https://sleepyhollow.localarchives.org/files/original/d2aeec3b76703cebb2ad39e4251929e3.pdf 934e0a424ab0dded50aa243c8651b535 PDF Text Text Zoning Board Meeting of November 19, 1985 * \ Present: Absent: John Arcate, Chairman Aldo Ceconi Frank Paolantonio Martin Ruane James Margotta Edward Swabv The Zoning Board met at 8:10 PM to reconvene arid continue the business of the November 7, 1985 meeting concerning the matter of the Mobil Oil Corporation appeal. Mr. John J. Hughes (Lawyer for Mobil Oil) addressed the Board stating that his client would remove the free standing sign at the curb on Broadway and have the new sign in its place. On the canopy the word MOBIL will be in five 16 inch high letters. (Picture of sign shown). Mr. Ruane asked how many such signs there would be. Mr. Hughes answered that there will be one sign which will face north and one will face south depending on the visability. Mr. Arcate asked what will be the square foot area of all signs at the station. Mr. Hughes stated that the signs on the canopy will be 12 square feet and the total will be less than the specifications of the code. Mr. Ceconi asked that the footage requirement as stated in the code book be read. (Mr. Arcate read para.62-15E). Mr. Ceconi made a motion to accept the prints of the applicants architect subject to the agreed to compliance with paragraph 62-15E of the code regarding signs. Motion was seconded by Mr. Ruane. Upon unanimous approval of the Board the applicants request for variance and relief from denial of the permit by the Building1 Inspector was granted in accordance with the code provisions of paragraphs 62-2 arid 62-40C and the findings of the fact from the Hearing and Meeting of November 7. Meeting was adjourned at 8:40 PM. Respectfully submitted, <r Karen McCarthy Acting Clerk -'- t ^*;„.«y; ,», , ^^-.ri ; i<^; ; . ; «:^i--^iK,!;^^ i «.: i , - * « ^ « ^ ^ - " ^ ^ ^ ^ �Zoning Board meeting of November 7, 1985 Present: John Areate, Chairman Edward Swaby Frank Paolantonio Martin Ruane Robert Ponzini, Counsel James Margotta, Building Inspector Absent: Mr. Aldo Ceconi The Zoning Board of Appeals met on November 7, to consider the appeal of Mr. George Kuntz to extend a fence on property which is mapped as a street. Mr. Arcate welcomed all present and the Clerk read the Public Notice. Mr. George Kuntz spoke in his own behalf (copy of his;statements attached to file) explaining the reason for the need of a fence on his property. He also presented the Board with several photographs and written notice of approval from three neighbors. Mr. Kuntz advised the Board that he had notified all residents within 200 ft. of his property of his intent. However, he did not present postal receipts to the Clerk but gave a list of names to Mr. Margotta. Mr. Swaby made it known that this lack of proof would not be considered a precedent. Mr. Thomas Brown of 1544 Bellewood Avenue said that he had no objection to the fence in Mr. Kuntz yard nor did Mr. P. Shaefer of 124 Hunter Avenue who said that the fence is preferable to not having one there at all. Mr. Margotta explained that the Village Code stipulated what can and cannot be fenced in. He pointed out that the Code allows the storage of a boat in the rear yard. Mr. Margotta had previously spoken to Mr. Kuntz and advised him to clean up the area. Mr. Kuntz complied and Mr. Shaefer said he feels the yard looks much neater now. Mr. Arcate told Mr. Kuntz that he and another Board member had inspected his property. The next speaker was Mr. Davis Zimmerman, 360 S. Broadway, Tarry town, who represents Mr. Kennedy, owner of property next to Mr. Kuntz on Bellewood Avenue. Mr. Zimmerman pointed out that the application to build a house on the property was granted by the Planning Board in March, 1985. He also mentioned that the Building Inspector had issued a notice of violation to Mr. Kuntz regarding the fenced in area on the paper street right-of-way. Photographs were presented showing equipment stored on the right-of-way behind Mr. Kennedy's property and two trucks parked on the right-of-way beside Mr. Kuhtz' house. Mr. Zimmerman presented a 1915 map, (showing 50' of land designated as Philipse Avenue) to the Board. He questioned whether Mr. Kuntz owns this paper street or if anyone else can use it? He also feels the property is unsightly and doubts if the Board has jurisdiction to approve Mr. Kuntz request. Mr. Swaby questioned whether or not it is a fact that Mr. Kuntz owns the paper street property. The Board questioned Mr. Kurtz as to whether or not he had a deed to this property (paper street) and if he had it surveyed. Mr. Kuiitz replied, "Yes" to both questions. �-2Mr. Margotta stated that the paper street is supposed to be left open, free and clear, unencumbered, with no storage and no fence. Mr. Ponzini said that this determination is correct, however, Mr. Kuntz disagreed. Mr. Zimmerman pointed out that the fence is on the paper street, and whatever is stored behind the fence, as well as two trucks. Mrs. Olga Blumenfeld, 11 Highland Avenue, spoke to the Board and said that she is in agreement with the Building Inspector and feels that this property should be preserved as originally planned. Mr. T. Brown said that he purchased his home in 1977 and that when it was built in 1960, part of the structure was on the paper street. Mr. Arcate pointed out to him that before 1963 there were no zoning regulations and this situation could be a prevailing non-conformity. Hearing was closed at 8:50 p.m. After a short recess the Board held a business meeting and resumed discussion on Mr. Kuntz request. Mr. Swaby and Mr. Paolantonio agree that the paper street is available to the Village and anything put on it is an encroachment. They also agree this property is now unsightly and should be cleared. Mr. Swaby and Mr. Arcate expressed the view that encroachment on this paper street would hamper the Village if they wished to use this property. Mr. Ponzini advised that there are two problems, 1) storage sheds appear as buildings and must comply with the Code and, 2) the fence appears to be a structure itself used for storage. Mr. Ruane stated that Mr. Kuntz is blocking the right-of-way with his fence and material. Mr. Paolantonio made a motion to deny Mr. Kuntz' request and to confirm the action of the Building Inspector based on Code 62-2. The two storage sheds are on the property line and therefore violate side yard requirements. Boat storage is only permitted in the rear yard. Residential use does not permit storage. The totally enclosed fence constitutes a structure which violates the code in both type of use and location on the site. In addition to these code violations the'use of the right-of-way for material, trucks and a boat constituted an encumberance on the paper street. The paper street now contains a nonconforming structure. Therefore the Board decided that the paper street should not be encroached upon arid that it is a threat to use by the Village. Motion was seconded by Mr. Ruane; all Board members voted in favor of the motion. The Board gave Mr. Kuntz a time limit of 60 days to clear the right-ofway property. The Board informed him that if he made every effort to meet this schedule but needed additional time he could request an extension. Respectfully submitted, Marie Tiramings, acting clerk �Zoning Board meeting of November 7, 1985 Present: John Arcate, Chairman Edward Swaby Frank Paolantonio Martin Ruane Robert Ponzini, Counsel James Margotta, Building Inspector Absent: Aldo Ceconi The Zoning Board of Appeals met on November 7 to consider the application of Vieira's Mobil Service Station for permission to install new fibreglass fuel tanks and construct a canopy over the gasoline pumps. Mr. Arcate welcomed those present and the Clerk read the Public Notice. Mr. John Hughes, counsel for Mobil Oil Corp/Vieira1s Service Station, introduced Mr. James Moran, Senior Real Estate representative from Mobil Oil Corp. and Mr. Richard Ciccotelli, Project Engineer for Mobil. Mr. Hughes also presented to the Clerk, seventeen postal receipts indicating that residents within 200 feet of Sec. 16, Block 13, Lot 3 were notified of applicant's intent. Mr. Hughes explained what changes were to be made by Mobil/Vieira if this application is granted: the addition of new fibreglass gasoline tanks and the construction of a canopy over the service pumps. He proceeded to innumerate several reasons for these changes; 1) the construction will be compatible with the surrounding architecture, 2) there will be improved lighting and improved appearance with state-of-the-art equipment, 3) equipment needed to operate service station will be concealed, 4) there will be no advertising oh the canopy and no price information, 5) the canopy will provide nrotection from the weather to attendants and customers. The Board inspected several photographs which Mr. Hughes presented showing the station as it is at this time and a similar station which has a canopy over the service pumps. The applicant also received an opinion from ALAN GOLDBERG/ELIOT NOYES ASSOCIATES, ARCHITECTS, indicating that the flat deck canopy would be an improvement. In reply to many questions regarding the fibreglass fuel tanks, Mr. Ciccotelli, Project Engineer, Mobil, pointed out the advantages of the fibreglass tanks, i.e., they are safer, corrosion proof, state-of-the art and there has not been a problem with the fibreglass tanks or fibreglass piping which is also used. The fibreglass tanks and pipe have been proven sound with an indefinite life. Steel tanks last between 15-30 years. The tanks on the property presently are over 30 years old. Regarding the matter of taking test borings, it was stated that it would be costly to go through this process and the installation of the tanks was explained to the Board. Mr. Arcate suggested that it would be advisable to place the tanks closer to the road than the residence next door, Mr. Arcate stated that the present signage at the Mobil Station is in violation of the Code. He questioned the owners regarding their plans for signs presently on the property. Mr. Hughes and Mr. Moran both stated that although present signage does not comply with the Code, Mobil will conform to Code with the new canopy. There will be no problem controlling signage and there is a mutual agreement �between Mobil and Vieira to limit signage. Hearing closed at 9:30 p.m. After a recess the Board held a business meeting. There was a question about how far the canopy would be from the street. Reply, "it will be 6" from the sidewalk and the smallest canopy will be used". Mr. Swaby felt the large sign at the curb should be removed. Mr. Hughes pointed out that this sign is important to the leasee and reiterated that Mobil will comply with Code and when Mobil' s Marketing people^ have plans for the station they will be given to Mr. Margotta. Mr. Hughes also suggested that work begin on the tanks and canopy and hold off oh a decision regarding signage. Mr. Arcate informed him that the Board will meet again when, they receive the Marketing plans because nonconforming property cannot be given approval unless signage is satisfactory. It was agreed by the Board members that a meeting should be held on Tuesday, November 19 at 8 p.m. at which time the applicants would submit a plan for signs which would conform to the Code. A motion was made and seconded by Mr. Paolantoriio and Mr. Swaby, that a decision be deferred until November 19; all members were in favor of this motion. Mr. Ruane made a motion, seconded by Mr. Swaby, to accept the minutes of the July 18, 1985 meeting. Meeting adjourned at 10:35 p.m. Respectfully submitted, Marie Timmiiigs, acting clerk �— -<««+?--'• APPENDIX B SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS; (a) In order to answer the questions in this short £AF is is 'assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? *. 2. _ Will there be a major change to any unique or unusual land form found on the site? • • • • • «__* 3. Will project alter or have a large effect on an existing body of water? • • • • • • • • • • 10, 11, 12, es x No y«__, No X ____ Yes ____ No 4* Will project have a potentially large impact on groundwater quality? ....•••••••• 5« Will project significantly effect drainage flow on adjacent sites? •••••• 6. Will project affect any threatened or endangered plant or animal species? • • • • • • • • • • » 7t Will project result in a major adverse effect on air quality? ............ 8. Will project have a major effect on visual character of the community or 'scenic views or vistas known to be important to the community? • • • 9» Yes ____ Yes X No ____ Yes * No X _____ Yes ____ No _ _ * es X No ____ Yes X No Will project adversely impact any site or structure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? ••• _ *es X So Will project have a major jeffeet on existing or future recreational opportunities? ••• _____ Yes X Ho Will project result in major traffic problems or . cause a major effect to existing transportation ^ systems? •••••••••••• ____ Yes Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project*s operation? • _ *es x No „ N° 13• Will project have any impact on public health or X safety? • • • • • • • • • • • • Yes _ _ _ Mo s --«,•-.1 4 . Will project a f f e c t the e x i s t i n g community by X: ^ *$d2§0'~ ~ ^directly causing a growth in permanent populai?.?$&8&f&&&'-r~ tion of more than 5 percent over a one-year . --vvivv^;;--/..£ period or have a aajor negative effect on the . . x i ^ l r / r .-i-, character of the community or neighborhood? • • V .___, lea Wo ^*~"A''*''- 15. Is tbtot^^i^cp^TovMj yiicefning the project? _ X _ lea »o 'ARBi'rsiGMATT^^ TITLE: A t t o r n e y ! ' • V ;• - aiftv^---'- ^^p^REPRESEirriNC: 7r*// ,/ / r—u I! 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IK hi o UJ IT O Ik hi U hi ac 8 m o z o o LU X I- o 5 t « S * 0 i * S 3 ^ ! • .-S»*^«c*^*-^ wi-fetoiaks HiiAsaia^lss^Efc^feSSe&iafesiSiS^fe^^^S;^^^^^^*' � 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-1985 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_1985-11-07 Subject The topic of the resource Zoning Board Minutes & Resolutions-1985 Date A point or period of time associated with an event in the lifecycle of the resource 1985 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