https://sleepyhollow.localarchives.org/files/original/957fd80c19750d5f7262defb9ac85419.pdf 111121ed63ee1a8114657ec4d68fee14 PDF Text Text ZONING BOARD OF APPEALS Present: • January 16, 1987 John Arcate, Chairman Frank Paolantonio Jane Hogan-Felix Aldo Ceconi Robert Ponzini, Counsel James Margotta, Building Inspector Absent: Edward Swaby Mr. John Arcate, Chairman, opened the hearing of January 15, 1987 at 8:10 P.M. Mr. John Hughes, counsel for Pedro Perez, 10 Andrews Lane, spoke in defense of Mr. Perez1 application for a variance. Mr. Hughes presented proof of notice to residents within 200 ft. of the property in question. He also stated that Pedro Perez of 10 Andrews Lane seeks to convert the use of his house to a legal two family house. The Building Inspector denied Mr. Perez' request for a variance because his property is in violation of Section 62-8-6 of the Zoning Code of the Village. The Code stipulates that an R-5 Zone, where this property is located, requires that a property be 40' wide and an area of 4,000 sq. ft. The Perez property is 36'9" wide and has an area of 3,600 sq. ft. Mr. Hughes continued to explain to the Board that Mr. Perez does not plan any new construction; he only wishes to have his house made a legal two-family house in an area where there are many, other twofamily houses. The property conforms in every respect except for the above-mentioned yard width and area measurement. Mr.. Perez and his wife plan to occupy one apartment in this house and his parents will occupy the other apartment. There is a third, basement apartment presently occupied in the Perez house, however, it will be vacated and the house willbe used s only as a two-family residence. Mr.Hughes advised;the Board that J there have been no complaints from anyone in the neighborhood regarding Mr. Perez property. Mr. Arcate asked Mr. Hughes to explain that there would-be no interior or exterior construction done on'the house. Mr. Hughes informed him that there would not be any construction, there are two separate entrances into the house, there is sufficient parking and there is a driveway on the property. Mr., Margotta advised that Mr. Perez should have;to eliminate the basement apartment; he could keep the bathroom in the basement but he should remove the kitchen. h Miss Ellen McDonough, 23 Kendall Avenue, is concerned about the many multi-family houses in the area which cause congestion on the streets with more cars requiring parking spaces. * Miss Marion Smith, '23/;Kehdall Avenue,.' asked\\ about ^construct ion on the Perez property. She said'that she had seen workmen oh-the roof and • • i ^ ^ ^ ^ : ^ ^ ^ �the rear of the house at 10 Andrews Lane. Mr. Robert Ponzini, counsel for the Zoning Board, stated that the Village Board of Trustees has passed a new Housing Standards Law which will require that summonses be given to home owners with illegal apartments. The Law includes;multi-family dwellings (three or more families) and commercial buildings. The Board members-had no further questions. Mr. Pablantonio made a motion to close the hearing arid Ms. Hogan-Felix seconded his motion. All Board members present voted in favor of the motion. Respectfully submitted, Marie Timmings Acting clerk �ZONING BOARD OF APPEALS Present: January 16, 1987 John Areate, Chairman Frank Paolantonio Jane Hogan-Felix Aldo Ceconi Robert Ponzini, Counsel James Margotta, Building Inspector Absent: Edward Swaby The Business meeting of January 15, 1987 began at 8:30 P.M. The first matter under consideration was the approval of the minutes of the November 20, 1986,meeting. There were no corrections or additions to the minutes and therefore on'a'motion by Mr. Ceconi and seconded by Mr. Paolantonio, they were approved. Mr. Ponzini pointed out that Trustees have enacted a revision to the Code regarding the definition of a family. V Mr. Arcate informed the Board that he had written a letter to.the Trustees, (dated November 5), as the Board decided at our last meeting advising them that the Zoning Board of Appeals plans on reviewing and revising the Code and requested an allocation of $25,000 ? in the new budget. The letter also directed the Trustees attention to the need to make provision in the Code for residences in the'manufacturing zone. The Board confirmed the action of the Chairman, set forth in his November 5 letter. . , :' In regard to tonights Hearing, Mr. Arcate asked the Board members how they felt about the application for a variance on:Mr. Perez' property. He stated that the house now has three apartments with two \ entrances, there is a driveway on the property which has an* uob's true ted rear yard and undersized lot width and total square footage. Mr.--, Margotta pointed out that this house has been a two-family house for many years. Mr. Ceconi commented that there are many houses in the Village that are used as two-family houses however are not assessed as two-family houses. He suggested that in the future, when a variance is granted for a two-family house, that the Assessor receive a copy of the Board's decision. Mr. Ceconi said that he would require Mr. Perez to remove the bathroom from the basement as well as the kitchen. Mr. Ponzini advised^ him that in his opinion the Board could not require Mr. Perez to remove the bathroom from the basement. Mr.. Arcate stated that the deficiencies in the ^property are not extreme and that granting the variance would make the property more : conforming than it has been in the past. Mr. Margotta stated'that if the Board grants the variance there must not be more than two gas and electric meters on the house. '•-.-'.. Mr. Paolantonio made a motion, that the Board grant"this varianceMs. Hogan-Felix seconded his motion. Mr. Arcate pointed*out^to ;the Board that if we grant this variance we do so based on how this "property fits the Code requirements not based on what might be done with His'property Ai-:i.-jiA - jt -^i^XitSr^ ni^-- Ji;^-:MMir^5fa^^ ^^^%^'^"M -**&."£. •,"** «•=*= A^^j^jiii^&3aM9^aA �in the future. Preventing Mr. Perez from using his house as he proposes, does not correct problems elsewhere in the Village. The Board;amended the motion to require the elimination"of the basement apartment at 10 Andrews j Lane, the removal of the basement kitchen and'the assurance that there will be no more than two gas and!: • electric meters on -the house. The variance will not be effective until the above conditions are met. It was also proposed that a copy of this decision will be sent to the Assessor. The Board was polled and Mr. Paolantonio, Ms. Hogan-Felix, arid Mr. Arcate voted in favor of the motion as amended and Mr. Ceconi voted against the motion. The motion was approved, three to one. Mr. Arcate advised the Board that a request has been received from Roy & Mdndello, Attorneys atr Law, ,;f or a copy - of -the minutes of <the;|. , February 7, 1985 meeting of the ^Zoning*(Boardduring TwHich a ^varianceiwas granted to Samuel Viera. Following a discussion of this application?and the.Board's prior decision, the Board'reaffirmed its prior action in granting the variance for insufficient lot size'- arid .side yard requirements for Mr. SamueL Viera and for the continued two-family occupancy of his premises at 27 New Broadway, North Tarrytown, N.Y. Mr. Arcate informed thezBoard that he has completed a•review of a first draft .of a new Code. He has given it to.Mr. Mar gotta for his comments. Following this the draft will be rotated to each Board member. The next meeting will Be January 22 and the" meeting following that will be on March 5. The meeting was adjourned at 9:25. 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-1987 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_1987-01-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-1987 Date A point or period of time associated with an event in the lifecycle of the resource 1987 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