https://sleepyhollow.localarchives.org/files/original/14945600e8d20bb1bd1af796a3720b91.pdf c1b7a8a46db3530c69a7eb5cae2b30f9 PDF Text Text ZONING BOARD HEARINGS, July 24, 1986 Present: • Jane Hogan, Acting Chairwoman Edward Swaby Frank Paolantonio Aldo Ceconi James Margotta, Building Inspector Absent: John Arcate, Chairman Robert Ponzirii, Counsel Acting Chairwoman Jane Hogan opened the hearings of July 24 at 8:15 p.m. with three applications to be considered. The Clerk read the Public Notice regarding James H. Karr's application. At the request of the Chairwoman, Mr. Karr presented his reasons for applying for a variance. He wishes to build a house and believes he has ample property. Mr. R. Turnquist, Mr. Karr's architect, drew the plans which were forwarded to the Village. The proposed house would divide the existing 25 foot frontage on Webber Avenue.. Mr. Karr stated that he has received no opposition to his plans to build a house on this property. Mr. Karr presented evidence that he informed residents within 200 ft. of his property of his application for a variance. The Village Clerk has received a letter (copy attached) from the" New York State Office of Parks, Recreation and Historic Preservation, stating that "As this parcel is in ^^the most southerly portion of the future Preserve and away from any trails ^Por vistas, a building will not affect or alter the public use of the Preserve". The letter received by the Village Clerk from Westchester County Planning Board was read which indicated that this matter is for local determination, however, they listed two items which should be considered by the Zoning Board. Copy of this letter is also attached. Mr. Karr presented his plans to the Board members for their review. Mr. Edward Swaby stated that it seems that Mr. Karr is requesting two variances; one to allow a frontage of 12% ft. for the existing house and one to allow a frontage of 12% ft. for the proposed house. Mr. Karr informed him that the present driveway is 25 ft. which can be left as is or divided, whichever is decided upon. Mr. Swaby questioned whether or not Mr. Turnquist gave any consideration to building rooms above the existing residence or building on the back of the existing residence. Mr. Karr said that they did give consideration to these possibilities but decided a separate building would be more feasible. Mr. Karr's daughter, Kathleen Navarrete, 153 Webber Avenue, explained that her father's property will have to be divided at some future time and she thinks it will be easier if it can be accomplished at this time. • Mr. Paolantonio questioned whether Mr. Karr received..a variance when he : built his residence with a 25 ft. frontage instead of 50; ft. Mr. Karr said is house is approximately 30 years old and when he built his present house, is property had a 138 ft. frontage. �-2There were no further questions or discussion. Mr. Swaby made a motion to close the hearing and it was seconded by Mr. Ceconi. On a unanimous decision, the hearing was closed. The second hearing referred to an application by Heinz and Marja Kloecker of 22 Hemlock Drive. Mr. Kloecker spoke to the Board and pointed out his reasons for requesting a variance. He and his family have lived in the Village for 7% years and now have three children and need another bedroom and bathroom. Mr. Kloecker has considered other alternatives, however, they were unaffordable. The proposed addition is minor and the architectural character of the existing.residence will not be changed nor will it have a negative affect on neighboring property. Mr. Kloecker stated that he believes that the addition will not decrease rather the value of neighboring homes and the value of the property will increase. Mr. Kloecker presented evidence that he informed all residents within 200 ft. of his request for a variance and he has not received any negative responses. Notice has been received from the Westchester County Planning Board stating that this matter is of no concern to the County but is a matter for local determination. Copies of the site plan were given to the Board members to review. Ms. Hogan asked the Board for their comments. Mr. Swaby questioned whether or not the Sleepy Hollow Taxpayers Association had been notified and if so, what if any response they made. He was informed that the SHTA was notified and no response has been received. ^P Mr. Ceconi informed the Board that the Village Clerk sends notification of applications for variances to the SHTA and suggested that an applicant send notice to the Association himself. Bonnie Abruzese, 14 Lakeview;Avenue, spoke in favor of,the addition Mr. Kloecker wishes to build. She stated that the immediate neighbors are all in favor of allowing Mr. Kloecker to make this addition. Ted Widmayer, 15 Lakeview Avenue, stated that the Kloeckers have been responsible residents and have kept their property in.excellent condition. He thinks the proposed addition 'will'/not negatively :af feet the area arid l stated that Mr. Kloecker has gone about the process of requesting a variance in an appropriate manner and all the neighbors have had ample opportunity to review his proposed building plans. He also stated that he thinks there would be very little visual impact with this addition. Mr. Paolantonio made amotion to close the hearing on this application; it was seconded by Mr. Swaby and unanimously approved. m &~ Ifc n The third hearing was to consider the application of Jerry Garafalo for a permit for a new floor, paneling, couritertop, table/chairs, and an oven in his deli. ; .-v*i: Mr. John Hughes, Counsel representing Mr. Garafalo,.; presented evidence at residents within 200 ft. of the property in question were riotifiedvbf is application. Notice was received from the Wes tchester County Planning • Board and he explained to the Board that Mr. Garafalo, who does business as "Uncle Jerry", operates a deli at 364 No. Broadway where he has been for five �-3years; he has been in business in the Village for 15 years. On January 17, Mr. Garafalo applied to the Building Inspector to install a new floor, paneling, countertop, table/chairs, and an oven. This request was denied based on the fact that this would change the description of the business from a deli to a restaurant which is not allowed under C-l of the Code. • Mr. Hughes informed the Board that he is asking that Mr. Garafalo be allowed to continue using his deli; he is not changing the character of his business, only refurbishing the existing store and providing a place for customers to sit while waiting for orders. There are no waiters/waitresses in the deli and it should not be considered a restaurant. Notice was received from the Westchester County Planning Board that this matter is for local determination. To allow Mr. Garafalo to make these changes would have no adverse affect on the area; in fact, this is a higher use than the surrounding businesses. To deny this application would be to deny Mr. Garafalo the ability to conduct his business. There will be no additional traffic as a result of this change. Mr. Garafalo has a neat looking store, quality food, and loyal customers. Therefore, Mr. Hughes stated, he requests the Board to allow Mr. Garafalo to continue the operation of his deli and to make the necessary improvements. • Mr. Paolantonio pointed out that Mr. Garafalo has been using this oven for the past eight months and installed it without permission from the Building Inspector. Mr. Margotta stated that a building permit is necessary before any improvement of over $100 is made. Mr. Garafalo agreed that the oven was purchased and the improvements begun without a permit, however, he indicated ttiis-was not done intentionally. Mr. Margotta said that his main concern is that there is one table and one counter but that in the future there may be more tables, etc. He is concerned about the take-out business; if the pizza business increases, there is insufficient parking for customers. Upon a question from Mr. Swaby; Mr. Garafalo explained that before he had the present oven, he used a steam table to heat food; he also needs the new oven for his catering business. f ~f' . \ - %ti'/ fr gV Mr. Ceconi pointed out that it is not the oven nor the fact that the store has been fixed up but the fact that there is a table and chairs that is the cause for concern. Table and chairs make a business a restaurant which does not comply with the Code. ' • - _ _ - Mr. Hughes stated that the table and chairs are used only for people who are waiting for orders and there is no intention of placing additional tables and chairs in the deli. There were no further questions from the Board. Mr. Ceconi made a motion to close the hearings; Mr. Paolantonio seconded the motion. Respectfully submitted, Marie Timmings, acting �wo%. • g w vow STATE * N»w York Slate OHIce of Parks, Recrtttlon and KIttoric PrwervaMon Taconic Region—Staatsburg, New York 12580 914-889-4100 Orin Lehman, Commissioner Uluss (Gus) Thompson, Regional Director Commiwion Members: J—nm F. Lawisohn. Chairman l«on R. Bloom. Vice Chairman P»u« R. Montana Charlvt E. Tarhune J. Hanry N M I O . Jr. Thomas D. McCann WWiam Sloan Qnwnawalt Rockefeller S t a t e Park Preserve 132 Bedford Road North Tarrytown, N.Y. 10510 J u l y 2 3 , 1986 Miss Filomena Fallacaro Village Clerk Village of North Tarrytown Dear Miss Fallacaro, f> This letter is in reference to the appeals application of James Karr to obtain a building permit in the Village of North Tarrytown. He wishes to construct a residence on a piece of property which is adjacent to what has been identified as a "subsequent gift" of land to the State of New York, establishing the Rockefeller State Park Preserve. As this parcel is in the most southerly portion of the future Preserve and away from any trails or vistas, a building will not affect or alter the public use of the Preserve. In addition, consistent with the Environmental Impact Statement, development of adjacent areas will help to mitigate the tax loss as more gift property leaves the tax rolls. Although the issue at hand is the lot width, I hope that these comments are helpful. fincexely. cc : Ray Goll Robert Snyder An Equal Opportunity Employer "i&' ••*-.j-«.'i jbti ,tBS«Si*ffl^fc*teV:S*C^e3SJ«ttal riMZh&U&^iSttitf^Jism t&S-£e£&£4t?Sf& '^k^m^^^^k^^^^^^^^^ �ZONING BOARD BUSINESS MEETING July 24, 1986 Present: Jane Hogan, Acting Chairwoman Edward Swaby Frank Paolantonio Aldo Ceconi James Margotta, Building Inspector Absent: John Arcate, Chairman Robert Ponzini, Counsel In regard to the first hearing of July 24, on an application submitted by Mr. James Karr, Mr. Swaby made a motion to hold off on a decision until the August 7 meeting because the Board was not complete in that there was an acting Chairwoman and Counsel was not present. Mr. Paolantonio seconded this motion; all Board members voted unanimously in favor of the motion. The second hearing regarding Mr. Kloecker's request for a variance to add a bedroom and bathroom to his home was considered next. Mr. Swaby stated that there did *not seem to be any difficulty with this request; there is no encroachment of any significance. The SHTA has not contacted the Board with an opinion and therefore Mr. Swaby made a motion to grant this request in accordance with Section 62.40 (C) (1). ? (1) Required findings for variances. • Every variance granted by the Board of Appeals shall be by resolution and shall contain a specific finding or findings, establishing _that: -, :, (a) There are special circumstances or conditions, fully described in the findings, applying to the land or buildings that do not apply generally to land or buildings in the neighborhood. (b) I !£: | fc; p H'X g?^ Said circumstances or conditions are such that the strict application of!the-provisions of jthe"ordinance would deprive the applicant of the reasonable use of the land or building. (c) For reasons set forth in the findings, the granting of a variance is the only means for the reasonable use of land or buildings. (d) The variance as granted by the Board of Appeals is the minimum variance that will permit the reasonable use of the land or building. (e) Such relief can1be granted without substantial detriment to the public good arid without substantial impairment to the intent arid purpose of the Comprehensive Land Use Plan and the Zoning Ordinance. Mr. Ceconi seconded, to prevent undue economic hardship, the motion and all Board members unanimously approved the motion. �After a short discussion on the third hearing regarding Mr. Garafalo's request, it was pointed out by Mr. Paolantonio that there is no difficulty with Mr. Garafalo continuing his business as he is doing at this time; this includes the use of the new oven, the countertop, and new .flooring. The matter.of concern is the possibility of additonal tables and chairs which would require additional parking spaces. Any addition of tables would cause the business to be classified as a restaurant and this does not meet with the Board's approval. Mr. Margotta advised the Board that each additional table would require an additional; parking space. Additional^retail business would also require more parking spaces. The Board is concerned that Mr. Garafalo made the improvements to the deli without a permit. At the end of -'a short discussionr Mr. Ceconi made a motion to grant Mr.Garafalo's request with the stipulation that only one table and four chairs be permitted for the convenience of the customers. It was further understood by the Board that such limited additions would not change the character of the business from a deli to a restaurant. Mr. Paolantonio seconded this motion and the Board voted unanimously in favor of the motion. The business meeting was adjourned at 9:45 p.m. on a motion by Mr. Ceconi, seconded by Mr. Paolantonio. Respectfully submitted, 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_1986-07-24 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