https://sleepyhollow.localarchives.org/files/original/715872a016cc555095cfbc1d9dc765cb.pdf 9d07b0c24b9a92d34c17652d60b9920d PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING July 18,2001 The meeting was called to order by Robert Anello, Chairman at 8:01 p.m. The Chair noted that a quorum was present. Present: Robert Anello, Chairman James Galgano Linda Moiron Peter Koffler Eliot Martone Miguel Jiminez Absent: John Moribito *°v~niA r/ ? / ilJUC I c onu 6 VW 3yi| ° 30^ij ^** Also Present: Ed Lammers (Murphy, Stecich & Powell/Village Attorney) Anthony DelVecchio (Recording Secretary) Jim Margotta (Building Inspector) Bob Stiloski (Department of Fire and Life Safety) Agenda: a) b) c) d) e) f) g) h) i) Monique Goldman Kevin Sullivan John Oliva Claire Lane Stephan Murphy Charles Pateman Glen & Janice Rosenbloom Anthony DelVecchio Minutes of June 2001 Announcements: None. a) Monique Goldman This is a continuation from a previous meeting. Mr. Goldman summarized the previous meeting. She submitted notarized letters from 7 individuals that indicated that the property contained 5 dwelling units and a store. These documents were submitted to the Board. Jim Margotta stated that he visually verified that the property has 5 dwelling units and a store, «,•». : irf-i-h^rSMjeASSUSi^^^fe^S^WA^ 0 �The Chair asked about the date of the newspaper article. Mr. Goldman responded that the date of the article is around the date of sale indicated in the article (1963). The Chair stated that the Board had received the following documents: 1) Photos 2) Application 3) Letter from Monique Goldman to the ZBA. 4) Newspaper article. 5) Landlord registration for Housing Accommodation dated 1974. 6) Underwriters Certification. 7) Gross estate schedule dated 1975 that refers to the property as a 6 family dwelling. 8) Legal services receipt indicating 6 family dwelling 9) Mortgage satisfaction letter dated 1973. 10) Affidavits. The Chair summarized all of the letters in detail. The Chair asked if there was any other information for the Board. Monique Goldman responded no. The Chair asked if the store is currently used. Mr. Goldman responded that it is currently vacant. The Chair asked when was it last occupied. Mr. Goldman responded 8 years ago but it is a commercial property. The Chair stated that the only variance required is a variance for square footage. The Chair stated that based on the Code for R5, 8000 square feet is clear. The Chair referred to Counsel concerning the square footage for the store. Ed Lammers responded that there is no requirement. Miguel Jiminez asked about parking. Jim Margotta responded that parking is adequate. Mr. Goldman stated that since the property was purchased in 1963, it pre-dated the zoning code. The Chair opened the public hearing. Since there were no public comments, Miguel Jiminez made a motion to close the public hearing. Eliot Martone seconded. It was unanimous. The Chair stated that the non-conforming use for the store has elapsed since the store has not been used for more than one year. Ed Lammers stated that the only variance is needed is for the additional square footage. Zoning Board of Appeals Meeting, July 18,2001 2 �The Chair stated that the store does not require a variance. Peter Koffler questioned the addition of the store after the article was published. Monique Goldman responded that when the building was purchased, the previous owners had a grocery store on the first floor. She stated that her father converted it into a studio apartment. Linda Moiron asked when was it converted. Monique Goldman responded in 1963. She stated that in 1975, it was converted back to a store. It remained a store until the early 1990's There was an open discussion on the number of units. The Chair explained the denial process to the applicant. The Chair stated that it is a non-conforming use but it has not been used for one year. Linda Moiron made a motion to approve the Certificate of Occupancy for 5 families. Eliot Martone seconded. It was unanimous. The Chair stated that the new owner could come before the Board and apply for a variance for the store. b) Kevin Sullivan The public notice was read aloud. The Chair asked why the restriction was not 3-foot. Jim Margotta responded that the applicant has two front yards. He stated that the fence is to be installed in the rear yard. Kevin Sullivan is the applicant and is representing the application. He explained the property and the location of the proposed fence. The Chair stated that this is a side yard and the fence should be 3-foot. The fence is to be installed along Route 9. Kevin Sullivan responded that many other houses have a 6-foot fence installed. The Chair responded that he wants to make sure that the public notice is correct as per Village Code section 62-12 for corner lots. There was an open discussion on the accuracy of the public notice and the fence height with regards to front yards. The Board agreed to proceed. Kevin Sullivan stated that he wants to replace the existing 5-foot fence with a 6-foot fence. He Zoning Board of Appeals Meeting, July 18,2001 3 �detailed the property layout. He stated that the fence is needed for privacy and safety. He also stated that 75% of the houses in the Manors that border Route 9 have 6-foot high fences. The Chair asked if the Board had any questions. Peter Koffler asked if the current post locations indicate where the fence will be installed. Kevin Sullivan responded no. The Chair opened the public hearing. Jim Nazemetz from Harwood Ave spoke. He asked Bob Stiloski about the traffic safety regarding the location of the fence. Bob Stiloski responded that there are no problems where the fence is proposed. Jim Nazemetz asked if the neighbors fence height where the two will meet. Kevin Sullivan responded that the neighbor's fence is 5-foot. Since there were no other public comments, the Chair adjourned the application to next meeting with the applicant re-noticing the public with the correct public notice. The public hearing was left open. c) John Oliva The public notice was read aloud. Sam Vieira is the project architect and is representing the application. He detailed the current configuration of the house. The Chair asked if the driveway would be lowered. Sam Vieira responded yes. He stated that retaining walls would be used. He detailed the new driveway. The Chair asked if the two off-street parking spaces would still be available in the new driveway. Sam Vieira responded that the driveway would be the same. He also stated that the setbacks would remain the same. The Chair asked if the Board had any questions. Since there were none, the Chair opened the public hearing. A neighbor from 8 Katrina Ave spoke. He stated that he would like the neighbor to build in the rear. He stated that he was concerned about his privacy and property value. Since there were no other public comments, Linda Moiron made a motion to close the public hearing. Miguel Jiminez seconded. It was unanimous. Zoning Board of Appeals Meeting, Jury 18,2001 4 �The Chair stated that this is not an undesirable change to the neighborhood. He also stated that other houses have shorter setbacks and will increase the value of the neighborhood. Jim Galgano made a motion to approve the variance as submitted. Miguel Jiminez asked about the maximum height allowed. Jim Margotta responded that the maximum height is 35 foot and the property is 24 foot. Peter Koffler asked about the setbacks of the neighboring properties. John Oliva described his setbacks and the setbacks of neighboring properties. Miguel Jiminez seconded. It was unanimous. d) Claire Lane The public notice was read aloud. David Eddy is representing this application with Claire Lane. He gave a description of the property. He stated that it is listed as a 3-family with the Village building department. He submitted several affidavits that indicated that his property was continuously used as a 5-family residence. He also stated that the tax records vary. The Chair read the affidavits for the record. There was an open discussion as to the accuracy of the building records and the tax records. Jim Margotta stated that many times the assessor would make changes and not tell the building department. The Chair asked if the Board had any questions. Peter Koffler asked who lives in the basement. David Eddy responded that Claire Lane lives there. He also stated that there are two apartments on the 1st floor, one apartment on the 2nd floor and one apartment on the 3 rd floor. There was an open discussion on the number of families on the property cards. Jim Galgano produced the property card from the town of Mt. Pleasant that indicated that the property was listed as a 5-family residence. The Chair asked how far back did the town records go. Jim Galgano responded 1964. The Chair opened the public hearing. Zoning Board of Appeals Meeting, July 18,2001 5 �Judith Washburn from 180 Washington Street spoke. She stated that she used to live at 49 Depeyster St. from 1983-1986. She stated that the property was a 5-family residence. Since there were no other public comments, Jim Galgano made a motion to close the public hearing. Miguel Jiminez seconded. It was unanimous. Miguel Jiminez made a motion to approve the Certificate of Occupancy for 5 families. Jim Galgano seconded. It was unanimous. e) Stephan Murphy The public notice was read aloud. Stephan Murphy is the applicant and is representing this application. He gave a brief overview of the project. He stated that the variance required is for 2 lA feet. The Chair asked if the side yard was the only area that was non-conforming. Stephan Murphy responded yes. The Chair opened the public hearing. Since there were no public comments, Eliot Martone made a motion to close the public hearing. Jim Galgano seconded. It was unanimous. The Chair asked if the returns were received. Jim Margotta responded yes. Eliot Martone made a motion to approve the variance. Jim Galgano seconded. It was unanimous. f) Charles Pateman The public notice was read aloud. Charles Pateman is the applicant and is representing this application. He summarized a June 13, 2001 memo to the Board. The Chair asked if the applicant had building plans for the Board to review. Charles Pateman responded yes. He submitted them to the Board. He described the plans in detail. The Chair asked if the zoning was C-2 Charles Pateman responded yes. Zoning Board of Appeals Meeting, July 18,2001 6 �The Chair asked if the Board had any questions. Since there were none, the Chair opened the public hearing. Fred Hopie from Depeyster Street spoke. He stated that he owns the property next to this property. He stated that the area is already densely populated and that parking would be a problem. The Chair explained to the public about parking requirements. Mrs. Hopie asked about the additional parking in addition to the underground spots. Charles Pateman explained how 4 cars could park on the property. The Chair stated that the applicant could build stores on this property if he wants. The Chair stated that the applicant does not need a variance to build a commercial property since this property is in a commercial zone. The Chair stated that the applicant is only before the Board because he wants to make it a residential property. The Chair asked if there were any other public comments. Since there were none, Jim Galgano made a motion to close the public hearing. Miguel Jiminez seconded. It was unanimous. Jim Galgano made a motion to approve the variance with the building footprint and parking as submitted plus parking for 2 additional cars in driveway. Eliot Martone seconded. It was unanimous. g) Glen & Janice Rosenbloom The public notice was read aloud. Bill Klineman is representing this application. He stated that the applicant is proposing a 2-story addition to the property. He detailed the proposed plans. The Chair asked if the square footage of the deck adds to the coverage calculations. Jim Margotta responded no because it is an open deck. The Chair asked if the Board had any questions. Since there were no comments, the Chair opened the public hearing. There was no public comment. Jim Galgano made a motion to close the public hearing. Eliot Martone seconded. It was unanimous. Miguel Jiminez made a motion to approve the variance. Jim Galgano seconded. It was unanimous. h) Anthony PelVecchio The public notice was read aloud. Zoning Board of Appeals Meeting, July 18,2001 7 �The Chair read three letters from neighbors stating that they have no objections with the proposed work. Anthony DelVecchio is representing this application. He stated that the current configuration of his house is awkward. The new walkway would properly separate the two apartments. Anthony DelVecchio produced photos to further illustrate the location of the structure in relation to his neighbors and the property. The Chair asked why the entrance could not be built on the other side of the house. Anthony DelVecchio responded that the structure would be very large and would add an additional story to the entranceway. He produced drawings illustrating this. The Chair opened the public hearing. Ed Mahoney (45 Hudson Terrace) spoke. He stated that the proposed walkway is partially on his property. He produced a survey to illustrate. He also stated that the walkway would infringe on his privacy. He stated that he is against its construction. He also stated that there are two alternative methods that are available to the applicant. Anthony Cellante (40 Hudson Terrace) spoke. He stated that he is concerned about the safety of rerouting the entrance. Since there were no other public comments, Jim Galgano made a motion to close the public hearing. Miguel Jiminez seconded. It was unanimous. The applicant requested that the application be adjourned to the next meeting so that alternatives could be looked at. This was adjourned to the next meeting. i) Minutes of June 2001 The minutes will be reviewed at the next meeting. Adjourned at 11:09 p.m. to next meeting. Respectfully Submitted, / Cw-toiitf Anthony Del Vecchio Zoning Board of Appeals Meeting, July 18,2001 8 � 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-2001 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_2001-07-18 Subject The topic of the resource Zoning Board Minutes & Resolutions-2001 Date A point or period of time associated with an event in the lifecycle of the resource 2001 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