1 25 5 https://sleepyhollow.localarchives.org/files/original/b68ad88b45c301a1eafd714f6af38ea7.pdf 28d2a48ca846fad9102ce4eb211074ac PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING - APPROVED December 16, 2009 The meeting was called to order by Peter Koffler, Acting Chairman at 8:17 pm. The Chair noted that a quorum was present. Present: Peter Koffler, Chairman Linda Moiron Timothy Judge Jennifer Lobato-Church M. Gorete Crowe Absent : None Also Present: Anthony DelVecchio (Recording Secretary) Sean McCarthy (Village of Sleepy Hollow/Building Inspector) Agenda: 1) Mildred Colon 8 Ridge Street 2) Gus Kringas 222 Beekman Avenue 3) Minutes March, July and September 2009 Legalize 2-family house Change of Use Announcements: None. 1) Mildred Colon 8 Ridge Street Legalize 2-family house- The Chair read the public notice aloud. The Chair asked if the proof of mailings was received. Sean McCarthy responded yes. The Chair stated that the Board has received the following: 1) Application 2) Letter to applicant’s attorney dated Oct 13, 2009 3) Short EAF 4) Zoning compliance form 5) Village Clerk’s ledger from 1952 Howard Dean is the attorney representing the applicant. Howard Dean stated that the applicant has been using the property for over 50 years as a 2family residence. He stated that the owner is in a nursing home and is not able to attend. He stated that he is requesting to legalize the property as a 2-family residence. �Howard Dean submitted a letter from Robert Ballog (Village Assessor) which stated that the property was classified as a 2-family residence. He also submitted Town records that indicated that the property is taxed as a 2-family residence. The Chair stated that the applicant is seeking a variance for a 2-family residence. He stated that the tax records indicate that the property was taxed as a 2-family residence. He stated that the applicant should address the criteria that must be met for a use variance to be granted. Howard Dean responded that the applicant needs the income generated from the 2-family residence to support her medical care. He stated that many of the neighboring houses are multifamily residences. He stated that by granting the variance, the neighborhood will not change. Timothy Judge asked about the location of the 2-dwelling units within the interior. He also asked if the egress is adequate. Sean McCarthy responded that he has not visited the house. He stated that there is no habitable space in the basement. Timothy Judge asked who occupies the residence. Howard Dean responded two tenants occupy the apartments. He stated that the owner has not lived in the house for a year. The Chair opened the public hearing. Since there was no public comment, the Chair made a motion to close the public hearing. Timothy Judge seconded. It was unanimous (5-0). Timothy Judge asked about the rental income on the 2 units. Howard Dean responded that he did not know the income generated. Linda Moiron asked if the house could be grand-fathered. Sean McCarthy responded that grand-fathering is not applicable to this application. Linda Moiron asked how far away from the R4 zone is this property. Sean McCarthy responded 2 parcels away. Timothy Judge asked about the potential hardship. He stated that the Board needs to know about the income and expenses for the property to determine if a hardship is applicable. The Chair stated that the criteria for a use variance need to be addressed. Howard Dean stated that the house has been used as a 2-family house for 50 years. He stated that no neighbors have opposed this variance request. Timothy Judge stated that the Board’s decision must have a basis. He stated that the income and expenses should be presented to the Board so that they have all of the facts in order to make a decision. APPROVED - Zoning Board of Appeals Meeting, December 16, 2009 2 �The Chair stated that the criteria should be specifically addressed. Howard Dean stated that the requested documents will be provided. Sean McCarthy stated that architectural floor plans of the interior should be provided showing compliance with the building code. Howard Dean requested an adjournment to the next meeting. The Chair made a motion to grant the adjournment to the next meeting. Timothy Judge seconded. It was unanimously approved (5-0). 2) Gus Kringas 222 Beekman Avenue Change of Use - Janet Gandolfo recused herself from this application. The Chair read the public notice aloud. The Chair asked if the proof of mailings was received. Sean McCarthy responded yes. Thomas McGarrity is an attorney and is presenting this application on behalf of the contract vendee, Gus Kringas. Thomas McGarrity stated that the owner has years of restaurant experience. He stated that there is no adverse effect on the neighborhood by allowing the applicant to operate a restaurant that serves alcohol. Gary Serina is the current property owner. He gave a historical overview of the property. He stated that in 2004, the property was fully-renovated. In 2006, the Lighthouse Coffee Company opened. He stated that as a result of the lack of development at the GM site, the business closed. He stated that the building is in severe financial hardship. He stated that the parking at lower Beekman Avenue has adequate parking to support this change in use. He also stated that this will be an upscale establishment. Gary Serina also stated that 95% of Beekman Avenue has food establishments. He discussed the C-2 and R-4 zoning districts. He compared Beekman Avenue to Main Street in Tarrytown and stated that the Village of Tarrytown has no empty storefronts. He also stated that there is no 200-foot rule in Tarrytown. He stated that there are 14 empty storefronts on Beekman Ave. The Chair asked about the arrangement. Gary Serina responded that Gus Kringas would be leasing the property. The Chair asked about 92 Beekman Ave. Gary Serina responded that Gus Kringas operated a similar business at 92 Beekman Ave but a fire forced him to close. He stated that Gus Kringas has a current liquor license. APPROVED - Zoning Board of Appeals Meeting, December 16, 2009 3 �Jennifer Lobato-Church asked how long the property was closed at 222 Beekman Ave. Gary Serina responded that the property was vacant for over 30 years. He stated that the property could not be worked on due to lack of funds. The Chair opened the public hearing. Guillermo Alvarez of 220 Beekman Ave stated that he has had problems with the local taverns for years. He stated that since the restaurant at 226 Beekman Ave re-opened there have been no problems. He stated that the coffee house was acceptable because it did not operate late in the evening. He stated that in the past, the property played very loud music and the cigarette smoke came right into his bedroom. Steve Maceyak 226 Beekman Ave stated that this application would be a stretch on the Village Zoning code. He stated that his property has operated as a tavern for over 38 years. He stated that the zoning code was created to protect local residents. Humphrey Hewitt of 56 Hudson Street stated that the zoning changes were made for a reason. He stated that there were previous problems from recent ownership. Guillermo Alvarez stated that parking is also an issue in the area. Since there was no further public comments, the Chair made a motion to close the public hearing. Timothy Judge seconded. It was unanimous (5-0). Thomas McGarrity asked if the Board requires any supporting documentation. The Chair stated that supporting documentation would be helpful. Gary Serina stated that there were problems in the area before the coffee shop opened. He stated that these 2 local taverns have existed for years in the same neighborhood. He submitted a letter from his mortgage company indicating that he is behind in his mortgage payments. Emma Serina stated that the deck cost $30,000 and she also took out a home equity loan in the amount of $75,000 to help with the renovations. She stated that the total debt owed is over $400,000. The Chair stated that the recent zoning change was completed in the 1997. He stated that the property is adjacent to the GM site which is unknown at this time. He stated that more information is needed to justify the need for a liquor license. He stated that the Board needs to see hard records to make a determination. Linda Moiron stated that the property could operate as a restaurant. Gary Serina responded yes. He stated that it would be difficult without the liquor license. Timothy Judge responded that the applicant could serve beer and wine instead of all liquor. APPROVED - Zoning Board of Appeals Meeting, December 16, 2009 4 �The Chair stated that the requirements for a use variance should also be addressed. He stated that the applicant should address the 200-foot rule as well as the R-4 zone restriction. A copy of the use variance requirements was provided to the applicant. Gary Serina requested an adjournment to the next meeting. The Chair made a motion to grant the adjournment to the next meeting. Timothy Judge seconded. It was unanimously approved (5-0). 3) Minutes March, July and September 2009 - The minutes from the March, July and September 2009 meetings were reviewed. The Chair made a motion to approve the minutes as amended. Linda Moiron seconded. It was unanimous (5-0). Adjourned 9:49 pm. APPROVED - Zoning Board of Appeals Meeting, December 16, 2009 5 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2009 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_2009-12-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-2009 Date A point or period of time associated with an event in the lifecycle of the resource 2009 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/15cad922045f28a8c15c494eed78c355.pdf 7da20ebb3e76903406c7bc7e3b114c5e PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING-APPROVED September 16, 2009 The meeting was called to order by Peter Koffler, Acting Chairman at 8:06 pm. The Chair noted that a quorum was present. Present: Peter Koffler, Chairman Linda Moiron Timothy Judge Jennifer Lobato-Church Gordon Swartz M. Gorete Crowe Absent : None Also Present: Anthony DelVecchio (Recording Secretary) Sean McCarthy (Village of Sleepy Hollow/Building Inspector) Agenda: 1) Emilie Sciarpellitti 2) Approval of minutes 3) Other 49 ½ New Broadway Installing new back deck Announcements: Sean McCarthy stated that tonight’s meeting will not be broadcast. 1) Emilie Sciarpellitti 49 ½ New Broadway Installing new back deck - The Chair read the public notice aloud. The Chair asked if the proof of mailings was received. Sean McCarthy responded yes. The Chair stated that the Board has received the following: 1) Application 2) Schematic drawing of proposed work Emilie and Anthony Sciarpelletti are the owners and are presenting this application. Emilie Sciarpelletti stated that several of their neighbors have rear decks. She stated that she wants to also construct a rear deck. Sean McCarthy stated that the application complies with the Zoning Code but the fact that the building does not comply with the zoning code, the variances are required. �Timothy Judge asked how long the owners have lived at the house. Emilie Sciarpelletti responded that her family has owned the house since 1960. The Chair asked if the deck would be used for recreational purposes. Emilie Sciarpelletti responded yes. Gordon Swartz stated that he visited the property. He stated that there are several larger decks on the neighboring properties. The Chair opened the public hearing. Since there was no public present, Gordon Swartz made a motion to close the public hearing. Timothy Judge seconded. It was unanimous (6-0). Gordon Swartz stated that stated that this application is consistent with other houses in the neighborhood. Jennifer Lobato-Church asked if the deck will span the entire rear of the house. Emilie Sciarpelletti responded no. Timothy Judge stated that he did not receive the short form EAF. Sean McCarthy responded that the form was completed. The Chair stated that the application is not out-of-character with the neighborhood. He stated that the variance is not substantial since the house is not conforming. He stated that the options to add additional space are extremely limited. He stated that there are no other feasible means to achieve the applicant’s goals. Gordon Swartz made a motion to approve the application as submitted. Timothy Judge seconded. It was unanimously approved (6-0). 2) Approval of minutes The minutes will be reviewed at the next meeting. 3) Other Gordon Swartz announced that this was his last meeting. He respectfully resigned. Adjourned 8:19 pm. APPROVED -Zoning Board of Appeals Meeting, September 16, 2009 2 � 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-2009 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_2009-09-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-2009 Date A point or period of time associated with an event in the lifecycle of the resource 2009 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/7f03081459292d1ecce62eb441ba2834.pdf 38aeb22cac998014e6a0bc41f03f8364 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING-APPROVED July 15, 2009 The meeting was called to order by Peter Koffler, Acting Chairman at 8:06 pm. The Chair noted that a quorum was present. Present: Peter Koffler, Chairman Linda Moiron Timothy Judge Jennifer Lobato-Church M. Gorete Crowe Gordon Swartz Absent : None Also Present: Anthony DelVecchio (Recording Secretary) Sean McCarthy (Village of Sleepy Hollow/Building Inspector) Agenda: 1) Christine Garcia 10 Gory Brook Road 2) Approval of minutes from May 2009 3) Other Front Porch Addition Announcements: Sean McCarthy stated that tonight’s meeting will not be broadcast. 1) Christine Garcia 10 Gory Brook Road Front Porch Addition- The Chair read the public notice aloud. The Chair asked if the proof of mailings was received. Sean McCarthy responded yes. The Chair stated that the Board has received the following: 1) Application 2) Plans of proposed work 3) Letter denying the building permit 4) Survey Sean McCarthy stated that this is a SEQRA Type II action. Ruben and Christine Garcia are the owners and are presenting this application along with their architect, Joanne Tall from Bond Street Architects. �Ruben Garcia stated that the existing front porch is too small and not functional. He stated that they want to add a roof to the porch so that it can still be used in inclement weather. He stated that the existing front porch is non-conforming. He stated that since Gory Brook Road is irregular, this is the least intrusive plan to achieve the owner’s goal. The Chair stated that the proposed porch is significantly larger than the existing porch. He asked about the rear of the property. Ruben Garcia responded that the read yard is very narrow. He stated that there is an existing rear deck. He stated that the rear neighbor has a large retaining wall that restricts what can be built in the rear yard. He submitted a photo for the record. He stated that the front porch has views of the Hudson River. Ruben Garcia stated that many neighbors socially interact with their front porches. He stated that it is in character with the neighborhood. Jennifer Lobato-Church asked if the existing rear deck could be covered to accomplish the same goals. Ruben Garcia responded that an additional variance would be required. He also stated that an egress window will be added in order to complete finishing the basement. Timothy Judge asked about the reason for finishing the basement. Ruben Garcia responded it would expand the current living area. Gordon Swartz asked if there is any other construction planned at the property. Ruben Garcia responded no. The Chair opened the public hearing. Since there was no public present, Gordon Swartz made a motion to close the public hearing. Timothy Judge seconded. It was unanimous (6-0). Gordon Swartz asked about the clearance between the porch and the side property line. Sean McCarthy responded 3.75 feet. Gordon Swartz asked if the immediate neighbors are aware of the proposed work. Christine Garcia responded that they spoke to the tenants who currently live next door. Gordon Swartz expressed concerns about setting a precedent. Timothy Judge asked if the steps could be turned so that the steps are recessed back into the porch to minimize the side yard impacts. The Chair asked about the square footage of the new porch. Joanne Tall responded 900sf The Chair asked about the footprint of the house. APPROVED - Zoning Board of Appeals Meeting, July 15, 2009 2 �Joanne Tall responded 829sf. M. Gorete Crowe asked about the need for the second side steps. Joanne Tall responded that they can access the rear yard without going thru the entire house. M. Gorete Crowe questioned the need for the second set of steps. Timothy Judge asked if there is another method that can be used to accomplish the same goals. Christine Garcia responded there are many existing houses with the same type of porch configuration. The Chair confirmed that the porch is used for recreation. He questioned whether this could be put on the rear of the house. Ruben Garcia responded that a variance would be required in the rear of the house. Joanne Tall stated that the rear of the house looks directly at the neighbor’s retaining wall. Christine Garcia asked if the clearance of the steps on the side yard was the main issue. Gordon Swartz responded yes. Jennifer Lobato-Church asked about the width of the stairs. Ruben Garcia responded 4-feet. Timothy Judge stated that the side stairs are too close to the neighbor’s property. Gordon Swartz asked about the large tree in the front of the property. Ruben Garcia responded that the tree is dying and the Village Tree Commission has granted permission to remove it. Linda Moiron asked if there is a fence between the neighbors. Christine Garcia responded that there is not a fence in the area near the stairs. She stated that they do not use this part of the property. The Chair asked if there are any other alternatives that the applicant can propose to minimize the impact of the side stairs. Christine Garcia responded that they discussed moving the stairs inward but that would reduce the walking space and a gate would be needed for the safety of the children. The Chair stated that the stairs could be moved inward 2-feet to lessen the encroachment on the neighbor. The Chair asked if the Board had any other questions. There were none. The Chair asked if there was a feasible alternative to mitigate the encroachment of the stairs on the side yard. He stated that he is not convinced that all alternatives have been explored. Timothy Judge stated that the encroachment on the side yard is significant. He stated that the APPROVED - Zoning Board of Appeals Meeting, July 15, 2009 3 �variance is self-created. He concurred with the Chair. The Chair stated that the Board could take a vote tonight but if the application is turned down, the application cannot reappear for 6 months. Timothy Judge stated that the egress window is almost the same distance from the side yard as the new porch. Linda Moiron stated that the Board does not meet in August so the next meeting is in September. This item was temporarily adjourned so the applicant can evaluate alternatives. This was adjourned to later in the meeting. 2) Minutes from May 2009 The minutes from the May 2009 meeting were reviewed. Gordon Swartz made a motion to approve the minutes as amended. Linda Moiron seconded. It was unanimous (5-0 Lobato-Church abstained). 3) Other – The Chair welcomed the 2 new members to the Board. The Chair acknowledged Eliot Martone is resigned from the Board, and thanked him for his many years of service to the Village Zoning Board. 1) Garcia (Continued) Ruben Garcia stated that the side stairs have been eliminated from the proposal. The Chair asked if the space would be straight with a railing. Ruben Garcia responded yes. Gordon Swartz made a motion to approve the application as amended. The Chair stated that the application does not appear out-of-character with the neighborhood. He stated that the variance is not relatively substantial. He stated that there does not appear to be other feasible means to achieve the applicant’s goals. He seconded the motion. It was unanimously approved (6-0). Adjourned 9:17 pm. APPROVED - Zoning Board of Appeals Meeting, July 15, 2009 4 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2009 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_2009-07-15 Subject The topic of the resource Zoning Board Minutes & Resolutions-2009 Date A point or period of time associated with an event in the lifecycle of the resource 2009 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/842969ff13614f7157d4f195b3d96165.pdf 2052aadb73a5b9430d256c7a0a771722 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING-APPROVED May 20, 2009 The meeting was called to order by Peter Koffler, Acting Chairman at 8:07 pm. The Chair noted that a quorum was present. Present: Peter Koffler, Acting Chairman Linda Moiron Timothy Judge Eliot Martone Gordon Swartz Absent : None Also Present: Anthony DelVecchio (Recording Secretary) Shailesh Naik (Charles Manganaro Associates/Village Engineer) Agenda: 1) James and Nina Ferris 7 Francis Street One story to front of residence 2) Other 3) Peter and Robin Koffler 150 Harwood Ave Addition 4) Approval of minutes from the November 2008 and January and March 2009 meetings 5) Election of Chairman Announcements: The Acting Chairman stated that one Board member is coming late. He stated that since there are only 4 members currently present, a unanimous vote is required to pass any application. 1) James and Nina Ferris 7 Francis Street One story to front of residence - This is an application for variances from Chapter 62 of the Code of the Village of Sleepy Hollow. The proposal is to convert a construct a one story addition to the structure, where the following variances are required: Lot Size Existing lot size = 2029sf Minimum lot size = 4000sf Lot Width Existing lot size = 25ft Minimum lot size = 40ft Front Yard setback Existing front yard setback = 5.9 ft Minimum front yard setback = 20.0 ft �Side Yard setback Existing side yard setback = 3.1 ft Minimum side yard setback = 5.0 ft Combined Side Yard setback Existing combined side yard setback = 3.9 ft Minimum combined side yard setback = 15.0 ft Building Coverage Existing building coverage = 38.5 % Maximum building coverage = 35% Accessory Structure Existing rear yard setback = 1.5ft Required rear yard setback = 3.0 ft The Chair read the public notice aloud. The Chair asked if the proof of mailings was received. Shailesh Naik responded that he could not verify that all of the mailings were sent out. James Ferris is the owner and is presenting this application. The Acting Chair stated that the Board has received the following: 1) Zoning Compliance form 2) Short EAF 3) Letter denying the building permit 4) Survey James Ferris provided a packet of photos to the Board. He stated that he would like to replicate the recent addition that his neighbor performed. He stated that his neighbor added a powder room to square off the house. Linda Moiron asked about the size of the windows. James Ferris responded that the window will be the same as the neighbors. Eliot Martone asked about the size of the room. James Ferris responded 14-feet. Eliot Martone made a motion to open the public hearing. The Acting Chair seconded. It was unanimous (4-0 Swartz absent). Since there was no public comment, the Acting Chair made a motion to close the public hearing. Eliot Martone seconded. It was unanimous (4-0 Swartz absent). APPROVED - Zoning Board of Appeals Meeting, May 20, 2009 2 �The Acting Chairman reviewed the conditions for granting an area variance. He stated that the application is not out-of-character with the neighborhood. He also stated that this is the only location that the powder room and bathroom can be installed. He stated that the application is the minimal variance that can be granted and that it is not a self-created hardship. The Acting Chairman made a motion to approve this application as submitted with the condition that the mailings be verified. Linda Moiron seconded. It was unanimous (4-0 Swartz absent). The meeting was temporarily suspended so that the Board could wait for Gordon Swartz to arrive. The meeting was suspended at 8:20pm. The meeting resumed at 8:33pm. 2) Other Eliot Martone made a statement of appreciation to former ZBA Chairman, Robert Anello. 3) Peter and Robin Koffler 150 Harwood Ave Addition - This is an application for variances from Chapter 62 of the Code of the Village of Sleepy Hollow. The proposal is to convert a construct a one story addition to the rear of the structure and a second floor addition to the front of the structure, where the following variances are required: Floor Area Ratio (FAR) Existing FAR = 32 % Maximum FAR = 27% Proposed FAR = 34% Lot Coverage Existing lot coverage = 19.7% Maximum lot coverage = 20% Proposed lot coverage = 20.7% Peter Koffler recused himself from this application. Gordon Swartz assumed the role of Acting Chairman. Timothy Judge read the public notice aloud. The Acting Chair asked if the proof of mailings was received. APPROVED - Zoning Board of Appeals Meeting, May 20, 2009 3 �Shailesh Naik responded that he could not verify that all of the mailings were sent out. Peter Cole is the project architect and is presenting this application along with Peter Koffler. The Acting Chair stated that the Board has received a complete application. Peter Cole summarized the project. He stated that the kitchen is quite small. He also stated that there is not a master bathroom or any closets in the master bedroom. He stated that the rear of the house would be extended to expand the kitchen. He stated that the second floor addition would permit the addition of a master bathroom and closets. He stated that efforts were taken to try and add the space without any variances. He stated that the property is already over the Village code regarding FAR. Peter Cole stated that the lot coverage increase is minimal. He also stated that there will be no environmental impacts as a result of this application. He also stated that the addition will blend in with the rest of the house. Eliot Martone made a motion to open the public hearing. Timothy Judge seconded. It was unanimous (4-0 Koffler abstained). The Acting Chair noted that there was no public present. Eliot Martone made a motion to close the public hearing. Timothy Judge seconded. It was unanimous (4-0 Koffler abstained). Timothy Judge asked if the footprint of the walls or hallways were evaluated to see if the addition could be accomplished another way. Peter Cole responded that the house has hardwood floors that would have to be altered to accommodate interior changes. He stated that the interior alterations would be cost-prohibitive. Eliot Martone asked about the roof line. Peter Cole responded that the hip roof style will be maintained in the front. Linda Moiron asked how much size is being added to the house. Peter Cole responded 300-feet. Timothy Judge stated that this is not a self-created hardship. Eliot Martone stated that this is in keeping with the neighborhood. He also stated that there are no environmental impacts and that the application is not out-of-character with the neighborhood. He also stated that the application is the minimal variance that can be granted to meet the applicants needs. The Acting Chairman reiterated the recommendations of Timothy Judge and Eliot Martone. He stated that the house is one of the original houses in the Manor. He stated that the applicant has evaluated other means to try and accomplish the same improvements without requiring a variance. APPROVED - Zoning Board of Appeals Meeting, May 20, 2009 4 �Timothy Judge made a motion to approve this application as submitted with the condition that the mailings be verified and subject to ARB approval. Linda Moiron seconded. It was unanimous (4-0 Koffler abstained). 4) Approval of minutes from the November 2008 and January and March 2009 meetings The minutes will be reviewed at the next meeting. 5) Election of Chairman Eliot Martone nominated Peter Koffler as Chairman. Gordon Swartz seconded. It was unanimous (5-0). Eliot Martone nominated Gordon Swartz as Vice-Chairman, Linda Moiron seconded. It was unanimous (5-0). Adjourned 8:59 pm. APPROVED - Zoning Board of Appeals Meeting, May 20, 2009 5 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2009 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_2009-05-20 Subject The topic of the resource Zoning Board Minutes & Resolutions-2009 Date A point or period of time associated with an event in the lifecycle of the resource 2009 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/f028a67802bf5ee9d347ed7a18dd52cb.pdf 8c17b78e2c30231ef370f7574027ec7f PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED March 18, 2009 The meeting was called to order by Peter Koffler, Acting Chairman at 8:12 pm. The Chair noted that a quorum was present. Present: Peter Koffler, Acting Chairman Eliot Martone Linda Moiron Gordon Swartz Absent : Robert Anello, Chairman Timothy Judge Also Present: Anthony DelVecchio (Recording Secretary) Sean McCarthy (Village Architect/ Village of Sleepy Hollow) Agenda: 1) Stephen Maceyak 226 Beekman Avenue Proposed alterations & additions 2) Approval of minutes from November 2008 and January 2009 Announcements: There was a moment of silence for Diane Martello. 1) Stephen Maceyak 226 Beekman Avenue Proposed alterations & additions - This is an application for an area variance that has the following non-compliances: Front yard set back – (Beekman Ave) required = 20.0 ft. (Beekman Ave) existing = 0.5 ft. (Beekman Ave) proposed = 0.0 ft. Front yard set back – (Hudson Street) required = 10.0 ft. (Hudson Street) existing = 0.0 ft. Side Yard – Required = 3.0 ft Existing = 0.0 ft Rear Yard – Required = 20.0 ft. Existing = 13.5 ft Proposed = 11.5 ft �Parking Required = 20 parking spaces Existing = 0 parking spaces Coverage – Maximum permitted = 60.0% Existing = 64.0% Proposed = 72.0% Loading spaces – Required = 1 Existing = 0 Stephen Maceyak is the owner and is representing this application along with his family. The public notice was read aloud. The Chair asked if the proof of mailings was received. Sean McCarthy responded yes. The Chair noted that the Board has received the following: 1) application 2) revised survey 3) public notice Stephen Maceyak gave a brief history of the property. He stated that he wants to clean-up the property. He stated that he is working with the Village on the façade improvement program. He presented a front elevation to the Board. He stated that the propose 4-foot build-out would conform to other properties in the area. He stated that the front entrance will be renovated to add windows and to replace the front door. He stated that part of the expansion would include a barbeque area. Gordon Swartz asked if the entrance on Beekman would be removed. Stephen Maceyak responded no. He stated that the entrance will remain. He stated that one of the interior bathrooms will be converted to a handicap bathroom. He also stated that the handicapped entrance/exit would be thru the kitchen area. The Chair asked about the second floor. Stephen Maceyak responded that there are 3 studio apartments upstairs. He stated that the property was originally a rooming house but was legally converted years ago. The Chair asked about the back lot. Stephen Maceyak responded that the back lot is not used for anything. APPROVED - Zoning Board of Appeals Meeting, March 18, 2009 2 �The Chair asked if the rear neighbors are aware of the proposal. Stephen Maceyak responded yes. He stated that he has excellent neighbors. There was an open discussion on the rear yard distance noted on the submitted drawings. The Chair asked about the purpose of the addition. Stephen Maceyak responded that the addition would increase the size of the kitchen. He stated that the existing kitchen is 12’x16’. He stated that the proposal will increase the kitchen for additional equipment. Linda Moiron stated that since there is only a 1-story addition, proper ventilation will be installed. Stephen Maceyak responded yes. Linda Moiron asked if additional seating would be added. Stephen Maceyak responded no. He stated that windows would be added so that customers could look at the river. He stated that the occupancy is for 85 persons. Sean McCarthy responded that the actual occupancy will probably be reduced based on the current building code. He stated that the actual number will be evaluated when the applicant applies for a Certificate of Occupancy. There was an open discussion on the extension on Beekman Avenue. Gordon Swartz asked why the porch was needed. He stated that the porch was more decorative. Stephen Maceyak responded that the front extension is needed because there is not a lot of room in the bar area. He stated that it is not a porch. Linda Moiron asked if the entrance would be covered. Stephen Maceyak responded yes. Gordon Swartz stated that the applicant is moving the property outward to increase the ingress and egress. Stephen Maceyak responded that there is less than 2-feet of access in the front area. Sean McCarthy stated that this property is located in an R-4A zone. He stated that the neighboring properties are in a C-2 zone which would permit the property to have a 0-ft front yard setback. Gordon Swartz asked if there was a danger having the kitchen being a means of egress. Sean McCarthy responded that since the sprinkler system was also being enhanced, it is safe to have people exit thru the kitchen. The Chair asked about parking on the property. Stephen Maceyak responded that there is basically no parking on-site. Gordon Swartz asked about deliveries. APPROVED - Zoning Board of Appeals Meeting, March 18, 2009 3 �Stephen Maceyak responded that delivery trucks park on Beekman Ave. He also stated that there is an unused curb cut that delivery trucks can use to unload. Eliot Martone made a motion to open the public hearing. Gordon Swartz seconded. It was unanimous (4-0). Since there were no public comments, Eliot Martone made a motion to close the public hearing. Gordon Swartz seconded. It was unanimous (4-0). The Chair stated that since there were only 4 members present, the Board had to be unanimous for the application to be approved. The Chair stated that the front addition would be aligned with the neighboring properties. He also stated that there are no parking spaces or loading spaces. He stated that by making the improvements, this problem might be increased. Stephen Maceyak responded that parking has never been a problem. The Chair asked if the kitchen was a functional kitchen. Stephen Maceyak responded that there will be a lot more room to expand the menu and provide a full menu. Gordon Swartz stated that the previous occupant had a full menu. Stephen Maceyak responded that the previous occupants could not make the restaurant work profitably. He stated that he is trying to clean-up the property and make it operate more effectively. Gordon Swartz asked if the kitchen footprint expand. Stephen Maceyak responded yes. He showed where the new equipment would be located. He stated that in the past, he had a refrigerator and freezer in the basement. The Chair stated that although the non-conformity is increasing, it does not appear to be out-ofcharacter with the neighborhood. He also stated that the requested variances seem to be the minimal variances needed to make the kitchen function as desired and the application satisfied an over-all balancing test of benefit-to-detriment. The Chair made a motion to grant the variances as proposed. Linda Moiron seconded. It was unanimous (4-0). 2) Minutes from November 2008 and January 2009 meetings The minutes from the November 2008 and January 2009 meeting will be reviewed at the next meeting. Adjourned 8:59 pm. APPROVED - Zoning Board of Appeals Meeting, March 18, 2009 4 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2009 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_2009-03-18 Subject The topic of the resource Zoning Board Minutes & Resolutions-2009 Date A point or period of time associated with an event in the lifecycle of the resource 2009 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