https://sleepyhollow.localarchives.org/files/original/aa659e485a6690569498fb0211714493.pdf 6b6a602dd88b1108f6e3543bbf55ad76 PDF Text Text vC#o i^Cyf~^l4JU' ZONING BOARD Meeting of August 18, 1999 Present: George Tanner, Acting Chairperson Eliott Martone John Morabito Linda Moiron Miguel Jimenez Also Present: James Margotta, Building Inspector Edward Lammers, Esq., Village Counsel Not Present: James Timmings, III Robert Anello The meeting was called to order. There are only four members of the Zoning Board of Appeals present at this time, and any decision must be made unanimously. There are two applications pending. Do either of the applicants have a problem with this? (No) Going ahead, we have a quorum. (Arriving late, Miguel Jimenez) 1. Application of Maria Beltran, 230 N. Washington Street. Restaurant/take out. Roger Beltran, Architect made a presentation. There are three stores at this location with two apartments over the first floor. In regard to the parking variance, the property is completely covered by the existing building. There is meter parking along thefrontof the building. The majority of the businesses in the area are within walking distance. Any other use of this property would also require a parking variance. . The second variance is for the 200 foot set back. The closest establishment is a diner on the corner. There is a large demand for this type of food establishment. This would be as similar establishments in the area. The applicant is willing toriska significant investment in this establishment and they are ready to build. ~ This type of variance will not negatively impaact the neighborhood and the opening of the now vacant storefrontwill only improve the neighborhood. Acting Chair George Tanner asked about what sort of activity did the owner's anticipate. The response was mostly walk-in, for spanish/american take out. They expected to employ a cook, waitress, but no drive-up window. �\ • Miguel Jimenez moved to open the public hearing, seconded by John Morabito, and unanimously carried. A letterfromHugh Casey was read into the record and made a part hereof by reference. Miguel Jimenez moved to close the public hearing, seconded by Eliott Martone, and unanimously carried. Mr. Tanner expressed that he had no problem with the 200 foot rule, but a large problem with the parking situation. He inquired as to whether any arrangements had been made by the applicant for parking elsewhere. They only need two parking spaces. Mr. Beltran responded that they mostly anticipate their clientele to be within walking distance. Mr. Jimenez stated that since this is going to be a walk-in establishment, he recommends that the application be granted. Mr. Martone statated that the apartments pre-date the zoning code. They did a renovation, new sheet rock, etc. but not such an extensive renovation that they lose their rights. If we grant this application, any business is going to require parking. Right now, t his space cannot be used without a variance. Discussion ensued concerning the 200 foot rule. Mr. Jimenez moved to grant the application. Mr. Morabito moved to amend the motion to allow not more than ten seats inside the establishment, with no extra counter seating. Mr. Martone seconded the amendment to the motion. The amendment carried limiting the seating in the establishment to 10; Mr. Jimenez dissented to the amendment, favoring the motion to grant the application. The Board states that the circumstances involving the parking variance on this matter is not precedent setting - the circumstances outlined by the applicant and the building inspector necessitated this variance. 2. Paul Kyriakidis, 17 Barnhart Avenue Addition and conversion to 2*family house The application was amended that no parking variance would be required. William Simeoforides presented. This will be an addition to the back of the house. This property has been vacant for a while and the owner wishes to convert it to a two family house. The addition will be to the back of the house - the existing property is not in conformity with the front yard set back requirements. All the houses on Barnhart Avenue are the same distance from the street in thefront,and almost all the houses are two family structures. This house was -:-*"---"--- r«^'-^.-i'-<-~^sS^i^X<i^kK^*"^"- r f *^ i ^^^A»5^^^^ai3i^ �probably built 90 years ago before any setback requirements. This is an investment property and the owner lives in the house next door in a two-family. Much discussion ensued. Mr. Tanner requested that § 62-7 (B) be read into the record as follows: No building shall hereafter be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building or portion of a building be used, designed or arranged to be used for any purpose unless in conformity with all of the regulations herein specified for the district in which it is located. Mr. Tanner: There are five tests for granting of the area variance. Whether it would benefit the applicant and benefit could be achieved by any other method; Whether the variance substantial; Whether the variance will have a negative impact on the neighborhood; Whether the requirement was self-created. Response by Mr. Simeoforides: Whether it was self-created. Anything we do to this house will require the variance, this will be a greaat improvement to the neighborhood. It was asked whether this house could be improved and still keep it as a single family. Mr. Simeoforides responded that ihis house is not in conformity and has not been updated since it was built. Within 200 feet of this house, there are many two family houses. The reason for a two family is it is an investment property. Mr. Kyriakidis lives next door. Mr. Martone responded that because you bought a one-family home does not mean the Zoning Board has to grant a variance. Mr. Jimenez moved to open the public hearing, seconded by Mr. Morabito, and unanimously carried. There were no public comments. Mr. Morabito moved to close the public hearing, seconded by Linda Moiron, and unanimously carried. Mr. Jimenez: Tax problems, water, so on, he won't be able to make it without converting to a two family. A lot of houses are two family and there will be no change in the character of the neighborhood, and the house will be improved. ~ Mr. Martone: Is this based on economic need to make this project viable? Would your investment be viable as a one-family? Mr. Simeoforides: No. Mr. Martone: In that case, there is nothing in support of this being an economic necessity. Did this not have to appear before the Planning Board. �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 thefiverequirements 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, ApprovalafromPlanning Board and ARB [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 � 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_1999-08-18 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