https://sleepyhollow.localarchives.org/files/original/bc19f84781bd6a9f03a0cefc1031b90a.pdf 992ea546fd00d355f190b346e7a3e135 PDF Text Text ZONING BOARD HEARINGS, June 26, 1986 Present: John Arcate, Chairman Edward Swaby Frank Paolantonio Jane Hogan Aldo Ceconi Robert Ponzini, Counsel James Margotta, Building Inspector Mr. Arcate opened the hearings at 8:15 p.m., welcomed everyone, and with the consent of the applicant, the Clerk read the three Public Notices. Mr. Arcate asked if there was anyone who wished to address the Board and then acknowledged Mr. Ralph A. DeRosa, counsel for Mario Brana.. Mr. DeRosa presented evidence that notices were sent to residents within 200' of Mr. Brana's property on Beekman Avenue. The first request for variance, as explained by Mr. DeRosa, applies to the new building that is being erected. Application was submitted to the Zoning Board to have a retail store in the basement of this building. This was not part of the building plans when the Board granted a variance May 9, 1985. The parking facilities for the new building contain fourteen spaces and, with the addition of the proposed retail store there would be four additional parking spaces required. Mr. DeRosa pointed out to the Board that Mr. Brana rents a lot across the street from the premises which contains over twenty spaces which could be used for additional parking. He also expressed the view that many of the fourteen spaces for the dwellings in the new building would be available for use during retail hours. The second variance is for the three dwelling units proposed for the existing Greene County building; again, there is no available parking on the premises other than the present twenty spaces on the north side of Beekman Avenue which are rented by Mr. Brana from Mr. W. Luberger. Mr. Ceconi suggested that perhaps it would be beneficial for Mr. Brana to obtain a long term lease on this property. Mr. DeRosa presented 1 the third application for variance to the Zoning Board for a 'use variance in regard to the Greene County store for storage, packaging, and manufacturing but no retail business on the premises. Mr. DeRosa asked that the Board consider this use variance on its own merits and not as an amendment of the 1956 variance on this property. It was pointed out by Mr. DeRosa that Mr. Brana is not considering enlarging his manufacturing plant which has been in the present building for over twenty years. The change in the use variance would not negatively affect the character of the locale. Mr. Brana has shown the foresight of improving and enhancing Beekman Avenue and would be willing to work along with the Village to improve the area. Edward Swaby and Jane Hogan questioned the nature of the retail business in the basement area referred to in the first application. They were advised that the proposed retail business in the basement would be largely stock storage. On a question from Mr. Swaby, Mr. DeRosa stated that the existing retail business will move into the new building and nothing is proposed "for the front'of the present Greene County store other than storage and packaging, Jane Hogan questioned Mr. Brana about the �front of the present store. She was advised that the windows would be treated with care and no machinery would be visible. The Chairman questioned Mr. DeRosa regarding whether the use variance application is a request to extend the present variance. Mr. DeRosa said it is not but it is a request for a new use variance. It was pointed out by Mr. Arcate that on June 13, 1956 the prior variance was stated in specific terms in a letter to Irving Neimark and a portion of that letter and the Board minutes were read. On a question from the Chairman, Mr. DeRosa stated that he was requesting the Board to make a new and separate determination. Mayor Philip Zegarelli was recognized and he addressed the Board. Mayor Zegarelli stated that it is his desire and the desire of the Board of Trustees and the Economic Council that private investment be;encouraged to upgrade Beekman Avenue, to broaden the tax base, provide additional business and employment, and create additional spending as well as providing additional housing. The Mayor stated that the proposed use of the property and buildings is beneficial. Mr. K. Shoene, 13 Chestnut Street was recognized. Mr. Shoene questioned what is being planned for construction behind Mr. Brana's building. The Chairman informed him that the Village approved plans to improve property on Chestnut Street, however, no building permit has been requested. It was drainage in being drawn for bid and grant. also pointed out that the Zoning Board is concerned about the the Chestnut St. area and Mr. Margotta said that plans are up for improvement of the storm drains. The work is going out the County has awarded money for the work in the form of a The Chairman presented the notices received from the Westchester County Planning Board indicating that they reviewed these applications for variance and found them to be matters for local determination. : The Chairman asked if anyone wished to address the Board; no one responded. A motion was made and seconded to adjourn the hearings. Respectfully submitted, Marie Timmirigs Acting Clerk �Zoning Board Business meeting of June 26, 1986 Present: John Arcate, Chairman Edward Swaby Frank Paolantonio Jane Hogan Aldo Ceconi Robert Ponzini, Counsel James Margotta, Building Inspector The minutes of the April 17th meeting were approved on a motion made by Frank Paolantonio and seconded by Aldo Ceconi. All Board members voted in favor. Mr. Arcate welcomed Jane Hogan to the Zoning Board, the new appointee to the Zoning Board. He also explained to Ms. Hogan that applications for variances must be presented to the Westchester County Planning Board and explained the regulations involved. The Chairman advised that communication had been received from John Hughes, counsel for the Rickles, stating that the applicant does not agree with the April 17, 1986 decision of the Zoning Board. Applicant has not offered any new matters of substance and Mr. Arcate advised that the Board should view this as a matter of record. Discussion followed regarding the hearings on applications made by Mario Brana. In reference to the request for a new variance on 42-44 Beekman Avenue to utilize the premises for manufacturing, storage, and packaging. Mr. Swaby said he did not know why additional manufacturing should be granted. The Chairman read from a letter dated June 13, 1956 addressed to Irving J. Neimark from Patrick J. Powers, J., referring to a variance (manufacturing) as an adjunct to the grocery store. In the February 16, 1956 minutes, Mr. Gerlanc explained that the manufacturing was a secondary part of Mr. Brana's business and the sale of the merchandise was the primary source of business. Mr. Ponzini commented that the April 18, 1985 meeting was based upon the continued use of the existing manufacturing facilities and the retail store. The Chairman restated the earlier decision of the Board to grant approval of application with the provision that off-street parking be provided and space for loading and unloading. Mr. Arcate questioned whether the new applications affect the Board's expectations when we made our approval on May 9, 1986. He questioned whether the Board considers these applications an enhancement. The Board agreed to consider all of the applications in a single discussion since they pertain to the same site as to use and parking. Mr. Arcate pointed out that on May 9, 1986 the Board commended Mr. Brana for his*improvement of his property. However, at the hearing in April 18, 1985, Mr. Brana had no plans for additional use of space and . that in granting the prior request, the Board rightfully assumed a status quo regarding the existing building. Ms . Hogan " pointed out that Mr. Brana does not wish to enlarge his business, simply spread out. Mr. Arcate asked whether manufacturing could be conducted without raw material, without packaging, loading, etc? What is in keeping with the Code? :'- j r*^^^4.*:l*^v-j^r^^^ �Mr. Swaby stated that there is a variance on this property and that the Board would be remiss in altering the variance unless there is reason to do so. On a motion made by Mr. Swaby and seconded by Mr. Cecorii, the Board voted in favor of supporting the decision of the Building Inspector to deny additional manufacturing. All Board members voted in favor. In regard to the application to include retail space in the partially constructed building, the Chairman questioned the Board if they thought the rented parking spaces on the north side of Beekman Avenue would satisfy the Code. Mr. Swaby stated that the space in question is not under the applicant's control and therefore it cannot be bound to a variance. On a question from Mr. Swaby, regarding loss of street parking at the site, he was advised that the May 1985 variance granted a shortage of four spaces, the applications before us carry shortages of four for retail and four for rental units. During the discussion, it was pointed out that it is difficult to make a decision before construction is completed. The applicant is free to reapply for a variance at a later date. Ms. Hogan stated that after construction is completed, it will be obvious who will be using the spaces. The Chairman pointed out that residents and the retail business will utilize most of the space; the difficulty will be with loading and unloading. Mr. Ponzini stated that the parking requirement is very generous, however, if there is a huge demand on a few spaces by residents and retail shops, it will be burdensome. He pointed out that plans are in the making to improve parking from Washington Street to Lawrence Avenue which will provide additional parking. Mr. Arcate stated that Greene County is presently nonconforming because thereis no off-street parking. Mr. Swaby made a motion, seconded by Mr. Paolantonio, to support the decision of the Building Inspector to deny additional retail use. All Board members voted in favor. The next application to be discussed was the one regarding the three dwelling units which are being proposed for the existing building and which will require 3.6 parking spaces per unit. The number of spaces required for the present Greene County retail store is one per 200 sq. ft. The retail store is nonconforming because there is no off-street parking. Mr. Swaby stated that he does not favor : the suggestion that Mr. Brana continue to lease the lot on the north side of Beekman Avenue. Mr. Arcate said that such a plan is not a remedy since the owner would make a permanent addition to the building but the off-street parking would be temporary use of an others land. Mr. Swaby stated that he supports the decision of the Building Inspector and made a motion to that effect, seconded by Mr. Paolantonio; all Board members voted in favor. In deciding each of these applications the Board considered the facts �-3- presented with no arguments of,hardship on the;part of the owner or benefit on the part of the Village. It's findings in all three decisions are based upon the Code as stated in paragraphs 62-2, 62-25 and 62-40C. Mr. Arcate"pointed"out.that the hearings scheduled for July 3, 1986 have been rescheduled for July 10, 1986. He also suggested that the Board members;individually visit the Maceyak property on Anderson Avenue before the July 10th"meeting. Mr. Margotta will point out to the Board members deficiencies in the lot in question and why more than one variance will be required. Business meeting adjourned at 9:45 p.m. Respectfully submitted, -i? Marie Timmings Acting clerk � 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-1986 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_1986-06-26 Subject The topic of the resource Zoning Board Minutes & Resolutions-1986 Date A point or period of time associated with an event in the lifecycle of the resource 1986 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