https://sleepyhollow.localarchives.org/files/original/e9d80f7a917519b3ed60540ed7da278f.pdf 2bc8c0ec0522abece13911cad3ada3ca PDF Text Text V << fi VILLAGE OF SLEEPYHOLLOW ZONING BOARD OF APPEALS MEETING May 15,2002 RECEIVED JUN J k WO? The meeting was called to order at 8:02 P.M. by Robert Aiiello, Chairman. ¥rW<M§ ffitoOFtlfct a quorum was present. v? Present: Absent: Robert Anello, Chairman Linda Moiron James Galgano_ Peter Koffler Eliot Martone Tom Caposella Sean McCarthy (/ I ^vf/^"*"" «-i*-J d+j**J*~f^* None 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) James and Richard Belliveau c) George Samaras d) Minutes of April 2002 meeting Announcements: The Chair stated that two new members have been appointed to the Zoning Board. a) Giovanni Volpacchio This is a continuationfroma previous meeting. There was nobody present to represent this application. Bob Stiloski stated that the applicant had requested an adjournment until June 2002. This was adjourned to next meeting. b) James and Richard Belliveau This is a continuationfroma previous meeting. The Chair stated that a letterfromthe applicant's Engineer and a video were submitted to the Board. He asked if the neighbors were given access to the letter and video. " .^t-fe^-^ '^W^i^,;^-^-:^^,^'--^ — �» Dennis Fitzgerald responded that the neighbors have only been provided with a copy of the letter. Dennis Fitzgerald played and narrated the video. He discussed the new leader and gutter that were installed. The video showed that a red dye was added to the gutter to show that the rainwater was diverted properly. Also, the red dye was used in front of the shed to show that the pitch is towards Continental Street and not towards the neighbor's property. The Chair statedihat the Board had received a letter from Cascade Industries to James Belliveau (2 pages) regarding the shed drainage study findings with a map showing elevations. He also stated that since the Board has two (2) new members would Dennis Fitzgerald summarize the application. Dennis Fitzgerald very briefly summarized the application. He spoke about the zoning variances that are needed. Tom Caposella asked when was the shed built. Dennis Fitzgerald responded 1993. The Chair stated that the shed does not adversely affect the neighborhood. Dennis Fitzgerald responded that it is similar to other properties in the neighborhood. He stated that the applicant hired a Professional Engineer to evaluate the drainage. He also stated that the applicant has received a variance from the NYS Uniform Fire Code. Sean McCarthy asked about the size of the shed. Dennis Fitzgerald responded 10'xl6\ The Chair asked if the Board had any other questions. There were none. The Chair opened the public hearing. Ted Jako (22 Continental Street) spoke. He summarized the application to date. He stated that the shed was built in 1994 without a permit. He stated that the shed is built on a 12" concrete slab. He also stated that in the wintertime, his garage floor becomes a sheet of ice. The Chair asked Ted Jako how he knew that the water is coming from the Belliveau's shed. Ted Jako responded that he never had water in the garage in the 40 years prior to the shed construction. The Chair asked Ted Jako about the contents of the Belliveau's shed. Ted Jako responded that he did not know but it was not for gardening equipment. He also stated that he couldn't use his garage anymore because after the water is causing things to rust. The Chair asked if the Board had any other concerns. There were none. Zoning Board of Appeals Meeting, May 15,2002 •-~'zs^^*^*j&^£j^i^^i&&j&j&i% �Linda Moiron made a motion to close the public hearing. Jim Galgano seconded. It was unanimous (7-0). The Chair asked the Board for comments. Tom Caposella asked Ted Jako is there are any gutters on his garage. Ted Jako responded no. The Chair asked when were the gutters installed on the Belliveau shed. Dennis Fitzgerald responded around mid-march. The Chair spoke about two issues. 1) Water. 2) Size and use of the shed. The Chair asked what was the shed used for. Richard Belli veau responded storage. The Chair commented that the variance requested is substantial. The Code requires a read yard setback of 25-feet and the applicant is proposing a setback of 2 Y%- feet. He also stated that the shed was a self-created hardship. There was an open discussion on the non-conforming use and the possible expansion of the nonconforming use. Jim Galgano stated that the property is located in an R-4(a) district according to the Village map. He also stated that according to the Village Code, this is zoning for 1-2 family and commercial. Jim Galgano stated that he does not have a problem with the application. He stated that it is consistent with the neighborhood. Peter Koffler stated that the Board couldn't just grant a variance since it was built without a permit. He also stated that it is overbuilt for storage. Sean McCarthy asked how was the shed fastened to the concrete. Dennis Fitzgerald responded that it was anchored. There was an open discussion on Section 62.25 of the Village Code concerning non-conforming uses. Bob Stiloski stated that the property is not in an R-4 (a) district but it is in a R-5 district. He stated that R-5 covers multi-family so it is a conforming use. Jim Galgano made a motion to grant the variance. Tom Caposella seconded The application was rejected by a 4-3 vote. (Galgano, Caposella, Moiron). Zoning Board of Appeals Meeting, May 15,2002 3 �c) George Samaras This is an application for an area variance. The Chair read the public notice aloud. Ron Tumquist is the project architect and is representing this application along with George Samaras. Ron Tumquist showed the existing building with the rear area. He stated that a local club would like to lease the conference room. He spoke about adding 48 additional seats. He stated at the rate of 5 seats/space they would need 10 spaces. The Chair asked where is the parking analysis. Ron Tumquist responded that it is on drawing SP-1. The Chair asked if there are any residential units at this property. Ron Tumquist responded that there are three apartments. He stated that the apartments do not have any parking associated with them. The Chair stated that the applicant needs to provide parking for the apartments. Ron Tumquist stated that there are three 2-bedroom units. He stated that according to the Village requirements for parking, the apartments require 6 spaces. Ron Tumquist stated that the apartments are existing. The Chair stated that since the applicant is altering a non-conforming use, the entire building requires a variance. Ron Tumquist spoke about 175 Valley Street. He stated that George Samaras purchased the property. He spoke about the added methods to be used for egress. The Chair asked how would people access the back room. Ron Tumquist responded through the restaurant. Sean McCarthy asked if the curb cut was existing. Ron Tumquist responded yes. Eliot Martone asked about the width of the driveway. Ron Tumquist responded 14 feet wide. Bob Stiloski stated that a fire truck would not be able to fit. Ron Tumquist stated that the width could be changed. The Chair stated that Planning Board approval would be needed. He also asked how would the occupants know about the available parking. Ron Tumquist responded that appropriate signage would be added. Zoning Board of Appeals Meeting, May 15,2002 4 �The Chair asked how would the properties be deeded. Ron Turnquist responded that they would be forever joined. Eliot Martone stated that he would like to know about all previously granted variances issued to both properties. Ron Turnquist responded that he disagrees. Ed Lammers stated that the applicant was denied a building permit due to parking.—He stated that the public notice only mentioned 11 spaces. He stated that if more are needed, the applicant would have to re-notice. The Chair stated that the applicant should go to the Planning Board for site plan review since this involves an enlargement of a commercial property. Ron Turnquist stated that the Board needs to approve parking before the application is sent to the Planning Board. George Samaras stated that he is providing sufficient parking. Ed Lammers stated that the building department needs to evaluate the parking plan. He stated that the plan has changed within the last two weeks. The Chair spoke about Village Code section 62-29, extension and alteration of a non-conforming use. He stated that the applicant still needs site plan approval. There was an open discussion on whether or not a variance is needed. Peter Kofiler asked about the previous use of the proposed parking lot. Ron Turnquist responded that it was an unused vacant lot. Eliot Martone made a motion to refer the applicant back to the Planning Board for both properties (Valley Street and Chestnut Street). He also stated that all previous variances issued for both properties should be reviewed as well. Peter Koffler seconded. It was unanimous (7-0). d) Minutes of April 2002 meetingThe minutes for April 2002 will be reviewed at the next meeting. Linda Moiron made a motion to adjourn. Eliot Martone seconded. It was unanimous (7-0). Adjourned at 9:23 p.m. to next meeting. Respectfully Submitted, Anthony Del Vecchio Zoning Board of Appeals Meeting, May 15,2002 �Linda Moiron made a motion to approve the variance under the condition that the Village representatives from the Department of Fire & Life Safety can inspect the property. Eliot Martone seconded. It was unanimous (7-0). % d) George Samaras This was adjourned to next meeting. e) Minutes of April 2002 meeting- The minutes for April 2002 were reviewed. Jim Galgano made a motion to approve the minutes as submitted. Peter Koffler seconded. It was unanimous (7-0). The minutes for May 2002 were reviewed. The following corrections were noted: •i r On page 3, change: i "The Chair commented that the variance requested is substantial. The Code requires a read yard setback of 25-feet and the applicant is proposing a setback of 2 V%- feet. He also stated that the shed was a self-created hardship." To read: i "The Chair commented that the variance requested is substantial. The Code requires a rear yard setback of 25-feet and the applicant is proposing a setback of 2 Vi- feet. He also stated that the shed was a self-created hardship." • Eliot Martone made a motion to approve the minutes as amended. Jim Galgano seconded. It was unanimous (7-0). f) Other Business - t The Board stated that there would not be a meeting in August. Linda Moiron made a motion to re-elect Robert Anello as Chairman. Peter Koffler seconded. It was unanimous (6-0). ' Eliot Martone made a motion to adjourn. Linda Moiron seconded.' It was unanimous (7-0). Adjourned at 8:46 p.m. to next meeting. Respectfully Submitted, M^r^MjL Antnony Del Vecchio Zoning Board of Appeals Meeting, June 19,2002 t i-i^t-ijSitfiA.irfe'iife:-. j^a*i-«5^s;»*i¥ii-**.vIt-ii4^a^ B ^^^»J f � 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_2002-05-15 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