https://sleepyhollow.localarchives.org/files/original/9d0cda7560133bddecdf0466adb4714d.pdf 9e2a9f3916baa90c7821349ddf80a007 PDF Text Text MINUTES OF THE ZONING BOARD VILLAGE OF NORTH TARRYTOWN, NEW YORK April 28, 1988 Present: Aldo Ceconi, Acting Chairman, James Karr, Steve Maceyak, Frank Paolontonio, John J. ^ ; Hughes, Jr, Counsel, James Margotta, Building Inspector. / Acting Chairman Ceconi called the meeting to order at 8:00 p.m. Frank Paolontonio moved that Aldo Ceconi be named Acting Chairman for the meeting. The motion was seconded and passed unanimously. Mr. Ceconi moved to postpone to the next meeting the naming of a Chairman and vice Chairman. Mr. Karr seconded the motion. Motion passed unanimously. 1. Matter of Joseph Poletti, Lillian Poletti and Frank Greco, 206 North Washington Street, North Tarrytown, New York Public Notice attached hereto, was read/ by the secretary to the Board. This is an application to convert a single family dwelling to a two-family dwelling. Mr. Poletti was present and stated that they needed a variance; however, there is room in the back for parking. He stated that they have knocked down the garage which was in the back and that gives them ample parking space, three to four cars, for the people who will live there. He advised that they will not be changing anything on the exterior and little will be changed on the interior. ~ He also advised that they will install another bathroom and kitchen. �* \ A discussion ensued concerning lot coverage. Mr. Margotta stated that the lot size is 2,550 square feet; it should be 4,000. • He stated the lot width is 30 feet; it should be 40. He further advised that one side yard is 1 foot 6, when it should be 3 feet, and both sides add up to 9 foot 6. Mr. Hughes questioned the need for this variance, and specifically whether the applicant could demonstrate economic hardship. Mr. and Mrs. Poletti advised that Mrs. Poletti*s children would be occupying the house and they wanted two separate apartments, one for her daughter and one for her son who is getting married. Mrs. Poletti stated that the house was built before the zoning. Steve Maceyak moved to close the Hearing. the motion. James Karr seconded Motion carried unanimously. ?s 2. Matter of Country Manor Homes, Inc., 48 Pocantico Street, North Tarrytown, New York (Section 15, Block 12, Lot 6) Public Notice was read^ by the secretary to the Board. Donal M. Walsh, Jr., Esq. advised that he was appearing on behalf of Country Manor Homes and submitted copies of environmental review papers and Affidavit of Service to area residents. Mr. Walsh advised that all of the principals of Country Manor Homes were present to answer any questions. He stated that they had been before the Planning Board and were referred here. Mr. Walsh gave a brief analysis of the project and advised that they tried to come up with a design that tries to pick up concepts of a smaller, more affordable type house within a two-building arrangement • -2- �and at the same time, tries to pick up something that's compatible with the neighborhood. He also outlined some of the concerns of the Board - screening, landscaping, parking. Mr. Dominick Angello addressed the Hearing regarding the content of the drawings. He stated that he is one of the principals of Country Manor Homes. Mr. Angello stated that there is proposed 16 living units, 12 one-bedroom units and 4 two-bedroom units. He advised that the units would sell for approximately $150,000. Mr. Angello stated that, after talking with the Town, they came up with the idea of indoor parking. He stated that they came up with 26 spaces, some indoors, for 16 units. After being questioned by Mr. Maceyak, Mr. Angello advised that it would be frame construction. Mr. Sean Tracey expressed concern about the number of units and the effect on parking. Mr. Angello stated that the number of units was negotiable, as was the whole package. Mr.. Nevado Pirres also expressed concern about the number of units and the close proximity of the project to his house. Mr. Walsh advised that they were within the code as far as distance from his house and that he would urge his clients to discuss with Mr. Pirres something appropriate in terms of walling or screening to insure his privacy. Diane Martelli expressed concern regarding a retaining wall which exists on her property. Mri Walsh assured her that they will make certain that it stays a retaining wall and if necessary, they will rebuild her wall as part of their wall. Mr. Walsh stated that they will have their landscaper work with her on that. �After being questioned by Mr. Pirres, Mr. Walsh advised that there will be no access to the project through North Washington Lane; the only access will be through Pocantico Street. Mr. Albert F. Martin asked the height of the building. Mr. Angello advised that it would be about 33 feet - from the curb, it will be about 37 feet high. Mr. Walsh stated that they are permitted 45 feet under the Code. Mr. Martello questioned the width of the driveway and was advised by Mr. Angello that it will be 24 feet, which is intended to meet the requirements of the Planning Board. Mr. Martello also asked if there would be a fire hydrant on the property and whether there would be a rear entrance to serve as a fire escape. Mr. Walsh advised that that is up to the determination of the Fire Department. Mr. Tracey again expressed concern about the number of units and asked if the principals would go for 14 units. Mr. Rocco Martello stated that the biggest concern of the residents is the parking problem on Pocantico Street. Mr. Carlos Cestoni also expressed the same concern. Mr. Walsh stated that Country Manor Homes was willing to go on record as saying that they would keep the 26 parking spaces, but reduce the density from 16 to 14 units. Frank Paolontonio made a motion to close the Public Hearing. motion was duly seconded and unanimously passed. -4- The �Matter of Colabella Contracting Corp. (Sectxon 17, Block 14, Lots 1, 2, 3 and 4) The three Public Notices were read by the secretary to the Board. Donal M. Walsh, Jr., Esq. advised that he was representing Colabella Contracting and presented the requisite proofs of service and a completed Environmental Assessment Review form prepared for the project. Mr. Walsh advised that based on a concern that the character of the neighborhood would be effected by a recognition of two-family homes on slightly nonconforming lots, they undertook a survey in the neighborhood - Dell Street, Anderson Avenue and Tappan Avenue, and they discovered 29 lots under 4,000 square feet, of which 9 had legal two-family residences. Mr. Walsh stated that one of the concerns of the Board which came up with the earlier application was how to get enough parking on-site to get everything off the street. Mr. Colabello advised that they propose for each family to have their own garage - two garages and get two cars in each. He further stated that the driveway could accommodate guest parking. Mr. Walsh stated that this could be a model-type house for this kind of area. He stated that the proposed subdivision includes the construction of two two-family houses,- and the idea of having extra parking underneath meets the concerns expressed at earlier Hearings. Mr. Walsh indicated that instead of having 4,000 square feet, as required, on one lot they would be just 29 square feet short and on the other, they would be 196 square feet short. �Mr. Dennis Fitzgerald, a resident of the area, addressed the Hearing with his concerns. He suggested that the existing structure be left alone and that one other building be erected, rather than two. Mr. Fitzgerald requested that the Board consider denial totally of the application and allow them to build in conformance with the Code. John J. Hughes, Jr., Esq., Counsel to the Board, read a letter from Mr. Luigi Tucci, a resident of the area, stating his objection to the application. Mr. Walsh responded to the letter. Mr. Dennis Fitzgerald commented that he believes the plan is an affirmative step with respect to the model and the parking, but he felt that two houses should not be put on those lots. A motion was duly made, seconded and passed to close the Public Hearing. BUSINESS SESSION Matter of Joseph Poletti, Lillian Poletti and Frank Greco, 206 North Washington Street, North Tarrytown, New York Frank Paolontonio stated that he thought the lot was awfully small. Steve Maceyak agreed stating they they have almost 90% coverage of the lot and it's 1,450 square feet short of minimum area requirements. Steve Maceyak made a motion to deny the application. was seconded by Frank Paolontonio. The motion The reason for denying the application is that the applicant did not show the special circumstances required by Section 62-40 of the Code and that the applicant, in addition, -6- �did not show that the strict application of the ordinance would deprive them of a reasonable use of the land in that they can stall use the property as a single-family dwelling. 2. Matter of Country Manor Homes, Inc., 48 Pocantico Street, North Tarrytown, New York (Section 15, Block 12, lot 6) Mr. Maceyak stated that he firmly believes that the property should be developed and feels that the plan is basically good, but he has trouble with the density. He stated that a lot of the variances may not be needed if the density was brought down. Aldo Ceconi indicated that they are only 2% off on coverage and questioned why that couldn't be cut down to the right amount - 30%. Dominick Angello stated that they could cover 30. Mr. Angello stated that they are willing to cut down the number of units from 16 to 14 and requested a little give from the Board so that the project could be kept in proportion. Concerning coverage, it was agreed to reduce the coverage from 32% to 30% and, therefore, the variance was denied. Concerning minimum rear yard of 25 feet, it was stated that that would be met by reducing the coverage. A discussion ensued concerning the size of parking spaces. The variance concerning the size of spaces was granted, subject to the Planning Board's determination. A discussion was held concerning the parking spaces in the front of the building. It was agreed to grant this also, subject to the determination of the Planning Board. Mr. Ceconi stated that since they were going to cut down on the number of units, why couldn't the size of the building be cut down. Mr. Walsh agreed that they would reduce the size of the building. -7- �A discussion ensued concerning the size of the building and the parking situation. A motion was made by James Karr that the Board grant 1H units. Motion seconded by Steve Maceyak. Mr. Hughes, Counsel, stated that the motion should state that strict application of the provision deprives the applicant of reasonable use of his property, that the variance is in conformity with the neighborhood and the interest of the neighborhood as a whole and furthermore, that this matter be referred back to the Planning Board so they can undertake the necessary site plan review so that some of the other issues which are presented by the applicant may be resolved. Mr. Walsh advised that they were withdrawing Number 2, which deals with coverage, and also Number 3, which is the minimum rear yard size. The above motion was not carried. Mr. Maceyak moved to grant the variance requested on the following specific terms and conditions: 1). The density variance from section 62-86 of the Zoning Code be granted so that the applicant may construct thirteen (13) dwelling units: 2). The variance from section of the Code be granted so that the applicant may construct two principal buildings on the lot: 3). The variance requested by one Applicant from section of the Zoning Code regarding the size and area of parking spaces be granted, with the final determination left to the Planning Board and its consultants to determine the size and area of all parking spaces on the sate. 4). The variances from the coverage and rear yard setback requirements of the Zoning Code, section 62-86 be denied. (8) �5). The variance as to width of the front yard, section 62-86, be granted. • 6). The variance as to front yard setback, section 62-86, be granted, with the final determination left to the Planning Board and its consultants to determine the appropriateness of this reduced setback. Mr. Maceyak stated that the strict application of these provisions would denyied the applicant of a beneficial use of his property, that the variances granted are in harmony with the interest of the neighborhood. This motion was seconded and carried unanimously. 3. Matter of Colabella Contracting Corp.(Section 17, Block 14, Lots 1,2,3, and ii) Mr. Maceyak stated that under the Code, they could take down the old house and put two two-family houses on the property with attached garages on the sides, in which case the houses could have big basements which might lead to a third family living in the house. He stated that this is why they came up with the parking plan that they did. Mr. Maceyak stated that Dennis Fitzgerald's concerns are valid, that the street is crowded, but he felt that that was the Village's problem, not the builder's. Mr. Maceyak stated that the Village has to address the fact that maybe it should be a one-way street, maybe there should be parking on one side, or maybe there should be a lot more emphasis on people using their driveways. Mr. Maceyak questioned that if they took down the existing garage on the old house, would they be able to provide parking for one family house. He was advised that it would be created in the front. A discussion ensued regarding problems that would arise if the owners / of the existing one-family house requested to make it a two-family house/ -9- �Mr. Walsh advised that there would be a deed restriction. • Mr. Maceyak stated that a lot of the matters brought up have to be addressed by the Planning Board - the runoff on Dell Street, whether the property could support the homes, etc. Steve Maceyak moved that the Board grant the variances and allow the houses to be built. James Karr. The motion was seconded by The motion failed. Aldo Ceconi felt that they should be granted permission to build one-family homes. Mr. Walsh requested that the Board consider one one-family and one two-family home. disagreed. Mr Ceconi Mr. Ceconi stated his opinion that they could put an addition on the existing home, making it two-families, and then build a two-family, for a total of four families, instead of five. He further stated that this could probably be done without coming to the Board. Mr. Walsh requested the Board to consider three one-family houses, the existing house and two neKhouses. had no problem with that. Mr. Maceyak It was stated that it would still be non-conforming as to square footage. Counsel Hughes stated that these are area variances that are being discussed, rather than use. He stated that the area required is 4,000 square feet and none of the lots comply. Mr. Hughes advised that the New York State Law requires that the applicant must demonstrate practical difficulties in terms of an area variance. He further advised that the Village Code says that the applicant must show special circumstances or unique circumstances. -10- �Mr. Walsh stated that the lots are very, very slightly undersized • and requested that the lots be favorably considered. James Margotta advised the Board that they sould keep in mind that these are tax lots, not Village lots, and they are converting them to building lots. Mr. Margotta said that what makes matters worse is that on the existing house, the garage is built right up to the property line. A discussion ensued concerning lot sizes. Mr. Firzgeral stated that he would feel comfortable if the six lots were subdivided into two parcels, one house on each parcel. (the existing and one new). Mr. Walsh again requested the board to favorably consider three one-family houses, which will have parking for eight cars. Mr. Fitzgerald stated that he felt that the need for area variances has not been shown with what was presented. He asked the Board not to allow this variation in Code for the purpose that has been presented, either as to two two-family houses or as to two one-family houses. Mr. Maceyak moved that the Board grant each separate variance on the lots, on the condition that one-family homes be built, that four parking spaces be provided at each residence, that on the existing house where the garage is being taken down; off-street parking be provided for that house. was duly seconded. Mr. Ceconi voted against. The motion The vote was 3 to 1. Mr. Maceyak, on advice of Mr. Hughes, amended the motion to include the fact that the applicant has demonstrated the • requisite practical difficulties in every lot, that being - (It) w. %'- 1: '<£%-'• ••••,;'-••''-- -i»Tir*'- ^ix4^-i~^-,rAw«^ik^Ss^iS^^s&^^»s^ii^^A^^i �Lots 1 and 2, 3 and 4, and 5 and 6, and that the Board feels » that , in granting these area variances, there was minimum deviation of the Code. The motion was passed unanimously. Aldo Ceconi made a motion that the meeting be adjourned (ia> ££**- E .:-*-.-' i4iA*^ii2A«r^^&«i^iS^X4J^a?j^^ '^^riSi=B^5^=r«&fe-=fej �RESOLVED: 1. |> « The Zoning Board of Appeals (the "Board") of the Village of North Tarrytown hereby designates itself "Lead Agnecy" for purpose of considering the environmental effects of the following project: Applicant: Poletti Premises: 206 N. Washington Street Project: 2. The Board has examined a Short Environmental Assessment Form prepared by the applicant. 3. The action as above described is an unlisted action pursuant to Article 8 of the Environmental Conservation Law and Part 617 of the Rules and Regulations promulgated thereunder, and will, in and of itself, not have a significant effect on the environment, so that no Environmental Impact Statement is required or need be filled therefor. 4. Nothing herein contained, however, shall be deemed to indicate or suggest that subsequent submissions for development of the property will not require the preparation arid filing Environmental Impact Statements. 5. This resolution is a of , Negative Declaration for the purposes of Article 8 of the Environmental Conservation Law, Local Law Environmental Quality Review Act for the Village of North Tarrytown, and will be kept on file at the Village Hall and be available for public examination. Dated : </-' 3 0 - fr* • Village Counsel �RESOLVED: 1. The Zoning Board of Appeals (the "Board") of the Village of North Tarrytown hereby designates itself "Lead Agnecy" for purpose of considering the environmental effects of the following project: Applicant: County Manor Homes 2. Premises: Pocantico Street Project: Density, Area Variances The Board has examined a Short Environmental Assessment r Form prepared by the applicant. 3. The action as above described is an unlisted action pursuant to Article 8 of the Environmental Conservation Law and Part 617 of the Rules and Regulations promulgated thereunder, and will, in and of itself, not have a significant effect on the environment, so that no Environmental Impact Statement is required or need be filled therefor. 4. Nothing herein contained, however, shall be deemed to indicate or suggest that subsequent submissions for development of the property will not require the preparation and filing of for the Environmental Impact Statements. 5. This resolution is a Negative Declaration purposes of Article 8 of the Environmental Conservation Law, Local Law Environmental Quality Review Act for the Village of North Tarrytown, and will be kept on file at the Village Hall and be available for public examination. Dated: </-*>0- £ ? �< RESOLVED: 1. The Zoning Board of Appeals (the "Board") of the Village of North Tarrytown hereby designates itself "Lead Agnecy" for • purpose of considering the environmental effects of the following project: Applicant: Clabella 2. Premises: Tappan Avenue Project: Area Variances The Board has examined a Short Environmental Assessment < Form prepared by the applicant. 3. The action as above described is an unlisted action pursuant to Article 8 of the Environmental Conservation Law and Part 617 of the Rules and Regulations promulgated thereunder, arid will, in and of itself, not have a significant effect on the ^^r' environment, so that no Environmental Impact Statement is required or need be filled therefor. 4. Nothing herein contained, however, shall be deemed to indicate or suggest that subsequent submissions for development of the property will not require the preparation and filing of for the Environmental Impact Statements. 5. This resolution is a Negative Declaration purposes of Article 8 of the Environmental Conservation Law, Local Law Environmental Quality Review Act for the Village of North Tarrytown, and will be kept on file at the Village Hall and be available for public examination. Dated: Village Counsel � 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-1988 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_1988-04-28 Subject The topic of the resource Zoning Board Minutes & Resolutions-1988 Date A point or period of time associated with an event in the lifecycle of the resource 1988 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