https://sleepyhollow.localarchives.org/files/original/6f3435cb81e6467b424a7fa95889394a.pdf 792f1075e26d9b3f213f5a1bc94d7c1c PDF Text Text ZONING BOARD MINUTES May 19,1999 Present: Robert Aneilo, Chair Eliot Martone John Morabito George Tanner Linda Moiron Miguel Jimenez / YL/t^v^L^— ty/C/?* Absent: James Timmings, HI James Margotta, Building Ins. Also Present: Robert Ponzini, Esq. Village Counsel The meeting was called to order at 8:06 p.m. 1. Castle Oil Corporation, 11 River Street, Sleepy Hollow, NY The notice was read and is incorporated into the minutes by reference. David Steinmetz, Esq. stated that the return receipt cards from notifying the public were on file with the Building Inspector, which was confirmed by the secretary. Discussion ensued as to whether all parties within the 200 foot radius had been notified, which after measuring the map, it was determined that all those parties within that radius had in fact been noticed. Further discussion was held regarding notification of the Fire Department, and it was stated that the Building Inspector should notify the Fire Department for any further public hearings on this issue. Mr. Steinmetz stated that his clients' position is that the Building Inspector wrongfully denied their application for a building permit, citing Section 62-25(B) of the Village Zoning Code, stating that this is not an unlawful change or expansion of a pre-existing non-conforming use, and that if the Zoning Board so determined that the building permit was wrongfully denied, no variance would be required. The Chair noted for the record that the ZBA had received notice, the application and various correspondence between the Building Inspector and Castle Oil Corp. The Chair requested that the applicant state their reasons why this is not an application for three additional non-conforming structures. The applicant responded that clearly these are new structures, however they are within the same dykes as those tanks that are being removed, and that the applicant is effectively trying to modify their existing site to provide for an increase in volume on site. The applicant further stated that the case law is clear that an increase in ^~*S—$**-*•* �volume does not make it a qualitative change in the use, and that as such non-conforming uses are protected. The applicant stated that no where in the Code is it defined what constitutes a change or alteration in the structure. Mr. Tanner cited Section 62-4 as defining "structure." As defined, these new tanks are structures. The applicant reiterated that these are replacements for two tanks which are already existing. Discussion ensued as to the first prong of the application, i.e. the appeal of the ruling of the Building Inspector to deny the building permit for the erection of the two new tanks. The applicant requested that the Board address the issue of interpretation. Eliot Martone moved that the meeting be opened to public comments, seconded by Mr. Tanner. The Chair opened the meeting to public comments. Discussion ensued as to non-conforming use. Mr. Tanner read into the record Section 62-5.1(B) as follows: B. Purposes of district. (1) The land and water area of the Village of Sleepy Hollow's Hudson River waterfront represent a unique mix of natural and man-made resources. These resources have historically played an important role in the development, economy and cultural heritage of the village and the region. The general quality of the waterbodies within and adjacent to the village, the visual, scenic, natural resources, cultural character, historic resources and structures, and the Tappan Zee East Scenic District (Article 49 of the N YS Environmental Conservation Law) are some of the primary elements comprising and documenting these important natural and man-made resources. The Chair stated that under Section 62-48 the ZBA is obligated to bring in the Planning Board. He further stated that there should be full input from the Building Department, the Planning Board and a public hearing held on this issue. Further discussion ensued regarding mis as a non-conforming use. Mr. Tanner moved that mis is a non-conforming use, seconded by Ms. Moiron. The Board voted unanimously in favor of the motion. The application to overrule the Building Inspection was denied. Zoning Board of Appeals May 19,1999 ' . i ^ i - s i t * # * .vfc-.if*;-^fc£*-^-f^^s-acjs.'rt J££^&J3^B£@&J&&4£&^ �T* ^ Discussion ensued as to the second prong of the application, i.e., the request for a variance from Section 62-25(B). The ZBA requested that a more complete application be filed. The applicant requested that they be allowed to withdraw, without prejudice, the application for a variance, and asked that the ZBA not vote on this issue, pending a resubmission of a new, more complete application. A motion was made by Mr. Jimenez to grant applicants request, seconded by John Morabito, which unanimously passed. Mr. Tanner made a motion that the incumbent Chairman, Robert Anello, retain his seat for the upcoming year, seconded by Ms. Moiron, which unanimously passed. Ms. Moiron made a motion to adopt the January minutes of the ZBA meeting, seconded by Mr. Tanner, which unanimously passed. Mr. Jimenez made a motion to adjourn the May meeting of the ZBA, seconded by Mr. Martone, which unanimously passed. Zoning Board of Appeals May 19,1999 -JM— ---;.- s^»—j^«t; := vi-^.iJsw^As-r-VJsar-- -;€st* ^-B^'^itfii^bsadbaMisfe �• attorney, often works from home and needs the extra space for conferences. The slope of the property did not allow for the addition to go in on area and a marsh is on the other side. It is a two foot variance, which will also incorporate a deck over the study. John Morabito moved to open the public hearing, seconded by Miguel Jimenez. The motion carried. There were no public comments. George Tanner moved to close the public hearing, seconded by Eliot Martone. The motion carried. i George Tanner moved to approve the plans as submitted, as it conforms to the neighborhood, there is no opposition from the public, and the property is adjacent to the hospital. Miguel Jimenez seconded the motion. The motion carried unanimously. The minutes of the May meeting were discussed and approved with the following corrections: Second page, second line, "nowhere" should be one word. Second page, second paragraph should read Section 62-51 (E) as follows: Special permit uses for properties that have direct frontage on the Hudson River waterfront. A building may be erected, reconstructed, altered, arranged, designed or used and a lot or premises may be used for any of the following purposes and for no other purpose in the RF - Riverfront Development District subject to the issuance of a special permit by the Village Planning Board, in accordance with provisions of Section 62-16.1 of the Village Zoning Code. In addition, the following uses will be subject to site plan review and the requirements of other applicable portions of the RF Zoning District: The ZBA elected as their Vice Chairman, George Tanner, nominated by Robert Anello, seconded by Eliot Martone. The motion carried unanimously. John Morabito moved to adjourn the meeting. -— raw Dated: June 24, 1999 Sleepy Hollow, NY By: / da L. Bigfordyftecording Secretary Zoning Board of Appeals June 16,1999 i � 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-1999 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_1999-05-19 Subject The topic of the resource Zoning Board Minutes & Resolutions-1999 Date A point or period of time associated with an event in the lifecycle of the resource 1999 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