1 25 6 https://sleepyhollow.localarchives.org/files/original/94db77ff0c1b2e0e774a43c887a784b5.pdf 952f16aef7f50ddad6c3591748b20745 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING - APPROVED December 15, 2010, 2010 The meeting was called to order by Peter Koffler, Chairman at 8:06 pm. The Chair noted that a quorum was present. Present: Peter Koffler, Chairman Linda Moiron Jennifer Lobato-Church Timothy Judge Sherry Bishko Michael Wernick Absent : M. Gorete Crowe Also Present: Anthony DelVecchio (Recording Secretary) Sean McCarthy (Village of Sleepy Hollow/Building Inspector) Janet Gandolfo (Village Attorney) Agenda: 1) Laurentino Rodrigues 172 Valley Street 2) Ramon & Debra Misle 75 College Avenue 3) Minutes for May, June, July and September 2010 Mixed use structure Convert 2-family to 3-family Announcements: None. 1) Laurentino Rodrigues 172 Valley Street Mixed use structure - William Simeoforides is the project architect representing this application along with owner Laurentino Rodrigues. Public notice was read aloud. Sean McCarthy stated that proof of public notice has been received. William Simeoforides gave an overview of the proposed project. He stated that there are 4 units proposed over a small office space. He spoke about the 10 parking spaces that are proposed on Valley Street. He stated that 10.6 spaces are required. William Simeoforides stated that the Floor Area Ratio variance is needed because of the space allocated to meet the parking requirement. He also stated that the commercial loading space is required but would not be needed because the commercial space will only be for a small office. �He stated that there are 4 compact spaces and 6 full size parking spaces proposed with this application. The Chair asked about the parking calculations. William Simeoforides responded that the calculation is based on the number of residential bedrooms and the square footage of the commercial space. He said its 1 parking space for every 300sf. He stated that a reduction of 200sf in the commercial space would not require the parking variance. He stated that the commercial space is already narrow and small already. Tim Judge asked about the potential future use of the space. Laurentino Rodrigues responded that it will always be used as an office space. Sean McCarthy responded that Board approval could set a condition to make this permanent office space. Linda Moiron stated that the zoning compliance form only shows 5,129 sf. Sean McCarthy responded that he has an updated compliance form. William Simeoforides stated that without the parking and mechanical spaces the floor area is 5,512sf. Linda Moiron asked about the last application for this property. Sean McCarthy responded that the last application was submitted in 2003 and the Board denied the request. He also stated that a use variance was part of the prior request. The Chair asked if the Board had any further questions. There were none. The Chair made a motion to open the public hearing. Linda Moiron seconded. It was unanimous (6-0). Jose Shivare of 70 Depeyster Street opposed the project. He stated that many tenants will not want to pay for parking and will park on the street. He stated that the size of the project is too much for the area. He also stated that there are empty store fronts up the block and adding more commercial space in the area will not help the community. Mrs. Shivare stated that the current property is an eyesore but the proposed structure is not in character with the Village. Since there were no further public comments, the Board adjourned the public hearing. Timothy Judge asked if ARB approval is needed. Sean McCarthy responded that the application is currently before the Planning Board and it was already reviewed by the Waterfront Advisory Committee. He stated that ARB review is also needed. APPROVED - Zoning Board of Appeals Meeting, December 15, 2010 2 �The Chair stated that the FAR variance is substantial. He stated that the parking variance is not large but he feels that other options can be further explored. Jennifer Lobato-Church stated that the proposed structure is out-of-character with other houses in the area. She stated that the one parking space and one loading area are required. Sherry Bishko asked about the size of the turrets William Simeoforides stated that turret and staircase is about 190sf. Linda Moiron asked about the height of the structure. William Simeoforides responded to the top of the turret is 25-feet. It was agreed that there was a discrepancy in the reported 37-foot height reported on the zoning compliance form. Michael Wernick asked if the commercial space could be better blended in with the residential community. William Simeoforides responded that he was trying to keep the two spaces separate. There was an open discussion on restricting the parking spaces to tenants. It was agreed that the parking can be restricted to tenants. The Chair made a motion to adjourn this application for one month so that the Board can visit the area and the applicant can explore other options. Timothy Judge seconded. It was unanimous (6-0). 2) Ramon & Debra Misle 75 College Avenue Convert 2-family to 3-family - John Tucciarone is an attorney representing this application along with the owner. Public notice was read aloud. Sean McCarthy stated that proof of public notice has been received. The Chair recused himself from this application. Timothy Judge is Acting Chairman for this application. John Tucciarone stated that this property was purchased in 1985 and is currently being used as a 3-family property. He stated that there were no recent violations or complaints on the property. He stated that the current parking required is 6 spaces and only 3 are proposed. He stated that there is no adverse impact on the neighborhood. He stated that the property has been used as a 3family for 47 years. John Tucciarone stated that when the property was purchased in 1985, Jim Margotta made an inspection of the property and did not indicate that there was an issue with the occupancy. APPROVED - Zoning Board of Appeals Meeting, December 15, 2010 3 �Ramon Misle stated that he is only trying to get a Certificate of Occupancy to comply with the law. He stated that he is retired and needs the income from the additional apartment. Michael Wernick asked if the property is taxed as a 3-family property. Janet Gandolfo responded that 2 and 3-family properties are taxed under the Homestead Rate unless the Tax Assessor finds something different. The Acting Chair asked why the recent inspection was needed. Sean McCarthy responded that all properties over 2 family units required an inspection every 3years. He stated that during the inspection the additional apartment was discovered. He also stated that a search of Village documents showed that as of 1996, the property was noted as a 2family house. He stated that the title report from the purchase back in 1985 showed that the property was a 2-family property. There was an open discussion on the tax records and the Village Building Dept records. Ramon Misle asked if his property was supposed to be a 2-family property, why did the Village want to inspect the property. He stated that the Village knew that the property was a 3-family property. The Acting Chair made a motion to open the public hearing. Sherry Bishko seconded. It was unanimous (5-0 Koffler abstained). Armando Gallella of 42 Depeyster St stated that the house was a 3-family house and the Board should approve the application. Since there were no further comments, the Board adjourned the public hearing. The Acting Chairman stated that the Building Permit from 1979 indicates that the house is noted as a 2-family house. Linda Moiron stated that the property is not being grandfathered as a 3-family house. She stated that the requested variances should be reviewed. Jennifer Lobato-Church stated that the parking variance will create an undesirable change to the neighborhood. She stated that parking is congested in the area. Janet Gandolfo stated that the applicant could present a plan to rent the additional spaces from another location. The Acting Chairman asked about the number of vehicles currently at the property. Ramon Misle responded there are 4 cars on the property now. The Acting Chairman referred to the property survey. He asked if the parking configuration could be altered to create the required parking. APPROVED - Zoning Board of Appeals Meeting, December 15, 2010 4 �Sean McCarthy responded based on the dimensions of the rear yard, only 3 parking spaces can be created. He stated that there is an easement for the apartment building behind the property and the easement cannot be blocked. The Acting Chairman made a motion to adjourn this application so that the applicant can explore the possibility of renting the required parking spaces needed to convert the property to a 3-family property. Michael Wernick seconded. It was unanimous (5-0 Koffler abstained). 3) Minutes for May, June, July and September 2010 The minutes for the May, June, July and September 2010 meetings will be reviewed at the next meeting. The Board discussed the possibility of having the recorded video tape as the official record and not keeping minutes. Adjourned 9:49 pm. APPROVED - Zoning Board of Appeals Meeting, December 15, 2010 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-2010 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_2010-12-15 Subject The topic of the resource Zoning Board Minutes & Resolutions-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 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/3806f4cee03b1b64ae5ee07b29af04a0.pdf f61b75682328eb80bdea898fc150cf8a PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING - APPROVED September 15, 2010 The meeting was called to order by Peter Koffler, Chairman at 8:06 pm. The Chair noted that a quorum was present. Present: Peter Koffler, Chairman Linda Moiron Jennifer Lobato-Church M. Gorete Crowe Timothy Judge Sherry Bishko Absent : None Also Present: Anthony DelVecchio (Recording Secretary) Sean McCarthy (Village of Sleepy Hollow/Building Inspector) Janet Gandolfo (Village Attorney) Agenda: 1) Herbert & Javanika Weltig 14 Merlin Ave 2) Collette Weinstein 41 Amos St 3) Antonio Soares 64 Depeyster St 4) Minutes for May, June and July 2010 New addition Addition and alterations Appeal/legalize 3-family dwelling Announcements: None. 1) Herbert & Javanika Weltig 14 Merlin Ave New addition - The public notice was read aloud. This is an application for an area variance. 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) Survey 3) Building plans 8-20-2010 A representative from the architects office presented this application on behalf of the owners. He gave an overview of the proposed changes. He stated that the proposed changes would project 3-4 feet westward from the current location of the screened porch. �The Chair noted that even with the increase, the side yard setback is still being met. The Chair opened the public hearing. Since there were no public comments, the Chair closed the public hearing. The Chair stated that the proposed variances are minimal. He stated that the improvements will make the house look much nicer. He stated that the improvements will not make an undesirable change to the neighborhood. The Chair made a motion to approve the application as submitted. Tim Judge seconded. It was unanimous (5-0). 2) Collette Weinstein 41 Amos St Addition and alterations - The public notice was read aloud. This is an application for an area variance. The Chair noted that the Board had received the following: 1) Application 2) Building plans 8-19-2010 The Chair asked if the returns were received. Sean McCarthy responded yes. Javier Taborga is the project architect and is representing the application on behalf of the owner. Javier Taborga gave an overview of the proposed application. He stated that the extension will be made to the rear of the house. He stated that the existing house is very small and this extension will make the house more functional. The Chair opened the public hearing. Since there were no public comments, the Chair closed the public hearing. The Chair stated that the proposed variances are minimal. He stated that the improvements will not make an undesirable change to the neighborhood. Tim Judge made a motion to approve the application as submitted. The Chair seconded. It was unanimous (5-0). APPROVED - Zoning Board of Appeals Meeting, September 15, 2010 2 �3) Antonio Soares 64 Depeyster St Appeal/legalize 3-family dwelling- Richard Blancato is an attorney representing this application on behalf of the applicant. Public notice was read aloud. Richard Blancato stated that his client purchased the property back in 1964. He stated that back in 1970, the owner made improvements to the property to create a 3-family house. He stated that the owner filed the required building permits for the work. He also stated that the Village and Town increased the property taxes on the property at that time. Richard Blancato stated that the R-5 zone permits 3-family houses but it requires 5000sf. He stated that the property only has 4125sf. He stated that there are no records regarding whether a variance was granted back in 1970-1972. The Chair asked if the original building permit application from the 1970 completed work was available. Richard Blancato responded no. Richard Blancato responded that there is one apartment in the basement, one on the 1st floor and one on the 2nd floor. Lobato-Church asked about the The Chair referred to the Village Building Inspector to discuss the information that the Village has on file for this property. Sean McCarthy presented a document dating back to 1964. He stated that the property was a 2family. He stated that the assessment records are not a legalization tool. He stated that prior to 1968, the property was a 1-family house. He stated that it was converted over the years to become a 4-family house. The Chair asked if there is a Certificate of Occupancy on the property. Sean McCarthy responded no. He stated that the building owner took out a permit to rebuild an extension on the property. He submitted copies of the plans Sean McCarthy presented the Board with copies of the 1970 Con Ed survey indicating that there are 2 meters. He presented another Fire Underwriters Sean McCarthy In Nov 1972, Con Ed was requested to install a gas meter. The permit indicates that the property is a 2-family house. Sean McCarthy stated that in 1973, the owner took out a permit to fix the driveway. In 1981, there was an underwriters certificate to install 2 more electric meters at the property. He stated that a total of 5 meters were installed. Another document described the reason was to meter the landlord usage and rear basement unit separately. APPROVED - Zoning Board of Appeals Meeting, September 15, 2010 3 �Sean McCarthy stated that in 1986, the Village was re-assessed. He stated that the assessor noted that there were 4 apartments at that time. Jan 2003, a letter was written to the owner from Bob Stiloski. The letter asked the owner to explain why there were 4 units on the property when the Village records only indicated that there were 2 legal units. Earlier this year, a notice of inspection was sent to the property owner. The property was inspected and found to have the illegal apartments. He stated that the owner did not respond so a violation was issued. He stated that right before the compliance deadline, the owner filed a permit to remove the rear basement apartment. The building permit was issued. He submitted a copy of the survey that showed the property to be a nonconforming property. The Chair asked the Village Attorney regarding the public notice. Janet Gandolfo responded that since the applicant has not specifically requested any variances, the public would have to be re-noticed. Richard Blancato stated that the basement apartment existed prior to the current owner purchasing the property. He stated that in 1970, the property was listed as a 2-family house. He stated that in 1972, the property was altered to a 3-family house. He stated that the change to a 4-family residence was illegal and was removed by the owner. He stated that the only variance needed would be for the upstairs (2nd floor) unit. He stated that the property would require an area variance. The Chair responded that the required variances The Chair made a motion to open the public hearing. Annette Soares (owners daughter) has lived at the property all her life. She stated that there was always an apartment in the basement. She stated that they are trying to track down the previous owners. Antonio Soares (owners son) stated that he lived in the basement apartment. He stated that he also lived in the house his entire life. He stated that it was always a 3-fmaily house. Margaret Luckavic lived in the house for 31 years as a tenant. She stated that it was always a 3-family house since she lived at the property. The Chair stated that the issue is whether it was ever a legal 3-family residence. He asked if the attorney who did the closing was contacted. Richard Blancato responded that the attorney was deceased. The Chair asked if the property was ever financed. APPROVED - Zoning Board of Appeals Meeting, September 15, 2010 4 �Richard Blancato responded that he also tried to find out that information. He stated that there is no mortgage on the property. The Chair stated that the owner knowingly made the illegal 4th apartment. Richard Blancato stated that the building inspectors were more lax than today. The Chair asked about the owners response to the 2003 letter from Bob Stiloski. Richard Blancato responded that the owner presented the information to Bob Stiloski and the matter was dropped until 2010. The Chair stated that the application is lacking data to support that the property is legally more than a 2-family residence. He stated that the Village has detailed enough information in the building folder to support its position. He commended the Village Building Inspector for his diligent research. He stated that the owner loses credibility when he made the property a 4-family dwelling without a building permit. He made a motion to deny the request for an appeal of the Building Inspectors determination. Lobato-Church seconded. It was unanimous (6-0). 4) Minutes for May, June and July 2010 The minutes for the May, June and July 2010 meetings will be reviewed at the next meeting. Adjourned 9:10 pm. APPROVED - Zoning Board of Appeals Meeting, September 15, 2010 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-2010 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_2010-09-15 Subject The topic of the resource Zoning Board Minutes & Resolutions-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 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/59462704261d82d5330fbf617d3730b7.pdf 6b31e4f3476074feea499bde5499ebed PDF Text Text The meeting was called to order by Peter Koffler, Chairman at 8:04 pm. The Chair noted that a quorum was present. Present: Peter Koffler, Chairman Linda Moiron Timothy Judge Jennifer Lobato-Church Sherry Bishko Absent : M. Gorete Crowe Also Present: Anthony DelVecchio (Recording Secretary) Sean McCarthy (Village of Sleepy Hollow/Building Inspector) Janet Gandolfo (Village Attorney) Eileen Feliciano (Stenographer) Agenda: 1) Antonio Soares 2) Emma Serina 64 Depeyster St 222 Beekman Ave Legalize 3-family residence Change of Use 3) Minutes for May 2010 Announcements: None. 1) Antonio Soares 64 Depeyster St Legalize 3-family residence- Richard Blancato is an attorney representing this application on behalf of the applicant. He stated that the notice will be changed to reflect the applicants request for an interpretation and if the interpretation is denied, the applicable variances will be sought. He stated that the notice will be changed and properly distributed for the next meeting. At the applicants request, this was adjourned to the next meeting. 2) Emma Serina 222 Beekman Avenue This is a continuation from previous meetings. Please see stenographer transcription for details on this application. Change of Use - �This was adjourned to the next meeting. 3) Minutes for May 2010 - The minutes for May 2010 will be reviewed at the next meeting. Adjourned 8:38 pm. � 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-2010 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_2010-06-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 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/01cf8c4fcbb5d92318b0a10b3510245f.pdf 5ef09549e83089bba2783e553c329ae7 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING - APPROVED May 19, 2010 The meeting was called to order by Peter Koffler, 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 Sherry Bishko Absent : None Also Present: Anthony DelVecchio (Recording Secretary) Sean McCarthy (Village of Sleepy Hollow/Building Inspector) Janet Gandolfo (Village Attorney) Agenda: 1) Emma Serina 2) William Null & Lauren Thaler 3) David and Sherry Arnold 4) Lordes Sanchez 5) Antonio Soares 6) Minutes for April 2010 222 Beekman Ave Lot 3 Bedford Rd 525 Munroe Ave 170 Beekman Ave 64 Depeyster St Change of Use New single family residence Addition/alteration 2nd floor addition Legalize 3-family residence Announcements: None. 1) Emma Serina 222 Beekman Avenue Change of Use - This is a continuation from previous meetings. Please see stenographer transcription for details on this application. This was adjourned to the next meeting. 2) William Null & Lauren Thaler Lot 3 Bedford Rd This is an application for an area variance. New single family residence- �The Chair read the public notice aloud for the record. The Chair asked if the public notices were received. Sean McCarthy responded yes. William Null is the owner and is representing this application along with project architect, Matthew Bilecki. William Null discussed the existing parcel topography. He stated that there is a large difference in elevation from Bedford Road to Sleepy Hollow Road. He reviewed the property setbacks and how they relate to the existing topography. He stated that the neighboring houses are closer than 75-feet to Sleepy Hollow Road. He stated that the site clearing for the construction of the proposed house will retain a large number of the existing maple trees. He stated that substantial tree removal would be required in order to comply with the setbacks. He stated that an 8000sf house could be built under the code but the proposed home is about 3600sf. William Null submitted a tree survey to the Board. He stated that an easement was negotiated with the neighbor to preserve a large row of spruce trees. He stated that the setbacks are intended to preserve the views and that the application will retain a lot of the existing natural character of the lot. He stated that only the top floor of the proposed house will be visible from Bedford Road because there is a 25-foot drop in elevation from Bedford Road so that only about 9-feet will be visible from Bedford Road. Matthew Bilecki stated that the site is very tight. He stated that the application is consistent with the character of the neighborhood. William Null stated that all storm water requirements have been addressed. He knows that this is a concern for the neighbors. The Chair noted that the Board had received the following: 1) letter to Board dated April 5, 2010 2) package numbered letters a-i Timothy Judge asked about a proposed retention pond on the site. William Null discussed the connection into a catch basin onto Bedford Road. He said that no retention pond is proposed. The Chair opened the public hearing. Since there were no public comments, the Chair made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (6-0). The Chair stated that the applicant could have built a taller house that would not require variances but has chosen to build a shorter house and preserve more trees. APPROVED Zoning Board of Appeals Meeting, May 19, 2010 2 �William Null stated that he sent a copy of the plan to all of the neighbors who received the public notice. The Chair stated that the applicant has taken reasonable steps to minimize any impacts to the character of the neighborhood. He stated that this is not a self-created hardship and that this is the minimal variance that can be granted to accomplish the applicants needs. The Chair made a motion to approve the application as submitted. Timothy Judge seconded. It was unanimous (6-0). 3) David and Sherry Arnold 525 Munroe Ave Addition/alteration - The Chair read the public notice aloud for the record. The Chair asked if the public notices were received. Sean McCarthy responded yes. The Chair stated that the Board had received the following: 1) notice 2) short EAF 3) Zoning compliance form 4) Survey and associated maps 5) Letter to neighbors Roland Sharfsptz is the project architect and is representing this application along with the owners. Robert Sharfsptz stated that this property has 2 front yards since it is on a corner lot. He stated that the definition of side and rear yard will eliminate the need for one of the required variances. He stated that by using the west property line as the rear yard and the rear yard as the side yard, it would make the proposed work comply with the zoning code and eliminate the need for a rear yard setback variance. He also stated that the applicants want to increase their home to accommodate their grandchildren. He stated that the placement of the new garage will allow for a mudroom and also allow more space between the house and the garage. Robert Sharfsptz stated that this project will not negatively impact the character of the neighborhood. He stated that this is not a self-created hardship and that this is the minimal variance that can be granted to accomplish the applicants needs. The Chair asked the Building Inspector to further explain the corner lot setback issues. Sean McCarthy responded that corner lots have a rear yard and a second rear yard. APPROVED Zoning Board of Appeals Meeting, May 19, 2010 3 �The Chair asked for clarification on what work is proposed. Robert Sharpitz explained that the 2nd floor addition is proposed over an existing onestory section of the house. He showed the location of the addition on the site plan. The Chair opened the public hearing. Since there were no public comments, the Chair made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (6-0). Robert Sharpirz stated that the applicant cannot make any improvements on the site without requiring a variance. The Chair asked how deep the portico will be. Robert Sharpitz responded 4-feet deep. The Chair stated that the applicant has taken necessary steps to minimize any impacts to the character of the neighborhood. He stated that the requested variance is not substantial. He stated that this is not a self-created hardship and that this is the minimal variance that can be granted to accomplish the applicants needs. The Chair made a motion to approve the application as submitted. Timothy Judge seconded. It was unanimous (6-0). 4) Lordes Sanchez 170 Beekman Ave 2nd floor addition - The Chair read the public notice aloud for the record. The Chair asked if the public notices were received. Sean McCarthy responded yes. The Chair noted that the Board has received: 1) appeal petition 2) zoning compliance form 3) short EAF 4) survey map Lordes Sanchez is the owner and is representing this application. Lordes Sanchez stated that she is building this addition to keep her children safe and to create a secondary means of egress. The Chair stated that the property is a non-conforming property. He asked if there are neighbors on each side of the property. Lordes Sanchez responded yes. APPROVED Zoning Board of Appeals Meeting, May 19, 2010 4 �The Chair asked if this is a one-family house. Lordes Sanchez responded no. She stated that it is a 2-family house. She stated that the 1st floor apartment has a deck already. She stated that the deck will be built over the lower existing deck. The Chair asked if the addition will be visible from Beekman Ave. Lordes Sanchez responded no. Linda Moiron asked about the back yard size. Sean McCarthy responded that the back yard is substantial. The Chair opened the public hearing. Since there were no public comments, the Chair made a motion to close the public hearing. Timothy Judge seconded. It was unanimous (6-0). The Chair stated that the applicant has taken necessary steps to minimize any impacts to the character of the neighborhood. He stated that this is not a self-created hardship and that this is the minimal variance that can be granted to accomplish the applicants needs. He stated that the requested variance is not substantial. Timothy Judge also added that it also increases the safety of the property. The Chair made a motion to approve the application as submitted. Timothy Judge seconded. It was unanimous (6-0). 5) Antonio Soares 64 Depeyster St Legalize 3-family residence- At the applicants request, this was adjourned to the next meeting. 6) Minutes for April 2010 The Chair made a motion to approve as amended. Timothy Judge seconded. It was unanimous (6-0). Adjourned 9:55 pm. APPROVED Zoning Board of Appeals Meeting, May 19, 2010 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-2010 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_2010-05-19 Subject The topic of the resource Zoning Board Minutes & Resolutions-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 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/2d37c579db3ab8a66b6ca0e7db5a39f5.pdf 1bd055639631d4766e3678e204f2ecad PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING -APPROVED April 21, 2010 The meeting was called to order by Peter Koffler, Chairman at 8:11 pm. The Chair noted that a quorum was present. Present: Peter Koffler, Chairman Linda Moiron Timothy Judge Jennifer Lobato-Church Sherry Bishko Absent : M. Gorete Crowe Also Present: Anthony DelVecchio (Recording Secretary) Sean McCarthy (Village of Sleepy Hollow/Building Inspector) Janet Gandolfo (Village Attorney) Agenda: 1) Emma Serina 222 Beekman Avenue 2) Other 3) Minutes for January and February 2010 Change of Use Announcements: None. 1) Emma Serina 222 Beekman Avenue Change of Use - This is a continuation from previous meetings. The Chair noted a letter from John Hughes with 6 attachments. John Hughes is an attorney and is representing this application along with the owners. John Hughes summarized the last meeting. He stated that the tenant who was supposed to occupy the space has since withdrawn. He stated that a new tenant (Robert Ronan) is proposing a restaurant at the same location. He stated that he used to be the manager of the Striped Bass restaurant in Tarrytown and he wants to operate a similar restaurant at this location. The Chair stated that this is the third potential tenant of this space. John Hughes agreed. John Hughes stated that Mr. Ronan can answer any questions regarding the operation of the restaurant. The Chair asked if the restaurant would serve beer and alcohol. �John Hughes responded yes. He also stated that it would primarily be a restaurant and not a tavern. John Hughes gave a history about the R-4A zone. He stated that taverns, bars and car washes are not permitted in this zone. He stated that the history of the zoning change was to distinguish it from the manufacturing zone and getting ready for the GM development. The Chair responded that the Board has stated that the restaurant use does not permit that alcoholic beverages can be served to the public. John Hughes stated that there is no legislative history from the Board on this matter. He also stated that the right to serve alcohol to the public is regulated by the State. He stated that the use variance should not be required based on the interpretation of the Board. The Chair deferred to the Village Attorney. Janet Gandolfo stated that the public notice states that a tavern use was requested. She stated that the proposed restaurant would not require a use variance. The Chair stated that the establishment will still serve alcohol so the use variance should still be considered. Janet Gandolfo asked if the 200-foot rule has been historically used by the ZBA in the past for an area variance. The Chair responded yes. The Chair made a motion to go into Executive Session to discuss the application with the Village Attorney. Timothy Judge seconded. It was unanimous (5-0). The Board went into Executive Session at 8:31pm. The meeting resumed at 8:50pm No action was taken. The Chair stated that the Board has interpreted that for the requested use, the applicant must apply for a Building Permit for a restaurant that serves alcohol, in effective a tavern use. He stated that if the Building Permit is denied and the same as appealed, the Zoning Board will hear the application as part of the appeals process. He stated that the application before the Board is for a tavern. John Hughes stated that he would re-file the paperwork with the Building Department and request an adjournment for the current application. The Chair made a motion to accept the applicants request for an adjournment. Timothy Judge seconded. It was unanimous (5-0). The application was adjourned. APPROVED Zoning Board of Appeals Meeting, April 21, 2010 2 �2) Other The Chair stated that the minutes should have more details on the discussions that took place. He asked if the video recording or the meeting minutes are the official record. Sean McCarthy responded that the meeting minutes are the official record. The Chair asked if certain meetings should be officially transcribed so that all of the details are captured. He stated that the minutes are a summary of the meeting but there are some specifics that can be added. The Board agreed that certain applications should be transcribed for a more detailed official record. 3) Minutes for January and February 2010 The minutes for the January and February 2010 meeting were reviewed. The Chair made a motion to approve the minutes as amended. Linda Moiron seconded. It was unanimous (5-0). Adjourned 9:18 pm. APPROVED Zoning Board of Appeals Meeting, April 21, 2010 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-2010 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_2010-04-21 Subject The topic of the resource Zoning Board Minutes & Resolutions-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 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/fb25c79147a734fa6d37d5582e65fdd8.pdf 2698757ef136e70cc1ec3c80e37b5aea PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING - APPROVED January 20, 2010 The meeting was called to order by Timothy Judge, Acting Chairman at 8:17 pm. The Chair noted that a quorum was present. Present: Linda Moiron Timothy Judge, Acting Chairman Jennifer Lobato-Church M. Gorete Crowe Absent : Peter Koffler, Chairman Also Present: Anthony DelVecchio (Recording Secretary) Sean McCarthy (Village of Sleepy Hollow/Building Inspector) Janet Gandolfo (Village Attorney) Agenda: 1) Mildred Conlon 2) Gus Kringas 3) John Allendorf 4) Laurentino Rodrigues 5) Minutes December 2009 8 Ridge Street 222 Beekman Avenue 226 Hunter Avenue 49-51 Chestnut Street Legalize 2-family house Change of Use Proposed detached garage Construction of 2-family house Announcements: The Chair stated that the Board only has 4 members present. He stated that all votes must be unanimous to be approved. 1) Mildred Conlon 8 Ridge Street Legalize 2-family house- This is a continuation from previous meetings. Howard Dean is the attorney representing the applicant. Howard Dean stated that three items were requested at the last meeting: 1) prepare a set of interior plans 2) have Sean McCarthy inspect the property 3) have an appraisal of rentals for the property as a two-family house and a one-family house. Howard Dean stated that the additional income is needed to support the owners nursing home expenses. The Chair stated that the 2-family rental would yield $3000/month and about $2000/month as a single family residence. �The Chair asked Sean McCarthy about his inspection Sean McCarthy responded that the first floor unit connects to the basement area. He stated that the second floor unit has one-bedroom. He stated that there are some code improvements that are needed if the Board grants the approval. He stated that there are no significant structural upgrades required. The Chair asked if he received an estimate for the required improvements. Howard Dean responded that the improvements are minor. The Chair asked if the house was originally a single family residence that was later converted. Sean McCarthy responded that the plumbing and electrical work would indicate that this was converted. Linda Moiron stated that the proposed rental amounts from the appraisal report only indicate 1bathroom in each unit but the lower unit has 2 bathrooms. She stated that more rent can be obtained for a 2-bathroom unit. The Chair asked for the financial information to support the requested hardship. Howard Dean stated that the monthly nursing home costs are $8000/month. He stated that the rental income will be used to support her care. Howard Dean submitted financial expenses to the Board. There was an open discussion on the presented expenses. Howard Dean stated that the property has been used as a 2-family home for the last 40-50 years. He also stated that there are minor repairs needed to make the property conform the today’s codes. Linda Moiron stated that the conditions for the variance are not being met. Howard Dean stated that this will not negatively impact the neighborhood. He requested an adjournment to the next meeting. The Chair made a motion to grant the adjournment to the next meeting. Linda Moiron seconded. It was unanimously approved (4-0). 2) Gus Kringas 222 Beekman Avenue Change of Use - This is a continuation from previous meetings. The Chair summarized the application from the previous meeting. Gary Serina is the owner of the property and is representing this application. He stated that if his property was moved a few feet over, he would not need a variance. He stated that the zoning in APPROVED - Zoning Board of Appeals Meeting, January 20, 2010 2 �the area should be commercial and not residential. He stated that there are 7 properties in the area and 4 of them are residential and 3 are commercial. He stated that when he inherited the building, it was falling apart. He stated that he put a lot of money into the building. He stated that the property is now in turn-key condition. The Chair responded that the hardship is there but the requirements for a variance still need to be met. The Chair stated that the Board cannot remedy a bad investment. He stated that the zoning requirements need to be met. He stated that the Board asked the applicant if he would obtain a license for beer and wine in lieu of a liquor license. Gary Serina presented financial records to the Board. He also stated that he would agree to a 12month probationary period for the new business. Janet Gandolfo stated that the Board can grant a conditional approval. Gary Serina stated that the 200-foot rule is a government created monopoly in the area. The Chair stated that the Board would be setting a precedent. Gary Serina stated that the zoning change was performed back in 1997. He stated that it was changed from M to R-4A. He stated that the there was no reason or documentation to support the change in zoning. The Chair asked about the process for granting the conditional approval. Sean McCarthy responded that the applicant needs to appear before the Board in 12 months to either get the conditional approval renewed for one more year or get a full approval. The Chair stated that the business decisions that have been made by the applicant are his responsibilities. M. Gorete Crowe asked what would happen if the conditions of the approval are broken in a 2 month period. Sean McCarthy responded that the Certificate of Occupancy could be revoked. Gary Serina offered to install some sort of wall to minimize the smoke and noise from the adjacent residential properties. The Chair stated that the conditional approval can be explored further. M. Gorete Crowe stated that she would be in favor of a conditional approval. The Chair stated that if a conditional approval is approved, the conditions would need to be carefully drafted. Linda Moiron stated that some of the properties listed in the commercial comparables indicate that there are other options for the property. APPROVED - Zoning Board of Appeals Meeting, January 20, 2010 3 �Gary Serina responded that there is a capital investment needed in order to get the property into a condition to re-rent. Linda Moiron stated that the applicant has not shown that there are no other viable alternatives for the property. She stated that if the applicant does not want the Board to use 106 Pocantico Street as a comparable property, he should propose something else like a retail store, etc. The Chair stated that the applicant could draft some stipulations and propose them to the Board. It was agreed that this would be adjourned to the next meeting so that the conditions can be drafted. It was unanimously approved (4-0). 3) John Allendorf 226 Hunter Avenue Proposed detached garage - The Chair read the public notice aloud for the record. The Chair asked if the proof of mailings was received. Sean McCarthy responded yes. Frank Manfredi is the architect for this application. Frank Manfredi gave an overview of the proposed project. He showed the location of the existing garage to be demolished. He stated that the existing garage is too small for today’s families. He stated that the garage meets many of the zoning regulations but in order to accommodate the family’s needs, the garage needs to be slightly expanded. The Chair made a motion to open the public hearing. Since there were no public comments, the Chair closed the public hearing. Linda Moiron asked if there is a fence at the property. John Allendorf responded that there is a chain-link fence in the rear of the property. M. Gorete Crows asked if the owner has spoken to their rear neighbor about the garage. John Allendorf responded that the neighbors house is set towards the front of the property and he has never met them. The Chair stated that the proposed garage is not out-of-character with the neighborhood. He stated that the variance is the minimal variance that could be granted. Jennifer Lobato-Church made a motion to approve the application as submitted. Linda Moiron seconded. It was unanimous (4-0). APPROVED - Zoning Board of Appeals Meeting, January 20, 2010 4 �4) Laurentino Rodriguez 49-51 Chestnut Street Construction of 2-family home - The Chair read the public notice aloud for the record. The Chair asked if the proof of mailings was received. Sean McCarthy responded yes. Luigi Demasi is the project architect and is representing this application along with the owner. Luigi Demasi stated that the lot is rather small. He stated that he tried to get the Planning Board to grant a commercial structure but the application would require even more approvals. He stated that the property had been previously approved as a 2-family structure. He stated that the owner is only requesting that the previous approval be reinstated. The Chair asked about the commercial use. Luigi Demasi responded that a home office is proposed. The Chair asked if any other plans were available to support the application. Linda Moiron asked when the previous approval was granted. Sean McCarthy responded 2 years ago. The Chair made a motion to open the public hearing. Since there were no public comments, the Chair closed the public hearing. Jennifer Lobato-Church asked about the difference between this plan and the previously approved plans. Laurentino Rodrigues stated that there was a different applicant at the time. Linda Moiron reviewed the minutes from the previous approval to compare the applications. Sean McCarthy stated that any building built on this site would be very small. The Chair asked about the Planning Board application. Luigi Demasi responded that the Board is waiting for ZBA feedback. Linda Moiron asked about the apartment sizes. Laurentino Rodrigues responded that there are 2 two-bedroom apartments. The requested variances were reviewed. Linda Moiron asked about the size of the parking area. Luigi Demasi responded 1000sf. APPROVED - Zoning Board of Appeals Meeting, January 20, 2010 5 �There was an open discussion on the front and rear yard setbacks. It was agreed that 1-foot would be taken from the back and added to the front yard. The Chair stated that the proposed garage is not out-of-character with the neighborhood. He stated that the variance is the minimal variance that could be granted and cannot be granted any other way. Linda Moiron made a motion to approve the application with the following conditions: SE setback will be 5-feet but on SW corner will be 5-7 feet. Rear yard will be 12.69-feet and the other side will remain the same. This is also subject to Planning Board and ARB approvals. The Chair seconded. It was unanimous (4-0). 5) Minutes for December 2009 The minutes from the December 2009 meetings were reviewed. The Chair made a motion to approve the minutes as amended. Linda Moiron seconded. It was unanimous (4-0). Adjourned 10:15 pm. APPROVED - Zoning Board of Appeals Meeting, January 20, 2010 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-2010 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_2010-01-20 Subject The topic of the resource Zoning Board Minutes & Resolutions-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 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