https://sleepyhollow.localarchives.org/files/original/7792be1a65d74f289ab4a7895a022576.pdf aa072328238d8287a3e23ca5a958abec PDF Text Text ZONING BOARD MEETING November 17,1999 The meeting was called to order by Robert Anello, Chair at 8:07 p.m. Present: Absent Robert Anello, Chairman James Galgano John Moribito Eliot Martone Linda Moiron Miguel Jiminez Q-+r-*-~~r * j JT^^JG—» !LpO * h S £L- P f L f c u ^ None James Margotta Ed Lammers (Village Attorney) Announcements: None Agenda: a) b) c) d) e) Leonard Rutigliano David Jacobsen Peter Jewell George Samaras Frank Occhipinti 23 Elm Street 534 Bellwood Ave. 62 Clinton Street 175 Valley Street 20 Hudson Street The Chair commented that there were 5 items on the agenda and that those items would be taken in order. a) Leonard RutiglianoThis is a request to convert from a 2 family to a three family residence. The public notice was read aloud for the record. The Chair noted that the Board had received the following documents » 1) The Public Notice 2) The application 3) The letter denying the 3 family Certificate of Occupancy. 4) Three affidavits (not notarized) Mr. Rutligiano stated that he has lived at the above address for 44 years. Mr. Rutigliano's grandparents previously owned the house. The affidavits were passed around for the Board to review. �The Chair commented that the tax records indicate a two-family residence. Mr. Rutigliano responded that in Sleepy Hollow, the house is listed as a two-family home but in Mt. Pleasant, it is listed as a three-family home. The Chair asked if there were three separate meters. Mr. Rutigliano responded yes. The Chair asked why was a new Certificate of Occupancy needed. Mr. Rutigliano commented that if he ever wanted to sell the property, there would be questions regarding whether it was a two or three-family residence. Mr. Rutigliano stated that he should have done this a long time ago. The Chair asked if there was any parking available. Mr. Rutigliano responded no. The Chair asked if there were any questions before the public hearing was opened. Mr. Jiminez commented that the affidavits were not notarized. Mr. Jiminez asked Mr. Margotta if there were any violations. Mr. Margotta stated no. The Chair stated that the zoning code date for pre-existing usage was 1964. The applicant stated that he has lived there since 1955. The public hearing was opened up. Mr. Frank Balantario of Sleepy Hollow spoke on behalf of Mr. Rutigliano. Mr. Balantario stated that he has known Mr. Rutigliano his whole life and can verify Mr. Rutigliano's story. One of the affidavits is signed by Mr. Balantario. The Chair asked Mr. Balantario if he had ever been inside the house. Mr. Balantario responded that he has been in the house many times. Mr. Balantario stated that there are three kitchens and three bathrooms. Mr. Balantario stated that it has always been a three family house. John Moribito made a motion to close the public hearing. It was unanimously approved. John Moribito stated that he knew Mr. Rutigliano's mother. Mr. Moribito stated that it has been a three-family house as long as he can remember. It is a modern, wellkept house and has no code violations as far as he knows. The Chair stated that there are two-applications in front of the Board. The first one involves the pre-existing use issues. If the Board determines that it pre-dates the zoning codes, then the Board does not have to get involved with the second application. Zoning Board Meeting, November 17,1999 �OF REVIOUS DOCUMENT Hudson Micrographics • PO Box 640, Route 9W • Port Ewen, New York 12466 -914/338-2200 .•^-*~£ijiJ4£^^*^i&-^",Ak^^ �The Chair commented that the tax records indicate a two-family residence. Mr. Rutigliano responded that in Sleepy Hollow, the house is listed as a two-family home but in Mt. Pleasant, it is listed as a three-family home. The Chair asked if there were three separate meters. Mr. Rutigliano responded yes. The Chair asked why was a new Certificate of Occupancy needed. Mr. Rutigliano commented that if he ever wanted to sell the property, there would be questions regarding whether it was a two or three-family residence. Mr. Rutigliano stated that he should have done this a long time ago. The Chair asked if there was any parking available. Mr. Rutigliano responded no. The Chair asked if there were any questions before the public hearing was opened. Mr. Jiminez commented that the affidavits were not notarized. Mr. Jiminez asked Mr. Margotta if there were any violations. Mr. Margotta stated no. The Chair stated that the zoning code date for pre-existing usage was 1964. The applicant stated that he has lived there since 1955. The public hearing was opened up. Mr. Frank Balantario of Sleepy Hollow spoke on behalf of Mr. Rutigliano. Mr. Balantario stated that he has known Mr. Rutigliano his whole life and can verify Mr. Rutigliano's story. One of the affidavits is signed by Mr. Balantario. The Chair asked Mr. Balantario if he had ever been inside the house. Mr. Balantario responded that he has been in the house many times. Mr. Balantario stated that there are three kitchens and three bathrooms. Mr. Balantario stated that it has always been a three family house. John Moribito made a motion to close the public hearing. It was unanimously approved. John Moribito stated that he knew Mr. Rutigliano's mother. Mr. Moribito stated that it has been a three-family house as long as he can remember. It is a modern, wellkept house and has no code violations as far as he knows. The Chair stated that there are two-applications in front of the Board. The first one involves the pre-existing use issues. If the Board determines that it pre-dates the zoning codes, then the Board does not have to get involved with the second application. Zoning Board Meeting, November 17,1999 �r' Miguel Jiminez asked if the Board declares this a three-family residence, will sprinklers be required. Mr. Margotta responded no. John Moribito made a motion to grant the request to convert to a three-family. Linda Moiron seconded. It was passed unanimously. b) David JacobsenThis is a request for a variance from the Village Zoning Code for the addition of a portico. The public notice was read aloud for the record. The Chair noted that the Board had received the following documents 1) Building plans 2) The Application Mr. Jacobsen stated that a variance is requested for two reasons. First it would dress up the property and be more aesthetically pleasing. Secondly, it is more practical. The portico would help shed water. It would help to prevent the existing water erosion around the base of the steps. The Chair asked the Board if there were any questions. The Chair made a motion to open the public hearing. Jim Nasbeth from Sleepy Hollow (Chairman of Architectural Review Board) spoke on behalf on the applicant. He also stated that as an adjacent property owner, he had no problems with the Mr. Jacobsen's requests. John Moribito made a motion to close the public hearing. Miguel Jiminez seconded. It was unanimously approved. The Chair stated that this was an area variance request. The Board must look at certain factors including whether it will adversely effect the neighborhood, whether it is inconsistent with the character of the neighborhood, etc. The Chair stated that the lot is very narrow. The Chair stated that the proposed portico would probably be more in-character with the neighborhood. Miguel Jiminez made a motion to grant the applicants request for a variance. John Moribito seconded. It was unanimously approved. c) Peter JewellThis is a request to convert from a 2-family to a 3-family residence. The public notice was read aloud for the record. The Chair noted that the Board had received the following documents t 1) The application Zoning Board Meeting, November 17,1999 ^~ :^i,%^;..^; _- 'rj&v&m=£f-mj*.\-r£*-"*-'- ^--;s jjkS^w^vssri C££k*%? -ZSX^-^S ^ ^ ^ t ^ ' a i ^ J s . r ^ & ^ f * ^:&££%!&«£ ^*^ �2) 3) 4) 5) The brief memorandum Title report (including deed & survey) Five affidavits Property record Pictures of the property were submitted. The Chair asked what was the need for the three-family Certificate of Occupancy. Mr. John Hughes (attorney for Mr. Jewel) stated that the property was inherited from Peter Jewell's father. The question of whether or not this property was a three-family residence came up during the administering of the estate. This property is currently owned by Mr. Peter Jewell and his brother. They plan to keep it. Mr. Hughes summarized the affidavits submitted. The property was owned by Peter Jewell's father Elmer Jewell. Elmer Jewell purchased this property in 1966 from Peter Jewell's grandmother who owned this property for many years prior to the sale in 1966. Mr. Hughes submitted photographs to indicate that each floor has its own entrance. Each floor is a separate apartment. Mr. Hughes stated that there was no way that this could be one house due to the set-up of the house. Mr. Hughes also stated that there is parking on the property. Mr. Peter Jewell stated that this property is listed as a three-family home in the tax role. The Chair inquired how this could happen. James Margotta responded that the assessor goes around and evaluates each property based on what he sees. The tax role might change but the tax role is different from the Building records. The current building record indicated a one family residence. . The public hearing was opened. Darlene Baird from Courtland Manor, NY stated that she used to live in that house since 1943. She stated that the house was expanded in the 1920's. She also stated that it was always a three-family residence. Peter Jewell stated that he was bom in 1961 and has lived there ever since. He stated that it was always a three family house. Mr. Jewell referenced one of the affidavits submitted from Mr. LeClerc who lived in the house from the early" 1960's to the~ 1980's. Mr. Jewell also stated that each tenant has parking on the property. Ed Olivares from Sleepy Hollow stated that some of these discrepancies are a result from the last blanket re-assessment that was performed in the village. This resulted in Zoning Board Meeting, November 17,1999 �most of the records being corrected in the tax role but not in the Building departments records. Miguel Jiminez made a motion to close the public hearing. John Moribito seconded. It was unanimously approved. The Chair asked for the Board for comments. John Moribito stated that he sees no problem with this request and he made a motion to grant the applicant's request that it pre-dates the code. Miguel Jiminez seconded. It was unanimously approved. George SamarasThis is a request to grant a variance from the Village Zoning code to add three dwelling units in the rear of an existing non-conforming building over an existing garage with several non-compliances. The Chair requested that the applicant indicate what changes were made from the last application. Ron Tumquist (Architect) presented the proposed site plan. It showed that the front is a 3- story building. The first floor plan was shown. The upper two floors (second drawing) were shown next. It showed four dwelling units. The proposal included converting the garage to one dwelling unit. The third level would have 2 bedrooms of the duplex units. Currently, there is a check cashing store and a deli on the first floor. It also has a garage in the back that is used for storage. The proposed dwelling units will be (1) one-bedroom unit and (2) two-bedroom units. There is no parking on the premises. Total unit parking is 5 lA spaces. Mr. Samaras indicated that he had previously had approval for adding one dwelling unit w/o adding additional parking. Mr. Turnquist explained why Mr. Samaras was adding three units. The existing building has stairs in the back that is in terrible condition. The stairs, halls should be upgraded. The dwelling units need proper doors. The roof is in poor shape. Zoning Board Meeting, November 17,1999 �Mr. Turnquist's recommendations included cost evaluation with code upgrades, new roof, etc. The cost was high. Mr. Turnquist stated that Mr. Samaras currently has a mortgage on this property and he needs to increase to a three-family residence to counteract the construction costs. The estimate to upgrade the property, new stairs, new roof, etc. would cost $4045,000. The Chair stated that the Board has no new info on Mr. Samaras' cash flow of this property. The additional income for the three dwelling units would manage the additional mortgage and taxes. The Chair asked if there was a parking proposal. Mr. Turnquist stated that there was another potential proposal on 76 Chestnut Street that would allow Mr. Samaras to secure parking. Mr. Turnquist is the architect for that project also. That project is currently not proceeding although it has approval from the Architectural Review Board. Mr. Samaras checked with other building owners within 200 feet of the property and was unable to secure any additional parking. Eliot Martone stated that if the other project ever goes forward that the question still would be could parking be obtained. Mr. Turnquist stated that there is no buyer to negotiate with. Mr. Turnquist stated that there is no parking available at this location. Mr. Samaras stated that the property was in terrible condition when it was purchased. The windows were old. Mr. Samaras stated that he replaced the windows and fixed the exterior and made many necessary repairs. The cost of this was high. Mr. Samaras stated that his current costs were $30,000/year with an income of $25,000. Based on the upgrade costs, he can't afford $40-50,000 to fix this property. Mr. Samaras stated that he didn't have the money or the loan approval to proceed with the previous zoning board approval (for a one-bedroom apartment addition). Mr. Samaras stated that the extra income would help with the additional costs. The Chair asked the Board if they had any questions. Zoning Board Meeting, November 17,1999 �Eliot Martone asked if there were any existing NYS code violations. They must be done whether or not the zoning is approved or not. Jim Margotta stated that many violations might pre-date NYS code. The Chair stated that these corrections don't have to be made if they are pursuant to which this building exists. Mr. Turnquist agreed. Mr. Turnquist stated that it doesn't meet today's standards. The Chair inquired about the cost of the stairs. Mr. Turnquist stated that steel stairs would be needed. The discussion was opened to the public. Miguel Jiminez made a motion to close the public hearing. John Moribito seconded. It was unanimously approved. John Moribito stated that the parking is not there. The owner wants to upgrade the property. The owner has expenses of $30,000/year including taxes, water, heat, etc. John Moribito stated that he should be entitled to fix the property and wants Mr. Samaras' request to be granted. Linda Moiron stated that there is a problem with parking and that this was a substantial area variance. Linda Moiron also stated that this parking problem is selfcreated. Miguel Jiminez commented that Mr. Samaras is building straight up not outward. Miguel Jiminez argued about the availability of local people to secure parking. Miguel Jiminez cited a previously approved zoning board application where additional parking was waived. The Chair disagreed with Miguel Jiminez. Linda Moiron stated that it was not a substantial area variance. Linda Moiron stated that Mr. Samaras wants to fix up the property. Linda Moiron asked Mr. Samaras when did the original variance get approved. Mr. Samaras responded that it was approved 6 years ago. It was for a four-bedroom duplex with 3 parking spaces required. Eliot Martone stated that it is ^-parking space per bedroom. Mr. Samaras stated that he was still adding 4 bedrooms. Zoning Board Meeting, November 17,1999 �Linda Moiron stated that more parking is required for 3 bedrooms than one bedroom. Mr. Turnquist stated that got approval for one apartment with three spaces. Eliot Martone stated that parking requirements are different now than they were 6 years ago. Eliot Martone stated that there was a problem with economic hardship. The Board had no proof. Mr. Samaras should present proof of economic hardship. James Galgano stated that they should get rid of zoning downtown. He also asked Mr. Samaras if there was any parking available across the street from the property. Mr. Samaras responded that there was not. James Galgano inquired if letters were within 200 feet of the property. Jim Margotta responded that they were. James Galgano stated that if there were no complaints and it would not be detrimental to the village, then he would approve the variance. The Chair stated that he agreed with Eliot Martone. The Board has no economic proof. The Chair also stated that the floor plan should go to the Planning Board first. The Chair stated that parking is the primary issue and that the variance is substantial. The Chair stated that the variance should be re-considered with a parking plan. The Chair also stated that this change is undesirable. John Moribito stated that 22 spaces were not needed that only 5 spaces were needed. The Chair stated that there is no proposal for 5 spaces. John Moribito agreed. The Chair stated that the Board of Trustees is the only committee that can change parking requirements. Miguel Jiminez stated that the parking feasibility needs to be addressed. Linda Moiron agrees with the rules. Miguel Jiminez stated that these rules are for new construction not for existing dwellings. John Moribito called for a vote. Jim Margotta stated that he agreed with the parking requirements on drawing in the amount of 21.5 spaces. Mr. Turnquist indicated on drawing that 21.5 parking spaces were required by code. Miguel Jiminez seconded John Moribito's call for a vote. Zoning Board Meeting, November 17,1999 �Miguel Jiminez inquired why would this have to go to the Planning Board. The Chair stated that all applications for construction must go through the Planning Board first as per the Village Code. Ed Lammers asked Jim Margotta if the application had to go to the Planning Board. Jim Margotta referred to the Village Zoning Code page 6247 (Site Plan Review) Section 62-29 required submissions. Jim Margotta asked Mr. Turnquist if this addition would cost more than 50% of the current fair market value. Mr. Turnquist responded that it would not. John Hughes (Mr. Samaras' attorney) stated that they would request an adjournment to provide economic data to further support Mr. Samaras' claim of economic hardship. Eliot Martone made a motion to adjourn the application for one month. It was approved unanimously. e) Frank Occhipinti • This is a request for a time extension of a variance granted by the Zoning Board on June 21,1995 for the conversion of a 2-family to a 3-family residence. No Mailings present Ed Lammers stated that we could go forward subject to receipt of mailings. Mr. Occhipinti stated that the application before the Board is to extend the variance. The Chair passed to the Board copies of the minutes from 1995 meeting that approved this application. Mr. Occhipinti stated that it is originally was an application to convert from a 2family to a 3-family. The Chair asked Mr. Occhipinti if the floor plan was the same as the original application. Mr. Occhipinti stated that it was not. The Chair stated that the Board had the following items: 1) The revised floor plan stamped by Mr. Turnquist. 2) Written application 3) Minutes from the 1995 hearing • Zoning Board Meeting, November 17,1999 •----:-<t:v-.<~- j - j - 5 f - ~ . A' :Wj.,»i;*"^i*V=-^^^^^^ �The Chair asked if the footprint was the same. Mr. Occhipinti responded that it was the same as in 1995. The Chair asked if any of the Board members had any questions of the applicant. The public hearing was opened. Mr. David Storn of Sleepy Hollow (16 Hudson Terrace) owns a business near the property. Mr. Stern has no opinion on this matter. He is concerned about his property rights. Miguel Jiminez made a motion to close the public hearing. It was unanimously approved. Miguel Jiminez made a motion to grant the request. John Moribito asked Mr. Occhipinti if someone could exit in an emergency if there was a car parked near the door since the property line is so close. Mr. Occhipinti responded that the matter was under litigation and could not comment on it. James Galgano asked how long would the extension be requested for. The Chair responded that it would be for one year. Eliot Martone seconded Miguel Jiminez's motion to grant the extension. Jim Margotta stated that the Building Department has requested a plot plan that was never received. It was needed to determine whether or not it was habitable. The Board stated that it would not change this requirement for the applicant. Mr. Occhipinti is still responsible for submitting this to the Building Department. The motion was unanimous. Other Topics: The Chair requested the mmutes froni the last meeting. Jim Margotta stated that the minutes were supposed to be sent but was not available. Adjourned at 9:39 p.m. to next meeting. Zoning Board Meeting, November 17,1999 �j^ p Vnr\M-oeUoojMnsXr • Mr. Orose stated that based on the size and shape of the lot, there is no other location to put this shed on the property. Jim Galgano asked when the shed was built. George Orose responded 1985. The Chair stated that this pre-dates the establishment of the ARB. Jim Galgano inquired why a Certificate of Occupancy is needed. He also inquired why it was classified for non-conforrning use. Jim Margotta stated that it is only to make this a legal structure. The Chair stated that it was a request for an area variance. Non-conforming use only applied if it pre-dated the zoning codes, which this does not. The Chair opened the public hearing. John Moribito made a motion to close the public hearing. Eliot Martone seconded. John Moribito made a motion to approve the request for the variance. Eliot Martone seconded. It was unanimous. Other Topics: The minutes from November 1999's meeting were reviewed. The following changes were made: 1) Pg. 3 reads: John Moribito made a motion to grant the request to convert to a three-family. Should read: John Moribito made a motion to grant the request to have it declared a nonconforming pre-existing 3-family. 2) Pg. 7 reads: Linda Moiron stated that it was not a substantial area variance. Should read: Linda Moiron stated that it was a substantial area variance. • Zoning Board Meeting, February 16,2000 �iirf • » k 3) Page 10 reads: The motion was unanimous. • Should read: The motion was unanimously approved. Eliot Martone made a motion to approve the minutes. Jim Galgano seconded. It was unanimously approved. The Chair requested the minutes from October 1999's meeting but Jim Margotta stated that they were still not available. Adjourned at 8:19 p.m. to next meeting. • Zoning Board Meeting, February 16,2000 . � 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_1999-11-17 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