https://sleepyhollow.localarchives.org/files/original/e71ac4c017f5281ab5c181ec36b0b6fc.pdf 2e90bb55b9fd5e16a9982e832727aef3 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD OF APPEALS MEETING March 20, 2002 RECEIVED APR - 2 700? The meeting was called to order at 8:10 P.M. by Robert Anello, Chairman. X4W^rfi& fiJtHftlfet a quorum was present. Present: Robert Anello, Chairman Eliot Martone Linda Moiron James Galgano Absent: Peter Koffler Miguel Jiminez Bruno Volpacchio Also Present: Ed Lammers (Murphy, Stecich & Powell/Village Attorney) Bob Stiloski (Director, Department of Fire and Life Safety) Anthony Del Vecchio (Recording Secretary) Agenda: a) Giovanni Volpacchio b) Laurentino Rodriguez c) James and Richard Belliveau d) Mr. & Mrs. Walter Ceconi e) Minutes of February 2002 meeting f) Discussion on the Village Zoning Code Announcements: None. a) Laurentino Rodriguez This is a continuation from a previous meeting. Ron Turnquist is representing this application with Laurentino Rodriguez. He stated that last meeting there was an issue on the existing parking. He stated that the property has been surveyed and the parking is adequate based on his parking drawing SD-1. Ron Turnquist summarized the dwelling units. He stated that the parking is adequate for the apartments and the restaurant. Ron Turnquist stated that previous owners used the property to sell sandwiches, coffee, etc. The owner before that operated a pizzeria. The Chair asked who is currently using the parking spaces. Laurentino Rodriguez responded that the tenants use the parking spaces. % �The Chair asked if any of the spaces were leased to others. Laurentino Rodriguez responded no. The Chair asked if the tenant's leases include parking. Laurentino Rodriguez responded no. The Chair stated that there are supposed to have 5 spaces dedicated for the apartments. Laurentino Rodriguez responded that the tenants are on a month-to-month basis. They use the parking lot if they have a car. Ron Turnquist stated that the parking lot would have lighting added. He stated that it already has a gate. He stated that the variance is for a food establishment not for parking. Bob Stiloski stated that at the last meeting, one member had some parking concerns. The Chair responded that the variance could not be granted if other variances are also required. The Chair asked if the parking lot complied with the Village Code. Bob Stiloski responded yes. The Chair asked about signage. He asked how customers would know about the available parking. Ron Turnquist responded that signage would be added on the existing chain-link fence. The Chair asked about the Code requirements for parking space size and turning radius. Bob Stiloski checked the Village Code and responded that Code Section 62-14 (a)-l states that parking spaces are 18'x 9'. He stated that there is no requirement for turning radius. The Chair stated that he wants the application to comply with all Code sections. He asked if an off-street loading space is required. There was an open discussion on whether this matter should go before the Planning Board. It was decided that the Code would be checked. Bob Stiloski checked the Village Code (specifically 62-14(f)) and no requirements were found for an off-street parking space. Ron Turnquist stated that the building meets all Code requirements for ingress/egress. He stated that it is also handicap accessible. The Chair asked Bob Stiloski for his input. Bob Stiloski responded that he has been to the property several times. He stated that he see no problems with the property. Eliot Martone stated that at the last meeting he asked Bob Stiloski to check if the parking lot is tied into another property. Bob Stiloski responded that there are no records to indicate that it is tied into another property. Zoning Board of Appeals Meeting, March 20,2002 2 �The Chair asked Laurentino Rodriguez if the parking lot is tied into another property. Laurentino Rodriguez responded no. The Chair opened the public hearing. Since there was no public comment, Eliot Martone made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (4-0). The Chair stated that the property meets the parking requirements. Eliot Martone made a motion to approve the request for a variance with the following conditions: 1) Proper signage to be added to indicate restaurant parking. 2) Parking lot should be paved and lined according to the Village Zoning Code. Jim Galgano seconded. It was unanimous (4-0). b) Giovanni Volpacchio This is a continuation from a previous meeting. There was nobody present to represent this application. There was an open discussion on the reason a variance is being requested. Ron Turnquist provided some background information. He stated that the request was incorrectly noticed. It was decided that the application would be re-noticed. This was adjourned to next meeting. c) James and Richard Belliveau This is a request for an area variance. The public notice was read aloud. The Chair asked if the returns were received. Bob Stiloski responded yes. The Chair stated that the Board has received the following: 1) Application with photos. 2) Hand-drawn sketch Zoning Board of Appeals Meeting, March 20,2002 3 �3) Public Notice 4) List of names within 200 feet of property 5) Petition from Department of State 6) Letter denying a building permit 7) Building application 8) March 9, 2002 letter from Cheryl Capello 9) Tax map 10) Diagram indicating the location of shed on the property. Dennis Fitzgerald is the attorney representing this application. He gave a description of the shed with respect to the property. He stated that it was built in 1993 without a building permit. He gave a description of the existing property size. He stated that in order to have the shed comply, it would have to be attached to the house or block the driveway. He stated that there are other properties in the neighborhood with sheds close to the property line. He stated that the shed is a minimal disturbance. He submitted letters from five neighbors. He stated that the shed stores gardening equipment. The Chair referred to the letters from Cheryl Capello indicating she doesn't have a problem with the shed. The Chair also referred to letters from Kevin Donovan, Vincent Damella, Denise Resigno, David Estaban and Pam Diaz all indicating that they have no objections with the shed. The Chair opened the public hearing. Ted Jako (22 Continental Street) spoke. He stated that he is concerned with three things: 1) Safety 2) Property values 3) Quality of life. Ted Jako stated that the property used to have a backyard with grass. He stated that once the applicant took possession of the property, they blacktopped the yard and built the shed without any permits. He stated that the shed is a 160 square feet on a 12" concrete slab. He stated that it is 6" above ground. He stated that the shed is used to fix cars. He stated that gardening tools are not needed with the backyard that currently exists. The Chair asked Ted Jako if he objects to the shed location. Ted Jako responded that he objects to the location and the size. He stated that the shed is 10'xl6\ He stated that water pours into his garage when it rains. The Board reviewed photos submitted by Ted Jako. Pat Cusenilli (3 Pleasant Way) spoke. He stated that the property is well kept and he has no objections to the shed. The Chair asked how the runoff could be corrected. Zoning Board of Appeals Meeting, March 20,2002 �Bob Stiloski responded that gutters could be added. He stated that a dry well could also be added. Rocco Tomello (13 Pleasant Way) spoke. He stated that he accepts the shed and has no problems with it. Dennis Fitzgerald addressed the runoff. He stated that there is no proof that the water in his garage is caused by the shed. The Chair asked about the pitch of the driveway. Richard Belliveau responded that the driveway is pitched towards Continental Street. The Chair asked Bob Stiloski if a dry well could be installed. Bob Stiloski responded yes. There was an open discussion on the water runoff and its direction. The Chair stated that if the shed were not on a concrete base, the Board would ask the applicant to relocate it since it was built without proper permits. The Chair asked about the dry well size. Bob Stiloski responded that it needs to be investigated further. The Chair asked if it would be a burden to relocate the shed. Dennis Fitzgerald responded yes. The Chair asked the Board for comments. Eliot Martone stated that he would like the neighbors to resolve the water problems. The Chair stated that this is a self-created hardship. He stated that it is not out-of-character with the neighborhood. He stated that he would like to have the neighbors resolve the water runoff issue with the Building Department. Dennis Fitzgerald responded that he would like to have the Board place conditions on the variance so they could get an approval tonight. There was an open discussion on the water runoff. The Chair asked if a garage was operating at the property. Dennis Fitzgerald responded no. Bob Stiloski cited Village Code sections indicating that water runoff may not flow onto another's property. Dennis Fitzgerald asked for an adjournment to evaluate the drainage issues. Zoning Board of Appeals Meeting, March 20,2002 5 • •-;> -.Xi-K-- <--\:U*it^.M5*>*--''-.i.-_=--, - £ ^ ~ - * M i ^ i - i ^ , t ^ ' ^ * t * a ^ i - ^ ^ ^ - « £ l i S J 5 - * �Eliot Martone made a motion to close the public hearing. Linda Moiron seconded. It was unanimous (4-0). Eliot Martone made a motion to adjourn. Jim Galgano seconded. It was unanimous (4-0). d) Mr. & Mrs. Walter Ceconi This is a request for an area variance. The public notice was read aloud. The Chair asked if the returns were received. Bob Stiloski responded yes. Sean McCarthy is the project architect representing this application. The Chair asked about the front elevations. Sean McCarthy responded that it is not visible from the street. Sean McCarthy described the existing property layout. He stated that the property is an existing 2-family house. He stated that the owners occupy the first floor. He stated that the addition would relocate and expand the master bedroom, would add a laundry room and add a bathroom. The Chair asked why the applicant is not building towards the rear of the property. Sean McCarthy responded that there are plumbing issues that would be very difficult to overcome in order to make the addition function according to the applicant's needs. The Chair asked who owns the property in the rear. Sean McCarthy responded the Piersio family. He submitted a letter from the Piersio family indicating that they don't object to the proposed addition. The Chair stated that he was concerned about making the property too dense and having it subdivided in the future. The Chair opened the public hearing. There were no public comments. Eliot Martone made a motion to close the public hearing. Jim Galgano seconded. It was unanimous (4-0), Jim Galgano stated that he has no objections with the proposed application. He stated that it is not visible from the road. Zoning Board of Appeals Meeting, March 20,2002 6 �The Chair noted letters from the Shelly family, the Ceconi family and the Murray family. All letters indicate no objections with the proposed application. Eliot Martone made a motion to approve the application with the condition that if the property is going to be sub-divided, it must appear before the Zoning Board. Jim Galgano seconded. It was unanimous (4-0). e) Minutes of February 2002 meetingThe minutes for February 2002 were reviewed. Linda Moiron made a motion to approve the minutes as submitted. Jim Galgano seconded. It was unanimous (4-0). f) Discussion on the Village Zoning Code There was an open discussion on upgrading the Village Zoning Code. No action was taken. Eliot Martone made a motion to adjourn. Jim Galgano seconded. It was unanimous (4-0). Adjourned at 9:34 p.m. to next meeting. Respectfully Submitted, Anthony Del Vecchio Zoning Board of Appeals Meeting, March 20,2002 � 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-2002 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_2002-03-20 Subject The topic of the resource Zoning Board Minutes & Resolutions-2002 Date A point or period of time associated with an event in the lifecycle of the resource 2002 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