https://sleepyhollow.localarchives.org/files/original/06f3d53b8fe3d296ee4b727a099a57a9.pdf 24c15636dbc5f226915830b474dc7ae6 PDF Text Text A regular meeting of the Zoning Board of Appeals was held on May 20, 1998 at 8:00 p.m. in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York 10591. Members Present: Robert Anello, Chairman Linda Moiron Eliot Martone George Tanner John Morabito Absent: Miguel Jiminez 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 the tape recorder for said meeting. Chairman motions to begin meeting. Motion carried. Chairman stated the fifth item on the agenda, Maria Graca, was canceled for the Planning board and hasn't been switched from tonight. In the matter of Wayne Jeflers, 410 North Broadway Janet Gandolfo, Village Attorney, read the legal notice. Chairman asked if there were any variances for parking. Ms. Gandolfo suggested we should refer to Planning Board for review. It has parking, but it is not designated. CI zone permits restaurants, delicatessens, etc. Section 62.21 is a 200 foot requirement. Ms. Gandolfo asks the Board to consider it regarding use is already there. Mr. Margotta explained that it doesn'tfitinto the parameters of 62.21. The land is within 100 feet of another property, but the building itself is several hundred feet away from another establishment. Maybe 1,000 feet away is the restoration. Mr. Margotta also stated this law can be flawed. The reason is bodegas, etc., where you have odors of cooked food throughout the Village. Not having the wide variety of business, cooked food is a common business within the Village. Food and gas stations are common. • Chairman stated there is a letter dated 3/16/98 and the application says "see memo." There is no memo. - ..-i-JsSf^b-'i-.-r*?'* * " ' : --^i^fc^O^P^feTitTJSS^aiEiAUa J j t - . - ^ a j j j l i J J i^; :. ^ j , *3*ai �Representative stated he was going to submit it, but didn't see it necessary. Chairman asked if that was in totality. Representative stated he can get site plan done, if desired. Maybe this should be looked at by the architect. Chairman asked why has this grocery store been operating so long. Representative stated he didn't know. Chairman stated first the gas station. The convenience store has never come before the Board. Representative stated they were served with Notice of Violation by the Building inspector, that he doesn't believe they were aware they were doing anything wrong. Restaurants and delis are a permitted use. Chairman asked about the analysis on parking. Representative stated that presently there were no analysis on parking, they would need an adjournment to do it, and that there is presently adequate space for parking. Chairman asked if there were any questions. Mr. Tanner stated that since there is a gas station, there is also propane storage. We must be careful due to propane and diesel storage, and they may in fact not have sufficient parking. Ms. Gandolfo stated that the on-site plan will show curb cuts. The Chairman opened the Public Hearing. Jerry Garofolo stated that everything done there is illegal, it's less than 200 feet from Antonio Rodriguez's property. Everything that they have done shouldn't be approved. Chairman asked if there were any other questions. Chariman asked if there were any motions. Mr. Martone made a motion to close the Public Hearing. Mr. Morabito seconded the motion. Motion carried. .--L^i.^vi-i.iE<-ii&ck-i;&tei.%i^ �Chairman asked for any comments and stated his concern is the fact it's a grocery store that hasn't gone through the Board. It's been an eyesore for a long time. He took it before the Village could do anything about it. Chairman also stated he doesn't feel bad about the use. Ms. Moiron asked if they could restrict the use. Chairman responded yes, but is not sure if we want to have means of stifling competition. Mr. Martone stated there was propane, gas and diesel right there. Mr. Tanner stated that it should be taken through process. Mr. Morabito stated that the Board is a little confused. Cars park at pump stations, therefore you don't need parking. Mr. Morabito asks if he is wrong in his thinking. Representative responded no, Mr. Morabito is not wrong in his thinking. Mr. Morabito asked if people are going to be going in where they need time and parking spaces. Chairman asked if it was the same aspect similar to 7-11. Representative responded definitely, that you may grab an item or two there. Mr. Martone asked if this would allow them to serve prepared foods. Mr. Morabito asked if that was something approved there years ago, serving food. Representative responded not to his knowledge. Chairman stated that they can approve subject to getting site plan approved and limit it to no cooking on site. Chairman moved the Board grant the requested variance with three conditions: 1) No cooking or food preparation on site. 2) Comply with Village parking requirement in Zoning Code. 3) Attain approvalfromthe Planning Board. Ms. Moiron seconded the motion. Motion was passed by the Board. Mr. Morabito abstained. �4 In the matter of K. Kaufman, 15 Kelbournc Avenue Janet Gandolfo, Village Attorney, read the legal notice. A discussion ensued. Mr. Viera stated he has a full set of drawings. Chairman stated Mr. Viera has to get it approved by the Architectural Review Board. Chairman opened the Public Hearing. Mr. Morabito made a motion to close the Public Hearing. Mr. Martone seconded the motion. Public Hearing was closed. Marcello Poguio, 188 Cortlandt Street (Ice cream parlor) Janet Gandolfo, Village Attorney, read the legal notice. Chairman asked if there was no parking in the application. Ms. Gandolfo responded no, that the parking issue is grandfathered. Mr Marx, attorney for Mr. Pougio, stated Mr. Poguio has rennovated the building and would like to put an ice cream store on the other side of the barber shop. They come within the 200 foot provision. Mr. Marx further stated that there is a need for it. It is a clean establishment, and that the exterior of the building will not change. There will be no adverse effect on the community. Chairman asked if there were any questions from the Board. Chairman opened the Hearing for public comment. Mr. Morabito moved the Public Hearing be closed Mr. Martone seconded the motion. Chariman stated that the last ice cream store folded. Mr. Marx stated they will have candy, in the winter they will have soups. �Ms. Moiron made a motion that the variance be granted. Mr. Morabito seconded the motion. Motion was carried unanimously. In the matter of Joanne M. Becker, 102 Merlin Avenue Chairman stated Ms. Becker submitted an application. Janet Gandolfo, Village Attorney, read the legal notice. Chairman asked if there was any public comment on the fence. Mr. Morabito made a motion to close the Public Hearing Mr. Marton seconded the motion. Public Hearing was closed. Ms. Moiron made a motion to grant the application. Motion was seconded by Mr. Morabito. Motion passed unanimously. In the matter of Maria Graca, 143 New Broadway Chairman read the legal notice. Ms. Graca stated the front yard is 16 feet, the side yard encroached with the porch, the driveway only has one side 8.5 feet, the other side is 7.6 feet, not the 10 feet that are required. Chairman asked if there was anything else. Ms. Graca stated she submitted a survey with numbers and parking spots in back and the site plan, that she has that for the Planning Board. Chairman stated there is no reason to change and explained what the law requires. Ms. Graca stated the Board told her she should come back for another variance, which is a driveway. The house is 1,000 square feet, that the houses on therightand left are two stories, that she should have a second floor put on because it doesn't look nice. Ms. Graca also stated she does not want a one-family. -:J, ^ * - . ^ ^ ^ j ^ ^ X ^ s - s i ^ ^ �Chairman asked why she wanted a two-family. • Ms. Graca responded it was because it's what she wants. It's hard to have a one-family house. It's zoned for two-family. Ms. Graca also stated that she lives by herself and she can't rent Chairman opened the Public Hearing. Mr. Capacella stated he has lived in Weber Park for 25 years. Ms. Graca has 40 dump trucks of rubble in her yard. It's in the side yard. It's a dump Mr. Capacella also stated Ms. Graca turned her lot into a dump, that it bothers all these people. Mr. Capacella requested the Board to make her clean up her lot. Ms. Clark stated that she came to the first meeting and that her property abuts Ms. Graca's. Ms. Crane stated that she has photos that she took, that she has lived with this situation and can't do anything about it. Ms. Graca has excavation for house number two. Chairman asked Ms. Graca if she was building two new houses. Ms. Graca replied it's one new house and that she has to put a retaining wall up. Ms. Graca also stated that she came to the Building Inspector for a permit and was told that she couldn't do it. Chairman asked if Ms. Graca submitted building plans and if she had an engineer design the retaining wall. Ms. Graca responded no. Chairman asked if Ms. Graca had a topographical survey. Ms. Graca Responded yes. Chairman asked what happened on the site that made her know she needed a retaining wall. Ms. Graca replied when excavating it was discovered it was so deep they needed a retaining wall. Ms. Gandolfo asked if the excavation required her to submit calculations. �7 Ms. Graca stated they changed from one wall to another, that they thought this was not soft. They wanted some criteria from a factory, that's what is holding it up Ms. Gandolfo stated it's not that Building Department that's holding them up. Chairman opens the Hearing to public comment. Speaker stated he wasfrom148 New Broadway, that this was not a job for the Zoning Board of Appeals to rescue someonefroman il-considered investment. Proposed variances are not trivial and will alter the character of the existing area.. *-" Mr. Zeichell stated he has three children living with him, 5 cars. There is no parking there. Mr. Zeichell also stated he spoke with the Building inspector and asked if there will be a drywall to catch water. If not, it will go into their yards. They will have to pipe the water into Tappan Avenue Chairman stated that that issue is not before this Board, it's before the Planning Board, which is postponed. Ms. Doken, 149 New Broadway, stated she was concerned about parking. If the house is a mess now,can there be a guarantee it will look nice? People viewing this mess indicates the future of this residence. Ms. Roney stated this property is a total desaster, that they should enforce the law for failure to maintain the property. Ms. Moiron made a motion to close the Public Hearing. Mr. Martone seconded the motion. Public Hearing was closed. Chairman stated there was no basis to grant the variance. It is zoned for two-family, but is also zoned for a wider driveway. To suggest it will look awkward next to a house that isn't even built is awkward Ms. Moiron stated she agreed, it's a substantial variance. It's self-created. Mr. Morabito stated he didn't agree with the public comment about appearance, that pictures given are of no consequence. Mr. Morabito further stated that you have to look to the future and that the Board should not be influenced by those pictures. Chairman agreed. �8 Mr. Morabito reiterates that the pictures should not influence the vote. Chairman made a motion to deny the variance. Mr. Tanner seconded the motion. Motion carried. Ms. Graca stated she will take the side porch off and it will have four feet. Chairman stated if she didn't need the variance, she doesn't need it, but is not sure it would satisfy the Building Department. Chairman stated there are five elements to getting a variance and that none of the issues were addressed to grant a variance. The variance issue is resolved. Ms. Graca stated she will get an easement to the driveway. Chairman stated that if Ms. Graca wanted to do that, to talk to the Building Department and that she has to wait six months to come back. Ms. Graca stated that that was a disgrace. APPROVAL OF MINUTES Chairman has a correction on the February mintues at the second page, third paragraph. The word "again" should be "amid" at the end of the third paragraph. Chairman stated with that exception, the minutes could be approved. Mr. Morabito moved to accept February minutes with that correction. Mr. Tanner seconded motion. Motion carried. There being no further business, Mr. Morabito made a motion to close the meeting. Mr. Tanner seconded the motion. Respectfully submitted, Lydia Irizarry Recording Secretary •""-.ir*w --VJ" -- — •"" •-•' -,«--=<_'-J- :--±a:.c»«-.ti*i-E» - Oy;-.i«j?Aii!i:#^*fe»>&>i»*.fc^ �Mr. Margotta: No, this is an existing house. Mr. Morabito: This is going to be an improvement to the neighborhood. Mr. Martone: Wouldn't it be an improvement if he did it as a one-family? Ms. Moiron: But he doesn't meet thefiverequirements. Mr. Tanner: All five requirements must be met. This is a balancing act. Mr. Jimenez: Motion to grant. Mr. Morabito: Seconded. Mr. Tanner: Amend the application that hte parking conditions must be met, the sprinklers must be installed, and that prior to the working being started the Architectural Review Board pass on the plans. Discussion of the five requirements ensued as related to the motion. Mr. Morabito called for a vote on the motion. Motion carried 4 to 1, Mr. Martone opposing. Minutes of meeting of May 30, 1998 - page 3, bottom of the page, Approvala from Planning Board and ARE [regarding the BP station] Mr. Morabito moved that the minutes be accepted, seconded by Ms. Moiron, motion carried with Mr. Jimenez abstaining. Mr. Morabito moved that the meeting be adjourned. Dated: August 27, 1999 Sleepy Hollow, NY By: J*. ^ V ^ f ^ nda L. Bigford, 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-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_1998-05-20 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