https://sleepyhollow.localarchives.org/files/original/8beb95bb463580f582baea237c68762b.pdf d0abd29683dd136bc659a07726bd3786 PDF Text Text A regular meetingprihe Zoning Board of Appeals was held on June*! 8, 1997 at 8:00 PM in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York 10591 Merrjbers Present: Robert Anello, Chairman ^~— Linda Moiron Eliot Martone James Timmings, III Miguel Jiminez Also Present: James Margotta, Building Inspector Janet Gandolfo, Esq. IN THE MATTER OF 160 CORTLANDT STREET. SLEEPY HOLLOW, NEW YORK 10591 Mr. Anello stated the attorney for Mr. Muniz, the applicant, could not attend the meeting. Therefore, if there were no objections, he asked for an adjournment. The Zoning Board had no objections and agreed to the request. IN THE MATTER OF 8 AND 9 KENDALL AVENUE. SLEEPY HOLLOW. NEW YORK 10591 Mr. Anello stated it is his understanding that the applicant is seeking a decision stating that this property does not need a variance or variances due to the grandfather clause. Mr. Barstow, the architect for the applicants stated his clients should ndfneeci variances because they are requesting the building be granted the grandfather clause for continued use under the former owners, the Lubergers. Mr. Barstow presented letters from the Lubergers regarding the former use on the premises. Mr. Margotta stated that when the Lubergers had the property, it was a retail/wholesale establishment and now the applicants want to use it as a warehouse facility. Mr. Margotta also stated it is a totally different use and you need variances and the grandfather clause is irrelevant. Mr. Barstow stated that they are proposing a continued status of occupancy for the storage, front office and 2nd floor apartment. Mr. Margotta reiterated that the Lubergers was non-conforming use and this is a different type of non-conforming use. �Mr. Anello stated the public notice addresses several areas of issues, one being the parking area being used as a storage facility and the building plans shows the current permitted use is a C-2 and the request is M. Ms. Gandolfo stated that the applicants must show proof of the continued use at the premises and if the board is not convinced of this continued use then they must consider these variances. Mr. Anello stated that another issue of changing the use for the C-2 zone should be considered. Ms. Gandolfo stated it was previously discussed with Mr. Barstow the three areas of use are the office area, residential area and the storage area. Discussion ensued. Mr. Sauder, the attorney for the applicants, stated that his clients will be warehousing beauty care products which is similar to the use of Lubergers warehousing beer products. Mr. Sauder also stated the front of the building was used as a small office space and the 2nd floor was a residential apartment. And that for the past four years it has been the same tenants occupying the apartment. Mr. Anello asked what proof can be in support for these claims. Mr. Hecht, the applicant, presented copies of letters from the Lubergers. Mr. Anello asked if that was all the proof they had to offer for what the previous use of the premises. Mr. Barstow requested to continue to gather more information and affidavits to pursue the non-conforming use issue. Discussion ensued. Mr. Anello asked what they wanted to continue for use. Mr. Barstow stated the areas of use on the premises was for the storage, a small front office and the 2nd floor apartment. No customers or retail activity will occur. Mr. Hecht stated the storage/warehouse area is partially used by a tree care company. Trucks will be stored there as well as 1 weeks supply of organic chemicals. Mr. Hecht also stated from the end of October to the end of March, no chemicals will be stored at all. Ms. Gandolfo asked it they have checked the state for any provisions for storing these materials. Mr. Hecht responded that they are organic and biodegradable products and thus not considered hazardous. Ms. Gandolfo asked how many trucks did Luberger store. Mr. Hecht said some vans and trucks and the tree company will have 2 trucks only. Mr. Hecht stated the premises will be used to store shampoos and conditioners, the premises was a transitional point for the finished beauty �products. These products would then be shipped out from there to distributors. Mr. Margotta asked what size trucks would be used. Mr. Hecht said trailer trucks. Ms. Moiron asked how the trucks manage to come down the narrow Kendalll Avenue with parking on both sides. Mr Hecht stated they have a loading zone and the trucks have room to move down the street. The matter was now opened for the public. Ms. McDonough of 23 Kendall Avenue stated that when the Lubergers had the property everything was done behind the residents backs and that there was always a problems with the trucks. She cited an incident that occurred that afternoon, the truck was driving very rapidly down the street as children were playing nearby. She voiced her concerns for the water being used while the trucks were being washed down. Mr. Silba of 13 Kendall Avenue claims he never received a notice. Mr. Margotta would check the return receipts. Mr. Silba is also concerned about the chemicals in the water. Can the applicants prove the chemicals are not dangerous. Ms. Legro of 11 Kendall Avenue stated that no one lives in the upstairs apartment and the parking and noise at night are becoming more of a problem. DISCUSSION Mr Margotta asked Ms. Gandolfo if something could be worked out with providing designated loading zone hours with specific days and times. Ms. Gandolfo said yes. Mr. Anello stated that his matter should continue for next month. To show proof of continious use for certificate of occupancy to prevail under the nonconforming use issue. If they cannot satisfy the board then will have to seek variances. Mr. Jiminez asked what would be the hours of operation. Mr. Hecht said Monday-Friday, 9-5 PM. but under certain emergency situations a offhours delivery could occur. Mr. Anello reiterated that the applicant needed to provide more information and to address the 2 businesses in one building as oppose to the Lubergers one , at the next meeting. �IN THE MATTER OF 139 CORTLANPT STREET. SLEEPY HOLLOW. NEW YORK 10591 (Mr. Jiminez whi is a member of the Zoning Board abstains from all zoning board discussions and votes) An informal discussion took place since the plans have changed so much and the validity of the legal notice was in question. Ms. Gandolfo stated that the building of 2 retail stores have changed and a new legal notice must be done to inform the public on the new revisions. If Mr. Jiminez would like to present this to the Zoning Board now and next month the legal notice would be issued for a public hearing. Mr. Jiminez was not aware a new legal notice was necessary and stated that is is the same property just scaled down but it is still moving in the same direction. It is now two retail stores and 2 residential apartments. Mr. Tumquist, the architect for the applicant presented the board with a revised schematic documents. The documents reflected 2 principle buildings on 1 property. Ms. Gandolfo expressed concern on what the regulations are applying to Planned Development. Ms. Gandolfo also stated the only thing in our code is the definition for Planned Development. Discussion ensued. Mr. Margotta stated the applicant should go back to the Planning Board for another preliminary hearing review then would go before the Zoning Board for the variances. Minutes A motion was made by Mr. Timmings to approve the May 21,1997 minutes, second by Ms. Moiron. Motion carried unanimously. Being no further business, the meeting was adjourned. Respectfully submitted, Madona Mariano Recording Secretary � 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-1997 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_1997-06-18 Subject The topic of the resource Zoning Board Minutes & Resolutions-1997 Date A point or period of time associated with an event in the lifecycle of the resource 1997 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