1 25 9 https://sleepyhollow.localarchives.org/files/original/11473a66c4f768d81546b3f2b06d7210.pdf 5530b4a287dfd987d75becbaa7609d39 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED January 17, 2007 The meeting was called to order by Eliot Martone, Acting Chairman at 8:08 pm. The Chair noted that a quorum was not present. Present: Eliot Martone, Acting Chairman Linda Moiron Diane Martello Absent : Peter Koffler Gordon Swartz Robert Anello, Chairman Timothy Judge Also Present: Sean McCarthy (Village Architect/Village of Sleepy Hollow) Anthony DelVecchio (Recording Secretary) Agenda: 1) Zoppo 278 Harwood Avenue 2) Piscopiello 69 College Avenue 3) Guzman 9 Francis Street 4) Approval of minutes from November 2006 Alteration & addition Addition Alteration & addition Announcements: The Chair stated that due to a lack of a quorum, the meeting will be cancelled this evening. He stated that the next meeting will be held on Monday Feb 26, 2007. � 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-2007 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_2007-01-17 Subject The topic of the resource Zoning Board Minutes & Resolutions-2007 Date A point or period of time associated with an event in the lifecycle of the resource 2007 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/20c54237bf91730c755f6080a33a6ab1.pdf a05bcacc3a80aca81a7ace7002c2fa35 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED February 26, 2007 The meeting was called to order by Robert Anello, Chairman at 8:04 pm. The Chair noted that a quorum was present. Present: Robert Anello, Chairman Gordon Swartz Eliot Martone Linda Moiron Diane Martello Timothy Judge Peter Koffler Absent : None Also Present: Sean McCarthy (Village Architect/Village of Sleepy Hollow) Anthony DelVecchio (Recording Secretary) Agenda: 1) Piscopiello 69 College Ave 2) Guzman 9 Francis Street 3) Nextel Elm Street 4) Approval of minutes from November 15, 2006 5) Other Addition Alteration & Addition Wireless Communication Facility Announcements: The Chair noted that the Yozzo application would not be on the agenda this evening. The Chair noted that there are two new Board members. He swore in Timothy Judge. The Chair noted Jim Galgano’s dedication and service to the Board and to the Village. There was a moment of silence. 1) Piscopiello (69 College Ave – Addition)– This is an application for area variances to construct a one story addition to the rear of an existing three-family residence where the proposal requires the following variances: Front yard set back Existing = 19.95 ft. Required = 20.0 ft. �Accessory building coverage Existing = 88% (1.108 s.f.) Maximum permitted = 30% (375 s.f.) Distance of accessory building to rear lot line Existing = 0.0 ft. Required = 3.0 ft. Distance of accessory building to side lot line Existing = 0.0 ft. Required = 3.0 ft. Lot Coverage Existing = 40.8% Maximum = 35% Lot Coverage Existing lot coverage = 2,554 sq. ft. (40.8%) Proposed lot coverage = 2,609 sq. ft. (41.7%) Maximum permitted coverage = 2,188 sq. ft. (35.0%) The public notice was read aloud. The Chair asked if the returns were received. Sean McCarthy responded yes. The Chair noted that the Board had received the following: 1) Application 2) Zoning compliance form 3) Letter to Sam Vieira denying the building permit. 4) Letter to ZBA addressing the needs for a variance. 5) Building plans dated 9-18-06 Sam Vieira is the project architect and is representing this application of behalf of the owners. Sam Vieira stated that the owners want to create a bathroom near the bedroom to assist the owner’s needs. The Chair asked if there are any rear neighbors. Sam Vieira responded that he is the rear neighbor and he has no objections to the proposed work. He stated that this proposal would have the least impact on the neighborhood. He stated that the lot coverage would have less than a 1% increase. The Chair asked if there was any other way to accomplish the proposed need. APPROVED - Zoning Board of Appeals Meeting, February 26, 2007 2 �Sam Vieira responded that adding the bathroom would take away from some of the living space. Gordon Swartz asked if there is another bathroom in the apartment. Sam Vieira responded that there is another bathroom on the lower level. He stated that the owners need a bathroom closer to the master bedroom. The Chair asked if the property currently has a parking variance. Sam Vieira responded yes. Sean McCarthy asked how the apartments are split up since it is a 3-family house. Sam Vieira responded that there is a rear basement tenant and another tenant on the first floor apartment. Sean McCarthy asked about the number of bedrooms. Sam Vieira responded that the owners have 2-bedrooms. The Chair opened the public hearing. Since there were no public comments, Eliot Martone made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (7-0). The Chair stated that this application is the minimal variance that can be granted. He also stated that this would not be out-of-character with the neighborhood. Linda Moiron made a motion to approve the application as submitted. Gordon Swartz seconded. It was unanimous (7-0). 2) Guzman (9 Francis St. Alteration & Addition) This is an application for area variances to add to and alter an existing single-family residence where the following variances are required: Lot Area Existing lot area = 2,087sf Minimum lot area = 4000sf Lot Width Existing lot width = 25.0-ft Minimum lot width = 40=ft One Side Yard Existing one side yard = 0.6-ft Minimum one side yard = 5.0-ft APPROVED - Zoning Board of Appeals Meeting, February 26, 2007 3 �Combined yards Existing combined yards = 3.4-ft. Minimum combined yards = 15.0-ft Front Yard Existing front yard = 6.3 ft Minimum front yard = 20.0-ft Building Coverage Existing building coverage is 700 sq. ft. (33.5%) Maximum building coverage is 750 sq. ft. (35%) Proposed building coverage is 1,127 sq. ft. (54.0 %) Floor Area Regulations Existing floor area ratio = 1,043 sq. ft. (.50) Maximum permitted floor area ratio = 1,294 sq. ft. (.62) Proposed floor area ratio = 1,544 sq. ft. (.74) Supplementary Regulations. 1 parking space is required. No parking spaces exist. No parking spaces are proposed. The public notice was read aloud. The Chair noted that the Board had received the following: 1) Application 2) Zoning compliance form not fully filled out 3) Survey dated Oct 20, 1999 4) Building plans dated June 1, 2006 Taylor Guzman is the owner and is representing this application. The Chair asked if the returns were received. Sean McCarthy responded yes. Taylor Guzman stated that he wants to extend the bathroom on the second floor and extend the kitchen and dining room. He stated that he has 4 kids and needs the additional room. The Chair asked about the size of the addition. Taylor Guzman responded that the extension is 10-feet. The Chair noted some difficulties reading the zoning compliance form. APPROVED - Zoning Board of Appeals Meeting, February 26, 2007 4 �There was an open discussion on the required variances. It was agreed that the proposed deck counts towards the setback variance but not towards the lot coverage. The Chair asked the applicant why the variances are needed. Taylor Guzman responded that 6 people are using one bathroom. He stated that the additional bathroom is a necessity. The Chair asked about the need for the deck. Taylor Guzman responded that the deck would be a nice addition but it is not necessary. The Chair asked about the size of his house relative to the neighborhood. Taylor Guzman responded that his house is relatively small to other house in the neighborhood. Taylor Guzman stated that the addition is a 2-story addition. He stated that he wants to extend the kitchen and dining room on the first floor and add a bathroom and closets on the second floor. He stated that only one bedroom currently has a closet. The Chair asked about the size of the house. Taylor Guzman responded about 1000sf. Sean McCarthy responded that the proposed addition would make the house 1500sf. There was an open discussion on the existing layout of the house. The Chair opened the public hearing. Since there were no public comments, Eliot Martone made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (7-0). Eliot Martone stated that the submitted plans are insufficient to properly demonstrate the proposed work. Peter Koffler stated that the applicant should return with reasons why the variance should be granted. The Chair stated that the applicant needs to address the reasons for granting the variance as described in the statute. Timothy Judge stated that the provided information is incomplete. Gordon Swartz stated that the applicant should provide photos of the current house to show the existing conditions. APPROVED - Zoning Board of Appeals Meeting, February 26, 2007 5 �Taylor Guzman requested an adjournment to the next meeting so that the additional information can be provided. The Board unanimously agreed that this application be adjourned to the next meeting. 3) Nextel (Elm Street – Wireless Comunication facility)– The public notice was read aloud. The Chair asked if the returns were received. Sean McCarthy responded yes. The Chair stated that the Board has received the following: 1) 2) 3) 4) 5) 6) Application 1-22-2007 Zoning compliance form Resolution authorizing the mayor to enter into a lease Building plans Memorandum with attachments A letter dated 2-12-07 from local residents (totaling 95 signatures) opposing the tower. Cara Bonomolo is the attorney representing this application. Cara Bonomolo stated that this site is an alternative to the original location on top of Village Hall. She stated that the Planning Board suggested that the applicant follow the locations described in the Wireless GEIS. She stated that this facility would provide coverage is a needed area of coverage in the Village. The Chair asked if a balloon test had been performed. Cara Bonomolo responded that a balloon test had not been performed. The Chair asked if the Waterfront Advisory Committee had reviewed this application. Cara Bonomolo responded that the Waterfront Advisory Committee had found the application consistent with the LWRP. Peter Koffler asked if the additional 10-feet will provide service that the allowed 82-feet would not provide. Cara Bolomolo responded that the proposed facility is a flagpole. She stated that the antennas are stacked on top of each other. She stated that the additional height is needed to accommodate the flag. She showed a rendering of the flagpole at a height of 80-feet. The rendering was prepared by the Village in the GEIS. Peter Koffler stated that the applicant is using the public utility standards to request the variance. Cara Bonomolo responded that NY case law is consistent that cellular providers are treated as APPROVED - Zoning Board of Appeals Meeting, February 26, 2007 6 �public utilities and the zoning variances required should be weighed against the need of the community. Gordon Swartz stated that the flagpole would be seen from the lighthouse. He stated that this flagpole would be visible from many areas of the Village. Cara Bonomolo stated that the Village considered aesthetics in the preparation of the GEIS. The Chair stated that Barnhardt Park is already elevated about the waterfront. The Chair asked about other options besides a flagpole. Cara Bonomolo responded that there are no other structures available. Timothy Judge stated that the coverage map show coverage into Rockefeller State Park. He questioned the need to have coverage in the park. Cara Bonomolo provided a copy of a supplemental affidavit that was prepared to answer questions from the Planning Board. She referred to coverage maps of the area with differing tower elevations. She referred to exhibit E which showed the coverage for an 80-foot pole. She stated that lowering the height would reduce the ability of co-locating another carrier at this location. Eliot Martone asked if another carrier has approached Nextel about occupying this site. Cara Bonomolo responded no. Gordon Swartz asked about the previous locations studied. Cara Bonomolo responded that 95 Beekman Avenue was presented but the Planning Board directed the applicant to follow the guidelines in the GEIS. She stated that the ambulance building was also evaluated. She stated that Barnhardt Park was the preferred location of the Village. Gordon Swartz stated that there is a financial benefit to the Village by locating it on Village property. He stated that according to the documents, the location would bring in $30,000/yr to the Village. The Chair asked when a balloon test could be performed. Cara Bonomolo responded that a balloon test could be scheduled. The Chair questioned how the Waterfront Advisory Committee made a determination of being consistent with the LWRP without a balloon test. The Chair asked if the Village has an engineer to review the documents particularity the height. Cara Bonomolo responded that the Village RF consultant (Mike Musso from HDR-LMS) has reviewed the documents. The Chair responded that the Board would like access to the engineer in order to review the reports. APPROVED - Zoning Board of Appeals Meeting, February 26, 2007 7 �Timothy Judge asked about the reasons why Nextel needs to provide coverage in this area. Cara Bonomolo responded that the Nextel facility to the South has exceeded its capacity. She stated that as a result, the signal coverage in this area is not reliable. She stated that this proposed facility would provide additional capacity to that facility. The Chair opened the public hearing. Since there were no public comments, Eliot Martone made a motion to close the public hearing. Gordon Swartz seconded. It was unanimous (7-0). Eliot Martone asked if the residents have been properly noticed. Sean McCarthy that the Village places the public notice is put in the newspaper. He stated that 14 residents have been individually noticed. The Chair stated that the broadest notice possible should be used. He stated that the potential impacts to the Village could be great. Cara Bonomolo responded that the applicant is willing to perform the balloon test. She also stated that the petition submitted shows that the residents are aware of the application. Diane Martello stated that she lives near the proposed facility and she did not know about this application. Linda Moiron responded that she lives 1 ½ blocks away and she did not know about the application. Cara Bonomolo stated that Nextel should not be held to a different standard than other applicants that appear before this Board. She stated that the applicant would be willing to provide notice of 400-feet as required by the Planning Board. The Chair stated that past notices were insufficient. He stated that with all of the time being spent on the GM property, the Village residents might be very upset with the erection of this very visible structure. He stated that the applicant should provide a proposal as to how the public would be adequately noticed. Cara Bonomolo stated that the required variances are created based on the size of the property. She requested that the Planning Board should be informed that this test will be performed since the Planning Board will be issuing the special use permit. The Chair asked for the Village Attorney to address if this applicant should be treated as a public utility and be held under a different standard than a regular applicant. The Chair asked about the available notice provisions. Cara Bonomolo asked if the balloon test and public notices can be addressed through the Building Department or does the applicant need to return to the next meeting. APPROVED - Zoning Board of Appeals Meeting, February 26, 2007 8 �The Chair stated that if the applicant could accomplish scheduling the balloon test and provide a sufficient notice plan to the Village, then the test can proceed. He stated that the notice should state the date of the balloon test and the date of the Board’s next meeting. Cara Bonomolo responded that she will coordinate the date of the balloon test with Sean McCarthy. She stated that the balloon test would be held for 8-hours. She stated that photos would be taken from several different areas of the Village. The Board provided some guidance regarding the photos. The Board asked about the proposed height at St. Theresa’s church and 95 Beekman Ave. Cara Bonomolo responded that she would provide this information. Linda Moiron made a motion to adjourn this application to the next meeting. Eliot Martone seconded. It was unanimous (7-0). 4) Approval of minutes from November 15, 2006 The November 2006 minutes were reviewed. Eliot Martone made a motion to approve the minutes as amended. Linda Moiron seconded. It was unanimous (7-0). 5) Other Sean McCarthy provided an update on the parking on the Thai restaurant. He stated that the owner has corrected the outstanding issues. He stated that the property is now in compliance. Sean McCarthy provided an update on the Citgo station compliance. He stated that there were conditions that were not met. He stated that some of the work started and was not completed. He stated that the approvals have expired and the applicant needs to start all over again. The Chair stated that the food businesses are operating in violation of Village law. The Chair asked all of the members provide a phone number and e-mail address so that members can communicate. The Chair asked about the Samaras application. Sean McCarthy responded that the application has been withdrawn. APPROVED - Zoning Board of Appeals Meeting, February 26, 2007 9 �The Chair asked about the Castro application. Sean McCarthy responded that the traffic study should be completed soon. Linda Moiron asked about the 4-hour training requirement. Sean McCarthy responded that the Village is trying to arrange some training at Village Hall. Adjourned 10:02pm. APPROVED - Zoning Board of Appeals Meeting, February 26, 2007 10 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2007 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_2007-02-26 Subject The topic of the resource Zoning Board Minutes & Resolutions-2007 Date A point or period of time associated with an event in the lifecycle of the resource 2007 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/101eb9754e5090bf569ff101988b03aa.pdf 8c54dada6c268e19a1ceb36e0f783de7 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED March 21, 2007 The meeting was called to order by Robert Anello, Chairman at 8:04 pm. The Chair noted that a quorum was present. Present: Robert Anello, Chairman Gordon Swartz Diane Martello Linda Moiron Timothy Judge Absent : Eliot Martone Peter Koffler Also Present: Sean McCarthy (Village Architect/Village of Sleepy Hollow) Anthony DelVecchio (Recording Secretary) Agenda: 1) Approval of minutes from the February 2007 meeting 2) Nextel Elm Street 3) Taylor Guzman 9 Francis Street 4) Gian Zoppo 278 Harwood Avenue 5) Joan Waters & Pasquale Cusanelli 203 Webber Avenue 6) Sujata Vidyasagar 26 Merlin Avenue Wireless Comms Facility Alteration & Addition Alteration & addition Alteration & addition Enclose patio Announcements: None. 1) Minutes from the February 2007 meeting The minutes from the February 2007 meeting were reviewed. Linda Moiron made a motion to approve the minutes as submitted. Gordon Swartz seconded. It was unanimous (5-0). 2) Nextel (Elm Street - Wireless Comms Facility )The Chair stated that the Nextel application has been adjourned to the next meeting. He asked what Nextel was doing regarding the balloon test. Sean McCarthy responded that the applicant has noticed many of the immediate property notices as well as both Manor Associations, Village Hall and the library. The Board unanimously agreed that this application would be adjourned to the next meeting. �3) Guzman (9 Francis St. Alteration & Addition) This is a continuation from the last meeting. John Hughes is representing this application along with project architect, Robert Barstow. The Chair stated that the Board had received revised plans (drawings A1, A2, A3) dated March 5, 2007. He summarized the events from the last meeting. John Hughes stated that the lot is non-conforming. He stated that variances for building coverage and FAR are the only variances that are being increased. He stated that the other two required variances are beyond the applicants control since the lot is an existing non-conforming lot. He stated that there should be no harm to the community based on a 10-foot addition to the existing structure. He stated that the requested variances are also not significant. The Chair asked the applicant to describe the changes to the plans. Robert Barstow stated that the as-built floor plans are shown on drawing A-3. He spoke about the existing layout of the proposed structure. He stated that drawing A-2 shows the first floor extension to the rear with the revised deck. He stated that the revised deck will eliminate the need for the rear yard variance. He stated that drawing A-1 shows the revisions to the second floor. He stated that number of bedrooms is not increasing but a bathroom is being added on the second floor. Sean McCarthy stated that the second floor addition is a 13-foot increase as compared to the 10foot increase on the first floor. The Chair asked if the submitted zoning table is correct. Sean McCarthy responded that the lot coverage is shown as 44% and the Village has calculated it to be 54%. The Chair asked if the existing lot coverage is correct. Sean McCarthy responded that the existing lot coverage is correct at 33%. There was an open discussion on the accuracy of the proposed lot coverage. The Chair opened the public hearing. Since there were no public comments, Gordon Swartz made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (5-0). The Chair asked if the Board had any questions. Gordon Swartz stated that the houses in this neighborhood are very close together. Robert Barstow submitted photos to the Board of other houses in the neighborhood. APPROVED - Zoning Board of Appeals Meeting, March 21, 2007 2 �The Chair stated that the proposed changes would not be out of character with the neighborhood. Sean McCarthy stated that the proposed lot coverage should be 46%. Gordon Swartz asked if the houses in the area are one-family. John Hughes responded that the houses in the area are one and two-family homes. Gordon Swartz stated that the applicant is not providing the required parking. He stated that increasing the dwelling size would increase the parking impacts in the area. The Chair stated that the new variances sought are the minimum variances sought that would make the structure a proper living area. He stated that the proposed changes would not adversely impact the neighborhood. Timothy Judge made a motion to approve the application as submitted. Diane Martello seconded. It was unanimous (5-0). 3) Gian Zoppo (278 Harwood Avenue - Alteration & addition)This is a request for an area variance to add to and alter an existing one-family residence where the proposal requires the following variances: Lot Width Existing lot width = 73.0 ft. Required lot width = 75.0 ft. Combined Side Yards Existing combined side yards = 23.9 ft. Minimum combined side yards = 25.0 ft. Proposed combined yard set back = 14.0 ft. Building Coverage Existing building coverage = 1,334 sq. ft. (12%) Maximum permitted coverage = 2,190 sq. ft. (20%) Proposed building coverage = 2,594 sq. ft. (24%) One Side Yard Existing one yard set back = 10.6 ft. Minimum required one yard set back = 10.0 ft. Proposed one yard set back = 4.0 ft. The Chair asked if the returns were received. Sean McCarthy responded yes. APPROVED - Zoning Board of Appeals Meeting, March 21, 2007 3 �The public notice was read aloud. Lorie Dexten is an attorney representing this application along with project architect, Joanne Tall and owner Gian Zoppo. Lorie Dexten stated that the plans have been revised to request fewer variances. She stated that the lot coverage variance has been reduced from 24% to 22% where 20% is required. She stated that the side yard variances are still required. She stated that the garage would be converted into a heated living space. She stated that the parking would be moved forward and provided under the existing driveway. She stated that the house is a pre-existing non-conforming structure as it relates to the lot width. The Chair asked how much of the proposal would need to be removed to make the property conforming. Lorie Dexten responded that the proposed lot coverage exceeds the zoning code by 238sf which is the equivalent of a 15’x15’ room. The Chair asked why the applicant needs a variance. Lorie Dexten responded that the existing rooms in the house are small. She stated that walls would be removed to combine living space. She stated that they are also adding a home office. Gian Zoppo stated that the main need is to reconfigure the current steepness of the driveway. He stated that this plan would create a more level driveway. He stated that the need is for a safer environment. The Chair asked why the proposed dwelling structure of 2,408sf is needed when only 2,100sf is allowed under the zoning code. Lorie Dexten responded that the neighbors have expressed concerns with the proposed bulk of the structure if the applicant was increasing the height of the existing house. She stated that the extension outward would address the neighbors concerns of increasing the bulk of the house. Joanne Tall stated that the new space is 892sf. She stated that the existing structure is 1088sf. She stated that the garage will be utilized to add the required additional space that the owners needed as well as correcting the driveway safety issues. The Chair stated that the Board has received the following: 1) Application dated March 8, 2007 2) Photos 3) Letter from Lorie Dexten 4) Building plans dated March 8, 2007 The Chair asked if the Board has any questions. There were none. The Chair opened the public hearing. APPROVED - Zoning Board of Appeals Meeting, March 21, 2007 4 �Chris Cummings (537 Bellwood Ave) stated that he was concerned with the new construction and the proposed sightline of the neighborhood. The Chair asked Chris Cummings to clarify the effected sightline since there is no front yard setback variance sought. Chris Cummings referred to his past application that focused around neighboring sightlines. The Chair asked about the existing front yard setbacks. Lorie Dexten responded that the existing structure is 60-feet from the rear yards and the garage is 51-feet from the front yard. She also stated that the proposed addition would still be in compliance with the front yard setback requirements. Karen Wompa (539 Riverside Drive) asked about the side yard setback. Lorie Dexten stated that the plans have been revised to reduce the setback. Karen Wompa stated that the applicant has a responsibility to stay within the required variances unless a special need exists. John Bogus (266 Harwood Ave) stated that he is concerned with his privacy. He asked if any engineering studies have been performed in the area of the proposed driveway. He stated that another neighbor is performing construction work on their property and as a result of the soil conditions, his garage is cracking. The Chair asked if any soil reports on the property have been done. Lorie Dexten responded no. Tim Murphy (131 Farrington Avenue) asked for clarification on the requested variances. Lorie Dexten described the proposed variances. Eric Blaha (representing John and Mary Ellen Joy – 533 Riverside Drive) stated that this application impacts the neighbors. He stated that the new construction on the east side will extend the impact to the side neighbor. He stated that the additional space could be placed on the rear of the property. He stated that there are reasonable alternatives to satisfy the applicant’s needs. He stated that the additional car should be placed inside of the garage. Gian Zoppo responded that the tandem parking set-up is difficult. Eric Blaha responded that the applicant bought the house in this condition. He stated that tandem parking exists in many homes in the neighborhood. He also stated that the applicant should provide additional information on the topography of the site to address why the sloped property needs to be changed. He stated that the living space would be doubled and that the applicant has not shown any reason why this variance is needed. He stated that the impacts to the neighborhood are great. Lastly, he stated that the revised application is substantially different than from what was noticed. The Chair stated that the public notice includes the side yard. There was an open discussion on the accuracy of the public notice. APPROVED - Zoning Board of Appeals Meeting, March 21, 2007 5 �It was determined that the public notice was issued in January but the applicant was not required to re-notice since the requested variances were less than what was originally proposed. Since there was no further public comment, Linda Moiron made a motion to close the public hearing. Gordon Swartz seconded. It was unanimous (5-0). The Chair stated that additional information needs to be provided on the site topography. He stated that more information should also be provided to address why the applicant will not build upwards. He stated that there are concerns that the applicant might have excavation issues with the driveway. He stated that the applicant should present some feasible alternatives to address some of the public’s concerns. Lorie Dexten responded that the applicant has evaluated numerous alternatives. Timothy Judge stated that the site topography should be provided. There was an open discussion on how the drawings were prepared without the topographical information. The applicant stated that the proposed garage was estimated based on existing site conditions. Gian Zoppo stated that the cost issues raised were resulted from the combination of adding an additional story and locating the proposed driveway that made the project cost prohibitive. Lorie Dexten stated that the application was not re-noticed since the variances were not larger than what was originally proposed. She stated that the requested information will be provided. The Chair stated that the applicant should investigate building upward to eliminate the lot coverage variance. The Board unanimously agreed to adjourn this to the next meeting. This was adjourned to the next meeting. 4) Joan Waters and Pasquale Cusanelli (203 Webber Avenue -Alteration & addition) This is a request for area variances to add to and alter an existing single-family residence where the following variances are required: One Side Yard Existing one side yard = 3.7 ft. Minimum side yard = 5.0 ft. Combined Side Yards Existing combined yards = 11.5 ft. Minimum side yard = 15.0 ft APPROVED - Zoning Board of Appeals Meeting, March 21, 2007 6 �The public notice was read aloud. The Chair asked if the returns were received. Sean McCarthy responded yes. Dorota Szwem is the project architect and is representing this application. The Chair stated that the Board had received the following: 1) application 2) zoning information sheet 3) plans dated January 23, 2007 Dorota Szwem stated that the structure is an existing non-conforming structure. She stated that building away from the existing variances would make the structure look awkward. She stated that the new sun room would be built inward and away from the side yard. Gordon Swartz asked about the neighboring structures. Dorota Szwem responded that the second story addition would put the new height above the neighboring structure. She stated that the proposed windows are placed to maintain privacy between the neighbors. She stated that efforts have been made to minimize the bulk. The Chair stated that the applicant would require a variance no matter how the addition was proposed. Sean McCarthy stated that the new sunroom still needs a variance since it would not comply with the side yard setback. Dorota Szwem described the location of the sun room. The Chair opened the public hearing. Margaret Fox (213 Webber Avenue) stated that she does not have any problems with the proposed application. David Starkey (199 Webber Avenue) stated that he does not have any problems with the proposed application. Since there were no further public comments, Gordon Swartz made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (5-0). The Chair stated that the proposed changes are not out of character with the neighborhood. He stated that there is not a self-created hardship and that this is the minimum variance that can be approved that can achieve the owner’s needs. Linda Moiron made a motion to approve the application as submitted. Gordon Swartz seconded. It was unanimous (5-0). APPROVED - Zoning Board of Appeals Meeting, March 21, 2007 7 �5) Sujata Vidyasagar (26 Merlin Avenue - Enclose patio)This is a request for an area variance to enclose a flagstone patio on a single-family residence where the following variances are required: Front Yard Setback Existing front yard set back = 23.0 ft. Minimum front yard setback = 30.0 ft. Accessory Building Coverage Existing accessory building coverage = 36% Maximum accessory building coverage = 30% 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 dated January 25, 2007 2) Short EAF 3) Survey dated May 10, 2004 Sujata Vidyasagar is the owner and is representing this application. Sean McCarthy stated that the existing principle building currently exceeds the front yard setback requirement. He also stated that the garage and existing tool shed bring the accessory structure over the allowed accessory structure. Sujata Vidyasagar stated that the front porch will be enclosed and converted into a sun room. Timothy Judge stated that the porch would not be extended but merely enclosed. Sujata Vidyasagar responded yes. The Chair stated that the applicant’s neighbor was granted a variance for an accessory coverage when they installed a pool. Timothy Judge asked the applicant if she spoke to her neighbors about the proposed work. Sujata Vidyasagar responded yes. The Chair asked if the Board had any questions. There were none. The Chair opened the public hearing. APPROVED - Zoning Board of Appeals Meeting, March 21, 2007 8 �Since there were no public comments, Gordon Swartz made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (5-0). The Chair stated that the proposed changes are not out of character with the neighborhood. He stated that there is not a self-created hardship and that this is the minimum variance that can be approved that would meet the needs of the applicant. Timothy Judge made a motion to approve the application as submitted. Linda Moiron seconded. It was unanimous (5-0). Adjourned 10:20pm. APPROVED - Zoning Board of Appeals Meeting, March 21, 2007 9 � 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-2007 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_2007-03-21 Subject The topic of the resource Zoning Board Minutes & Resolutions-2007 Date A point or period of time associated with an event in the lifecycle of the resource 2007 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/dc23c4b0c1594ed44f8bf3cfedb84f6a.pdf 01fdd276ae549e0e6618282bf90b3ec9 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED May 16, 2007 The meeting was called to order by Robert Anello, Chairman at 8:13 pm. The Chair noted that a quorum was present. Present: Robert Anello, Chairman Eliot Martone Peter Koffler Diane Martello Linda Moiron Timothy Judge Gordon Swartz Absent : None Also Present: Sean McCarthy (Village Architect/Village of Sleepy Hollow) Anthony DelVecchio (Recording Secretary) Agenda: 1) Gian Zoppo 278 Harwood Avenue 2) Elizabeth Goyzuetta 273 North Washington Street 3) Anthony DeFelippis 18 Fremont Road 4) Approval of minutes from March 2007 Alteration & Addition Garage Replacement Family room addition Announcements: None. 1) Gian Zoppo 278 Harwood Avenue Alteration & Addition- This is a continuation from previous meetings. Gian Zoppo requesting variances from the Village Zoning Code, Chapter 62, to add to and alter an existing one-family residence where the proposal requires the following variances: Lot Width Existing lot width = 73.0 ft. Required lot width = 75.0 ft. Combined Side Yards Existing combined side yards = 23.9 ft. �Minimum combined side yards = 25.0 ft. Proposed combined yard set back = 14.0 ft. Building Coverage Existing building coverage = 1,334 sq. ft. (12%) Maximum permitted coverage = 2,190 sq. ft. (20%) Proposed building coverage = 2,594 sq. ft. (24%) One Side Yard Existing one yard set back = 10.6 ft. Minimum required one yard set back = 10.0 ft. Proposed one yard set back = 4.0 ft. Linda Whitehead is an attorney representing this application along with project architect, Joanne Tall. The Chair asked if any additional information had been received. Linda Whitehead responded that a substantial submission has been given to the Board in support of the application. The Chair read a letter from John Bogus. The letter supported the revised application. Linda Whitehead spoke about the changes to the application. She stated that the house is a preexisting non-conforming use. She stated that there are two variances required. She stated that a variance is needed for the lot coverage and the side yards. She spoke about the alternative plans that were explored. Linda Whitehead stated that the applicant can add a 2nd floor to accommodate their space needs but adding a 2nd floor would negatively impact the neighborhood. She stated that the applicant has worked with the neighbors to address many of their concerns. She stated that the proposed driveway and garage set-up is identical to two of the adjacent neighbors. The Chair stated that since there are some existing non-conformities, a variance is still required to perform any of the proposed work. Linda Whitehead responded that the non-conformity is not increasing. The Chair summarized the proposed variances needed. Linda Whitehead noted that the increase in lot coverage includes two covered porches that are not living space. The Chair asked if the Board has any questions. APPROVED - Zoning Board of Appeals Meeting, May 16, 2007 2 �Gordon Swartz asked about some of the alternatives proposed. He specifically asked about reconfiguring the interior space to meet the needs of the applicant. Joanne Tall responded that relocating the interior space would be an economic hardship for the applicant. Linda Whitehead added that adding a 2nd-floor addition would negatively impact the neighborhood. Since there were no further questions from the Board, the Chair opened the public hearing. Jim Nazemetz (134 Hunter Ave) stated that based on the scale and size of the lot, he does not see any problems with the application. Eric Blaha is an attorney representing John and Mary Ellen Joy (533 Riverside Drive). He stated that he did not receive a revised copy of plans. There was an open discussion on the revised submission. The applicant stated that the drawings have not changed since the last meeting. Eric Blaha stated that his client has concerns about the proposed construction. He asked about the proposed excavations methods. Sean McCarthy responded that if the applicant encounters rock, there are a few methods that the applicant can use to remove it. He stated that the methods are enforced by the Building Department. Peter Koffler responded that if the work is approved, the actual methods for completing the work fall under the Building Department and not the Zoning Board. Eric Blaha responded that the work can be part of the Board’s decision since it is stated in the statute. Eric Blaha also stated that he is concerned with site drainage. Sean McCarthy responded that the applicant must provide a storm water management plan that will handle all of the site storm water with zero runoff. Eric Blaha stated that this is a self-created hardship. He stated that the house was purchased as a small house. He stated that the increase is substantial. Since there was no further public comment, Eliot Martone made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (7-0). The Chair stated that the excavation issue is relevant. He asked the applicant to explain how the excavation would be accomplished. Joanne Tall responded that the applicant does not intend to use explosives to remove the rock. She reviewed the proposed methods to remove any rock. APPROVED - Zoning Board of Appeals Meeting, May 16, 2007 3 �There was an open discussion on the additional costs that might be incurred with the rock removal. Gordon Swartz asked about the self-created hardship. Linda Whitehead responded that the size and shape of the lot were not created by the applicant. Gordon Swartz asked the applicant to respond to Eric Blaha’s questions. Linda Whitehead responded that the lot coverage increase is based on the existing size of the house. She stated that the applicant is adding 800sf of living space to the existing house. She presented an aerial view of the neighborhood to show the size of the applicant’s house in relation to the rest of the neighborhood. The Chair asked if the covered areas are included in the lot coverage. Sean McCarthy responded that any covered area is included in the lot coverage calculation. He stated that it is not included in the FAR calculations. Gordon Swartz asked if the applicant would be willing to agree to an approval with the conditions raised by the public this evening. The Chair stated that this is a self-created hardship. He stated that the proposed application is not out-of-character with the neighborhood. He also stated that there is no adverse environmental or safety condition. He stated that the proposed construction can be an issue but will be handled by the Building Department. He also stated that the applicant can reduce the variances by reducing the size of the covered porches. He stated that a 2nd-floor addition would more negatively impact the neighborhood. Lastly, he stated that conditions can be placed on the approval. Peter Koffler made a motion to approve the application with the condition that the applicant complies with all applicable laws. This would include complying with all Building Codes regarding storm water runoff as well as all Building Codes regarding excavation particularly rock excavation. A work plan should be prepared and submitted to the Village prior to any excavation. The plan is to be approved by the Building Department. Timothy Judge stated that the applicant should perform some exploratory work to determine how much rock will be removed prior to beginning excavation. Sean McCarthy stated that prior to starting any construction, the applicant will be required to indicate how much rock will be removed. Grodon Swartz amended Peter Koffler’s motion to approve the application with the added condition that the applicant complies with all applicable laws as well as seismic monitoring for rock excavation. Linda Moiron seconded. It was unanimous (7-0). 2) Elizabeth Goyzuetta 273 North Washington Street Garage Replacement - APPROVED - Zoning Board of Appeals Meeting, May 16, 2007 4 �This is a request for an area variance from the Village Zoning Code to replace an existing detached garage with a new single car garage with a storage area, where the following variance is required: Front Yard Setback Existing front yard set back = 19.4 ft. Minimum front yard set back = 20.0 ft. The public notice was read aloud. The Chair asked if the proof of mailings had been received. Sean McCarthy responded yes. The Chair stated that the Board had received the following: 1) Application 2) Set of building plans dated March 20, 2007 John Turnquist is the project architect and is representing this application. Jon Turnquist summarized the proposed changes. He stated that the garage is being replaced so that the applicant can better utilize the space. He stated that the variance required is for a preexisting non-conformity. He presented an aerial photo of the existing garage and its relation to the adjacent properties. The Chair asked if there were any questions from the Board. There were none. The Chair opened the public hearing. Paz Spagnoli is representing his father who is an adjacent property owner. He stated that the existing shed ends where his property begins. He stated that the proposed garage replacement would impact the front of his property. He also stated the increased garage height would encroach on the windows for the 1st floor apartment. The Chair asked how close to the property line can the applicant build. Sean McCarthy responded that the structure can be no less than 3-feet but no more than 5-feet away. The Chair asked if the applicant would move the proposed garage over 1-foot from its proposed 4-foot buffer to create a 5-foot buffer. There was an open discussion on moving the garage further away from the property line. APPROVED - Zoning Board of Appeals Meeting, May 16, 2007 5 �Linda Moiron made a motion to close the public hearing. Eliot Martone seconded. It was unanimous (6-0). (Diane Martello abstained). The Chair stated that this is not a self-created hardship. He stated that this is the minimal variance that can be approved to meet the needs of the applicant. He also stated that this is not out-of-character with the neighborhood. Peter Koffler made a motion to approve the application as submitted with the condition that the garage is moved over 1-foot to the side yard for a total of 3-feet from the side yard and the length of the garage will be reduced from 25-feet exterior to 22-feet interior. Eliot Martone seconded. It was unanimous (6-0) (Martello abstained). 3) Anthony DeFelippis 18 Fremont Road Family room addition - This is a request for an area variance from the Village Zoning Code to construct a family room addition to a single-family residence where the following variance is required: Front Yard Width Existing front yard width = 90.0 ft. Minimum front yard width = 100.0 ft. The public notice was read aloud. The Chair asked if the proof of mailings had been received. Sean McCarthy responded yes. The Chair stated that the Board had received the following: 1) Application 2) Short EAF 3) Survey 4) Building plans Greg Beyl is the contractor and is representing the owner for this application. Greg Beyl stated that this application is a pre-existing non-conforming use. He stated that the owner wants to add a family room to accommodate their children. He stated that based on the interior layout of the structure, this is the only option that is feasible. The Chair stated that this is a self-created hardship. He stated that the proposed application is not out-of-character with the neighborhood. He also stated that there is no adverse environmental or un-safe conditions that would result from this proposed work. Gerard Bushel (5 Riverside Drive) stated that he is concerned with the increased drainage on the site particularly the side yard. He stated that the owner has done some work on the property APPROVED - Zoning Board of Appeals Meeting, May 16, 2007 6 �already. He stated that as a result of the completed work, there has been increased storm water running onto his property. Sean McCarthy stated that the applicant will be required to create a zero-runoff condition. There was an open discussion on the status of the storm water runoff from previous work. The Board agreed that before a building permit is issued, all storm water conditions would be addressed and satisfied. Since there were no further public comments, Eliot Martone made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (7-0). The Chair made a motion to approve the application as submitted with the condition that the applicant must address the storm water conditions as a result of the previous work performed at the property and of the proposed work. He added that a plan is to be submitted and approved by the Building Department prior to the issuance of a building permit. Eliot Martone seconded. It was unanimous (7-0). 4) Minutes from the March 2007 meeting The minutes from the March 2007 meeting were reviewed. Diane Martello made a motion to approve the minutes as submitted. Linda Moiron seconded. It was unanimous (5-0) (Martone and Koffler abstained). Adjourned 10:00pm. APPROVED - Zoning Board of Appeals Meeting, May 16, 2007 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-2007 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_2007-05-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-2007 Date A point or period of time associated with an event in the lifecycle of the resource 2007 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/05833571f40b3ff8aa7604bdcf58bef5.pdf e0eb29b89ca734df7102c7934847e9d6 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED June 20, 2007 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 Peter Koffler Diane Martello Linda Moiron Timothy Judge Gordon Swartz Absent : None Also Present: Sean McCarthy (Village Architect/Village of Sleepy Hollow) Anthony DelVecchio (Recording Secretary) Agenda: 1) Steurer 415 North Broadway 2) Approval of minutes from May 2007 Fence Announcements: None. 1) Steurer 415 North Broadway Fence - This is an application for an area variance from the Village Zoning Code to construct a front yard fence at a single-family residence where the following variance is required: Fence Height Proposed fence height = 5.0 ft Maximum fence height = 3.0-ft Kathleen and Clifton Steurer are the owners and are representing this application The Chair asked if the proof of mailings had been received. Sean McCarthy responded yes. The Chair stated that the Board had received the following: 1) application dated May 14, 2007 2) survey 3) photos of property and neighborhood 4) letter dated May 14, 2007 from applicant 5) short EAF �Clifton Steurer stated that he wants to replace existing 5’-foot hedge with a fence that would be of the same height. He stated that when the hedges need to be trimmed, it is dangerous with cars passing by. Kathleen Steurer also stated that a handicapped neighbor passes by the hedges everyday. She stated that by removing the hedge and installing the fence, it would allow a wider path for him to travel on. The Chair questioned the need for the height of the fence. Clifton Steurer stated that the existing hedge does not provide any privacy. He is also concerned about the safety of his children. The Chair asked for the photos of the proposed fence. Clifton Steurer presented photos of a solid fence. Gordon Swartz asked if other housed in the neighborhood have similar fences. Clifton Steurer stated that many of the houses on Route 9 have similar fences. Eliot Martone stated that this fence would be covering the front of the house. He stated that other houses on Route 9 have similar fences but they are used for the side and rear yards. The Chair stated that a recent application for a similar variance was denied. The Chair reviewed the reasons for an area variance. He asked the applicant to further explain why this variance is needed. Kathleen Steurer stated that they have 2 small children at home. She stated that a 5-foot fence would help keep her kids toys in the yard. The Chair opened the public hearing. Since there was nobody present, the Chair closed the public hearing. The Chair asked about the fence on other parts of the property. Kathleen Steurer stated that the side yard will have a lower fence in order for traffic to properly maneuver around the turn. The Chair stated that the Board would like to see what the ARB approves before granting the requested variance. He stated that the argument for a variance is not strong. Eliot Martone asked if the applicant would be willing to add the fence as well as keeping the hedge. Clifton Steurer stated that it is dangerous to maintain the existing hedges. Eliot Martone stated that the hedge should be replaced with a hedge that grows more upward than outward. APPROVED - Zoning Board of Appeals Meeting, June 20, 2007 2 �Clifton Steurer stated that installing new hedges and the fence would not be financially feasible. The Chair asked if the Board had any questions. Gordon Swartz stated that he is not opposed to the fence. He stated that the style of the fence should keep with the nature of other properties in the neighborhood. He stated that he would like to see the ARB’s response before acting. Timothy Judge stated that he added some lattice on the top of his fence to give a more aesthetically pleasing appearance. He stated that the applicant should have a few design patterns available for review. The applicant requested an adjournment so that the ARB can review the application. The Chair stated that the ARB can act on the application if they want but the Zoning Board wants to receive feedback on this application from the ARB before deciding on the variance. Eliot Martone made a motion to adjourn this application to the next meeting. Linda Moiron seconded. It was unanimous (7-0). 2) Minutes from the May 2007 meeting The minutes from the May 2007 meeting were reviewed. Diane Martello made a motion to approve the minutes as amended. Linda Moiron seconded. It was unanimous (5-0) (Martone and Koffler abstained). Adjourned 8:35pm. APPROVED - Zoning Board of Appeals Meeting, June 20, 2007 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-2007 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_2007-06-20 Subject The topic of the resource Zoning Board Minutes & Resolutions-2007 Date A point or period of time associated with an event in the lifecycle of the resource 2007 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/dbc6bb813856de7f68bdbd00e73e3a34.pdf 12bc3146c3f68e7753171d1c0c3d87b8 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED August 15, 2007 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 Peter Koffler Linda Moiron Timothy Judge Gordon Swartz Absent : Diane Martello Also Present: Sean McCarthy (Village Architect/Village of Sleepy Hollow) Dan Pennella (Charles A. Manganaro/Village Engineer) Agenda: 1. Steurer 415 North Broadway Fence 2. Andreou 2 County House Road Enlarge rear deck 3. Silverman 48 Fremont Road Rear yard deck 4. Fuller 548 Munroe Avenue Two story addition 5. Cuadrado 20 Maple Street Convert 2-family to a 3-family house 6. Carroll 265 Harwood Avenue Enclose rear porch 7. McCabe 17 Evergreen Way Construct a family room 8. Approval of Minutes June 20, 2007 Announcements: None. 1) Steurer 415 North Broadway Fence - This is a continuation from previous meetings. Ken Steurer stated that he is seeking a variance of 1 foot. He stated that the ARB has given positive feedback for replacing the fence with the same fence currently installed at the Philipsburg Manor Restoration property. The Chair asked for photos of what will be installed. Ken Steurer responded provided photos of the proposed fence. The Chair stated that the previously presented photo is not what was presented to the Board at the last meeting. Ken Steurer acknowledged the discrepancy. He stated that the revised fence is more in character with the neighborhood. The Chair stated that the original application requested a 3-foot fence and a 5-foot fence in some areas. �Ken Steurer responded that the fence height varies in some areas since the property slopes but it is always at a minimum of 4-foot fence. He stated that the ARB indicated that the fence height should be the same throughout the property. The Chair stated that he is concerned with the accuracy of the public notice. The Chair asked if the Board had any questions. There were none. The Chair opened the public hearing. Since there were no public comments, Eliot Martone made a motion to close the public hearing. Timothy Judge seconded. It was unanimous (6-0). The Chair asked if there would be sight issue concerns regarding traffic at the corner. The Board didn’t think that there would be sight line issues. The Chair asked if the same materials would be used. Ken Steurer responded that the same materials and style would be used. The Chair stated that this is not a substantial variance. He stated that it is not out-ofcharacter with the neighborhood. He also stated that this is the minimal variance that can be granted. The Chair made a motion to approve the variance as requested. Peter Koffler seconded. It was unanimous (6-0). 2) Andreou 2 County House Road Enlarge rear deck This is an application for an area variance from the Village Zoning Code, to enlarge an existing rear yard deck on a single-family residence where the following variance is required: Lot Area Existing lot area is 34,357 sq. ft. Minimum lot area is 43,560 sq. ft. Rear Yard setback Proposed rear yard setback is 19.06 ft. Minimum rear yard setback is 35.00 ft. The Chair asked if the proof of public notice was received. Sean McCarthy responded yes. APPROVED - Zoning Board of Appeals Meeting, August 15, 2007 2 �Len Andreou is the owner and is representing this application. The Chair asked if this is a pre-existing non-conforming use. Sean McCarthy responded that the pre-existing non-conforming use is due to the cluster zoning and the site plan approval for the development. Len Andreou stated that he wants to enlarge the deck for privacy issues and functionality issues. He also stated that the enlarged deck would allow him to better watch his kids when they play in the back yard. The Chair reviewed the requirements for granting an approval for an area variance. He stated that the applicant needs to address the requirements under the statute. Len Andreou responded that it is not a self-created hardship since the developer indicated that the road adjacent to the property would be closed. He stated that this road was not closed as promised. The Chair stated that the rear yard setback variance request is over 50% and is considered substantial. Len Andreou responded that the rear yard is bordered by a large wooded area. He stated that there is only one neighbor who would be affected by this deck. He submitted a letter from the neighbor for the record. The Chair stated that the Board is in receipt of the following: 1) application 2) short form EAF 3) plans dated 5-16-07 4) letter from neighbor not objecting to proposed deck Len Andreou presented photos to the Board to further illustrate the existing conditions of the property. The Chair asked about the square footage of the existing deck. Len Andreou responded about 800sf. The Chair asked how that compared to other houses in the area. Len Andreou responded that adjacent neighbors have larger decks based on the topology of the property. Len Andreou stated that there are sight line issues with the existing deck. Timothy Judge stated that the expanded deck would create an elevated view of the yard. The Chair stated that the applicant needs to demonstrate that the project should be granted based on the statute. APPROVED - Zoning Board of Appeals Meeting, August 15, 2007 3 �The Chair asked whether a patio could accommodate their needs. The applicant did not respond. The Chair opened the public hearing. Since there were no public comments, Eliot Martone made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (6-0). The Chair stated that this is a self-created hardship since the applicant was aware of the property boundary issues when they purchased the property. He stated that the applicant can achieve the same results through other methods. Gordon Swartz agreed. He stated that other methods should be explored. Timothy Judge stated that constructing the deck over the air-conditioning condenser unit would make that section of the deck very hot. The Chair stated that this would be setting a precedent for other houses in the development. He stated that this house is located in a new development. Len Andreou stated that the proposed deck can be reduced by 3-feet to reduce the variance request. Eliot Martone stated that the applicant needs to present some alternatives so show why this proposal is the only proposal that can achieve the applicant’s needs. Len Andreou stated that the plans could be revised to remove some of the square footage. This was adjourned to the next meeting. 3) Silverman 48 Fremont Road Rear yard deck This is an application for an area variance from the Village Zoning Code, to construct a rear yard deck on a single-family residence where the following variance is required: Lot Area Existing lot area is 12,750 sq. ft. Minimum lot area is 15,000 sq. ft. Rear Yard setback Proposed rear yard setback is 16.00 ft. Minimum rear yard setback is 25.00 ft. The Chair read the public notice aloud. APPROVED - Zoning Board of Appeals Meeting, August 15, 2007 4 �The Chair asked if the proof of public notice was received. Sean McCarthy responded yes. The Chair stated that the Board has received the following: 1) application 2) plans dated April 12, 2007 Mrs. Silverman is the owner and is representing this application. Mrs. Silverman stated that they want to extend a deck outward to square off with the recently added extension. The Chair asked about the area behind the house. Mrs. Silverman responded that there are woods behind her property. The Chair asked if the house received a variance to be built. Sean McCarthy responded that this house is a pre-existing non-conforming use. The Chair opened the public hearing. Since there were no public comments, Eliot Martone made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (6-0). The Chair stated that this deck cannot be seen from the road. He stated that this is a preexisting non-conforming use and is not a self-created hardship. He stated that there is a very small portion of the deck that infringes on the rear yard setback. He stated that this is the minimal variance that can be granted that would achieve the owner’s objectives. Gordon Swartz made a motion to approve the variance as requested. Timothy Judge seconded. It was unanimous (6-0). 4) Fuller 548 Munroe Avenue Two story addition This is an application for an area variance from the Village Zoning Code, to construct a two story addition where the following variances are required: Rear Yard setback Proposed rear yard setback is 21.37 ft. Minimum rear yard setback is 25.00 ft. The Chair asked if the proof of public notice was received. Sean McCarthy responded yes. The Chair read the public notice aloud. APPROVED - Zoning Board of Appeals Meeting, August 15, 2007 5 �The Chair stated that the Board is in receipt of the following: 1) application 2) survey 3) building plans dated 5-24-07 Frank Manfredy is the project architect and is representing this application on behalf of the owners. Frank Manfredy stated that this house received a variance back in 2003 which expanded the kitchen towards the rear of the house. He stated that the extension would be built where the current garage exists. He submitted 2 renderings to the Board. The Chair asked if the side yards are in conformance. Frank Manfredy responded yes. The Chair asked if the application had received ARB approval yet. Frank Manfredy responded no. The Chair asked if the owner moved the addition forward, it could be built without a variance. Frank Manfredy responded yes. He stated that there would be a problem getting light and ventilation to the basement rooms. The Chair opened the public hearing. Since there were no public comments, Linda Moiron made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (6-0). Peter Koffler asked if the extension could be built 3-feet narrower. Frank Manfredy responded that the interior space would be very narrow. The Chair stated that this is a pre-existing non-conforming use and is not a self-created hardship. He stated that this is the minimal variance that can be granted that would achieve the owner’s needs. He stated that the extension could be built larger without a variance. He also stated that this application is not out-of-character with the neighborhood. Gordon Swartz made a motion to approve the variance as requested subject to ARB approval. Eliot Martone seconded. It was unanimous (6-0). 5) Cuadrado 20 Maple Street Convert 2-family to a 3-family house This is a request for an area variance and a use variance from the Village Zoning Code, to APPROVED - Zoning Board of Appeals Meeting, August 15, 2007 6 �convert a two-family residence to a three-family residence. Where following variances are required: Front Yard Setback Existing front yard is 8.16 ft. Minimum front yard is 20.0 ft. One Side Yard setback Existing one side yard is 1.93ft. Minimum one side yard required is 3.00ft. Combined Side Yards Existing combined side yards are 13.78ft. Minimum combined side yards required are 12.00ft. Floor Area Ratio Existing Floor Area Ratio is 2442sf Maximum floor area ratio is 2300sf Parking Spaces Existing parking - 3 spaces Required parking -6 spaces Schedule of Regulations Proposed three-family residence is not a permitted. The Chair read the public notice aloud. The Chair asked if the proof of public notice was received. Sean McCarthy responded yes. Sean McCarthy recused himself from this application. The Chair stated that this is an application for an area variance and a use variance. He noted that Board has received the following: 1) application 2) tax bills and utility receipts 3) letters from several neighbors 4) survey dated July 8 ,1977 5) building plans Jeffrey Shumedja is the attorney representing this application on behalf of the owners. APPROVED - Zoning Board of Appeals Meeting, August 15, 2007 7 �Jeffrey Shumedja stated that this house was constructed in 1930. He stated that in 1964, a Certificate of Occupancy was issued without noting the number of units. He stated that the current owners have purchased the property in 1987 and have operated it as a 3family dwelling. He stated that there are 3 gas meters and 3 electric meters. He stated that the owners are only seeking to continue the current use of the property as a 3-family residence. He stated that the required parking can be provided. The Chair asked for the current rent roll of the property. Mr. Cuadrado responded that the total rent roll of $2625/month. He stated that the lost unit provides an additional income of $1000/month. The Chair asked which apartment was vacated. Mr. Cuadrado responded that one of the upper floor units is vacant. The Chair asked about the potential income if the vacated unit was combined with one of the other 2 units. Jeffrey Shumedja responded that he did not know but he could get a realtor to evaluate the potential rental income. Jeffrey Shumedja stated that a Certificate of Occupancy for a 3-family home was issued in 1963. He referred to a document dated in 1963 that indicated that renovations were completed at the property. He stated that the Building Department does not have any detailed records of the work performed. He stated that a Certificate of Occupancy was issued in 1964. The Chair asked Jeffrey Shumedja to provide the Certificate of Occupancy. Jeffrey Shumedja provided a letter dated Sept 23, 2005 (item #4) that stated that a Certificate of Occupancy was issued in 1964. He presented a document from1930 that showed when the house was built. He also referred to another document from December 1963 that indicated that renovations were completed at the property. He stated that the conversion from a 2-family residence to a 3-family residence was completed at this time. Timothy Judge asked Jeffrey Shumedja to explain how the property can be considered a 3-family residence. Jeffrey Shumedja responded that the house has always been a 3-family residence since the current owners purchased it. He stated that the previous owner completed the work to convert the property from a 2-family to a 3-family back in 1963. The Chair asked if the applicant is stating that the conversion of this property pre-dates the zoning code. Jeffrey Shumedja responded that that is one of the issues surrounding this property. He stated that the applicant purchased the property in 1987. He stated that the Title search produced a letter from the Building Inspector stating that the property pre-dates the Village zoning code and that no Certificate of Occupancy exists. He stated that the same document was produced in 1999 when his client re-financed the property. APPROVED - Zoning Board of Appeals Meeting, August 15, 2007 8 �The Chair stated that there is no statement about the occupancy of the building. He states that the Building Department records only state that no Certificate of Occupancy exists. He stated that no documents indicate that the occupancy was changed from a 2-family to a 3-family residence. Eliot Martone asked if any building plans are on file. Jeffrey Shumedja responded no. Jeffrey Shumedja cited a 2003 application from 185 Beekman Avenue where the Board approved a similar application. The Chair stated that the 2003 application did not require a use variance. The Chair stated that the argument for a 3-family structure is not a strong argument. Jeffrey Shumedja stated that the Building Department records are inadequate. The Chair stated that the applicant should focus on the use variance. He stated that the area variance will be addressed after the use variance matter is settled. Jeffrey Shumedja stated that there are twenty-seven 3-4 family residences in the area. He stated that the Village consulting engineer has stated that only eight houses are 3-4 family homes. The Chair asked if there was any information on the mortgage. Jeffrey Shumedja responded that he could get this information. Eliot Martone asked about when the electrical meters were installed. Jeffrey Shumedja responded that he tried to get the information from Con Edison but was unsuccessful. The Chair asked the applicant to address the use variance issues. Jeffrey Shumedja stated that the property can accommodate 6 parking spaces. He stated that a landscaping buffer can be installed between the neighbors is required by the Board. He stated that the necessary drainage issues will also be addressed. Dan Pennella stated that parking spot #1 in the proposed parking plan is decreased from the Village standards. The Chair asked about other zoning standards regarding installing the parking plan. Dan Pennella responded that there are no other Village standards for parking lots. The Chair opened the public hearing. Diane McCarthy (16 Maple Street) submitted (4) photos of the subject property. She stated that there are many issues with parking on Maple Street. She stated that the applicant’s property currently has storm water runoff issues. She stated that the owner APPROVED - Zoning Board of Appeals Meeting, August 15, 2007 9 �does not allow his tenants to park on the property. She stated that the interior of the units are very small and the apartment access is from the side yard not the front yard. She also stated that there are 12 houses on Maple Street and all of them are 2-family houses. She requested that the application for a variance be denied. Anna Abewalav (58 New Broadway) stated that the house was bought in the 1980s. She stated that parking is a problem in the area. Sonia Munroe (63 New Broadway) stated that the street is very small. She also stated that the property should remain as a 2-family to keep in character with other houses in the neighborhood. Houston Campell (22 Maple Street) stated that there are 12 children living on Maple Street. He stated that there are safety issues with the driveway. Diane McCarthy submitted a petition from the neighbors. Tonia Mulhare (32 Maple Street) stated that there are too many cars in the neighborhood. She stated that nobody uses the driveway at 20 Maple Street. She stated that drainage is a problem in the area. She stated that the property is not well maintained. She requested that the application be denied. Since there were no further public comments, Linda Moiron made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (6-0). The Chair asked if there is any other information that the applicant would like to present to the Board. Jeffrey Shumedja responded that he would like to present additional info on the mortgage, Con Edison information and other information requested by the Board. The Chair stated that the hardship is not unique. He stated that the proposed increase to a 3-family would be out-of-character with the neighborhood. He stated that the area variance would be difficult to approve based on the presented information. Gordon Swartz stated that the applicant should address the financial hardship statement. He stated that the character of the neighborhood (specifically the street) is negatively impacted. Peter Koffler and Eliot Martone agreed with the statements from the Chair and Gordon Swartz. The Chair stated that the missing financial information would not be enough to approve the requested variances. He stated that if the variance is denied, the applicant can reapply in 6-months. APPROVED - Zoning Board of Appeals Meeting, August 15, 2007 10 �Jeffrey Shumedja requested an opportunity to present the missing information to the Board. The Chair responded that there is insufficient information presented for a use variance. He stated that the financial hardship would not sway the Board to grant either a use or area variance. Jeffrey Shumedja requested an adjournment to the next meeting so that more accurate financial data can be presented. The Chair responded that the financial hardship is unique to this property. He also stated that the property is similar to many other 1-2 houses in the area. He also stated that this variance will negatively impact the neighborhood. He stated that the streets are very narrow and parking is a big concern. The Chair stated that the applicant had an opportunity to present accurate financial information to the Board. He stated that the financial hardship requirement would not be satisfied. He stated that the requested variances are substantial. He also stated that there is a serious safety concern with placing a 6 car parking lot on a shared driveway. Linda Moiron made a motion to deny the request for a use variance. Peter Koffler seconded. The application was denied (6-0). 6) Carroll 265 Harwood Avenue Enclose rear porch - This is an application for an area variance from the Village Zoning Code, to enclose a rear porch where the following variances are required: Lot Size Existing lot size is 9,448 sq. ft. Minimum lot size is 10,000 sq. ft. Lot Width Existing lot width is 63.00 ft. Minimum lot width is 75.00 ft. Combined Side Yards Existing combined side yards are 21.8ft. Minimum combined side yards required are 25.00ft. The Chair asked if the proof of public notice was received. Sean McCarthy responded yes. The Chair stated that the Board had received: 1) application 2) zoning compliance form APPROVED - Zoning Board of Appeals Meeting, August 15, 2007 11 �3) building plans dated May 22, 2007 4) survey dated May 13, 1987 George Riley is the contractor performing this work and he is representing this application on behalf of the owners. George Riley stated that the existing deck will not be made larger than what is there currently. He briefly described the proposed landscaping improvements. He also stated that the roof and trim would match the existing finishes on the main house. The Chair asked why a variance is needed. Sean McCarthy responded that this is a change to the structure and the house is a preexisting non-conforming regarding the lot size, lot width and combined yards. The Chair opened the public hearing. Since there were no public comments, Linda Moiron made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (6-0). Eliot Martone stated that this variance is not substantial. The Chair stated that this is a pre-existing non-conforming use and is not a self-created hardship. He stated that this application is not out-of-character with the neighborhood. He also stated that this is the minimal variance that can be granted that would achieve the owner’s needs. Eliot Martone made a motion to approve the application as submitted. Peter Koffler seconded. It was unanimous (6-0). 7) McCabe 17 Evergreen Way Construct a family room - This is an application for an area variance from the Village Zoning Code, to construct a family room where the following variances are required: Lot Size Existing lot size is 11,004 sq. ft. Minimum lot size is 15,000 sq. ft. Lot Width Existing lot width is 95.03 ft. Minimum lot width is 100.00 ft. Rear Yard Setback Existing rear yard setback is 17.1ft. Minimum rear yard setback is 25.00ft. APPROVED - Zoning Board of Appeals Meeting, August 15, 2007 12 �The Chair asked if the proof of public notice was received. Sean McCarthy responded yes. Sam Vieira is the project architect and is representing this application on behalf of the owners. Sam Vieira stated that the public notice indicates that the owners want to construct a family room but the applicant is actually converting a screened porch into a year-round room. He stated that the property is undersized and the requested variances are preexisting. He stated that the Floor-Area-Ratio in Sleepy Hollow includes permanent perimeter walls into the FAR calculations. He stated that since the FAR is increasing, the ZBA approval is required. He stated that the FAR is in compliance with the Village’s FAR requirements. Sam Vieira stated that this screened porch has been existed for over 10 years and is not detrimental to the neighborhood. Sean McCarthy stated that the deck has grown over the years. He stated that a variance should have been sought when the porch was expanded. The Chair opened the public hearing. Since there were no public comments, Linda Moiron made a motion to close the public hearing. Peter Koffler seconded. It was unanimous (6-0). The Chair stated that this is the minimal variance that can be granted that would achieve the owner’s needs. He stated that this application is not out-of-character with the neighborhood. He also stated that this is a pre-existing non-conforming use and is not a self-created hardship. Timothy Judge made a motion to approve the application as submitted. Linda Moiron seconded. It was unanimous (6-0). 8) Minutes from the June 20, 2007 meeting The minutes from the June 20, 2007 meeting were reviewed. Linda Moiron made a motion to approve the June 2007 minutes as submitted. Eliot Martone seconded. It was unanimous (6-0). Adjourned 11:05 pm. APPROVED - Zoning Board of Appeals Meeting, August 15, 2007 13 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2007 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_2007-08-15 Subject The topic of the resource Zoning Board Minutes & Resolutions-2007 Date A point or period of time associated with an event in the lifecycle of the resource 2007 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/945fa20af20dc4c6c694711d2b99337e.pdf 832fb87820c5e40a82833f0a903f2d7b PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED September 19, 2007 The meeting was called to order by Peter Koffler, Acting Chairman at 8:04 pm. The Chair noted that a quorum was present. Present: Eliot Martone Peter Koffler Linda Moiron Timothy Judge Gordon Swartz Absent : Robert Anello, Chairman Diane Martello Also Present: Sean McCarthy (Village Architect/Village of Sleepy Hollow) Anthony DelVecchio (Recording Secretary) Donato Pennella (Charles A. Manganaro/Village Engineer) Agenda: 1) Andreou County House Road 2) Gary McLean 282 North Washington Street 3) Peter Castro 335 North Broadway 4) Approval of minutes from August 2007 Deck Garage Replacement Change of Use Announcements: None. 1) Andreou County House Road Deck- This is a continuation from previous meetings. Joseph Pavia is the project architect and is representing this application on behalf of the applicants. He presented the revised plans to the Board. He stated that the plans have been revised and the proposed deck has been reduced by 4-feet from the original submission. He stated that the applicant has taken the Board’s concerns into consideration. Gordon Swartz asked why a variance is still needed. Joseph Pavia responded that the existing deck is close to the property line. He stated that the owners are trying to utilize the other side of the property. The Chair stated that existing house is a pre-existing non-conforming use. �Eliot Martone stated that the development is relatively new. He stated that this house and deck were constructed by the developer. Sean McCarthy responded that the Planning Board recommended a cluster zone. He stated that based on the cluster development, the lots were slightly reduced. The Chair stated that the applicant needs to meet the requirements of the statute. Joseph Pavia responded that the applicants want to access the west side of the house. The Chair asked if alternative plans have been explored. Joseph Pavia presented an alternative scheme to the Board. The alternative scheme showed a plan that required a rear yard setback variance of 10-feet. Joseph Pavia stated that the house is shielded from the neighbors and is surrounded by woods. He stated that the proposed door will allow the applicants to utilize the south side of the house. The Chair opened the public hearing. Since there were no public comments, Eliot Martone to close the public hearing. Linda Moiron seconded. It was unanimous (5-0). The Chair stated that the applicants have not properly demonstrated why the variance should be granted. Gordon Swartz stated that approving this variance could be setting a precedent throughout the development. Eliot Martone agreed. Joseph Pavia stated that this application should be viewed independently. He stated that the location of this house is unique within the development. He stated that the owners could build an odd-shaped deck that follows the property line. He stated that this is the 3rd revision of this deck. There was an open discussion on alternatives that can be constructed to meet the needs of the applicant. The Chair reviewed the Board’s possible actions. Joseph Pavia reviewed one of the proposed alternatives. The alternative included providing a narrow connecting section that would reduce the proposed variance to a 5-foot rear yard variance. Joseph Pavia requested that this item be adjourned to later in the evening so that he can propose a formal alternative for the Board’s approval. This was adjourned. APPROVED - Zoning Board of Appeals Meeting, September 19, 2007 2 �2) Gary McLean 282 North Washington Street Garage Replacement - This is a request for an area variance from the Village Zoning Code to convert an existing two-family residence to a single-family residence and to convert an existing four car garage to a single-family residence where the proposal requires the following variances: Lot Coverage Existing lot coverage = 36% Maximum lot coverage = 30% Side Yard Setback Existing side yard setback = 2.0 ft Maximum side yard setback = 5.0 ft Combined Side Yard Setback Existing combined side yard setback = 4.0 ft Maximum combined side yard setback = 15.0 ft Rear Yard Setback Existing rear yard setback = 3.0 ft Maximum rear yard setback = 25.0 ft Front Yard Setback Existing front yard setback = 16.0 ft Maximum front yard setback = 20.0 ft Proposed parking spaces Proposed parking spaces = 8 spaces Required parking spaces = 10 spaces Floor Area Ratio (FAR) Proposed FAR = 0.53 Maximum FAR= 0.38 Also: Supplementary regulations • • Minimum of 60% parking spaces shall be for full size cars. 25% parking spaces for full size car is proposed. The Chair read the public notice aloud. The Chair asked if the proof of mailings has been submitted to the Village. Sean McCarthy responded yes. APPROVED - Zoning Board of Appeals Meeting, September 19, 2007 3 �John Hughes is an attorney representing this application along with project architect, Jon Turnquist. Jon Turnquist gave a summary of the proposed application. He stated that one of the dwelling units from the main house will be moved to the garage. He stated that the property currently has 4 units and the application proposed 4 units. He stated that the building footprint is not changing. Linda Moiron asked about the number of bedrooms. Jon Turnquist responded that the number of bedrooms is not changing. Eliot Martone stated that the garage should be removed and the green space should be increased on the site. Gary McLean responded that the structure is built with poured concrete and would cost more to remove it than to make it a livable space. Linda Moiron asked how the vacated space would be used. Gary McLean responded that the existing unit would be expanded. He stated that the existing unit does not have closet space. He stated that the unit is rather small. The Chair stated that the use of the garage is changing from a storage space to a dwelling unit. Jon Turnquist responded yes. The Chair asked about the proposed parking plan. Jon Turnquist presented a parking plan. Linda Moiron asked how this proposal differed from the original plan. Jon Turnquist stated that at the last meeting, the Chair asked for the parking plan. Eliot Martone asked if the parking spaces conform to the Village code. Sean McCarthy responded no. He stated that the parking spaces are blocked. He also stated that some smaller spaces are not counted. Jon Turnquist stated that the presented parking plan is the existing parking layout. Gordon Swartz asked how close the garage is from the property line. Gary McLean responded 2 feet. He stated that he spoke to the adjacent property owners about the proposed work and they did not object. Eliot Martone stated that he wants to see floor plans and more details on the proposed project. He stated that there is not enough information available to make a decision. The Chair opened the public hearing. APPROVED - Zoning Board of Appeals Meeting, September 19, 2007 4 �Joan Kafka (31 Lawrence Avenue) is representing her mother. She stated that her mother does not approve of this project. She stated that the proposed windows in the rear yard would create a privacy concern. She stated that having the 2-foot setback is also a concern. Orlando Bustamante (274 N. Washington Street) stated that he is opposed to the proposed project. He stated that the property is currently overcrowded. He stated that the neighborhood is also overcrowded. Sean McCarthy responded that this property is not one of the non-conforming properties on Washington Street. Freida Bateman (291 N. Washington Street) stated that one of the existing apartments is unrentable because it is in the basement and access is limited. She stated that the existing tenants park on the street. She also stated that the applicant claimed a financial hardship but has yet to present evidence of the hardship. She stated that she is opposed to the application. Since there were no further public comments, Eliot Martone made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (5-0). John Hughes requested an adjournment to address the concerns from the public and the Board. Gordon Swartz stated that this is the second adjournment of this application. He stated that the applicant should be well prepared for the next meeting so that all of the Board’s concerns can be properly addressed. Eliot Martone made a motion to adjourn the application to the next meeting. Timothy Judge seconded. It was unanimous (5-0). 3) Castro 335 North Broadway Change of Use - This is a continuation from previous meetings. John Hughes is an attorney representing this application along with owner Peter Castro. Sean McCarthy stated that this application was referred to the Planning Board for traffic and ingress/egress issues. He stated that the Planning Board has completed their review and has referred the application back to the Zoning Board. John Hughes referred to the October 2006 Zoning Board meeting minutes. He stated that the parking and traffic issues were reviewed by the Planning Board. He stated the Planning Board’s site plan review will follow the Zoning Board application. John Hughes asked if this application needs to be re-noticed. He stated that it is a continuation of an existing application but the applicant last appeared before the Board in October 2006. APPROVED - Zoning Board of Appeals Meeting, September 19, 2007 5 �Gordon Swartz stated that the application should be re-noticed. The Board agreed that the application should be re-noticed. Peter Castro asked if there is any information that the Board needs for the next meeting. The Chair stated that the applicant should review the Zoning Board minutes. 1) Andreou – continued This was a continuation from earlier in the meeting. Joseph Pavia stated that he was unable to reach the owner to discuss the possible revisions. He presented a revised plan that would require a 7-foot rear yard variance. Timothy Judge stated that the proposed deck is covering the existing condenser units. He stated that covering the condenser units will make the deck very hot. Eliot Martone stated that the connection between the decks should be no wider than 6-foot. Timothy Judge stated that the he wants to see formal drawings before making a decision. The Chair reviewed another possible option that would minimize the variances needed. Gordon Swartz stated that this variance is for the owner’s pleasure. Joseph Pavia stated that he will present the comments to the owners. Eliot Martone made a motion to adjourn this application to the next meeting. Gordon Swartz seconded. It was unanimous (5-0). 4) Minutes from the August 2007 meeting The minutes from the August 2007 meeting will be reviewed at the next meeting. Adjourned 9:36pm. APPROVED - Zoning Board of Appeals Meeting, September 19, 2007 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-2007 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_2007-09-19 Subject The topic of the resource Zoning Board Minutes & Resolutions-2007 Date A point or period of time associated with an event in the lifecycle of the resource 2007 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/b607b0023a07c12aa2c3d97b81d69c75.pdf d7f1b87ce7b6be610f5f56faa998c431 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED October 17, 2007 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 Timothy Judge Absent : Gordon Swartz Peter Koffler Diane Martello Also Present: Sean McCarthy (Village Architect/Village of Sleepy Hollow) Donato Pennella (Charles A. Manganaro/Village Engineer) Anthony DelVecchio (Recording Secretary) Agenda: 1) Andreou County House Road 2) Peter Castro 335 North Broadway 3) Gary McLean 282 North Washington Street 4) King Chi Li 24 Anderson Avenue 5) Approval of minutes from August and September 2007 Deck Alterations & change of use Garage Replacement Replace 2 greenhouses Announcements: The Chair stated that since the Board only has 4 members present, the Board must be unanimous if an application is to be approved. 1) Andreou County House Road Deck - This is a continuation from previous meetings. There was nobody present for this application. The Chair stated that the Board is ready to vote on this application based on the information presented. Eliot Martone made a motion to adjourn this application to the next meeting. Linda Moiron seconded. It was unanimous (4-0). �2) Peter Castro 335 North Broadway Alterations & change of use- This is a continuation from previous meetings. The Chair read the public notice aloud for the record. The Chair asked if the proof of mailings has been submitted to the Village. Sean McCarthy responded yes. The Chair asked if any new additional information had been received. Sean McCarthy responded no. James Simmons is the attorney representing this application along with architect John Lentini and traffic engineer, Bernard Adler. The Chair asked for the parking and traffic plan. James Simmons stated that the parking and traffic plan was provided to the Planning Board. He stated that a copy can be provided to the Board. James Simmons stated that this property is a pre-existing non-conforming use. He stated that the real issue before the Board is the food service store. He stated that the other food service establishment at the Getty station is currently not operating. There was an open discussion on the Getty station’s food service establishment status. Sean McCarthy stated that the Getty station is currently under renovations. He stated that the Getty station does not have any on-site food consumption. The Chair referred to §62-14 regarding food service operations. There was an open discussion on the food service status of the Getty station. Sean McCarthy stated that the Building Department should have sent the Getty gas station’s application to the Board back in 2002 when the store converted to a food service establishment. He stated that the Building Department is investigating pulling the Certificate of Occupancy. It was agreed that the Getty station’s building permit has expired and that they do not have a variance to operate as a food service establishment. The Chair asked that a summary on the Getty station’s food service establishment be provided to the Board at the next meeting. Bernard Adler stated that the January 18, 2007 report detailed the internal traffic circulation plan. He stated that his report showed that standard vehicles can maneuver around the property. He stated that his second report dated June 18, 2007 involved investigating the number of trips that would be made as a result of the convenience store as opposed to the number of trips from a repair station. He stated that the number of trips from a convenience store would be less than a APPROVED - Zoning Board of Appeals Meeting, October 17, 2007 2 �repair store. He stated that his third report dated July 3, 2007 was related to site distance on Route 9. He stated that there is ample site distance on Route 9. The Chair stated that the Board wants to see copies of all traffic and parking reports. The Chair asked if the Planning Board issued a written statement on their parking and traffic referral findings. Sean McCarthy stated that the minutes are the only record of the Planning Board’s findings. The Chair stated that the Board wants copies of the Planning Board’s meeting minutes which show their findings on the traffic and parking plan. John Lentini presented the landscaping plan to the Board. He stated that low shrubs are proposed. The Chair asked if there were any questions from the Board. Timothy Judge asked if a kitchen would be installed. He stated that the kitchen is on the floor plan as a deli. Peter Castro responded that the kitchen is not being proposed. The Chair read the Planning Board’s July 2007 minutes aloud. The Chair opened the public hearing. Don Catano (43 Lawrence Avenue) stated that he did not receive any notice about a requested variance that the Getty gas station was being converted into a food service establishment. He stated that the Getty gas station should be investigated. He stated that the presented studies are evidence that the traffic is not an issue. He stated that the application should be approved. Since there were no further public comments, Eliot Martone made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (4-0). The Chair stated that there are 2 issues before the Board. He stated that the food service establishment is not an issue since the closest food service establishment does not appear to be operating under a valid approval. He stated that the traffic and parking plans presented to the Planning Board are apparently acceptable. Timothy Judge stated that he would like to see the reports. He stated that parking space #9 seems to be a questionable spot. Bernard Adler responded that the reports were submitted to the Planning Board. Linda Moiron asked about the number of spaces required. John Lentini responded that 8.6 parking spaces are required and 9 spaces are proposed. Timothy Judge stated that parking space #9 might back out onto Route 9. APPROVED - Zoning Board of Appeals Meeting, October 17, 2007 3 �Bernard Adler explained the parking plan. Eliot Martone stated that the Hess station on Route 9 is a larger station with less parking. Timothy Judge stated that he is concerned with parking space #9. He stated that the Planning Board should be made aware of this concern. He stated that the application should be modified to request a parking variance for ½-parking space. The Chair stated that all Planning Board minutes and documentation should be provided to the Board. He also stated that parking and traffic studies need to be provided to the Board. He also stated that the following items need to be addressed: 1) A requirement that the buffer be maintained. 2) He stated that the parking spaces should be stripped. 3) He stated that parking space #9 should also be reviewed at the next meeting. Linda Moiron asked if the parking spaces at the pumps be considered as parking spaces. Sean McCarthy responded that the Village Code does not restrict the parking spaces. Linda Moiron stated that the parking spaces at the pumps should be included so that the number of spaces can be reduced. The Chair made a motion to approve the variance for the food service establishment. Eliot Martone seconded. It was unanimous (4-0). The Board adjourned the other variance to later in the meeting so that the applicant could get the traffic and parking reports for the Board to review. 3) McLean 282 North Washington Street Garage Replacement- This is a continuation from previous meetings. Gary McLean stated that this application is seeking to relocate a studio apartment to an existing 4-car garage in the rear of the property. He stated that 9 parking spaces are proposed. He stated that the property is located in a commercial area. He stated that under the Village Code, he is permitted to have 16-dwelling units on the site. The Chair asked if any additional information was presented. Gary McLean responded no. The Chair stated that the Board requested specific items from the last meeting. He specifically stated that the Board wanted to see the floor plans of the proposed interior renovations. Linda Moiron read the Board’s requested items from the last meeting. Gary McLean stated that the property has sufficient storm water structures installed. APPROVED - Zoning Board of Appeals Meeting, October 17, 2007 4 �Sean McCarthy stated that the parking plan shows some parking spaces that are not valid. The Chair asked for the number of spaces that are valid. Sean McCarthy responded that 6 parking spaces are valid. Timothy Judge stated that the floor plans would show where the front door of the new dwelling unit would be located. The Chair stated that the Board cannot rule on the application since there is missing information. He stated that the applicant should review the meeting minutes in order to understand what information is required by the Board. The Chair opened the public hearing. Since there were no public comments, Eliot Martone made a motion to adjourn. Linda Moiron seconded. It was unanimous (4-0). Linda Moiron made a motion to adjourn this application to the next meeting. Eliot Martone seconded. It was unanimous (4-0). 4) King Chi Li 24 Anderson Avenue Replace 2 greenhouses - This is an application for an area variance from the Village Zoning Code to replace two greenhouses with a structure build-out on a single-family residence where the following variances are required: Lot Size Existing lot size = 3,456 sf Minimum lot size = 4000sf Front yard Setback Existing front yard setback = 17.1 ft. Minimum front yard setback = 20-ft Front yard corner Setback Existing front yard corner setback = 8.9 ft. Minimum front yard corner setback = 10-ft Rear yard Setback Existing rear yard setback = 16.0 ft. Minimum rear Yard setback = 25-ft APPROVED - Zoning Board of Appeals Meeting, October 17, 2007 5 �Floor-Area-Ratio Existing floor area ratio = 0.499 Proposed floor area ratio = 0.519 Maximum permitted = 0.493 Timothy Judge read the public notice aloud for the record. The Chair asked if the proof of mailings has been submitted to the Village. Sean McCarthy responded yes. The Chair stated that the Board has received the following: 1) Zoning compliance form 2) Survey 3) Photos 4) Application Jon Turnquist is the project architect and is representing this application along with the owner. Jon Turnquist stated that the owner is looking to remove 2 existing greenhouses and replace them with another space. He stated that the building footprint will not change. Sean McCarthy stated that the greenhouses and the deck were built without a building permit. There was an open discussion on the legality of the greenhouses and the deck. It was determined that the applicant is applying for a 1-story addition that would legalize the footprint. There was an open discussion on the requested variances. It was determined that there was no variance given previously for the rear yard setback. Jon Turnquist stated that the greenhouses were built when the house was construction. He stated that the structure is not adversely impacting the neighborhood. He stated that the neighbors do not object to the proposed work. The Chair asked why the size of the extension needs to remain. King Chi Li responded that the greenhouses are in need of repair. The Chair asked about the size of the greenhouses. Jon Turnquist responded that the existing greenhouses are 26-feet x 9-feet. Eliot Martone asked what is behind the property. Jon Turnquist responded that there is a house in the rear. The Chair stated that the lot is undersized. He stated that the Board should have a history of the property. He asked if there were any violation on this property. APPROVED - Zoning Board of Appeals Meeting, October 17, 2007 6 �Sean McCarthy stated that there was a violation for an illegal occupancy in the basement. The Chair opened the public hearing. Don Catano (43 Lawrence Avenue) stated that the house was built by a former Village official. He stated that the owner wants to improve this property and the application should be approved. Since there were no other public comments, Eliot Martone made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (4-0). Timothy Judge asked about how the property would be impacted by the one-story addition. The Chair stated that the applicant should present a plan that would not require a variance of the Floor-Area-Ratio (FAR). King Chi Li responded that he wants to use the existing foundation wall. Jon Turnquist stated that the cost to reduce the size of the structure is minimal. The Chair stated that he would like to get feedback from the Architectural Review Board. He asked if the exterior finishes would match the existing. Jon Turnquist responded yes. The Chair asked about the square footage of the house. Jon Turnquist responded that he did not know. The Chair asked if the Board had any other comments. Timothy Judge stated that there should be other alternatives presented to the Board that would reduce the square footage of the addition. The Chair stated that the Board needs to see the Building folder along with all Certificate of Occupancy’s and building violations. He stated that the applicant should present alternatives to the Board. He stated that he is concerned with the proximity to the adjacent neighbor’s house. Linda Moiron made a motion to adjourn this application to the next meeting. Eliot Martone seconded. It was unanimous (4-0). The Board adjourned at 9:51pm The Board re-convened at 10:10pm 2) Peter Castro (continued) This was continued from earlier in the meeting. APPROVED - Zoning Board of Appeals Meeting, October 17, 2007 7 �The parking and traffic reports were provided to the Board. The Chair stated that the reports address the Board’s issues but they raise some questions. Timothy Judge stated that parking spaces #8 and #9 show that there are issues using these spaces. He stated that there is the potential for an accident. Linda Moiron stated that the 4 parking spaces at the pumps should be used as parking spaces. The Chair asked if these parking bays can be used as parking spaces. John Lentini responded that the areas for the pumps are larger than the standard parking spaces. Sean McCarthy responded that as long as the vehicles can properly maneuver around the spaces, he does not see a reason why these cannot be used as parking spaces. He stated that the applicant could eliminate parking spaces #8 and #9 and can increase access to parking spaces #1 and #2. The Chair stated that the Board has also raised that egress onto Route 9 as an issue. He stated that there should be no egress onto Route 9. Eliot Martone stated that he did not agree. The Chair stated that the Planning Board should address the ingress and egress issues for the site. Timothy Judge asked if the applicant would be applying for a liquor license. Peter Castro responded yes. The Board unanimously agreed that they would not place restrictions on the ingress/egress of the property. Eliot Martone made a motion to approve the requested variance from code sections 62-7b and 62-9c(c). 1) Maintain the landscaping buffer in the rear and in the front. They should not impact the site line. 2) Parking spaces #8 and #9 will be substituted for 2 parking spaces at the fueling pumps. The remaining 13-feet of space will be where the bays are located. The parking spaces will be striped. The other remaining parking spaces will be widened. 3) The Planning Board should evaluate the egress of the property. Linda Moiron seconded. It was unanimous (4-0). 5) Minutes from the August and September 2007 meetings The minutes from the August 2007 meeting were reviewed. Linda Moiron made a motion to approve the minutes as amended. The Chair seconded. It was unanimous (4-0). APPROVED - Zoning Board of Appeals Meeting, October 17, 2007 8 �The minutes from the September 2007 meeting were reviewed. Linda Moiron made a motion to approve the minutes as amended. Timothy Judge seconded. It was unanimous (4-0). 6) Other There was an open discussion on the status of the Getty gas station. There was an open discussion on the status of the ARB approval given to the Getty station. No action was taken. Adjourned 10:45pm. APPROVED - Zoning Board of Appeals Meeting, October 17, 2007 9 � 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-2007 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_2007-10-17 Subject The topic of the resource Zoning Board Minutes & Resolutions-2007 Date A point or period of time associated with an event in the lifecycle of the resource 2007 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/654aa1ca834e0947c54b006bec5d2720.pdf fa026b04e53a3e9b2a726e2e3add8227 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED November 14, 2007 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 Linda Moiron Timothy Judge Peter Koffler Diane Martello Absent : Gordon Swartz Eliot Martone Also Present: Sean McCarthy (Village Architect/Village of Sleepy Hollow) Donato Pennella (Charles A. Manganaro/Village Engineer) Anthony DelVecchio (Recording Secretary) Agenda: 1) Andreou County House Road 2) King Chi Li 24 Anderson Avenue 3) Peter Grotto 300 North Broadway 4) Gary McLean 282 North Washington Street 5) Approval of minutes from October 2007 6) Other Deck Replace 2 greenhouses Office Building Garage Replacement Announcements: None. 1) Andreou County House Road Deck - This is a continuation from previous meetings. There was nobody present for this application. Sean McCarthy stated that a letter was sent to the applicant informing them that this item would be on the agenda. Peter Koffler stated that there is enough information to make a decision on this application. Timothy Judge agreed. He also stated that approving this application would be setting a dangerous precedent. �The Chair stated that this would be out-of-character with the neighborhood. He stated that the variance is substantial. Peter Koffler made a motion to deny the variance. Linda Moiron seconded. It was unanimous (5-0). 2) Li 24 Anderson Avenue One-story addition - This is a continuation from previous meetings. King Chi Li provided some additional documents to the Board. He stated that the documents were part of his real estate closing. Joshua Li stated that these documents include 2 documents which indicate that the greenhouses were part of the original construction. Sean McCarthy responded that the original Certificate of Occupancy does not include the greenhouses. He stated that the Building Department records do not have any record of the greenhouses. The Chair asked if the Certificate of Occupancy includes the greenhouses. Sean McCarthy stated that the as-built survey is dated January 15, 1988 and the Certificate of Occupancy is dated January 11, 1988. He stated that there are no records in the Building Department to indicate when the greenhouses were constructed. Joshua Li provided photos to the Board. The photos showed the basement level of the greenhouses. The Chair stated that the foundation appears to be constructed after the main structure was built. He stated that the heating system was extended into the greenhouses after the original construction was completed. King Chi Li stated that there are no records of the existing work. He also stated that the Building Department has no records of the greenhouses. The Chair stated that the structures are illegal. He stated that the Board asked the applicant to present a smaller addition. He stated that the applicant has not reduced the proposed structure. King Chi Li responded that he wants to build the one-story addition on top of the existing foundation wall. He also stated that by building a smaller structure, the existing heating system also would have to be moved. The Chair stated that the foundation wall needs to be moved inward to construct something smaller. He stated that the applicant has done nothing to reduce the size of the structure. He stated that the Board is being asked to approve an illegal structure. The Chair asked if the Board had any other comments. APPROVED - Zoning Board of Appeals Meeting, November 14, 2007 2 �There were none. The Chair opened the public hearing. Since there were no public comments, Linda Moiron made a motion to close the public hearing. Timothy Judge seconded. It was unanimous. It was agreed to wait for the applicant’s architect to arrive so that options to reduce the proposed structure can be discussed. 3) Grotto Holding Corp 300 North Broadway Office Building - This is an application requesting variances from the Village Zoning Code to add and alter a vacant building and convert the building to an office building. The application would require the following variances: Front Yard setbacks (New Broadway) Required = 10.0 ft. Existing = 0.5 ft. Proposed = 0.5 ft. Front Yard setbacks (North Broadway) Required = 20.0 ft. Existing = 0.5 ft. Proposed = 0.5 ft. Rear Yard Setbacks Required = 20.0 ft. Existing = 8.8 ft. Proposed = 0.0 ft. Side Yard setbacks Required side yard = 10.0 ft. Existing side yard = 5.42 ft Proposed side yard = 1.42 ft. Buffer area Required side yard buffer = 5.0 ft. Proposed side yard buffer = 0-ft. Required parking spaces Required = 29 parking spaces Proposed = 21 parking spaces APPROVED - Zoning Board of Appeals Meeting, November 14, 2007 3 �Applications of regulations Adding to and altering an existing non-conforming building. Peter Koffler read the public notice aloud for the record. The Chair asked if the proof of mailings has been submitted to the Village. Sean McCarthy responded yes. David Barbuti is the project architect and is representing this application on behalf of the owner. The Chair stated that the Board has received the following: 1) Application dated June 18, 2007 2) Building plans dated September 21, 2007 David Barbuti gave a very brief overview of the proposed application. He stated that applicant is proposing to use this structure as an office building. He stated that proposed rear yard setback of 0-feet is due to the required construction of a handicapped ramp. He stated that the property has multiple front and rear yards based on the ordinance. He stated that the largest zoning request is for parking. The Chair stated that the variance is based on the existing structure. He stated that the Board needs to understand why the existing structure should continue to remain. David Barbuti responded that demolishing the building would not be the most cost-effective solution. The Chair stated that the applicant should address all of the requested variances. David Barbuti stated that the removal of the structure would not be financially feasible. He stated that the property has been before the Board a few times before. He stated that the previous approval included adding an additional floor to the structure for the construction of townhouses. The Chair asked the applicant to explain why a variance should be granted. David Barbuti responded that the structure is exists already. He stated that the zoning code requires 29 parking spaces. He stated that he is providing 21 spaces. He stated that the entire interior ground floor is being used for parking. Sean McCarthy gave a detailed explanation of the proposed project. He stated that the applicant is proposing a new covered entranceway on New Broadway. He stated that this new entranceway requires a front yard variance on New Broadway and rear yard variance on North Broadway. The Chair stated that the covered entranceway is extended the existing non-conformity. Sean McCarthy stated that the tower structure above the glass area also needs to be considered. He also reviewed the parking requirements. He stated that one space is required per 300sf. APPROVED - Zoning Board of Appeals Meeting, November 14, 2007 4 �Timothy Judge asked about the glass display area. David Barbuti responded that the display area will be used for office space. Peter Koffler asked about storing plumbing materials on site. David Barbuti responded that very little materials will be stored on site. Linda Moiron asked about the 5 required employee parking spaces. Sean McCarthy responded that the parking spaces are needed since employees will be parking on site. He stated that at least 5 employees will be parking on-site. He stated that the number of parking spaces for employees is based on the applicant’s data. There was an open discussion on the required employee parking spaces. The Chair stated that parking needs to address all of the employees parking needs. The Chair asked if the Board had any questions. There were none. The Chair opened the public hearing. Rosemarie McMannis (31 New Broadway) stated that she was unaware that the application is for office space. She presented photos to the Board that showed the existing parking problems in the area. She questioned how the property can accommodate multiple businesses. She submitted a petition from several neighbors objecting to the proposed development. Sonja Munroe (63 New Broadway) read a letter from several neighbors objecting to the proposed variance. She asked about the number of steps that will be constructed from North Broadway. David Barbuti responded 18 steps are proposed. Sonja Munroe responded that the visitors will park on New Broadway instead of climbing the steps. Larry Doyle (16 New Broadway) stated that his employees do not park on the public streets. He stated that demolishing the existing structure is too cost prohibitive. He stated that the property was built to hold cars and is well-built. He stated that he was a previous owner of the property and the cost to demolish the structure was estimated to cost $750,000. He stated that this property has been vacant for 13 years and needs to be improved. He stated that the Board needs to seriously consider granting these variances. Richard Kirby (64 New Broadway) stated that the proposed use can cause some traffic congestion in the area. He stated that the property needs to be improved but not at the risk of sacrificing the parking in the area. Heather Houston (22 Maple Street) stated that parking in the area is a large issue. Larry Doyle stated that the previous approval had all of the required parking but was not built based on the economics of the project. APPROVED - Zoning Board of Appeals Meeting, November 14, 2007 5 �Since there were no further public comments, Peter Koffler made a motion to close the public hearing. Timothy Judge seconded. It was unanimous (5-0). Linda Moiron stated that the density can be decreased to accommodate the parking variance. Sean McCarthy responded that the applicant can propose a different use for some of the space in order to reduce the parking need. David Barbuti stated that the proposed use is strictly office space. He stated that he is occupying part of the space as well. He stated that the number of proposed visitors is minimal. Diane Martello stated that once the variance is granted, it is too late to correct the parking problem. David Barbuti stated that tandem parking spaces were originally proposed to the Planning Board. The Chair stated that tandem parking will not be used by the employees. The Chair stated that the applicant should present financial records to demonstrate why demolishing the building is not financially practical. The Chair stated that the applicant needs to focus on the reasons why the Board should grant the parking variance. The Chair also stated that he is concerned with the volume of people at the building. The Chair stated that there might be other uses for part of this proposed space. Sean McCarthy responded that a showroom would take-up some of the space and might not require as much parking. Linda Moiron asked the applicant to provide the number of employees that occupy the office space. She requested that the applicant provide this information at the next meeting. David Barbuti requested that this application be adjourned to the next meeting. Peter Koffler made a motion to adjourn this application to the next meeting. Linda Moiron seconded. It was unanimous (5-0). 4) Gary McLean 282 North Washington Street Garage Replacement- This is a continuation from previous meetings. The Chair acknowledged the following additional information: 1) Letter from Village Engineer to the Board 2) Letter from Sean McCarthy to the Board 3) Minutes from previous Zoning Board meetings from 1985 and 1988 4) Letter from Michelle McLean concerning previous zoning approvals 5) Letter from Michelle McLean discussing storm water issues APPROVED - Zoning Board of Appeals Meeting, November 14, 2007 6 �Gary McLean also submitted a receipt from the drywell that was previously installed. Dan Pennella stated that 8.5 parking spaces are required and only 8 parking spaces exist. Gary McLean responded that there are at least 9 parking spaces currently on the property. Gary McLean stated that the existing drywell is sufficient to handle all of the site storm water. Timothy Judge asked about the proposed parking plan. Gary McLean responded that he shows 14 parking spaces Timothy Judge stated that the proposed parking plan will not allow emergency vehicles to access the property. Gary McLean responded that the driveway is less than 9’-6” and cannot accommodate an emergency vehicle. He stated that all of the properties in the area are built the same way and that emergency vehicles cannot access the properties in the area. The Chair reviewed the variance granted in 1988 for parking. He read the minutes from 1988 that approved the variance. He stated that the variance included converting the dairy space into livable space. The variance included the associated parking for these apartments. Gary McLean responded that the variance approved the parking plan based on the older version of the zoning code. The Chair asked if the drywell is sufficient to handle the proposed storm water. Sean McCarthy stated that the drywell is below ground and cannot be viewed. Gary McLean responded that the existing drywell has a capacity of 630 gallons. The Chair asked what is the proposed storm water need based on the proposed work. Jon Turnquist responded that he did not know. The Chair stated that the Board needs this information in order to make a decision. He also stated that the applicant needs to address the letter from the Village Engineer concerning parking. The Chair opened the public hearing. Matt McLarin (282 North Washington Street) stated that he lives in the house. He stated that there are never problems with parking on the site. He stated that the proposed changes would benefit his family and provide him with additional space. He stated that the proposed changes would be more aesthetically pleasing that the existing garage. Sean McCarthy asked the applicant to review the parking plan to provide 9 parking spaces. Gary McLean stated that the Village code is too stringent regarding the parking requirements. Linda Moiron disagreed. APPROVED - Zoning Board of Appeals Meeting, November 14, 2007 7 �Timothy Judge stated that additional information is needed to create a complete record to justify granting the variance. Gary McLean requested an adjournment to the next meeting. Peter Koffler made a motion to adjourn this application to the next meeting. Timothy Judge seconded. It was unanimous (5-0). Continued 2) Li 24 Anderson Avenue One-story addition - Jon Turnquist is the project architect and is representing this application along with the owners. Jon Turnquist stated that the foundation for the greenhouse was build when the main house was constructed. He stated that the basement area of the greenhouse contains the boiler and water heater for the main house. He stated that the boiler could not have been moved into this space after the main house was built. The Chair asked the applicant to explain why the foundation wall was disturbed to install the boiler. Jon Turnquist responded that he could not comment on the workmanship. The Chair stated that the applicant is requesting to legalize and extend an illegal structure. He stated that he is not willing to grant an approval on this large proposed structure. He stated that the applicant is not willing to reduce the size of the structure. Jon Turnquist asked if the applicant can replace the greenhouses since a Certificate of Occupancy exists. Sean McCarthy responded that a Certificate of Occupancy does not exist for the greenhouses. He stated that the applicant can appeal the Building Departments decision to the Zoning Board under a new application. The Chair stated that the applicant was told that a smaller variance should be presented to the Board. Jon Turnquist asked for an adjournment to the next meeting. The Chair responded that the applicant requested an adjournment at the last meeting and was supposed to present a reduced structure. King Chi Li stated that he only wants to replace the existing glass with a real roof and solid exterior. APPROVED - Zoning Board of Appeals Meeting, November 14, 2007 8 �The Chair stated that the applicant is not in favor of reducing the application. He stated that the application is out-of-character with the neighborhood. He stated that it is a self-created hardship. He stated that the variance is substantial. He stated that he would not approve the application. Jon Turnquist asked if the application is denied, can the application be re-submitted with a revised plan. The Chair responded that the application must be substantially smaller. Peter Koffler stated that the applicant did not present the need for the additional space. Jon Turnquist responded that the greenhouses lose a lot of heat in the winter and the roof also leaks. Timothy Judge made a motion to deny the application. Diane Martello seconded. Peter Koffler asked if the applicant fully understands what the Board is asking for. Jon Turnquist responded that his client understands what the Board is asking for. The application was unanimously denied (5-0). 5) Minutes from October 2007 meetings The minutes from the October 2007 meeting were reviewed. The Chair made a motion to approve the minutes as amended. Linda Moiron seconded. It was unanimous (5-0). 6) Other The Board unanimously agreed that there would not be a December 2007 meeting. Adjourned 10:45pm. APPROVED - Zoning Board of Appeals Meeting, November 14, 2007 9 � 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-2007 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_2007-11-14 Subject The topic of the resource Zoning Board Minutes & Resolutions-2007 Date A point or period of time associated with an event in the lifecycle of the resource 2007 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