https://sleepyhollow.localarchives.org/files/original/b09046703bcdc786fce9249f0e512205.pdf 9bad7890bd2e6991529999a197a8c42a PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD MEETING June 21,2000 °^L; The meeting was called to order by Robert Anello, Chair at 8:04 p.m. Present: Robert Anello, Chairman James Galgano Eliot Martone Linda Moiron Peter Koffler John Moribito Absent Miguel Jiminez Also Present: James Margotta (Building Inspector) Ed Lammers (Village Attorney) Anthony DelVecchio (Stenographer) Agenda: a) b) c) d) e) Frank Camilliere Sam Vieira Augustin Triana Blue Gorilla Studios, Ltd. Philipse Manor Beach Club Depeyster St. 174 Valley Street 128 Cortlandt St. 8 Kendall Ave. Announcements: None. a) Frank Camilliere The public notice was read aloud. John Hughes is representing the applicant and is filling in for Ron Turnquist, project architect. The Chair noted that the Board had received the following documents: a) Building Plan for basement dated March 23,2000. b) Letter from Jim Margotta denying the building permit. c) The application for the variance. Frank Camilliere stated that this is a request to install an office in the basement for the purpose of operating a carpet store/showroom. John Moribito asked if this was a side business. Frank Camilliere responded yes. �The Chair stated that this building already has a parking variance. The Chair asked for the parking requirements of the building. Jim Margotta responded that it should be in the legal notice. The Chair stated that the Board would need to see the file from the last approval. John Moribito asked about the parking requirements for a 6 family building. Jim Margotta responded that one (1) parking space/apt. + Vz parking space /bedroom was required. There are ten (10)-parking spaces required. The Chair stated that a timing variance might apply for this application. John Hughes stated that he will get the previous file and will return with all necessary information at the next meeting. The Chair opened the public hearing Eliot Martone made a motion to close the public hearing. John Moribito seconded. It was unanimous. The Chair adjourned this application until next month. b) Sam Vieira The public notice was read aloud. The Chair noted that the Board had received the following documents: a) b) c) d) e) The application for the variance. Returns Public Notice Letter from Tony Suarez dated 6/12/00. Letter from Sam Vieira dated 5/10/00. Sam Vieira, Project Architect, spoke on behalf of the applicant. He gave a general overview of the application to date. He stated that this is a new application but the applicant is the same as the April 27, 2000 meeting. He also stated that no previous variance was granted. Sam Vieira gave a brief history of all work associated with the building and changes in the building use. He also gave a history of parking associated with this building. Sam Vieira stated that based on all previous parking needs, 19 spaces are needed plus the loading spaces. He also stated that based on the proposed use, only 10 spaces are required. The proposed usage has decreased the parking requirements. Zoning Board Meeting, June 21,2000 2 �• h: Sam Vieira stated that the building has no property beyond the boundaries and the building has never had off-street parking. The Chair stated that off-street parking was promised. The Chair then read a letter from Tony Suarez. The letter indicated that Tony Suarez was against the variance request. The Chair opened the public hearing. Don Guatano (43 Lawrence Ave, Sleepy Hollow) spoke. He stated that Tony Suarez does not live in the Village and the letter should not be considered. The Chair asked if there was anyone from the public that wished to speak. Since there was none, John Moribito made a motion to close the public hearing. Eliot Martone seconded. It was unanimous. John Moribito stated that there is no deed restriction for parking. The Chair responded that no variance was needed back then. The Chair also stated that after the business was sold, a business was added where parking was to be provided. The Chair asked the Board if there were any other comments. 4fc Jim Galgano asked if the apartments were being used. Jim Margotta responded yes. Jim Galgano asked how long have these apartments been used. Sam Vieira stated that the four- (4) apartments have been in use since 1984. Jim Galgano stated that they have been operating without parking since 1984 also. i Sam Vieira discussed the removal of the curb cut to add additional street parking at night. He also discussed the methods to be used to drop-off children and pick them up during the day. i H Jim Galgano stated that parking is a problem at night not in the day. He also stated that this building has been operating for the last 15 years in this manner and he would vote to grant the variance. j|/ The Chair stated that if the Board forces him to comply with the Zoning laws, five (5) cars can park in this space. # m^ John Moribito stated that he would not want to live there if cars were parked under his bedroom. TL Tpr Zoning Board Meeting, June 21, 2000 ^l^-^^t-jy^tiJ, flfe^-ig^-P^I;^ ^V-W^-VK-i- ^ v ^ ^->^^^'-^^^^^-y^^rS-it^:^ii^^^^^^^^^^^^^^^^£^^^ �Eliot Martone stated that the Board couldn't forgive 16 years of violations and give a variance. The Chair stated that the owner should correct the problem and conform the building for parking. Sam Vieira stated that the proposed parking impact is less than what is currently there now. It is only an impact of two spaces. The Chair stated that this is a self created hardship not a financial hardship. The Chair opened the discussion to the Board. Jim Galgano stated that the day care center is needed in the Village. This problem should have been corrected 15 years ago. John Moribito stated that he agrees with Jim Galgano. He stated that since children are only going to be dropped off, he feels that the two- (2) parking spaces are not required. Peter Koffler stated that he agrees with the Chair. Jim Galgano stated that this problem is the fault of the Village for allowing this to occur for the last 15 years. Jim Galgano made a motion to approve the application and grant the variance. John Moribito seconded. The application was declined 4-2. c) Augustin Triana The public notice was read aloud. The Chair noted that the Board had received the following documents: a) b) c) d) e) f) One page zoning requirement. Letter from John Hughes dated 05/16/00. The application for the variance. The previous Zoning Board minutes for the previous approval. Deed. Two (2) drawings. John Hughes is representing Augustin Triana. Augustin Triana was also present. John Hughes gave a history of previous parking variances. He stated that the new parking lot is accessible from 2-way street as opposed to the current parking lot, which is on a one-way street. Zoning Board Meeting, June 21, 2000 4 �* It- John Hughes stated that the applicant would try to put a residential housing unit in the location of the current parking lot. John Hughes also stated that the application has been delayed due to the applicant's family illness. Due to this illness, the applicant is no longer financially strong. John Hughes stated that the restaurant has not been a problem as far as parking goes. He also stated that the applicant only seeks to change the location of the restaurant parking and it is only a net change of one space. The Chair asked if the previously approved plan was available. John Hughes responded yes. It was included in the package. The Chair asked if there were any parking requirements for the tenants. John Hughes responded no. He stated that since the building was previously a boarding house, parking was not required. The only parking demand was for the restaurant. Jim Margotta stated that there is less parking required for 4 apartments than for 20 tenants. The Chair inquired about valet parking. John Hughes responded that the applicant has considered valet parking as an option. John Moribito stated that in the lot across the street, valet and tandem parking was supposed to be used but they do not exist. • The Chair asked Ed Lammers if the Board could impose anything to make parking available to the tenants. Ed Lammers responded that a sign could be installed to indicate spots to be designated for tenant parking. f I $t-\ 0-;-"Jl H w7~% - . - • itf-v The Chair opened the public hearing. Linda Moiron made a motion to close the public hearing. Eliot Martone seconded. It was unanimous. - - ' p j| % Peter Koffler asked if this lot was large enough for 18 cars. John Hughes responded that based on the plans, spaces are 16' - 8" by 7 ' - 0" and can accommodate 18 cars. Isf- j§ Linda Moiron stated that she recently visited the restaurant and had no problems with parking. m John Moribito stated that the revised parking plan only loses one parking spot. The Chair read the previous approval from the Zoning Board of Appeals meeting dated April 17, 1996. The conditions for approval were read aloud. ST ="- - "I Zoning Board Meeting, June 21, 2000 fe ""•'»*<e*s^S7*^i£e&..--. -: «i ^A^.^Aiss,- ^^Ma^fc'uifeife. ^,-»*«isi,w4sfc., V. &*&&,*&££&, �1) Property across the street, 8 Cedar Street, which is owned by Mr. Triana, be designated for parking according to the plans submitted to the Zoning Board of Appeals and pursuant to the requirements for the development and maintenance set forth in 62-14, that parking spaces 19, 20 and 21 be designated as employee's parking spaces. A legal instrument satisfactory to the Village Attorney will be filed with the County Clerk restricting the use of that property for as long as any parking is required for any use at 128 Cortlandt Street, North Tarrytown, New York. 2) It is required that the loading zone and parking space located on College Avenue side be surfaced and maintained as required by Sec. 62-14 D(4) and be designated as a loading zone and parking space used for the restaurant/bar. 3) The applicant should also be required to obtain approval from the ARB for the signs for the parking lot at 8 Cedar Street and at 128 Cortlandt Street. 4) That the applicant does not obtain a Cabaret license without obtaining additional variances from the Zoning Board of Appeals. 5) That the restaurant/bar not have more than 84 seats. Additional requirements were added. They were as follows: 1) Additional spaces designated for tenants (Spots 13 through 18). 2) Site plan approval should go through the Planning Board. Jim Margotta stated that a portable valet parking sign could be used. Any changes to the facade should go through the ARB. There was an open discussion on the merging of the two properties versus applying a deed restriction. The tax map designation on the tax map needs to be changed. The tax maps are changed through the Planning Board. The Chair made a motion to approve the variance with the following restriction: 1. Property across the street, 8 Cedar Street, which is owned by Mr. Triana be designated for parking according to the plans submitted to the Zoning Board of Appeals and pursuant to the requirements for the development and maintenance set forth in 62-14, that parking spaces 1,2 and 3 be designated as tandem spaces for employee's parking and parking spaces 15, 16, 17 and 18 be designated as tenant parking spaces. A legal instrument satisfactory to the Village Attorney will be filed with the County Clerk restricting the use of that property for as long as any parking is required for any use at 97 College Avenue, Sleepy Hollow, New York. All current tenants shall be given a letter informing them of the parking spaces. All future tenants are informed through their leases. Zoning Board Meeting, June 21, 2000 6 �^ ^P 2. A legal instrument satisfactory to the Village Attorney or an applicable deed restriction will be filed with the County Clerk to merge these properties (128 Cortlandt Street and 8 Cedar Street) so that one property cannot be sold without the other. 3. The applicant supplies a weekend parking sign stating that parking is available. 4. Parking spots 1-20 cannot be rented out. These spots are only available for the restaurant and tenants. 5. It is required that the loading zone and parking space located on College Avenue side be surfaced and maintained as required by Sec. 62-14 D(4) and be designated as a loading zone and parking space used for the restaurant/bar. 6. That the applicant does not obtain a Cabaret license without obtaining additional variances from the Zoning Board of Appeals. 7. That the restaurant/bar not have more than 84 seats. 8. The applicant must go to the Planning Board for site plan approval. 9. The applicant must go to the ARB for facade approval. • Jim Margotta asked why the Planning Board needed to review the application. The Chair responded that it is as per the Zoning Code. Jim Margotta responded that it is interior parking. Ed Lammers responded that the matter should be referred to the Planning Board. The Chair made a motion to approve the variance with the previously stated restrictions. Linda Moiron seconded. It was unanimous. d) Blue Gorilla StudiosThe public notice was read aloud. The Chair noted that the Board had received the following documents: a) b) c ) d) e) f) g) If: J: Rr Ip m. The application for the variance. A memo from Blue Gorilla Studios. Survey. Letter from Building Inspector denying the Building Permit. Zoning Board of Appeals minutes from 4/15/98. Short EIF. The Building Plans. Zoning Board Meeting, June 21, 2000 6j§r^- • _r--" • • - -- -" •------—---'• • * ' - ^ - " ^ ^ ~ « ^ ' - - « - ~ - - ^ ^ - - < - - ^ ^ ^ ^ �h) Supplemental letter. Robert Spolzino is the attorney representing the applicant. He stated that no variance should be needed based on the Village Zoning maps. Jim Margotta stated that this property is located in a C2 zoning district. The Chair asked if a variance was needed. There was an open discussion on whether a variance was needed. Sean McCarthy is the architect for the applicant. He gave a brief history of the previous uses of the building. The Chair stated that the last variance was for five (5)-parking spaces. Sean McCarthy gave an overview of the proposed building use and parking plan. He stated that the studio would only accommodate one artist at a time. There would also be only 1-2 employees at a time present. Sean McCarthy reviewed the parking requirements. They are one-space/1000 SF or onespace/2 employees whichever is greater. The total office and studio space equals 4100 SF. He also stated that one space would not impact the area. Jim Galgano asked about the hours of operation. Sean McCarthy responded mostly in the day but there is no set hours. Linda Moiron asked about the loading zone. Sean McCarthy stated that the plans are not complete but since the loading zone will not be used, this parking space could be added to street parking. The Board reviewed the minutes that covered the previous application and approval. Jim Margotta asked if any trucks would be used with this business. Sean McCarthy responded that no trucks would be used. The Chair asked if there were any other questions from the Board. Since there were no other questions, the Chair opened the public hearing. Ella McDonough, 23 Kendall Ave asked if the facility would be soundproof. Sean McCarthy responded yes. Ella McDonough also asked about the hours of operation. Sean McCarthy responded that they are not posted. Ella McDonough also asked about the possibility of overflowing the parking of the business onto the street and interfering with resident parking. Zoning Board Meeting, June 21, 2000 8 �Sean McCarthy responded that there will only be 1-2 employees there at any one time and this should not be a problem. David Stoler (co-owner of Blue Gorilla Studios) spoke. He stated that although there are 6 (six) proposed offices, there will probably never be 6 (six) employees present. Ella McDonough also asked about the one missing space for tenants. The current tenant has 2 (two) cars. Sean McCarthy responded that as per the village code, only one spot is required. Ella McDonough asked why are the loading spots and parking spots given for the building. Sean McCarthy responded that the owner is not there. The Code also requires a 45 ' loading space. Anabel Silva, 13 Kendall Ave asked about the growth of the business and the ability for the residents to park. Mr. Chairtov (co-owner of Blue Gorilla Studios) spoke. He stated that the growth of the business could not impact parking because the studio can only accommodate a certain amount of artists at any one time. John Moribito made a motion to close the public hearing. Jim Galgano seconded. It was unanimous. The Chair stated that the applicant is willing to remove the curb cut and add one (1) additional parking space. The Chair read the restrictions on the previous approval. He stated that condition #1 is still applicable. Conditions #2 through #7 are not applicable. He stated that conditions #8 and #9 are still applicable. Eliot Martone made a motion to approve the request. The Chair added the following restrictions on the approval. They are as follows: 1) The first condition remains in effect. Only one business can operate at this facility. 2) Propose the removal of the one of the two existing curb cuts. 3) Parking lot across the street is maintained for six (6)-parking spaces. A legal instrument satisfactory to the Village Attorney will be filed with the County Clerk restricting the use of that property for as long as any parking is required for any use at 8 Kendall Ave. Sleepy Hollow, New York. 4) One spot is to be allowed for the tenant. 5) No parking overnight for commercial vehicles. 6) If the use changes, a new variance application must be submitted. Zoning Board Meeting, June 21, 2000 9 �The approval was unanimous. e) Philipse Manor Beach Club Eliot Martone requested that he be excused from this topic since it represents a conflict of interest. The public notice was read aloud. The Chair noted that the Board had received the following documents: a) A letter from PMIA. Lee Kennedy is representing the applicant. He stated that currently the fence is 6' - 6" and is in a park and recreation zone. The applicant wants to replace this existing fence with a 6' - 0" fence but if they need to put a 7' - 0" fence for security reasons, they don't want to make another submission. Lee Kennedy gave a summary of the Waterfront Advisory Committee findings and provisions. The Chair asked if the applicant had been before the ARB. Lee Kennedy stated that the applicant had been before the ARB last month and they approved a 6' - 6" fence. Lee Kennedy stated that the Boat Club has lots of boats and they have a difficult time keeping swimmers out. The Chair opened the public hearing. John Moribito made a motion to close the public hearing. Linda Moiron seconded. John Moribito made a motion to grant the variance. Peter KofBer asked if the fence would be natural wood or painted. Lee Kennedy responded that it would be galvanized black steel posts with a wood picket fence (Cedar). He did not know whether it would be gray or white. Linda Moiron asked how the applicant intended to go from 6' - 6" to T - 0". Would the applicant add a piece or replace the fence. Lee Kennedy responded that he did not know. Linda Moiron seconded John Moribito's request to grant the variance. It was unanimous. Zoning Board Meeting, June 21, 2000 10 �The T - 0" variance is limited on condition that if the applicant decides to install the T - 0" fence, they are required the go before the ARB for their approval. Other Topics: The minutes from April 2000 meeting were reviewed. On page 2, it reads: " The Chair asked where the 2 parking spot requirement came." It should read: " The Chair asked from where the 2 parking spot requirement came. On page 2, it reads: " The Chair stated that the requirement for two (2) parking spots can be determined three different ways (Square footage, Nursery and employees). It should read: " The Chair stated that the requirement for two (2) parking spots can be determined three different ways (Square footage, Nursery, and number of employees). The Chair made a motion to approve the minutes as noted. It was unanimously approved. The minutes from the May 2000 meeting were not available. They will be reviewed at the next meeting. The Chair made a motion to adjourn. Eliot Martone seconded. It was unanimous. Adjourned at 10:28 p.m. Zoning Board Meeting, June 21,2000 11 � 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-2000 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_2000-06-21 Subject The topic of the resource Zoning Board Minutes & Resolutions-2000 Date A point or period of time associated with an event in the lifecycle of the resource 2000 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