https://sleepyhollow.localarchives.org/files/original/1764321173cfb15af722cea5669c3717.pdf a33c56f1baeefd8a7c4b9fe9b23c0fba PDF Text Text f /f r » A regular meeting of the Zoning Board of Appeals was held on April 15, 1998 at 8:00 p.m. in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York 10591. 1 . Members Present: Absent: Robert Anello, Chairman Miguel Jiminez Eliot Martone Linda Moiron George Tanner James Timmings, III .Also Present: James Margotta, Building Inspector Janet Gandolfo, Village Attorney It was noted that the Recording Secretary did not have access to a tape recorder for said meeting. In the matter of Martin Murphy, 219 North Broadway, Sleepy Hollow, New York 10591. Chairman Anello called the meeting to order. Janet Gandolfo, Village Attorney, read the legal notice. I I i: * The Applicant was represented by John Hughes, Esq. "-.1 Mr. Hughes stated that Mr. Murphy is the owner of the property 219 North Broadway, and said property is immediately norm of the Mobil Station called Vieira's, and Mr. Murphy has resided there since December of 1959. When Mr. Murphy purchased the property in 1959, it was a two-family, and he has done nothing whatsoever to change its use. It has been continuously used during that entire period. Mr. Hughes would like to Board to consider this a pre-existing two-family house. Mr. Hughes stated that the house was built in 1923.. that it existed in the business district called the C2 district which allowed one and two-family homes, and it existed under the . old code, the ancient code, which was passed on January 21st, 1946. Mr. Hughes submitted copies of the "Old Code" to the Board for their review. Mr. Hughes discussed certain provisions in "Old Code" with the Board, then went on to explain that September 8, 1964 was when the modem code, which is the book-bound volume came out. The Chairman stated that the book says it was a two-family prior, and asked Mr. Hughes if it would be grandfathered. Mr. Hughes agreed that it would be grandfathered. » The chairman enquired as to what precipitated the application. Mr. Hughes pointed out mat Mr. Murphy was present and sitting in the audience, and that he wanted to sell his home and mat he had a buyer. i . I .. J . _ - £ - * * f --4JU*"..1 - - - i i i r J V s r ^ i a : ^ J ^ M J 1 - * £ . * • ; ? £»£« ^^j|^^s^^&^M5^fe^k^^^l^>f^4fc# �The Chariman asked if he wanted to be able to say it's two-family, and Mr. Hughes replied that all he needs is a CO. The Chairman pointed out that Mr. Margotta cannot give them a CO due to the fact that it is listed as a one-family. Mr. Margotta confirmed that it is listed as a one-family. The Chairman asked Mr. Margotta whether he inspected the building. Mr. Margotta replied yes. and stated that he agreed with Mr. Hughes, that it appeared to be the original two-family and it's used only as a two-family. The trim, the interior, is the same. Mr. Margotta also stated that usually when something is built in 1923 and converted in 1950, that the trim is different, the doors are different and so on, but this is basically the same. The Chairman asked Mr. Murphy to come up and give them the Board the information that he thinks they would need. Mr. Murphy stated that he needed to get it cleared up, because he bought it as a two-family house and has been paying taxes on it all along. The Chairman asked Mr. Murphy if he has always lived with another family in the building. Mr. Murphy replied yes. The Chairman asked if it was that way when Mr. Murphy bought the house. Mr. Murphy replied yes. The Chairman asked if Mr. Murphy changed it in any way or added another apartment Mr. Murphy replied nothing has been changed. The Chairman asked if there were two families living in it now. Mr. Murphy replied yes. The Chairman asked if anyone had any questions for Mr. Murphy or anything else they wanted to add. The matter was now open for the public. A motion was made by Mr. Martone to close the Public Hearing. Motion carried. A discussion ensued regarding granting the Applicant's request. A motion was made by Mr. Martone to grant the applicant's request to declare 219 North Broadway a two-family home and to correct the property records to reflect so, seconded bv Mr. Jiminez. Motion carried unanimouslv. In the matter of Sean McCarthy. Architect for Gordon Hechfc owner of 8 Kendall Ave. Janet Gandolfo, Village Attorney, read the legal notice. Mr. McCarthy informed the Board that this project was denied in the past. �The Chairman asked if it was denied evervthing it is seeking . Mr. McCarthy stated no. The Chairman asked if it was granted some area variances. Mr. McCarthy explained that it was denied the continuing use, however it has been stated in the legal notice that those areas of requirements are again being asked for. The Chairman asked what date it was denied. Mr. McCarthy replied he didn't know. Ms. Gandolfo explained that the Board was about to deny it and the applicant said he would withdraw it. so procedurally, technically, it wasn't a denial, so he is allowed to come back. Mr. McCarthy stated that not only did they wait over six months, but they are hear with a new application. Mr. McCarthy proceeded to describe the differences in the application to the Board. >J§ ^ •m /J^^ '% 1 • t J »\ -. i .3 The Chairman asked if Mr. Hecht would have any employees there at all. Mr. McCarthy said he would have no employees at all at mis site, and that no more than once a week there would be a delivery. Mr. McCarthy explained that the delivery trucks are no larger than a six-wheel box truck and the items are typically unloaded by hand. The Chairman asked What time of day the deliveries would be made. Mr. McCarthy explained that they would be made during work hours, 9:00 a.m. to 5:00 p.m. and they would take no more man roughly an hour to do. They are small vans. They are unloaded inventoried and left to be picked up. The Chairman asked Ms. Gandolfo if there is a parking variance needed. Ms. Gandolfo stated he needed one parking space. Mr. Margotta stated there were three or four spaces across the street. Ms. Gandolfo asked what happened to the office and residential. Mr. McCarthy replied that the residential was still there, mat's above, on the second floor. i I * Ms. Gandolfo asked about the office mat was in the previous application. Mr. McCarthy stated the office is not being used. \ i ; Ms. Gandolfo asked if it will be a warehouse/residential. Mr. McCarthy stated yes. Mr. Margotta stated he only needs three spaces. Mr. McCarthy stated mere is at least four spaces across the street, as well as parking for the warehouse would be in the warehouse. % Further discussion ensued regarding the uses of the building, loading and unloading. | ^^ The matter was now open for Public Hearing. i Ellen McDonough, 23 Kendall Avenue, stated that they were present at the last Public Hearing on this matter, and numerous things were promised that were never lived up to. Ms. McDonough stated that when they say "storage", she has a feeling that he is asking VjJ^A-L-.v^-v.^k^^fe^Ui^^i^oiW | f | �:•:"•} ' '2 t •4 * n § L|. % | • for this so that he can have an option to sell the property then he has storage for whomever. This is going to be grandfathered on to soriiebody else. Maybe someone will come in with bigger trucks and bigger storage. It is still a very- narrow street with children and residents, and we have to fight this everytime it comes up. -A The Chairman explains that thev have a rieht to do this every six months. i| Ms. McDonough stated they have lost a lot of spaces and they can't park there because if they park there, the police come and give them a ticket 3& The chairman stated mat in reply to the question raised about parking and tickets., it's p£fj something they can't deal with, but the suggestion might be for you to write a letter to the trustees and suggest to them some kind of compromise, for example, no standing or no parking during certain hours and just change the signs, then you will have parking in the evening. It's sort of reverse of what the issues are here. T i l **•*- John Silva stated that if they come in with vans, it wouldn't be so bad, but if they come in with trailers, this is a problem. He doesn't believe they will start with vans and continue with vans. Mr. Jiminez stated that mere can be a condition put in the variance to cover that concern. ! *- Jose Dorta, 19 Kendall Avenue stated in the beginning they were a loading zone from 9:00 to 5:00. After that they extended to 2:00 in the morning. Mr. Dorta asked why a small company needs so many hours for a loading zone. The Chairman asked if he didn't believe they should be able to have it late in the evening, those activities. Mr, Dorta stated that big companies don't have it that late, why should they. '•~l m©| Ff} mi Maria Perrone, 11 Kendall Avenue, stated that Mr. McCarthy said that they have a place in New Jersey and a place in New York and that once a week or once a month they would be having a delivery from South America with product. They said it would be a problem going down Kendall Avenue, so they would back up from Beekman Avenue. Ms. Perrone wants to know if that has changed. The Chairman stated that he believed it had changed. He remembers the supplies, but doesn't remember them coming from South America. The Chairman goes on to explain mat what Mr. McCarthy is saying is that they can live with the condition that they can't use trailers, they can't use semi's. And backing up the street is against the traffic regulation, so they can't do mat. A motion was made by Ms. Moiron to close the Public Hearing. Motion carried. vu ?M A discussion ensued A motion was proposed by The Chairman that the variance and the area variance be granted with the following conditions: 1) That the property be operated by only one business. 2) That the storage use is for shampoo products and shampoo component products. --? •-5 .- ,'i _', i w i ^ i : . -;«53t:^^:-^r.«Vits*-;^*^^ �3) That the pick up and deliveries occur only by car, small truck or van no larger than a box van, which is a six-wheel vehicle, that no trailers or semis be used for the pick up or deliveries. 4) That The hours of operation be limited to Monday through Friday, excluding holidays from 9:00 am to 5:00 pm. 5) That unloading and loading occur inside the warehouse. 6) That no permanent employees, including office employees, be located in the warehouse. 7) That there be no more than two deliveries a day. 8) That the parking lot across the street, which is owned by applicant be maintained for five parking spaces under the rules for parking lots that is contained in our Zoning Code. 9) That no parking of commercial vehicles occur overnight in either the building or the parking lot. Motion seconded by Mr. Jiminez. Motion carried unanimously. In the matter of Frank O'Brien, 111 Beekman Avenue. Janet Gandolfo, Village Attorney, read the legal notice. A discussion ensued regarding why applicant is making this application. The matter was open to the public. A motion was made by Mr. Jiminez to close the Public Hearing. Motion carried. A motion was made by Mr. Jiminez to grant the application with the caveat that it has to be used in conjunction with the bar that is there now. Seconded by The Chairman. Motion carried unanimously. In the matter of Henry and Sonva Chung, 12 Webb Road. Janet Gandolfo, Village Attorney, read the legal notice. A discussion ensued regarding adding an addition the the first and second floor of the premises. Sam Vieira, the project architect, handed a set of plans and explained them to the Board. The Chairman asked if this will go before the Architectural Review Board. Mr. Vieira Answered yes, if it is approved tonight. The chairman asked what they would need from the Sleepy Hollowr Manor Association in addition, and inquired as to if they have to approve t as well. Ms. Gandolfo explained that there is no restricted covenant, that it just went before mem and asked for their opinion. ; Ms. Gandolfo also explained that the covenants to towards other uses and fences and things of that nature. If there was a restrictive covenant they would have legal control over it, but the letter they sent is just expressing their opinion. �T> The Chariman asked if they have control over this, that he believes they took the position that they did have a right to approve or not approve. Mr. Margotta explains that covenants and restrictions means nothing to the Building Department. That is between them and the property owner. The property owner comes in and wants an application for a building permit. If it meets the requirements of the code, he can issue it. Mr. Margotta asked Janet Gandolfo if he is correct, and Ms. Gandolfo agreed. The matter was open to the public. Motion made by Mr. Jiminez to close the Public Hearing. Motion carried. A discussion ensued regarding granting the variance. A motion was made by The Chairman to grant the variance subject to the requirement that the proposed extension, including the rear extension, be approved by the Artichectural Review Board. Seconded by Ms. Moiron. Motion carried unanimously. There being no further^business, Mr. Jiminez made a motion to adjourn the meeting. Seconded by Mr. Tanner. Respectfully Submitted, Lydia Irizarry Recording Secretary �/ 2 March 1998 Zoning Board of Appeals ° James Margotta Due to the fact that there are no applicants appearing before the Zoning Board of Appeals for the month of March, there will be no agenda. t. � 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-1998 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_1998-04-15 Subject The topic of the resource Zoning Board Minutes & Resolutions-1998 Date A point or period of time associated with an event in the lifecycle of the resource 1998 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