https://sleepyhollow.localarchives.org/files/original/766e01589713de43966c92cc0a9c4456.pdf c004a969afdbca0901e63fb2a7c0cb66 PDF Text Text A regular meeting of the Zoning Board of Appeals was held on Wednesday, October 16, 1996 at 8:00 PM in Village Hall 28 Beekman Avenue, North Tarrytown, New York 10591 Members Present: Robert Anello, Chairman Gary McLean Linda Moiron John Morabito Absent: Angelo Lomoscolo Miguel Jiminez James Timmings, III Also Present: James Margotta, Building Inspector Emanuel Lobato, Esq. IN THE MATTER OF 227 KELBOURNE AVENUE, NORTH TARRYTOWN, NEW YORK 10591 Proof of return receipt was submitted to the Building Inspector. Mr. Barstow is the architect for the applicant. This project is a relocation of an existing garage. He has reviewed the Zoning code and wanted to bring to the attention of the Board that a part of the Zoning code allows the side yard. He agrees that the applicant needs a variance. Section 62 13 Paragraph C discusses accessory use or uses, discussion ensued. Mr. Anello stated that a variance cannot be given if there is more than 30%. A rear yard is more than 3 0ft.,25 ft rear yard is required. An accessory use may occupy no more than 30% of the area of a required rear yard. A required rear yard is 25 ft. It must be at least 25ft deep. The rear yard is 75 x 25. The accessory building should not be more than 30%. This does not appear to be larger. Mr. Barstow stated that its under 30% that is why he though it would not be in violation. There are still side yard problems. In the Manors, 25 feet for a garage is an incredible piece of property, a lot are in violation. Mr. Anello stated that new construction does not have problems with the 25 ft. requirement. Discussion ensued. At the point during the meeting the Zoning board will now discuss the variance. The Zoning Board would need to know the benefits, hardship and other eliminates. Mr. Barstow stated that for an area variance there is no requirement for hardship. Mr. Anello stated that to have an area variance the applicant must consider the benefit and welfare of the community. The garage is 25ft in front of property line. Anything behind a garage is usually not maintained �or usable. The applicant is trying to stay in keeping with rest of garages in the Manor by keeping with neighboring surroundings and adjourning properties by creating something that fits the area. • The architect stated that he would be happy to conform with the side yard, this is not a problem. He would make it five feet if he had some kind of lead way on the rear yard changing it from 25 to 8 ft. He would need a 17ft variance. The benefit would be that as a result the size of the back yard would have to be reduced. There is no undesirable change because it is similar to the other houses in the area. The back yard is larger, 17 feet in some cases is substantial. Mr. Barstow stated that this is self created and that he had also filled out an environmental impact statement. A motion was made to open the public hearing, seconded by Gary Mclean. Being no comment Mr. Morabito made a motion to close the public comments seconded by Mr. McLean. DISCUSSION Mr. Morabito stated that the garage is located very close to the door in the back yard. They always had a side yard. If we insisted that there be 25ft there is no sense in taking the garage down and putting one up. Mr. Anello stated that the Board of Trustees decided that it should be 25ft because people do not want garages in their rear yard. t Mr. Anello stated that no one who would be concerned is here tonight. If there was a complaint there would be a valid reason for discussion. Mr. McLean asked why would you have an existing structure rather than have the whole back yard space. If it was attached closer to the house the garage would fit perfectly and the applicant would have the whole back yard space. Mr. Barstow stated that there is a sun room also attached to the back of the home. The idea is to have a straight driveway. Mr. Margotta stated that Section 62-13 discusses accessory use in a residential area, the location of the side yard, the rear yard should be looked into. Everything discussed tonight is correct. There is a provision of many things. Ms. Moiron is concerned about yard space. Mr. Barsow stated that the garage is about the same size. There is no major increase its 22 x 22, a standard two car garage which is accessible for this house. Discussion ensued. Mr. Anello made a motion to grant the requested variance from the rear yard lot line. The applicant there is ft. from the side yard and that it is understood that the applicant would have to go before the Architectural Review Board which is required and that when demolition the existing structure occurs the applicant goes the Village code regarding demolition., seconded by Mr. McLean. Motion carried unanimously. • �Mr. Mclean made a motion pursuant to SEQRA to declare this a Type II Action which will have no adverse impact on the environment, seconded by Mr. Morabito, motion carried unanimously. IN THE MATTER OF 28 MERLIN AVENUE, NORTH TARRYTOWN, NEW YORK 10591 Mr. Joseph Trotti stated the he needed a side yard variance for a new garage and foundation. The variance was three standing. If it was not for the snow storm it would still be three standing. It needs a four inch variance. The garage will be the existing dimensions. The rear is 20ft and we have 25ft. The applicant is asking for 8ft, and 1 inch on the rear yard, which was an existing car port. The applicant would like to replace it with a garage and foundation. This is not self created it is due to the snow storm last winter. Mr. Margotta stated that he lives on Merlin Avenue and that he has no objection to this request Mr. Morabito made a motion that the public hearing be closed, seconded by Mr. McLean. Mr. Anello stated that it fits well in the area and it is due to a hardship. Mr. Mclean made a motion pursuant to SEQRA to declare this a Type II Action which will have no material adverse impact on the environment, seconded by Mr. Morabito. Motion carried unanimously. Mr. Morabito made a motion the request for the variance required be granted, seconded by Mr. Mclean, motion carried unanimously. IN THE MATTER COLLEGE AVENUE, NORTH TARRYTOWN NEW YORK CONTINUATION Mr. Barstow the architect stated that he is back tonight, and he has submitted additional information including some floor plans of the building, bank account records, etc. The parking that was submitted on the original submission was incorrect based on one parking space and XA per apartment, it actually worked well in favor of the applicant. The required number of parking spaces is 15. They have 8 existing and can provide 14 the applicant is only short 1 space. Mr. Barstow wanted to clarify this information. Mr. Barstow stated that the members of the board have other documents. The first floor addition would fit the open space (cavity) where there would be a kitchen in Apt. 3. In the stigmatic plan the space would be used as a kitchen extended into a dining room. Essentially the board had requested more information and a layout of all the apartments which were given to Mr. Margotta. Also Mr. Margotta sent Mr. Anello and Janet Gandolfo the minutes of the previous meeting which was grandfathered in the minutes of December 19* 1990 that this house is an eight family home. Mr. Anello stated that there was discussion of and eight family dwelling and whether or not it should be grand fathered under the provision of a grand fathered use. The building inspector was asked to make an inspection of violations of the premises. This �v all occurred at the above meetings. A record of inspection and paper work corrected that it is an eight family home. Mr. Morabito stated that the applicant is justfillingin space by putting in a kitchen and making the other room a dining area this would add about 400 sq. ft. Mr. McLean made a motion to open the public comment section seconded by Mr. Morabito, Motion carried unanimously. Residents who live on the second and third floors stated that they did not mind and were in a favor of the addition. Mr. Morabito made a motion to close the public hearing seconded by Mr. McLean. Motion carried unanimously. Mr. Anello stated that it doesn't satisfy the grounds to the area variance. There are already eight apartments and this is self created, this would be making an overcrowded building larger. At the last meeting there were complaints from residents mentioning that who is to monitor this situation if it is turned into a bedroom. Discussion ensued. Mr. Morabito stated that this is not an addition or another apartment its one room. There will be kitchen facilities and the kitchen will become a dining room. There are 14 out of 15 parking spaces. Mr. Anello stated that the applicant does not have conforming parking spaces, front yard parking does not count and there are 4 to 5 spaces there. Discussion ensued. Mr. Margotta stated that as Building Inspector he has found in different situations that a variance was just passed for a garage how does the board know that an applicant is or is not allow a person to sleep in these areas. Ms. Moiron stated that there isn't even a sink there, it could hardly be a bedroom. She is still concerned and not sure about the parking situation. Mr. Morabito stated that there is more parking on the side than there is in the front. The space is 12 x 14. Mr. Anello asked the architect to show him where the rooms are. Conditions can be put on the parking. And if there is a need for a retaining wall. Mr. Barstow stated that there is a wall their now which he believes is part of the church. There is a retaining wall that might be in need of repair, it should be fixed if the grade has to be changed to accommodate it. Discussion ensued on parking spaces and number of bedrooms. Mr. Mclean made a motion pursuant to SEQRA to declare this a Type II Action which will have no adverse impact on the environment, seconded by Mr. Morabita �4 A ^ , Mr. Anello made a motion to grant the variance with the following conditions before a certificate of occupancy can be obtained: 1. 14 parking spaces must be maintained as setforth in plans and according to Chapter 62-14 of the Zoning code regarding parking/loading requirements. 2. The issuance of a certificate of occupancy shall not be issued and stated requirements are met. The apartment may contain no more than three bedrooms.. 3. That any appropriate retaining wall be provided. With these conditions the variance will be granted, seconded by Mr. Morabito. Motion carried unanimously. Mr. Mclean made a motion to approve the August 1996 minutes as written seconded by Mr. Morabito, motion carried. Mr. Morabito made a motion to approve the May 1996 minutes as written, seconded by Mr.McLean, motion carried. Mr. Anello made a motion to approve the July 1996 minutes as written, seconded by Mr. McLean. Being no further business the meeting was adjourned. Respectfully submitted, ^ Christine A. Zambrano IS Recording Secretary • • T-^is^^^^^*-*^^^-^^ fci *-1*-- "L-"- '-/^Jte^^^-^^J^^jaff*^^^ 1 *^* 1 --^ *f*£*-£'e:s&&jzj&i-s^ ^.w^-i.-.*-:---: • ^ t r v ^ .,*- i^^^rs^i-^^^L^^^jX^a-^i'^iJi^^^fe^skiS^^gi � 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-1996 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_1996-10-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-1996 Date A point or period of time associated with an event in the lifecycle of the resource 1996 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