https://sleepyhollow.localarchives.org/files/original/92dcd581be2b3b3f0d0605d35072c737.pdf a61be573889b130df0806ec935f4f364 PDF Text Text ZONING BOARD OF APPEALS Present: HEARING-November 20, 1986 John Arcate, Chairman Edward Swaby Frank Paolantohio Jane Hogan-Felix Aldo Geconi Robert Peirce, Counsel James Margotta, Building Inspector The meeting of November 20 was called to order by Chairman Arcate at 8:05 P.M. The first hearing to be considered was the application of Mr. John Malandrino of 11 Francis Street. .Mr. Malandrino presented receipts of notices sent to the neighbors within 200 ft. of his property. He explained to the Board that there was a swimming pool on the property that he bought at 11 Francis Street which the previous owner disassembled before selling the house to Mr. Malandrino; he would like to reassemble the pool for his own use. The pool was originally put on the property at 11 Francis Street without a permit. Mr. Malandrino is now applying for a variance to use this pool legally. The pool is an 18 foot circular above-ground pool; the yard is approximately 25' wide by 30' deep. There will be approximately 3%-4% feet on each side of the pool and the yard is fenced in. Mr. Margotta said that the depth of the property at 11 Francis Street s sufficient for the pool, the side line is questionable. (Check Code, paragraph 62-17B). Over the years that the previous owner used this pool there were no complaints from the neighbors. There was no one at the hearing of November 20 that objected to Mr. Malandrino setting up the pool for his use. Mr. Paolantonio made a motion to close this portion of the hearing; Ms. Jane Hogan-Felix seconded his motion and it was unanimously approved. The second hearing was in regard to the application of Ester and Miguel Diaz, 216 Beekman Avenue, requesting permission to construct an addition on their house. The house is located in an."M" (manufacturing) zone which excludes commercial and residential use, (Code paragraph;62T10B). The addition requested by Miguel Diaz .would include an extra room on the first and second floors with an extent ion to a third floor dormer which was previously built on the house. Ms. Hernandez, daughter of Mr.. Diaz, showed the board copies of a plot plan of their property which indicated that the house is in Zone C-2. Chairman Arcate explained to her that the C-2 designation was an error and the house is actually in an "M" zone. Ms . Hernandez * explained their need for this addition \ and;- advised ^ the Board that the dormer was built in 1980 with 'the jpermission of the Building Inspector. Mr. Hernandez questioned why Mr .Margotta, Building Inspector, denied their application now when the Building Inspector for the Village ^jgave them approval to build the dormer in 1980. Mr. Arcate said that'he ^pxmld not explain the reason for the approval .in 1980. He advised!Ms: ^Hernandez that it was appropriate;for,Mr. Margotta to deny their application at this time based on the fact that their house is in an "M" zone.* Ms. Hernandez continued to explain their need for one more bedroom on the first �I -2and second floors of the house and an enlarged kitchen on the third floor. She stated that the house is presently being used for one family on the first, second and third floors with a family in the basement as well, (four families) . ' <•-- ~_ . , • Ms. Louise Carter, 54 Hudson Street addressed the Board and expressed her disapproval of the Board granting this application. Mrs. Elizabeth Mikulasek of 218 Beekman Avenue also expressed her disapproval of the proposed addition. Mr. Michael Highland, 220 Beekman Avenue said he is concerned about how fire trucks could get into the back yards of these houses along this section of Beekman Avenue. No one else elected to speak for or against this application, therefore, Ms. Jane Hogan-Felix made a motion to close the hearing. Motion was seconded by Mr. Swaby and approved unanimously. Respectfully submitted, Marie Timmings Acting clerk �ZONING BOARD OF APPEALS Business Meeting - November 20, 1986 The minutes of the October 23 hearing/business meeting were approved without any corrections or additions on a motion by Ms. Jane-Hogan Felix and seconded by Mr. Aldo Ceconi and approved unanimously. Old business: The application made by George Kuntz, Farrington Avenue, has been decided upon by the Board. New business: In regard to Mr. Malandrino's application to reassemble a swimming pool in his back yard, Mr. Swaby asked for specifics regarding the rear yard measurements. Mr. Paolantonio questioned whether or not there was any opposition to the use of this pool by any neighbors ; he was assured that there was not, either through correspondence or by their presence at this hearing. It was noted that the adjacent property to the rear was unused Village land. Based on the fact that there is no opposition to Mr. Malandrino's request, and there is no reason to deprive him of the use of this pool, nor will it harm any of his neighbors, Mr. Paolantonio made a motion to grant the variance for the use of the pool based upon Code paragraph 62-2 and 62-40C. The motion was seconded by Ms. Jane Hogan-Felix. Mr. Malandrino was advised that this variance is only for the life of the existing supporting structure of the pool and if and when he wishes to construct another pool, he will have to reapply for a variance at that time. Board voted unanimously in favor of motion. In regard to the hearing on Ester and Miguel Diaz1 application and after a great deal of concerned discussion, the following considerations \tere reviewed by the Board: t -The Diaz house is located in an "M" zone. -The "M" zone regulations do not stipulate set back, required square footage per family, or number of required parking spaces. -The Board questioned whether it should of itself apply restrictions to house in the "M" zone. ; -Should the Board in keeping with the code allow extensive additions to houses which are not permitted in an "M" zone? -Mr. Swaby pointed out that this house has already been changed into a four family house. -Would the Village be better served if the Village rezoned the area? -There are not any code requirements upon which to base an approval of this application. -The Board could attempt to treat this property as if it.was not in an "M" zone and treat it as being a multiple dwelling, however, the house cannot satisfy lot size, side yard requirements, or off street parking regulations under zone R5. -The Board should request the Village to consider rezoning this area and to provide guidelines for such situations. • Mr. Swaby made a motion to deny :this application'tased on the fact'that the "M" district does not allow for residence use per code paragraph 62-10B. Mr. Paolantonio seconded the motion. Upon a roll call for votes, there was a three to two decision to deny the application; Mr. Swaby, Mr. Paolaritbiiio nd Ms. Jane Hogan-Fel ix voted in favor of the Motion and Mr. Ceconi voted against it Mr. Arcate was also opposed. Mr. Arcate advised the applicant that he will draft a letter to the �-2^ ^ Planning Board and the Board of Trustees pointing out that there are no ^^provisions or regulations in the code upon which to base a decision to grant this application. Depending upon what the Board decides to do, the applicant may re-apply in six months or appeal this decision in State Court. Upon a motion by Mr. Paolantonio and seconded by Jane Hogah-Felix, the meeting was adjourned at 10:20 P.M. All Board members approved the motion. Respectfully submitted, Marie Timmmgs Acting clerk �VILLAGE OF NORTH TARRYTOUN ZONING BOARD OF APPEALS December 5 1986 Mayor and Board of Trustee: The members of the Zoning Board of Appeals have asked me to bring to your attention the natter of appeal of November 20, concernirig Mr. and Mrs. Diaz of 216 Beekman Avenue, (minutes attached). As is clear from these minutes of the hearing and the business meeting the Zoning Board of Appeals complied with the clear prohibition of the code paragraph 62-10B arid did not substitute any standard of its own which might be in keeping with the purpose of the code. The question we put before you is whether, the code definition of the Manufacturing District is consonant with the Board of Trustees view of the best interest of the Village? The Zoning Board of Appeals suggests that the defacto circumstances are that residences do exist in the greater portion of this area and the code should be revised to provide for them. You as Trustees have the option of pursuing a change in the Zoning Map. However, it may be equally effective and less troublesome to simply revise the code to provide for residence by incorporating the requirements of Zone R4 or R5 as applicable to residences in the "M" Zone. We urge you to act on this matter and await your decision. In regard to other matters of current interest; (1) The Zoni ng Board of Appeals appreci ates the Trustees action in creating the positions of alternate member of the Zoning Board of Appeals and would be pleased to offer advice in the selection of candidates. (2) The Zoning Board of Appeals welcomes the Trustees action in revising the Code to include a definition of "family" as a much needed standard for not only the Zoning Board of Appeals but also the Building Inspector and citizens in general. (3) The Zoning Board of Appeals previously described plans for a review of the code in its entirety are progressing \toithe point of requiring professional support in 1987. We, therefore, request that such expense be included in the next Village Budget. We are told that such expense nay be in the order of $25,000. Yours truly, John A. Arcate, Chairman Att: Minutes of November 20, 1986 - . - ^ . j ^ - - --abr-'-i U i ^ i ^ - ' J - ^ ^ U : - •atse v ^ 4 £ C £ E r £ b C £ ^ £ ^ e & & ^ ^ £ l & rVJti&&&&»£fattj&M^ �ZONING BOARD OF APPEALS HEARING-November 20; 1986 •> Present: John Arcate, Chairman Edward Swaby Frank Paolantonio Jane Hogan-Felix Aldo Ceconi Robert Peirce, Counsel James Margotta, Building Inspector The meeting of November 20 was called to order by Chairman Arcate at 8:05 P.M. The first hearing to be considered was the application of Mr. John Malandrino of 11 Francis Street. Mr. Malandrino presented receipts of notices sent to the neighbors within 200 ft. of his property. He explained to the Board that there was a swimming pool on the property that he bought at 11 Francis Street which the previous owner disassembled before selling the house to Mr. Malandrino; he would like to reassemble the pool for his own use. The pool was originally put on the property at 11 Francis Street without a permit. Mr. Malandrino is now applying for a variance to use this pool legally. The pool is an 18 foot circular above-ground pool; the yard is approximately 25' wide by 30' deep. There will be approximately 3%-4% feet on each side of the pool and the yard is fenced in. Mr. Margotta said that the depth of the property at 11 Francis Street is sufficient for the pool, the side line is questionable. (Check Code, paragraph 62-17B) . Over the years that the previous owner used this pool there were no complaints from the neighbors. There was no one at the hearing of November 20 that objected to Mr. Malandrino setting up the pool for his use. Mr. Paolantonio made a motion to close this portion of the hearing; Ms. Jane Hogan-Felix seconded his motion and it was unanimously approved. The second hearing was in regard to the application of Ester and Miguel Diaz, 216 Beekman Avenue, requesting permission to construct an addition on their house. The house is located in an "M" (manufacturing) zone which excludes commercial and residential use, (Code paragraph 62-10B) . The addition requested by Miguel Diaz would include an extra room on the first and second floors with an extention to a third floor dormer which was previously built on the house. Ms. Hernandez, daughter of Mr. Diaz, showed the board copies of a plot plan of their property which indicated that the house is in Zone C-2. Chairman Arcate explained to her that the C-2 ,t designation was an error and the house is actually in an M" zone. Ms. Hernandez explained their need for this addition and advised-the Board that the dormer was built in 1980 with the permission of the Building Inspector. Mr. Hernandez questioned why Mr. Margotta, Building Inspector, denied their application now when the Building Inspector for the Village gave them approval to build the dormer in 1980. Mr. Arcate said that he could not explain the reason for the approval in 1980. He advised Ms. Hernandez that it was appropriate for Mr. Margotta to deny their application at this time based on the fact that their house is in an "M" zone. Ms. Hernandez continued to explain their need for one more bedroom on the first �and Second floors of the house and an enlarged kitchen on the third floor. She stated that the house is presently being used for one family on the first, second and third floors with a family in the basement as well, Jpfflfour families) . Ms. Louise Carter, 54 Hudson Street addressed the Board and expressed her disapproval of the Board granting this application. Mrs. Elizabeth Mikulasek of 218 Beekman Avenue also expressed her disapproval of the proposed addition. Mr. Michael Highland, 220 Beekman Avenue said he is concerned about how fire trucks could get into the back yards of these houses along this section of Beekman Avenue. No one else elected to speak for or against this application, therefore, Ms. Jane Hogan-Felix made a motion to close the hearing. Motion was seconded by Mr. Swaby and approved unanimously. Respectfully submitted, Marie Timmings Acting clerk �^ZONING BOARD OF APPEALS Business Meeting - November 20, 1986 The minutes of the October 23 hearing/business meeting were approved without any corrections or additions on a motion by Ms. Jane-Hogan Felix and seconded by Mr. Aldo Ceconi and approved unanimously. Old business: The application made by George Kuntz, Farrington Avenue, has been decided upon by the Board. New business: In regard to Mr. Malandririo's application to reassemble a swimming pool in his back yard, Mr. Swaby asked for specifics regarding the rear yard measurements. Mr. Paolantonio questioned whether or not there was any opposition to the use of this pool by any neighbors; he was assured that there was not, either through correspondence or by their presence at this hearing. It was noted that the adjacent property to the rear was unused Village land. Based on the fact that there is no opposition to Mr. Malandrino's request, and there is no reason to deprive him of the use of this pool, nor will it harm any of his neighbors, Mr. Paolantonio made a motion to grant the variance for the use of the pool based upon Code paragraph 62-2 and 62-40C. The motion was seconded by Ms. Jane Hogan-Felix. Mr. Malandrino was advised that this variance is only for the life of the existing supporting structure of the pool and if and when he wishes to construct another pool, 1 he will have to re -apply for a variance at that time. Board voted unanimously in favor of motion. In regard to the hearing on Ester and Miguel Diaz1 application and after a great deal of concerned discussion, the following considerations were reviewed by the Board: -The Diaz house is located in an "M" zone. -The "M" zone regulations do not stipulate set back, required square footage per family, or number of required parking spaces. -The Board questioned whether it should of itself apply restrictions to house in the 'Ttf" zone. -Should the Board in keeping with the code allow extensive additions to houses which are not permitted in an "M" zone? -Mr. Swaby pointed out that this house has already been changed into a four family house. -Would the Village be better served if the Village rezoned the area? -There are not any code requirements upon which to base an approval of this application. -The Board could attempt to treat this property as if it was not in an "M" zone and treat it as being a multiple dwelling, however, the house cannot satisfy lot size, side yard requirements, or off street parking regulations under zone R5. -The Board should request the Village to consider rezoning this area and to provide guidelines for such situations. Mr. Swaby made a motion to deny this application based on the fact that the "M" district does not allow for residence use per code paragraph 62-10B. Mr. Paolantonio seconded the motion. Upon a roll call for votes, there was a three to two decision to deny the application; Mr. Swaby, Mr. Paolantonio and Ms. Jane Hogan-Felix voted in favor of the Motion and Mr. Ceconi voted against it Mr. Arcate was also opposed. Mr. Arcate advised the applicant that he will draft a letter to the �-2Planning Board and the Board of Trustees pointing out that there are no provisions or regulations in the code upon which to base a decision to grant this application. Depending upon what the Board decides to do, the applicant may re-apply in six months or appeal this decision in State Court. Upon a motion by Mr. Paolantonio and seconded by Jane Hogan-Felix, the meeting was adjourned at 10:20 P.M. All Board members approved the motion. Respectfully submitted, >u 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_1986-11-20 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