open discussion on what is proposed for the property. Tom Capossela withdrew his motion. Jim Galgano made a motion to grant the applicant’s request to adjourn this application to the next meeting. Eliot Martone seconded. It was unanimous (5-0). 2) Sandro Carissimo This is an application for an area variance to construct a covered porch to the front and west sides of the existing house; add a two-story addition to the east and south sides; and extend an existing wooden deck in the rear of the house where the proposed construction creates the following non-compliances: Required Min one side yard = 10.0 feet Proposed Min one side yard = 7.0 feet The public notice was read aloud. The Chair asked if the returns were received. Sean McCarthy responded yes. The Chair stated that the Board had received the following: APPROVED - Zoning Board of Appeals Meeting, April 21, 2004 3 �1) 2) 3) 4) 5) application for a variance dated February 2, 2004 plans undated short EAF survey letter from Dr and Mrs. Weber stating that they do not have any objections to the proposed work. Sandro Carissimo explained the proposed project. The Chair asked why the applicant was not building straight. Sandro Carissimo responded that the proposed addition would not fit. He stated that thought was given to building on the right side but all of the utilities for the property enter on the right side. The Chair opened the public hearing. Elizabeth Petty (254 Farrington Ave) stated that she would like to have the setbacks maintained. Since there was no further public comment, Jim Galgano made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (5-0). Sandro Carissimo stated that the car outside of the garage gets dented from the trees. He stated that one car was totaled from having a neighbor’s tree fall on it. The Chair asked if the garage could be added without substantial work being performed. Sandro Carissimo responded no. The Chair stated that this application is in character with the neighborhood, he stated that it is the minimum variance sought and that the application was not self-created. He also stated that many houses in the neighborhood have two car garages. Eliot Martone asked if a single door could be used instead of a double door. Sandro Carissimo responded that changing the door would not save any space. The Chair asked if how the proposed structure compares to a standard 2-car garage. Sean McCarthy responded that the proposed structure is smaller than a standard two-car garage. Jim Galgano made a motion to approve the application as submitted. Linda Moiron seconded. It was unanimous (5-0). 3) Other The Chair questioned whether a variance is needed for the new construction taking place on Bedford Road. He asked the Building Department to investigate whether or not the house on Hudson Terrace is on a conforming lot or not. APPROVED - Zoning Board of Appeals Meeting, April 21, 2004 4 �4) Minutes of the March 2004 meeting – The minutes for March 2004 were reviewed. Eliot Martone made a motion to approve the minutes as amended. Tom Capossela seconded. It was unanimous (5-0). The Chair made a motion to adjourn. Tom Capossela seconded. It was unanimous (5-0). Adjourned at 9:10 p.m. Respectfully Submitted, Anthony Del Vecchio APPROVED - Zoning Board of Appeals Meeting, April 21, 2004 5 � 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-2004 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_2004-04-21 Subject The topic of the resource Zoning Board Minutes & Resolutions-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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/8262527d758e2d30fc14721a0dc51a52.pdf 177d7111236244915a3fc38081d07f68 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED May 19, 2004 The meeting was called to order by Robert Anello, Chairman at 8:00 pm. The Chair noted that a quorum was present. Present: Robert Anello, Chairman Linda Moiron Peter Koffler Tom Capossela James Galgano Absent : Eliot Martone Also Present: Sean McCarthy (Village Architect) Anthony DelVecchio (Recording Secretary) Agenda: 1) Elaine Metcalf 2) Hiroshi Mitsumoto 3) Carlos Panjon 4) Marisol Williams 5) Minutes of the April 2004 meeting 127 Devries Avenue 165 Hunter Avenue 34 Cedar Street 120 Beekman Avenue Announcements: None. 1) Elaine Metcalf This is an application for an area variance to construct a second floor addition and a new front porch where the proposed construction creates the following non-compliances: Required Front yard setback = 30.0 feet Proposed Front yard setback = 27.0 feet The Chair asked if the returns were received. Sean McCarthy responded yes. The public notice was read aloud. The Chair stated that the Board had received the following: 1) application for a variance dated 04/14/04 2) plans dated 03/30/04 �3) Letter from Jim Margotta denying the request for a building permit. 4) Pictures of residence from the street Bjorn Slate is the project architect. He is representing this application along with Elaine Metcalf. Bjorn Slate explained that the applicant wants to replace and expand the existing front porch and expand the upstairs bedroom. He stated that the building footprint would not change. He stated that the porch would be reframed and the upstairs bedroom would be expanded. He stated that the existing porch is currently set back 27-feet from the front yard and the upstairs bedroom would be expanded on top of the porch. The Chair asked if the Board 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. Jim Galgano seconded. It was unanimous (5-0). Peter Koffler asked if the new exterior would match the existing. Bjorn Slate responded yes. The Chair stated that this is not a self-created hardship and that the variance is the minimum variance that could be granted. He also stated that it is not out-of-character with the neighborhood. Jim Galgano made a motion to approve the application as submitted. Tom Capossela seconded. It was unanimous (5-0). 2) Hiroshi Mitsumoto This is an application for variances to construct a one story addition and open deck to the rear of the existing single-family residence requiring the following variances: Required Min lot area = 10,000- sq feet Min lot width = 75-feet Min one side yard = 10-feet Min combined side yard setback = 25-feet Proposed Min lot area = 9,000-sq feet Min lot width = 60-feet Min one side yard = 9.5 feet Min combined side yard setback = 19.5-feet Also: a) Application of Regulations - a variance is required to the Village Zoning Code with regards to adding to an existing non-conforming building and lot. APPROVED - Zoning Board of Appeals Meeting, May 19, 2004 2 �The Chair asked if the returns were received. Sean McCarthy responded yes. The public notice was read aloud. The Chair stated that the Board had received the following: 1) application for a variance dated 04/13/04 2) plans dated 04/14/04 Joe Bertilino is the project architect and is representing this application. He briefly explained the proposed project. He stated that the existing deck would be removed and a new open deck would be constructed. He also reviewed the existing setbacks for the Board. The Chair asked if all of the non-conformities were existing. Joe Bertilino responded yes. The Chair asked if the project would be affecting the read yard setback. Joe Bertilino responded no. The Chair asked if a variance was required when the house was originally built. Joe Bertilino responded that the house was built 50 years ago. The Chair asked if the Board had any comments. There was none. The Chair opened the public hearing. Since there were no public comments, Jim Galgano made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (5-0). The Chair stated that this is the minimum variance that could be granted. He also stated that this project is not out-of-character with the neighborhood and that is not a self-created hardship. Tom Capossela made a motion to approve the application as submitted. Linda Moiron seconded. It was unanimous (5-0). 3) Carlos Panjon This is an application for variances to construct a one story addition and open deck to the rear of the existing single-family residence requiring the following variances: Required Min lot size = 4,000- sq feet Min lot width = 40-feet Min front yard = 20-feet Proposed Min lot size = 1,855-sq feet Min lot width = 25-feet Min front yard = 8.97-feet APPROVED - Zoning Board of Appeals Meeting, May 19, 2004 3 �Min one side yard = 5.0-feet Min combined side yard setback = 15-feet Min rear yard = 25.0-feet Max permitted lot coverage = 35% Min one side yard = 0.99-feet Actual one side yard = 0.99feet Min combined side yard setback = 6.15-feet Actual combined side yd setbacks = 6.15-feet Min rear yard = 23.0-feet Actual rear yard = 23.0-feet Proposed lot coverage = 38% Actual lot coverage = 31% Also: a) Application of Regulations - a variance is required to the Village Zoning Code with regards to adding to an existing non-conforming building and lot. b) Off- Street parking and Loading Spaces – Required - a minimum parking stall shall be 9ft wide and 18 feet long. Proposed – proposed space is 7ft wide and 15 ft long. c) Required Parking spaces – Minimum required spaces are two. Actual parking spaces are zero. Proposed parking spaces is one. The public notice was read aloud. The Chair asked if the returns were received. Sean McCarthy responded yes. The Chair stated that the Board had received the following: 1) application for a variance dated 04/20/04 2) plans dated 03/15/04 3) Letter from Michael Hyland objecting to the proposed work. Robert Barstow is the project architect and is representing this application along with Carlos Panjon. He stated that the owner wants to enlarge a bedroom and expand the dwelling into the rear of the property. He submitted a letter dated 10/30/2003 from the adjacent neighbor (Carlos Figueroa) not objecting to the proposed parking space. The Chair asked the applicant to review the setbacks. Robert Barstow responded that the proposed work would not be affecting lot size, width and the front yard setback. APPROVED - Zoning Board of Appeals Meeting, May 19, 2004 4 �There was an open discussion on the front yard setback. It was agreed that 10-feet was acceptable as a setback based on neighboring properties. Robert Barstow responded that the proposed work would also not affect the side yard setback (one side) the read yard and side yard (combined) setbacks. The Chair asked how much does the proposed addition extend from the main structure without the enclosed addition currently on the rear of the property. Robert Barstow responded about 5-feet. The Chair asked if a curb cut currently exists. Robert Barstow responded no. The Chair asked if parking is needed based on lack of parking. Robert Barstow responded yes. He stated that Cedar Street allows parking on only one side of the street. The Chair stated that no street parking would be lost because of the curb cut. The Chair asked about the current number of bedrooms. Robert Barstow responded that there are two bedrooms on the first floor and one bedroom on the second floor. The Chair asked which unit the owner occupies. Robert Barstow responded in the bottom unit. He also stated that the owner is only expanding the existing bedroom on the first floor and adding a living room on the 2nd floor. There was an open discussion on the parking space and how it would fit in the front yard. Peter Koffler asked if the property was a legal 2-family dwelling. Robert Barstow responded yes. Linda Moiron asked about the existing square footage of the property. Robert Barstow responded 1200 square feet. The Chair opened the public hearing. Since there were no public comments, Linda Moiron made a motion to close the public hearing. Jim Galgano seconded. It was unanimous (5-0). The Chair referred to the letter received by Michael Hyland. The Chair asked the applicant if he knew why Michael Hyland opposed the proposed work. Sean McCarthy stated that Michael Hyland stated that he was opposed to the increased density in the area as well as the proposed parking spot. Peter Koffler stated if the parking space were approved, he would be concerned with rear yard access in an emergency. APPROVED - Zoning Board of Appeals Meeting, May 19, 2004 5 �Linda Moiron agreed. Jim Galgano questioned the property being a legal 2-family dwelling. It was verified that the property is a legal 2-family residence. Sean McCarthy stated that since one side yard is 0.99 feet, a one-hour fire rated wall is required. Robert Barstow responded that the fire rating would be addressed in the construction documents. The Chair stated that this is the minimum variance that could be granted. He also stated that this project is not out-of-character with the neighborhood and that is not a self-created hardship. Jim Galgano made a motion to approve the dwelling extension as submitted. Peter Koffler seconded. It was approved (4-1) (Capossela). Peter Koffler made a motion to deny the request to construct a parking space in the front yard. Linda Moiron seconded. It was unanimous (5-0). 4) Marisol Williams Since nobody attended the meeting on behalf of the applicant, this item was adjourned to the next meeting. 5) Minutes of the April 2004 meeting – The minutes for April 2004 will be reviewed at the next meeting. The Chair made a motion to adjourn. Tom Capossela seconded. It was unanimous (5-0). Adjourned at 9:10 p.m. Respectfully Submitted, Anthony Del Vecchio APPROVED - Zoning Board of Appeals Meeting, May 19, 2004 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-2004 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_2004-05-19 Subject The topic of the resource Zoning Board Minutes & Resolutions-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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/105ec8bad50d63b5f4086bb58aecf95b.pdf 4a8dee3457a5a74bf639c45559b98a2f PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED June 16, 2004 The meeting was called to order by Robert Anello, Chairman at 8:00 pm. The Chair noted that a quorum was present. Present: Robert Anello, Chairman Linda Moiron Peter Koffler Tom Capossela James Galgano Absent : Eliot Martone Also Present: Sean McCarthy (Village Architect) Anthony DelVecchio (Recording Secretary) Agenda: 1) Thomas Walek 532 Bellwood Avenue 2) Marisol Williams 120 Beekman Avenue 3) Laurentino Rodrigues 72 Chestnut Street 4) Minutes of the April and May 2004 meetings Announcements: None. 1) Thomas WalekThis is an application for an area variance to construct a one-story addition to the rear of the house and a one-story addition to the front of the house where the proposed work creates the following non-compliances: Required Min combined side yard setback = 25-feet Proposed Min combined side yard setback = 23.0-feet Existing Min combined side yard setback = 23.0-feet The Chair asked if the returns were received. �Sean McCarthy responded yes. The public notice was read aloud. The Chair stated that the Board had received the following: 1) application for a variance dated 05/12/04 2) plans dated 04/20/04 Leonard Weinberg is the project architect and is representing this application. He briefly explained the proposed project. He stated that the existing non-conformity is not effected by the proposed work. The Chair stated that neither side yard would violate the Zoning laws but the combined side yard setbacks would not conform to the current zoning regulations. The Chair asked why the variance is needed. Leonard Weinberg responded that the applicant requires more living space since they are a young family with young children. He stated that the garage entrance is being moved to accommodate the applicant’s safety concerns for their young children. He also stated that a variance would be required for any work proposed on the property. The Chair asked if the Board had any comments. There was none. The Chair opened the public hearing. Since there were no public comments, Jim Galgano made a motion to close the public hearing. Tom Capossela seconded. It was unanimous (5-0). The Chair stated that this is the minimum variance that could be granted. He also stated that this project is not out-of-character with the neighborhood and that is not a self-created hardship. Jim Galgano made a motion to approve the variance as submitted. Tom Capossela seconded. It was unanimous (5-0). 2) Marisol Williams This is a continuation from previous meetings. Jon Turnquist stated that the applicant would like to make a statement. The Chair allowed the applicant to make a statement. Juan Yan stated that he would like a written reason as to why the request for a two-family residence was denied. APPROVED - Zoning Board of Appeals Meeting, June 16, 2004 2 �The Chair informed the applicant to obtain a copy of the Zoning Board minutes for the meeting from the Building Department. Juan Yan stated that he is being discriminated against. He stated that other houses have similar variances and there are other two-family houses in the area. The Chair responded that the house was purchased as a one-family residence. He stated that the applicant is not being discriminated against. He stated that the owner could have their entire family live in the house but not as a two-family residence. The Chair stated that the Board could not re-address the request for a two-family residence for six-months. He stated that the applicant could continue their request for the area variance with new construction consistent with a one-family residence. Jon Turnquist requested an adjournment to the next meeting. At the request of the applicant, Peter Koffler made a motion to adjourn this matter to the next meeting. Linda Moiron seconded. It was unanimous (5-0). 3) Laurentino Rodrigues This is an application for variances to add to and convert an existing single-family residence to a two family residence where the proposed work creates the following noncompliances: Required Min lot size = 4,000- sq feet Min front yard = 20-feet Min one side yard = 3.0-feet Min combined side yard setback = 12-feet Min rear yard = 25.0-feet Max permitted lot coverage = 35% Proposed Min lot size = 1,300-sq feet Min front yard = 3.00-feet Existing front yard = 3.00-feet Min one side yard = 1.00-feet Actual one side yard = 1.00feet Min combined side yard setback = 25.0-feet Existing combined side yd setback = 27.5-feet Min rear yard = 1.0-feet Actual rear yard = 1.0-feet Proposed lot coverage = 36% Actual lot coverage = 31.2% Also: a) Application of Regulations - a variance is required to the Village Zoning Code with regards to adding to an existing non-conforming building and lot. b) Off- Street parking and Loading Spaces – APPROVED - Zoning Board of Appeals Meeting, June 16, 2004 3 �Required - a minimum parking stall shall be 9ft wide and 18 feet long. Proposed – proposed space is 9ft wide and 15 ft long. The public notice was read aloud. The Chair questioned the accuracy of the public notice since the minimum combined side yard setback requirements seem to have been met. It was decided that the minimum combined side yard setback variance was not needed. The Chair asked if the returns were received. Sean McCarthy responded yes. The Chair stated that the Board had received the following: 1) application for a variance - undated 2) plans dated 04/19/04 3) short EAF Jon Turnquist is the project architect and is representing this application along with attorney Herbert Bosner. Jon Turnquist explained the proposed project. He stated that he house is currently a one-family house with one-bedroom. He stated that the proposed work includes adding a one-story addition that would be identical to the existing first floor unit. The Chair asked that applicant to address the variance statutes. Herbert Bosner responded that the applicant purchased the property for the purpose of joining with another property (176 Valley Street) but for several reasons, the properties cannot be joined. He stated that this property needs extensive work. He stated that the lot is non-conforming. The Chair asked if this is a permitted use. Herbert Bosner responded yes. He stated that all properties on the block are non-conforming. The Chair asked if there are any statistics in support of the statement. Herbert Bosner submitted a street plan. The Chair asked if the Board had any questions. Peter Koffler asked about the length of the parking spaces. Herbert Bosner responded that one of the parking spaces is not long enough according to the Village Zoning code. Peter Koffler asked if other that the lot coverage and proposed parking spaces, the nonconformity is not changing. Herbert Bosner agreed. APPROVED - Zoning Board of Appeals Meeting, June 16, 2004 4 �The Chair opened the public hearing. Frank Occhipinti (18 Gesner Place) stated that the applicant could achieve the same objective by increasing the one-family unit and not adding an additional apartment. Since there were no other public comments, Jim Galgano made a motion to close the public hearing. Tom Capossela seconded. It was unanimous (5-0). Jim Galgano stated that he likes the parking on the property as opposed to street parking. He stated that the individual units are very small. Tom Capossela stated that he has a problem with the request to expand the property to a 2-family house. He stated that he does not have a problem with the expansion of the existing one-family house. The Chair stated that he does not see a reason to grant the request for a 2-family house. Linda Moiron stated that the house is very small. She asked about the square footage of the units. Jon Turnquist responded that each unit would be 500 square feet. Herbert Bosner asked if the applicant proposed just adding the second floor would a variance still be required. The Chair responded that a variance would still be required since the applicant would be extending an existing non-conforming structure. Herbert Bosner asked if the Board could approve the expansion of the one-family. The Chair responded that the plans need to reflect the proper changes. He stated that the applicant still required variances. It was discussed that six variances are still required. The combined side yard setbacks and the parking space requirement are not required. It was also decided that the public notice is adequate for a one-family residence. At the request of the applicant, Jim Galgano made a motion to adjourn the application to the next meeting and withdraw the request for a conversion to a two-family residence. Tom Capossela seconded. It was unanimous (5-0). 4) Minutes of the April and May 2004 meetings – The minutes for April 2004 were reviewed. Jim Galgano made a motion to approve the minutes as amended. Linda Moiron seconded. It was unanimous (5-0). APPROVED - Zoning Board of Appeals Meeting, June 16, 2004 5 �The minutes for May 2004 were reviewed. The Chairman made a motion to approve the minutes as amended. Peter Koffler seconded. It was unanimous (5-0). The Chair made a motion to adjourn. Tom Capossela seconded. It was unanimous (5-0). Adjourned at 9:02 p.m. Respectfully Submitted, Anthony Del Vecchio APPROVED - Zoning Board of Appeals Meeting, June 16, 2004 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-2004 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_2004-06-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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/f2c77442b8cf1f73753cab2c8ff48d48.pdf 3f956a9e5c571e94b53091106f5272e6 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED July 21, 2004 The meeting was called to order by Robert Anello, Chairman at 8:00 pm. The Chair noted that a quorum was present. Present: Robert Anello, Chairman Eliot Martone Tom Capossela James Galgano Absent : Peter Koffler Linda Moiron Also Present: Sean McCarthy (Village Architect) Anthony DelVecchio (Recording Secretary) Robert Ponzini (Gaines, Baker & Novick/Village Attorney) Agenda: 1) Marisol Williams 2) Laurentino Rodrigues 3) Elizabeth Basescu 4) Ralph Darby 5) Sebastian Silva 6) Minutes of the June 2004 meetings 120 Beekman Avenue 72 Chestnut Street 37 Pierson Avenue 8 Kendall Avenue 70 Pocantico Street Announcements: The Chair stated that since only four members are present, the applicant could request an adjournment to the September meeting since a unanimous vote would be required for approval. 1) Marisol WilliamsThis is a continuation from previous meetings. Adali Yan is representing the application. She claims to be one of the owners of the property. The Chair informed the applicant that plans that are more detailed were requested by the Board at the last meeting. Adali Yan responded that there was no new information to present at this time. The Chair summarized the application to date. �Adali Yan stated that she would like to return at the October meeting with the additional information that the Board requested. There was an open discussion on whether the application should be withdrawn and submitted as a new application with new public notices. It was decided by the applicant that the current application be formally withdrawn. Jim Galgano made a motion to withdraw the application. Tom Capossela seconded. It was unanimous (4-0). 2) Laurentino Rodrigues This is a continuation from previous meetings. Herbert Bosner stated that the revised plans dated 06/30/2004 show the revised layout of the interior. He also stated that there is adequate parking on-site. Sean McCarthy stated that the building footprint was modified to reflect the new staircase. The Chair asked if the public notice was changed. Sean McCarthy responded that the only change was in the lot coverage. It has increased from 35% to 36%. The Chair asked if the Board had any questions. There was none. The Chair opened the public hearing. Since there were no public comments, Eliot Martone made a motion to close the public hearing. Jim Galgano seconded. It was unanimous (4-0). The Chair noted that the application was not out-of-character with the neighborhood. He also stated that this application is not a self-created hardship and that this would be the minimum variance granted. The Chair also noted that the request to convert the property to a 2-family residence was withdrawn. Jim Galgano made a motion to approve the application as submitted. Tom Capossela seconded. It was unanimous (4-0). 3) Elizabeth BasescuThis is an application for variances to add a roof trellis over a patio and add a one-story addition where the proposed work creates the following non-compliances: APPROVED - Zoning Board of Appeals Meeting, July 21, 2004 2 �Lot Width Minimum required = 75-feet Actual lot width = 70.0-feet Side Yard Minimum side yard setback = 10-feet Existing side yard = 15’-8” Proposed side yard = 6’-8” The Chair asked if the returns were received. Sean McCarthy responded yes. The public notice was read aloud. The Chair stated that the Board was in receipt of the following: 1) application dated 06/08/04 2) survey of property 3) tax map 4) building plans dated 02/07/03 5) revised building plans dated 08/25/03 Elizabeth Basescu is the applicant and is representing this application. She spoke about adding a one-story addition and adding a roof trellis over a patio and expanding the driveway. Sean McCarthy stated that the trellis is considered a structure. Elizabeth Basescu stated that this was the only location that the trellis could be constructed due to the location of the existing patio and French doors. Eliot Martone asked if the trellis was free standing. Sean McCarthy responded that it was attached to the house. The Chair asked about the use of the one-story addition. Elizabeth Basescu responded that the addition would be used for additional living space. The Chair opened the public hearing. Robert Ryan (25 Pierson Ave) stated that he had no concerns with the extension. He stated that he was concerned with the driveway expansion and the relation to his property. He stated that his primary concern is the cutting of the existing masonry wall that is shared between the two properties. The Chair stated that the driveway width and location is not within the Zoning Board’s jurisdiction. APPROVED - Zoning Board of Appeals Meeting, July 21, 2004 3 �There was an open discussion on where a retaining wall could be built in this zoning district. Jim Galgano made a motion to close the public hearing. Eliot Martone seconded. It was unanimous (4-0). The Chair stated that the proposed addition is in character with the neighborhood. He also stated that this is not a self-created hardship and that the variance would be the minimum variance allowed to accommodate the applicant’s needs. Tom Capossela made a motion to approve the application as requested. Eliot Martone seconded. It was unanimous (4-0). 4) Ralph Darby This is an application for area variances to convert the existing building to a single-family residence and artist’s studio where the proposed work creates the following noncompliances: Lot Coverage Maximum required = 35% Existing lot coverage = 92.5% Front Yard Minimum front yard setback = 20.0-feet Existing front yard setback = 4.09-feet One Side Yard Minimum one side yard setback = 3.0-feet Existing one side yard = 0.5-feet Combined yards Minimum combined yards = 12.0-feet Existing combined yards = 1.69-feet Rear Yard Minimum rear yard setback = 25.0-feet Existing rear yard setback= 0.70-feet The Chair asked if the returns were received. Sean McCarthy responded yes. The public notice was read aloud. APPROVED - Zoning Board of Appeals Meeting, July 21, 2004 4 �John Hughes is representing this application along with Ralph Darby. The Chair asked if a parking variance was needed. John Hughes responded no. He stated that there is a 6-car parking lot next to the property. The Chair asked who currently parks in the lot. Ralph Darby responded that the current owners allow the neighbors to park in the lot. John Hughes stated that the property would not be changing. The Chair stated that the Board was in receipt of the following: 1) application 2) short EAF Ralph Darby stated that he is a sculptor. He stated that the studio would be used for his work. He stated that the house would be used as his primary residence. The Chair asked if Ralph Darby had any employees. Ralph Darby responded that for a large project, he would take on an assistant for the duration of the project only. The Chair asked about the vehicles that would be at the property. Ralph Darby responded that there is a van and a family car. Eliot Martone asked if the property would be used as a gallery or as a studio. Ralph Darby responded that he would open up the studio from time to time for clients but it would not be a formal gallery. Tom Capossela asked if anyone would be living in the studio. Ralph Darby responded that nobody would be living on the first floor. John Hughes stated that Mr. Darby’s wife is a painter. He stated that the studio would be used by both owners. The Chair opened the public hearing. Ellen McDonough (23 Kendall Ave) stated that she is concerned with the no parking area in front of the building. She also stated that she is concerned with any potential noise resulting from the studio. Sean McCarthy responded that the Village has a noise ordinance. The Chair asked the applicant about the hours of operation for the studio. Ralph Darby responded that the studio would not be opened past 9pm. The Chair asked if there were any other public comments. APPROVED - Zoning Board of Appeals Meeting, July 21, 2004 5 �There was none. Jim Galgano made a motion to close the public hearing. Eliot Martone seconded. It was unanimous (4-0). The Chair stated that the proposed addition is in character with the neighborhood. He also stated that this is not a self-created hardship and that the variance would be the minimum variance allowed to accommodate the applicant’s needs. Jim Galgano made a motion to approve the application with the following conditions: 1) no commercial use after 10pm 2) must follow home profession regulations of the Village code Eliot Martone seconded. It was unanimous (4-0). 5) Sebastian Silva This is an application for an interpretation of the Village Zoning Code, Chapter 62, alleging that the Building Inspector is in error in refusing to grant a certificate of occupancy for the continued use of the basement apartment. Article VII: Non –Conforming uses Section 62-23.A: Continuation. A use or structure existing at the effective day may be continued. The Chair asked if the returns were received. Sean McCarthy responded yes. The public notice was read aloud. The Chair stated that the Board was in receipt of the following: 1) application dated 05/13/04 2) EAF 3) letter dated 07/03/02 (unsigned) from the Village plumbing inspector 4) letter dated 07/03/02 from Antonio Saris 5) letter dated 04/15/02 from Robert Stiloski stating that the apartment is illegal 6) letter dated 07/25/02 from building department denying a 3-family certificate of occupancy 7) landlords report (landlord decontrol) dated 11/1973 Richard Blancato is representing this application along with Carlos Rodriguez. Richard Blancato submitted documents to the Board. He stated that all three apartments were previously rent controlled. He submitted a cover letter from former Village Attorney Gesari. The letters indicated that Mr. Gesari de-controlled all three apartments between 1971 and 1973. APPROVED - Zoning Board of Appeals Meeting, July 21, 2004 6 �Richard Blancato stated that the property was purchased in 1965. He stated that the owner lived in the basement apartment until 1971. He stated that the apartment has been in use continuously as an apartment. Lastly, he stated that Robert Stiloski served the owner with a criminal summons and stated that the apartment was recently renovated without a building permit. Sean McCarthy stated that the Building Department records indicate a 2-family residence. Eliot Martone asked about the tax records. Richard Blancato responded that the town tax records indicate a 3-family residence but the Village’s tax records indicate a 2-family residence. Carlos Rodriguez (son-in-law of the owner) stated that he could verify the duration of a 3-family residence from 1964 to present. Tom Capossela stated that work was performed in 1969. He asked if any permits were filed. Richard Blancato responded that no records are available. It was agreed that the testimony to be made to support the applicant would be made under oath. The Chair swore in Catherine Castigliari (60 Pocantico Street). She stated that she has lived at her address since 1957. She stated that the property was always a 3-family residence. She stated that the DiFelice family owned the property until 1965. She recalled the names of several people who resided at the property. The Chair swore in Carlos Rodriguez. He stated that the property was purchased in 1965. He stated that the property always had a person living in the basement apartment. He stated that he is familiar with the property since 1971. He stated that Robert Stiloski went performed inspections throughout the neighborhood and stated that the basement apartment was illegal. He also stated that he has never lived at the property. The Chair swore in Maria Friere (42 Howard Street). She stated that she is familiar with the property. She stated that she lived on the first floor of the property for 13 years. She stated that there was always a tenant living in the basement apartment and that the property always contained three families. The Chair opened the public hearing. Since there were no public comments, Jim Galgano made a motion to close the public hearing. Eliot Martone seconded. It was unanimous (4-0). There was an open discussion on the Village records, owner records and the recent property inspection. APPROVED - Zoning Board of Appeals Meeting, July 21, 2004 7 �The Chair made a motion to reject the interpretation of the Building Department and stated that the property pre-existed the Village Zoning Code and is a 3-family residence. The Chair also stated that the Board is not making any approvals as to the Village Building Code and the condition of the property. Jim Galgano seconded. It was unanimous (4-0). 6) Minutes of the June 2004 meetings – The minutes for June 2004 were reviewed. Eliot Martone made a motion to approve the minutes as amended. Tom Capossela seconded. It was unanimous (4-0). Eliot Martone made a motion to adjourn. Tom Capossela seconded. It was unanimous (4-0). Adjourned at 9:31 p.m. Respectfully Submitted, Anthony Del Vecchio APPROVED - Zoning Board of Appeals Meeting, July 21, 2004 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-2004 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_2004-07-21 Subject The topic of the resource Zoning Board Minutes & Resolutions-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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/4eeae051f54d4da7bf9449ec82fcfba9.pdf af6157af063eebf4cd8d5d1164f44b28 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED October 20, 2004 The meeting was called to order by Robert Anello, Chairman at 8:05 pm. The Chair noted that a quorum was present. Present: Robert Anello, Chairman Eliot Martone Linda Moiron James Galgano Absent : Peter Koffler Tom Capossela Also Present: Sean McCarthy (Village Architect/Village of Sleepy Hollow) Anthony DelVecchio (Recording Secretary) Agenda: 1) Mario Freire 2) Grace & Wai Man Yeung 3) Pedro Urgilies 4) James Ford 5) Minutes of the July 2004 meeting 42 Howard Street 254 Harwood Avenue 12 Clinton Street 132 Bedford Road Announcements: The Chair stated that since only four members are present, the applicant could request an adjournment to the November meeting since a unanimous vote would be required for approval. The Chair acknowledged the resignation letter from Tom Capossela. The Chair stated that Tom Capossela had been recently appointed to serve as a Village Trustee. 1) Mario FreireThe applicant is requesting an interpretation of the Village Zoning Code regarding front yard setbacks for corner lots. The Chair asked if the returns were received. Sean McCarthy responded yes. The public notice was read aloud. The Chair stated that the Board was in receipt of the following: �1) application 2) cover letter from architect, Sam Vieira 3) copies of two zoning schedules 4) applicable code sections 5) zoning analysis regarding proposed development 6) tax lots and tax info Sam Vieira is the project architect and is representing this application on behalf of Mario Freire. The Chair asked if the application was for a variance. Sam Vieira responded that the request was for an interpretation only. The Chair stated that the Board could not move forward on certain issues since the public was not properly noticed. Sam Vieira spoke about the existing property. He spoke about several issues regarding developing the property between two developed lots. Sean McCarthy spoke about the Village code requirements regarding corner lots. He stated that the code requires a 20-foot front yard setback and a 10-foot setback for the “other” front yard. He stated that the applicant is seeking to make the setback 10-foot on both sides. The Chair read the applicable code sections regarding corner lots. There was an open discussion on the interpretation of the code. The Board agreed that the selected front yard would by default; make the “other” front yard as the side yard. The Chair stated that his interpretation of the Code was to avoid site line issues on corner lots. The Board unanimously agreed that the applicant should pick one yard as the front yard with a 20-foot setback and the other side would be a side yard with a 10-foot setback. In addition, the rear yard setback would be 25-feet. There was an open discussion on whether the applicant can build on an undersized lot as an “asof-right.” No action was taken. 2) Grace & Wai Man Yeung This is an application for variances to add to and alter an existing house and to construct a new detached garage where the proposed work creates the following non-compliances: APPROVED - Zoning Board of Appeals Meeting, October 20, 2004 2 �Lot Width Minimum required = 75.0-feet Actual lot width = 73.5-feet Side Yard Minimum one side yard setback = 10.0-feet Existing side yard = 9.6-feet Combined side yards Minimum combined yards = 25.0-feet Existing combined yards = 19.8-feet Also: a) Application of Regulations - a variance is required (per the Village Zoning Code) regarding adding to and altering an existing non-conforming building and lot. The Chair asked if the returns were received. Sean McCarthy responded yes. The public notice was read aloud. Radoslav Opacic is the project architect and is representing this application along with Grace Yeung. Radoslav Opacic summarized the proposed project. He stated that the house would be modified within the existing footprint. He also stated that there is no impact to the front yard setback. The Chair asked if Architectural Review Board approval was required. Radoslav Opacic responded yes. The Chair asked about the new garage. Radoslav Opacic responded that the garage would be freestanding. He also stated that any new work performed on the structure would require a variance. The Chair asked why the applicant needed this new addition. Radoslav Opacic responded that the applicants require a home office that would be located in the attic. He also stated that a staircase would be required to access this space. He also stated that the existing bedrooms would be altered to accommodate the new staircase. The Chair asked if the Board had any comments. There was none. APPROVED - Zoning Board of Appeals Meeting, October 20, 2004 3 �Radoslav Opacic showed a mass model to illustrate the increase in size. He also stated that the structure would change from a colonial to a modern structure. The Chair opened the public hearing. Amy Bogus (266 Harwood Ave) asked about the chimney side expansion of the structure. Radoslav Opacic responded that the structure was not changing on that side. Mary Ellen Joy (537 Riverside Drive) stated that she was concerned with the appearance of the new structure. Eliot Martone responded that the architectural features of the project are not within the Zoning Board’s jurisdiction. He stated that the Architectural Review Board would review the proposed building architecture. Since there were no further public comments, Linda Moiron made a motion to close the public hearing. Eliot Martone seconded. It was unanimous (4-0). The Chair stated that this is the minimum variance that could be granted. He also stated that this project is not out-of-character with the neighborhood and that is not a self-created hardship. Jim Galgano made a motion to approve the variance as submitted. Linda Moiron seconded. It was unanimous (4-0). 3) Pedro UrgiliesThis is an application for variances to convert a single-family residence to a two-family residence where the proposed conversion creates the following non-compliances: Lot Size Minimum lot size = 4,000 sq feet Actual lot size = 2,972 sq feet Lot Width Minimum required = 40-feet Actual lot width = 25.0-feet Front Yard Minimum one front yard setback = 20.0-feet Existing front yard = 5.8-feet Side Yard Minimum side yard setback = 5.0-feet Existing side yard = 0.7-feet APPROVED - Zoning Board of Appeals Meeting, October 20, 2004 4 �Combined side yards Minimum combined yards = 15.0-feet Existing combined yards = 4.1-feet Also: a) Application of Regulations – a variance is required (per the Village Zoning Code) regarding adding to and altering an existing non-conforming building and lot. b) Parking Spaces – Required – two parking spaces. Proposed – none. The Chair asked if the returns were received. Sean McCarthy responded yes. The public notice was read aloud. Jeffrey Shumedja is representing this application on behalf on Pedro Urgilies. He stated that the property was purchased in 2003. He also stated that the property was used for several years as a two-family residence. Jeffrey Shumedja spoke about the building permits that were obtained to make repairs on the two-family residence. He stated that the permits indicate that the property is a twofamily residence. Lastly, he stated that the Village records do not reflect that the property is a two-family residence. There was an open discussion on whether this was an application for a variance or for an interpretation of the Village Code. It was agreed that the applicant would be required to re-notice the public only if the applicant wishes to proceed. If the applicant wishes to proceed, they will be required to file an appropriate application for an interpretation of the Village Code. Linda Moiron made a motion to adjourn the application. Eliot Martone seconded. It was unanimous (4-0). 4) James Ford This is an application for an area variance to erect an eight-foot high fence where a maximum height of five foot is permitted. The Chair asked if the returns were received. Sean McCarthy responded yes. APPROVED - Zoning Board of Appeals Meeting, October 20, 2004 5 �The public notice was read aloud. James Ford is the applicant and is representing this application. The Chair asked if Architectural Review Board approval was required. Sean McCarthy responded yes. James Ford stated that the fence is required to keep out animals. The Chair asked if the applicant had a schematic to indicate the location of the fence. It was unanimously agreed that more information is needed. Sean McCarthy stated that the fence is already installed. He stated that the fence was discovered during a recent inspection. Eliot Martone made a motion to refer this application to the Architectural Review Board. Jim Galgano seconded. It was unanimous (4-0). 5) Minutes of the July 2004 meeting – The minutes for July 2004 will be reviewed at the next meeting. Eliot Martone made a motion to adjourn. Linda Moiron seconded. It was unanimous (4-0). Adjourned at 9:31 p.m. Respectfully Submitted, Anthony Del Vecchio APPROVED - Zoning Board of Appeals Meeting, October 20, 2004 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-2004 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_2004-10-20 Subject The topic of the resource Zoning Board Minutes & Resolutions-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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/53b1f190896acc47c61f66539117ff2b.pdf 3fefbf89715d92178e19f50b402f6fed PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED November 17, 2004 The meeting was called to order by Eliot Martone, Acting Chairman at 8:10 pm. The Chair noted that a quorum was present. Present: Eliot Martone, Acting Chairman Peter Koffler Linda Moiron James Galgano Absent : Robert Anello, Chairman Also Present: Sean McCarthy (Village Architect/Village of Sleepy Hollow) Anthony DelVecchio (Recording Secretary) Robert Ponzini (Gaines, Baker & Novick/Village Attorney) Agenda: 1) James Ford 132 Bedford Road 2) Daniel Diaz 168 Cortlandt Street 3) Sleepy Hollow Designs 34-36 Clinton Street 4) Minutes of the July and October 2004 meetings Announcements: The Chair stated that since only four members are present, the applicants could request an adjournment to the December meeting since a unanimous vote would be required for approval. 1) James FordThis is a continuation from the previous meeting. There was nobody at the meeting to represent this application. Sean McCarthy stated that the survey was the only item that the Board requested at the last meeting. He spoke about the location of the fence. The Chair asked if there were any public comments. Since there were no public comments, Peter Koffler made a motion to close the public hearing. James Galgano seconded. It was unanimous (4-0). Peter Koffler asked about the type of fence the applicant proposed. Sean McCarthy responded that the fence was made of wire mesh. He stated that the fence was required by the applicant to keep deer off the property. He also stated that the fence was already installed. �There was an open discussion on whether to proceed without the applicant present. Peter Koffler made a motion to adjourn this item to the next meeting. James Galgano seconded. It was unanimous (4-0). 2) Daniel Diaz This is an application for variances to construct an office space in the lower level of the structure where the proposal creates the following non-compliances: Required Parking Spaces: Proposed office requires 2 spaces. No spaces are provided. The Chair asked if the returns were received. Sean McCarthy responded yes. The public notice was read aloud. Jon Turnquist is the project architect and is representing this application along with Daniel Diaz. The Chair stated that the Board had received the following: 1) application 2) petition for a variance 3) short EAF 4) plans Jon Turnquist spoke about the proposed office in the basement area. He stated that parking is not an issue since the owner lives ½ block away from property. He stated that the owner needs an office to run his grocery store. He stated that the property currently has two apartments on top of the grocery store. The Chair asked why a full bath is required. Jon Turnquist responded that the full bath could be eliminated. The Chair responded that he would feel more comfortable with a ½ bath. He stated that the concern was with the future possibility of making an apartment out of the basement area. Sean McCarthy asked about access to the basement. Jon Turnquist responded that access can be gained thru the current 1st floor bathroom. He stated that access to the basement could also be obtained from the rear door. APPROVED - Zoning Board of Appeals Meeting, November 17, 2004 2 �The Chair asked if there were any public comments. Since there were no public comments, Linda Moiron made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (4-0). There was an open discussion on why the basement needs to be totally finished. Linda Moiron asked what could be accomplished if the application was not approved. Jon Turnquist responded that the applicant could sheetrock the walls but the use of the property could not change from storage to office space. Sean McCarthy stated that two parking spaces are needed since the grocery store is actually expanding. Jon Turnquist stated that the fire resistance of the basement is increasing by sheetrocking the walls and smoke detectors. Peter Koffler made a motion to approve the application with the following conditions: 1) no bathroom in the basement. 2) the basement is never to be used as a residence. Linda Moiron seconded. It was unanimous (4-0). 3) Sleepy Hollow DesignsThis is an application to review and provide recommendations to the Village Planning Board on the application to construct a six-family dwelling requiring the variances: Lot Area Minimum lot area = 9,500 sq feet Actual lot area = 3,740 sq feet Front Yard Minimum front yard setback = 20.0-feet Proposed front yard = 0.0-feet Rear Yard Minimum rear yard setback = 25.0-feet Proposed rear yard = 6.5-feet Lot Coverage Maximum lot coverage = 35% Proposed lot coverage = 45% The Chair asked if the returns were received. APPROVED - Zoning Board of Appeals Meeting, November 17, 2004 3 �Sean McCarthy responded yes. The public notice was read aloud. Robert Barstow is the applicant and is representing this application. The Chair stated that the Board had received the following: 1) application 2) short EAF 3) design plans Sean McCarthy stated that this application is for the Board to review and provide recommendations back to the Planning Board. Robert Barstow spoke about the existing site. He spoke about the adjacent Metro North property. He presented a site plan indicating the building footprint, lot size and the Metro North property. He spoke about neighboring properties and their associated lot coverages. Robert Barstow spoke about the front yard setbacks and stated that the setback should be reduced to 10-feet for this property. Sean McCarthy agreed. He stated that since the building would be between two developed lots, the average setback between those two lots could be used. The Chair asked if all of the proposed apartments were one-bedroom. Robert Barstow responded yes. Peter Koffler asked if parking was being provided. Robert Barstow responded yes. He explained the parking layout. The Chair asked if the building height conforms to the Village Code. Robert Barstow responded yes. Peter Koffler asked if the only issues before the Board are the building setbacks. Robert Barstow referred to the public notice. Sean McCarthy stated that the lot area is a concern for the Planning Board. Linda Moiron asked if the adjacent properties are 6-family units. Robert Barstow responded that the number of units in the area varies but the immediate adjacent properties are not 6-family units. He stated that he could decrease the lot area by increasing the bedroom count and decreasing the number of apartments. He could propose four 2-bedroom units instead of the original six 1-bedroom units. Sean McCarthy stated that by reducing the number of apartments from six to four, the lot area requirement would decrease by 3000 square feet (1500 sf/apt). APPROVED - Zoning Board of Appeals Meeting, November 17, 2004 4 �The Chair made a motion to open the public hearing. Mario Bellanich (153 North Washington Street) stated that he has no objections to the proposed application. Since there were no further public comments, Peter Koffler made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (4-0). Peter Koffler stated that the ability to build on this lot is limited. He stated that he would prefer four apartments instead of six. The Chair stated that the four 2-bedroom units would create more density. Linda Moiron agreed. The Chair stated that the application is not out-of-character with the neighborhood. He stated that there is still significant space in the rear of the property and that the off-street parking is a plus. Peter Koffler asked if the parking would be exclusive to this property. Robert Barstow responded yes. Peter Koffler stated that he had no issues with the application. Peter Koffler made a motion to approve a positive recommendation back to the Planning Board. James Galgano seconded. It was unanimous (4-0). 4) Minutes of the July and October 2004 meetings – The minutes for July 2004 were reviewed. James Galgano made a motion to approve the minutes as submitted. Peter Koffler seconded. It was unanimous (4-0). The minutes for October 2004 were reviewed. James Galgano made a motion to approve the minutes as amended. Linda Moiron seconded. It was unanimous (4-0). James Galgano made a motion to adjourn. Linda Moiron seconded. It was unanimous (4-0). Adjourned at 9:31 p.m. Respectfully Submitted APPROVED - Zoning Board of Appeals Meeting, November 17, 2004 5 � 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-2004 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_2004-11-17 Subject The topic of the resource Zoning Board Minutes & Resolutions-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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/2bc7900682dcd57b71d0668c19e1ddd1.pdf 1690cf1f8c85344177ae79446e7de745 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED December 15, 2004 The meeting was called to order by Robert Anello, Chairman at 8:35 pm. The Chair noted that a quorum was present. Present: Robert Anello, Chairman Eliot Martone Linda Moiron James Galgano Peter Koffler Absent : None Also Present: Rae Lee (Building Department/Village of Sleepy Hollow) Anthony DelVecchio (Recording Secretary) Agenda: 1) Angel Gonzales 2) James Ford 3) Pedro Urgilies 4) Minutes 16 Andrews Lane 132 Bedford Road 12 Clinton Street Announcements: None. 1) Angel GonzalesThis is an application for variances to convert a single-family residence to a two-family residence where the proposed conversion creates the following non-compliances: Front Yard Minimum one front yard setback = 20.0-feet Existing front yard = 6.0-feet One Side Yard Minimum one-side yard setback = 5.0-feet Existing one-side yard = 2.5-feet Also: �a) Application of Regulations – a variance is required (per the Village Zoning Code) regarding adding to and altering an existing non-conforming building and lot. The Chair asked if the returns were received. Rae Lee responded yes. The public notice was read aloud. This is a continuation of an existing application with a revised public notice. A copy of the application was provided to the Board. Jon Turnquist is the project architect. He is representing this application along with Mr. and Mrs. Angel Gonzales and Olga Marchese (niece of the applicant). Jon Turnquist showed drawings of the existing non-conforming 2-family residence. He showed the front elevation including the parking area. He also showed the floor plan of the existing apartments. He stated that the apartment has existed since the owners have lived at the property. He stated that the apartment was discovered to be illegal when a building permit was taken out to make repairs as a result of a nearby fire. The Chair asked if 2-family homes are permitted in the area. Jon Turnquist responded yes. He stated that there are many 2-family homes in the area. He also stated that the owners need the additional income. James Galgano asked how the property was listed on the tax rolls. Jon Turnquist responded that the house is listed as a one-family house. The Chair asked about the number of utility meters that currently exist. Angel Gonzalez responded that only one meter exists. The Chair asked if any supporting financial documents were available. Jon Turnquist responded no. The Chair explained the need for financial documents. He stated that the request is not out-ofcharacter with the neighborhood and it is the minimum variance that could be approved. The Chair opened the public hearing. Since there was no public comment, James Galgano made a motion to close the public hearing. Eliot Martone seconded. It was unanimous (5-0). James Galgano stated that the prime concern is parking. He stated that the parking requirements have been satisfied. He also stated that the public did not oppose the application. He stated that he has no problems with the proposed variances. APPROVED -Zoning Board of Appeals Meeting, December 15, 2004 2 �The Chair asked if lot size information for other similar sized houses could be presented to the Board. Jon Turnquist responded that the information could be provided to compare to other houses in the neighborhood. There was an open discussion on the income and expenses associated with the maintenance of the house. This item was adjourned to later in the meeting so that the tax information could be verified. 2) James Ford This is a continuation from previous meetings. James Ford is the applicant and is representing this application. James Ford stated that the fence is required to keep out deer. He stated that an as-built survey and photos were submitted to the Board. The Chair asked if the applicant received ARB approval. James Ford responded no. He stated that the ARB application would be submitted after the variances were obtained. Peter Koffler asked what would stop deer from entering thru the front of the property. James Ford responded that the front of the property has an 8-foot drop off. He stated that the front is very steep. He also stated that additional money has been spent to landscape the property. The Chair noted an undated as-built survey showing the fence. Eliot Martone asked the applicant to orientate the photos to the survey. James Ford complied with the Board’s request. Linda Moiron asked why an 8-foot fence was required. James Ford responded that traditional deer fence is 10-feet. He stated that he contractor did not know about the Village’s 5-foot fence height limitation prior to installation. The Chair opened the public hearing. Since there was no public comment, James Galgano made a motion to close the public hearing. Eliot Martone seconded. It was unanimous (5-0). Peter Koffler asked if the fence was successful so far. APPROVED -Zoning Board of Appeals Meeting, December 15, 2004 3 �James Ford responded yes. Peter Koffler made a motion to approve the application subject to the original design, size and location of the deer fence installed as reflected in the building plans (see attached). It is also subject to ARB approval. Linda Moiron seconded. It was unanimous (5-0). 3) Pedro UrgiliesThis is an application for variances to convert a single-family residence to a two-family residence where the proposed conversion creates the following non-compliances: Lot Size Minimum lot size = 4,000 sq feet Actual lot size = 2,972 sq feet Lot Width Minimum required = 40-feet Actual lot width = 25.0-feet Front Yard Minimum one front yard setback = 20.0-feet Existing front yard = 5.8-feet Side Yard Minimum side yard setback = 5.0-feet Existing side yard = 0.7-feet Combined side yards Minimum combined yards = 15.0-feet Existing combined yards = 4.1-feet Also: a) Application of Regulations – a variance is required (per the Village Zoning Code) regarding adding to and altering an existing non-conforming building and lot. b) Parking Spaces – Required – two parking spaces. Proposed – none. The Chair asked if the returns were received. Rae Lee responded yes. APPROVED -Zoning Board of Appeals Meeting, December 15, 2004 4 �The public notice was read aloud. A copy of the application dated November 29, 2004 was provided to the Board. Jeffrey Shumedja is representing this application on behalf on Pedro Urgilies. There was an open discussion on whether the time requirements have been met for the public notice. Jeffrey Shumedja responded that the application is revised based on conversation with the Board at the October 2004 meeting. The Village Code §62-44 was checked. It was determined that the 20-day notice period applies to publications and the public notice. It was determined that the applicant had met these requirements. Jeffrey Shumedja stated that the property was purchased in July 2003. He stated that the property was used for several years as a two-family residence by the previous owners. He stated that the applicant spent over $120,000 to improve the property. He spoke about the building permits that were obtained to make repairs on the two-family residence. He stated that the permits indicate that the property is a two-family residence. Lastly, he stated that upon getting a Certificate of Occupancy, it was discovered by the Village that the property is not a legal two-family residence. He stated that no changes were made to the exterior of the property. The Chair discussed parking. He stated that there is no proposal to overcome the parking requirements. Jeffrey Shumedja responded that the property has been used for 15 years without any parking difficulty. The Chair stated that the applicant does not address the need for parking in a very congested area. Jeffrey Shumedja responded that the only area that the applicant could lease a parking spot would be at the local church. He stated that the applicant has no other proposal to create parking but if he knew that the property was not a legal 2-family house, he would have ripped the house down and provided parking. Peter Koffler asked if the applicant was represented by counsel at the closing. Pedro Urgilies responded yes. He stated that all of the permits were issued by Bob Stiloski. He also stated that Bob Stiloski made numerous inspections during construction. Peter Koffler stated that the issuance of a building permit does not legalize the illegal apartment. Peter Koffler asked if the applicant knew that the property was a one-family house at the time of the closing. Pedro Urgilies and Jeffrey Shumedja responded yes. APPROVED -Zoning Board of Appeals Meeting, December 15, 2004 5 �Jeffrey Shumedja responded that the applicant applied to the Building Department for permits and tried to follow the law. The Chair stated that the problem did not start with the issuance of the building permit. The Chair stated that the problem started at the closing. Jeffrey Shumedja stated that the applicant has invested a lot of money in the property. He stated that the building footprint has not changed. The Chair stated that he is concerned with the parking issue. Jeffrey Shumedja responded that the investment would not have been made into the house. The Chair responded that the applicant knowingly purchased a one-family house. Pedro Urgilies stated that numerous improvements were added based on Bob Stiloski’s recommendations. The Chair opened the public hearing. Since there was no public comment, Eliot Martone made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (5-0). The Chair stated that the applicant needs to offer a parking arrangement. He also stated that the applicant should list the improvements exclusive to a 2-family property as well as providing renovation costs with backup documentation. Eliot Martone questioned how the property went to closing with a 2-family set-up and a 1-family Certificate of Occupancy. James Galgano stated that the tax rolls should be investigated to see if the property is listed as a 2-family house or 1-family house. Eliot Martone stated that he has a problem with the work being done and obtaining an approval afterwards. The Chair stated that this item needs to be investigated further. Peter Koffler made a motion to adjourn the application. James Galgano seconded. It was unanimous (5-0). ************************************************************************ 1) Angel Gonzales (CONTINUED)This is a continuation from earlier in the meeting, APPROVED -Zoning Board of Appeals Meeting, December 15, 2004 6 �Jon Turnquist stated that the family has the following income and expenses: Income 1) Income from Social Security +$16,000/yr Expenses 1) Taxes 2) Utilities 3) Insurance 4) Repairs Total expenses - $ 8,000/yr - $ 3,600/yr - $ 900/yr - $ 2,400/yr -$14,900/yr The Chair asked if there were any other one-family houses on the block. Jon Turnquist responded that all the houses in the area are multi-family. Peter Koffler made a motion to approve the application subject to having the backup financial expenses information submitted to the Village within 30 days. A building permit can be issued once the financial documents are submitted. Eliot Martone seconded. It was unanimous (5-0). 4) Minutes – The minutes for November 2004 were reviewed. Eliot Martone made a motion to approve the minutes as submitted. Linda Moiron seconded. It was unanimous (5-0). Eliot Martone made a motion to adjourn. Linda Moiron seconded. It was unanimous (5-0). Adjourned at 9:57 p.m. APPROVED -Zoning Board of Appeals Meeting, December 15, 2004 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-2004 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_2004-12-15 Subject The topic of the resource Zoning Board Minutes & Resolutions-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 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